§ 8-502. Request by inmate for final disposition  


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  •    (a) Application of section. -- This section applies whenever the Division of Correction, the Patuxent Institution, or any local correctional facility receives notice of an untried indictment, information, warrant, or complaint against an inmate who:

       (1) in the case of the Division of Correction, is serving a sentence in a correctional facility in the Division of Correction;

       (2) in the case of the Patuxent Institution, is confined at the Patuxent Institution; or

       (3) in the case of a local correctional facility, is serving a sentence in the local correctional facility.

    (b) Requirement for trial within specified time. -- An inmate shall be brought to trial within 120 days after the inmate has delivered a written request for a final disposition of the indictment, information, warrant, or complaint to:

       (1) the State's Attorney of the county in which the indictment, information, warrant, or complaint is pending; and

       (2) the appropriate court.

    (c) Statement of authorities having custody of inmate. -- The request for final disposition required under subsection (b) of this section shall be accompanied by a statement from the managing official having immediate supervision over the inmate setting forth:

       (1) the inmate's term of confinement;

       (2) the time already served;

       (3) the time remaining to be served;

       (4) the amount of diminution credits awarded for good conduct;

       (5) the date of parole eligibility for the inmate; and

       (6) the most recent decision of the Maryland Parole Commission or the Board of Review of the Patuxent Institution relating to the inmate.

    (d) Authority of court to grant a continuance. -- For good cause shown in open court, with the inmate or the inmate's counsel present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.


HISTORY: An. Code 1957, art. 27, § 616S(b); 1999, ch. 54, § 2; ch. 64.