2013 Maryland Code
CORRECTIONAL SERVICES
§ 4-101 - Definitions [Effective until October 1, 2013]

§4-101.

(a) In this title the following words have the meanings indicated.

(b) “Board of Review” means the institutional Board of Review created under § 4-205 of this title.

(c) “Commissioner” means the Commissioner of Correction.

(d) “Director” means the Director of the Patuxent Institution.

(e) (1) “Eligible person” means an individual who:

(i) has been convicted of a crime and is serving a sentence of imprisonment with at least 3 years remaining on the sentence;

(ii) has an intellectual impairment or emotional imbalance;

(iii) is likely to respond favorably to the programs and services that the Institution provides;

(iv) can better respond to remediation through those programs and services than by other incarceration; and

(v) meets the eligibility criteria that the Secretary establishes under § 4-208(b) of this title.

(2) “Eligible person” does not include an individual who:

(i) is serving two or more sentences of imprisonment for life under § 2-201, § 2-303, or § 2-304 of the Criminal Law Article;

(ii) is serving one or more sentences of imprisonment for life when a court or jury has found under § 2-303 of the Criminal Law Article, beyond a reasonable doubt, that one or more aggravating circumstances existed; or

(iii) has been convicted of murder in the first degree, rape in the first degree, or a sexual offense in the first degree, unless the sentencing judge, at the time of sentencing or in the exercise of the judge’s revisory power under the Maryland Rules, recommends that the individual be referred to the Institution for evaluation.

(f) “Evaluation team” means a team of at least three professional employees of the Institution, one of whom shall be a social worker, one of whom shall be a psychologist, and one of whom shall be a psychiatrist.

(g) “Institution” means the Patuxent Institution.

(h) “Patuxent programs” includes the eligible person program as defined in § 4-301 of this title, and the Patuxent Youth Program as defined in § 4-401 of this title.

(i) “Remediation” means treatment for specific areas of mental and social deficiencies that are highly related to criminal behavior.

(j) “Victim” means:

(1) an individual who suffers personal physical injury or death as a direct result of a crime; or

(2) if the victim is deceased, a designated family member of the victim.

§ 4-101 - Definitions

(a) In general. -- In this title the following words have the meanings indicated.

(b) Board of Review. -- "Board of Review" means the institutional Board of Review created under § 4-205 of this title.

(c) Commissioner. -- "Commissioner" means the Commissioner of Correction.

(d) Director. -- "Director" means the Director of the Patuxent Institution.

(e) Eligible person. --

(1) "Eligible person" means an individual who:

(i) has been convicted of a crime and is serving a sentence of imprisonment with at least 3 years remaining on the sentence;

(ii) has an intellectual impairment or emotional imbalance;

(iii) is likely to respond favorably to the programs and services that the Institution provides;

(iv) can better respond to remediation through those programs and services than by other incarceration; and

(v) meets the eligibility criteria that the Secretary establishes under § 4-208(b) of this title.

(2) "Eligible person" does not include an individual who:

(i) is serving two or more sentences of imprisonment for life under § 2-201, § 2-303, or § 2-304 of the Criminal Law Article;

(ii) is serving one or more sentences of imprisonment for life when a court or jury has found under § 2-303 of the Criminal Law Article, beyond a reasonable doubt, that one or more aggravating circumstances existed; or

(iii) has been convicted of murder in the first degree, rape in the first degree, or a sexual offense in the first degree, unless the sentencing judge, at the time of sentencing or in the exercise of the judge's revisory power under the Maryland Rules, recommends that the individual be referred to the Institution for evaluation.

(f) Evaluation team. -- "Evaluation team" means a team of at least three professional employees of the Institution, one of whom shall be a social worker, one of whom shall be a psychologist, and one of whom shall be a psychiatrist.

(g) Institution. -- "Institution" means the Patuxent Institution.

(h) Patuxent programs. -- "Patuxent programs" includes the Eligible Person Program as defined in § 4-301 of this title, and the Patuxent Youth Program as defined in § 4-401 of this title.

(i) Remediation. -- "Remediation" means treatment for specific areas of mental and social deficiencies that are highly related to criminal behavior.

(j) Victim. -- "Victim" means:

(1) an individual who suffers personal physical injury or death as a direct result of a crime; or

(2) if the victim is deceased, a designated family member of the victim.