Section 8-503 - Receipt of notice of untried indictment. - Maryland Statutes

§ 8-503. Receipt of notice of untried indictment.
 

(a)  Division of Correction.- On receipt of notice of an untried indictment, information, warrant, or complaint against an inmate who is serving a sentence in a correctional facility in the Division of Correction or against an inmate who is confined at the Patuxent Institution, the Division of Correction shall promptly notify the managing official of the correctional facility in which the inmate is confined of the detainer lodged against the inmate and of the untried indictment, information, warrant, or complaint on which it is based. 

(b)  Duty to inform inmate.- Within 15 days after receiving notice of a detainer and the untried indictment, information, warrant, or complaint on which it is based, the managing official having immediate supervision over the inmate shall inform the inmate in writing: 

(1) of the source and contents of the detainer lodged against the inmate; and 

(2) of the inmate's right to make a request for final disposition of the indictment, information, warrant, or complaint on which the detainer is based. 

(c)  Dismissal of indictment.- If an inmate is not informed within 1 year of a detainer lodged against the inmate and of the inmate's right to make a request for final disposition of the indictment, information, warrant, or complaint on which the detainer is based: 

(1) the untried indictment, information, warrant, or complaint shall have no further force or effect; and 

(2) the court shall enter an order dismissing the untried indictment, information, warrant, or complaint without prejudice. 

(d)  Duty to file inmate's request for final disposition.-  

(1) An inmate who has been notified of a detainer lodged against the inmate may request that the managing official having immediate supervision over the inmate file the inmate's request for final disposition of the untried indictment, information, warrant, or complaint, along with the statement required under subsection (b) of this section. 

(2) Within 30 days after receipt of an inmate's request under paragraph (1) of this subsection, the managing official having custody of the inmate shall file the inmate's request for final disposition and the statement required under subsection (b) of this section with the appropriate State's Attorney and the appropriate court. 

(3) The managing official shall file the inmate's request for final disposition and the required statement by certified mail, return receipt requested. 

(e)  Dismissal.- If the untried indictment, information, warrant, or complaint for which request for final disposition is made is not brought to trial within the time limitation established under § 8-502 of this subtitle: 

(1) the untried indictment, information, warrant, or complaint has no further force or effect; and 

(2) the court, on request of the inmate or the inmate's counsel, shall enter an order dismissing the untried indictment, information, warrant, or complaint without prejudice. 

(f)  Transportation of inmate.-  

(1) Except as provided in paragraph (2) of this subsection, the sheriff of the county in which an untried indictment, information, warrant, or complaint is pending shall transport the inmate between the inmate's place of confinement and the county in which the untried indictment, information, warrant, or complaint is pending. 

(2) On the request of the sheriff, the transportation may be furnished by the correctional facility in which the inmate is confined. 
 

[An. Code 1957, art. 27, § 616S(c)-(f); 1999, ch. 54, § 2; ch. 64.]