§ 9-401. Definitions

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

** REVISOR'S NOTE
 
   This subsection is new language derived without substantive change from former Art. 27, § 136(a) and 268E(a).

** REVISOR'S NOTE
 
   The reference to this "subtitle" is substituted for the former references to this "subheading" to reflect the consolidation in this subtitle of material derived from the former "Escape and Contraband in Places of Confinement" and "Harboring" subheadings of Article 27.

(b) Concealment. -- "Concealment" means hiding, secreting, or keeping out of sight.

** REVISOR'S NOTE
 
   This subsection formerly was Art. 27, § 268E(c).

** REVISOR'S NOTE
 
   No changes are made.

(c) Escape. -- "Escape" retains its judicially determined meaning.

** REVISOR'S NOTE
 
   This subsection formerly was Art. 27, § 136(b).

** REVISOR'S NOTE
 
   No changes are made.

(d) Fugitive. -- "Fugitive" means an individual for whom a felony arrest warrant has been issued and is outstanding.

** REVISOR'S NOTE
 
   This subsection is new language derived without substantive change from former Art. 27, § 268E(d).

** REVISOR'S NOTE
 
   In this subsection, the phrase "and is outstanding" is added for clarity. Otherwise, an individual could be a "fugitive" under this subtitle even if a felony arrest warrant for the individual had been quashed. The Criminal Law Article Review Committee brings this addition to the attention of the General Assembly.

(e) Harbor. --

   (1) "Harbor" includes offering a fugitive or escaped inmate:

      (i) concealment;

      (ii) lodging;

      (iii) care after concealment; or

      (iv) obstruction of an effort of an authority to arrest the fugitive or escaped inmate.

   (2) "Harbor" does not include failing to reveal the whereabouts of a fugitive or an escaped inmate by a person who did not participate in the effort of the fugitive or escaped inmate to elude arrest.

** REVISOR'S NOTE
 
   This subsection is new language derived without substantive change from former Art. 27, § 268E(b).

** REVISOR'S NOTE
 
   In the introductory language of paragraph (1) and in paragraphs (1)(iv) and (2) of this subsection, the references to an "escaped inmate" are added for consistency with § 9-403 of this subtitle. The Criminal Law Article Review Committee brings these additions to the attention of the General Assembly.

** DEFINED TERMS:
 

   "Inmate"                                                             § 1-101
 
   ** DEFINED TERMS:
 
   "Person"                                                             § 1-101

**

(f) Hardware secure facility. -- "Hardware secure facility" means a facility that is securely locked or fenced to prevent escape. **

(g) Place of confinement. -- **

   (1) "Place of confinement" means: **

      (i) a correctional facility; **

      (ii) a facility of the Department of Health and Mental Hygiene; or **

      (iii) any other facility in which a person is confined under color of law. **

   (2) "Place of confinement" does not include: **

      (i) a detention center for juveniles; **

      (ii) a facility for juveniles listed in § 9-226(b) of the Human Services Article; **

      (iii) a place identified in a juvenile community detention order; or **

      (iv) a privately operated, hardware secure facility for juveniles committed to the Department of Juvenile Services. **


 
SPECIAL REVISOR'S NOTE

   As enacted by Ch. 26, Acts of 2002, this subsection was new language derived without substantive change from former Art. 27, § 136(c). However, Ch. 406, Acts of 2002, added "a place identified in a juvenile community detention order" as item (5) of this subsection and renumbered the following item accordingly.
 

"Correctional facility"                                                 § 1-101
 
   "Person"                                                             § 1-101

HISTORY: An. Code 1957, art. 27, § 136, 268E; 2002, ch. 26, § 2; ch. 406; 2004, ch. 358; 2007, ch. 8, § 1; 2010, ch. 123.