|
MARVIN MANDEL, Governor 4119
WHEREAS, Prior to July 1, 1974, the awarding of
pre—trial incarceration credit was discretionary
with the sentencing judge; and
WHEREAS, The United States District Court of Maryland
on February 18, 1974 in the case of Mohr et al v.
Jordan et al(370 F. Supp. 1149, affirmed by the
United States Court of Appeals for the Fourth
Circuit unreported, No. 74-1496, July 31, 1974)
decided that the discretionary awarding of pretrial
incarceration credit, as practiced in Maryland prior
to July 1, 1974, was unconstitutional, and decreed
that "time spent in custody awaiting trial must be
credited toward both the sentence eventually imposed
and a prisoner's minimum parole eligibility date";
and
WHEREAS, The applicability of this decision of the
Federal Court was limited to the prisoners who were
plaintiffs in that suit; and
WHEREAS, There are other prisoners now confined in
penal institutions and on parole in this State who
were sentenced prior to July 1, 1974, who may not
have been awarded pretrial incarceration credit by
the sentencing judge; and
WHEREAS, In order to avoid a multiplicity of possible
actions against the State by other prisoners and to
apply evenly the Constitutional principles announced
by the Federal Court, it appears both fair,
reasonable and desirable to extend to prisoners
sentenced prior to July 1, 1974, the benefits of
Chapter 73 5 of the Acts of 1974;
NOW, THEREFORE, I, MARVIN MANDEL, GOVERNOR OF MARYLAND,
BY VIRTUE OF THE AUTHORITY VESTED IN ME BY ARTICLE
II, SECTION 20 OF THE CONSTITUTION OF MARYLAND,
HEREBY PROMULGATE THE FOLLOWING ORDER:
For the purpose of computing the time to be
served by a prisoner as well as the time when he or
she is eligible for parole, credit shall be granted,
upon request, to any person sentenced by the courts
of Maryland prior to July 1, 1974, for the period of
time spent by such person in pre—trial custody as a
result of the charge for which sentence was imposed
or as a result of the conduct on which the charge
was based.
|
 |
