2017 Maryland Code
Criminal Law
Title 9 - Crimes Against Public Administration
Subtitle 4 - Harboring, Escape, and Contraband
Part II - Contraband -- Places of Confinement
§ 9-410. Definitions
- (a) In general. -- In this part the following words have the meanings indicated.
- ** REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 27, § 138(a)(1).
** REVISOR'S NOTE
In this subsection and throughout this part the references to this "part" are substituted for the former references to this "section" to reflect the reorganization of material derived from former Art. 27, § 138.
- (b) Alcoholic beverage. -- "Alcoholic beverage" means beer, wine, or distilled spirits.** REVISOR'S NOTE
This subsection formerly was Art. 27, § 138(a)(2).
** REVISOR'S NOTE
No changes are made.
- (c) Contraband. -- "Contraband" means any item, material, substance, or other thing that:
- (1) is not authorized for inmate possession by the managing official; or
- (2) is brought into the correctional facility in a manner prohibited by the managing official.
** SPECIAL REVISOR'S NOTE
SPECIAL REVISOR'S NOTE
** REVISOR'S NOTEAs enacted by Ch. 26, Acts of 2002, this subsection formerly was Art. 27, § 138(a)(3). However, Ch. 41, Acts of 2002, amended the introductory language of this subsection by deleting the phrase "of value" following the word "thing".
** REVISOR'S NOTE
No changes were made by Ch. 26.
** REVISOR'S NOTE
The Criminal Law Article Review Committee noted, for the consideration of the General Assembly, that in the introductory language to this subsection, the reference to a thing "of value" was confusing and should be deleted. It was unclear whether the standard of "value" related to the prison environment or to the outside world. The General Assembly was asked to consider deleting this reference in substantive legislation. Chapter 41 addressed this concern.
** DEFINED TERMS:
"Correctional facility" § 1-101
** DEFINED TERMS:
"Inmate" § 1-101
**
- (d) Controlled dangerous substance. -- "Controlled dangerous substance" has the meaning stated in § 5-101 of this article.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 27, § 138(a)(4)(i).
REVISOR'S NOTE
The former limitation "[e]xcept as provided in subparagraph (ii) of this paragraph" is deleted in light of the revision of former Art. 27, § 138(a)(4)(ii), which authorized certain prescribed inmate medications, as a scope provision in § 9-411 of this part. **
- (e) Managing official. -- "Managing official" means the administrator, director, warden, superintendent, sheriff, or other individual responsible for the management of a place of confinement.
REVISOR'S NOTE
This subsection formerly was Art. 27, § 138(a)(5).
REVISOR'S NOTE
No changes are made.
DEFINED TERM:
"Place of confinement" §§ 9-401, 9-410
**
- (f) Place of confinement. -- **
- (1) "Place of confinement" means: **
- (i) a correctional facility; **
- (ii) a facility of the Maryland Department of Health; **
- (iii) a detention center for juveniles; **
- (iv) a facility for juveniles listed in § 9-226(b) of the Human Services Article; **
- (v) a place identified in a juvenile community detention order; or **
- (vi) any other facility in which a person is confined under color of law. **
- (2) "Place of confinement" does not include a place identified in a home detention order or agreement.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 27, § 138(a)(6).
REVISOR'S NOTE
Paragraph (1) of this subsection is new language added to clarify that this definition of "place of confinement" restricts the general definition of the same term in § 9-401 of this subtitle.
"Place of confinement" §§ 9-401, 9-410
**
- (1) "Place of confinement" means: **
- (g) Telecommunication device. -- **
- (1) "Telecommunication device" means: **
- (i) a device that is able to transmit telephonic, electronic, digital, cellular, or radio communications; or **
- (ii) a part of a device that is able to transmit telephonic, electronic, digital, cellular, or radio communications, regardless of whether the part itself is able to transmit. **
- (2) "Telecommunication device" includes a cellular telephone, digital telephone, picture telephone, and modem-equipped device. **
- (1) "Telecommunication device" means: **
- (h) Weapon. -- "Weapon" means a gun, knife, club, explosive, or other article that can be used to kill or inflict bodily injury.
REVISOR'S NOTE
This subsection formerly was Art. 27, § 138(a)(7).
REVISOR'S NOTE
The former reference to "maim[ing]" is deleted as included in the reference to "inflict[ing] bodily injury". The separate crime of "maiming", formerly found in Art. 27, §§ 384 through 386, was incorporated into assault. See Ch. 632, Acts of 1996.
