<?xml version='1.0' encoding='utf-8'?>
<subtitle article="gcs" title_number="9" subtitle_number="2" title_name="State and Local Correctional System -- Incarcerated Individuals" subtitle_name="Sentences -- Consecutive and Concurrent">
  <section article="gcs" article_name="Correctional Services" number="9-201" title_number="9" title_name="State and Local Correctional System -- Incarcerated Individuals" subtitle_number="2" subtitle_name="Sentences -- Consecutive and Concurrent">
    <level label="a">
      <level label="1">
        <text>In this section the following words have the meanings indicated.</text>
      </level>
      <level label="2">
        <text>“Sexual offense” means:</text>
        <level label="i">
          <text>a violation of:</text>
          <level label="1">
            <text>§ 3–305 or § 3–306 of the Criminal Law Article as the sections existed before October 1, 2017; or</text>
          </level>
          <level label="2">
            <text>§ 3–307, § 3–308, § 3–309, or § 3–310 of the Criminal Law Article or the former § 3–311 or § 3–312 of the Criminal Law Article as the sections existed on September 30, 2017; or</text>
          </level>
        </level>
        <level label="ii">
          <text>an attempt to violate:</text>
          <level label="1">
            <text>§ 3–305 or § 3–306 of the Criminal Law Article, as the sections existed before October 1, 2017, as a principal or an aider or abettor; or</text>
          </level>
          <level label="2">
            <text>§ 3–307 or § 3–308 of the Criminal Law Article as a principal or an aider or abettor.</text>
          </level>
        </level>
      </level>
      <level label="3">
        <text>“State correctional facility” does not include:</text>
        <level label="i">
          <text>the Patuxent Institution; or</text>
        </level>
        <level label="ii">
          <text>the Baltimore City Detention Center.</text>
        </level>
      </level>
    </level>
    <level label="b">
      <text>If an incarcerated individual is convicted of and sentenced to a term of imprisonment for a sexual offense that was committed while the incarcerated individual was serving a sentence in a State or local correctional facility, the sentence for the sexual offense shall run consecutive to the sentence that the incarcerated individual was serving at the time of the sexual offense.</text>
    </level>
    <level label="c">
      <level label="1">
        <text>If an incarcerated individual is convicted of and sentenced to a term of imprisonment for a sexual offense that was committed while the incarcerated individual was being held for a bail hearing, arraignment, trial, or sentencing on another charge in a State or local correctional facility and, before the imposition of the sentence for the sexual offense, the incarcerated individual was sentenced to a term of imprisonment for the charge for which the incarcerated individual was being held at the time of the sexual offense, the sentence imposed for the sexual offense shall run consecutive to the sentence imposed for the charge for which the incarcerated individual was being held at the time of the sexual offense.</text>
      </level>
      <level label="2">
        <text>If an incarcerated individual is convicted of and sentenced to a term of imprisonment for a sexual offense that was committed while the incarcerated individual was being held for a bail hearing, arraignment, trial, or sentencing on another charge in a State or local correctional facility and, at the time that the sentence for the sexual offense is imposed, the incarcerated individual has not been sentenced on the other charge, any sentence of imprisonment eventually imposed for the other charge shall run consecutive to the sentence imposed for the sexual offense.</text>
      </level>
    </level>
  </section>
  <section article="gcs" article_name="Correctional Services" number="9-202" title_number="9" title_name="State and Local Correctional System -- Incarcerated Individuals" subtitle_number="2" subtitle_name="Sentences -- Consecutive and Concurrent">
    <level label="a">
      <level label="1">
        <text>In this section the following words have the meanings indicated.</text>
      </level>
      <level label="2">
        <text>“Division custody” means confinement resulting from a sentence to the jurisdiction of the Division of Correction.</text>
      </level>
      <level label="3">
        <level label="i">
          <text>“Non–Division custody” means any postsentencing criminal confinement other than Division custody.</text>
        </level>
        <level label="ii">
          <text>“Non–Division custody” includes confinement resulting from a sentence to:</text>
          <level label="1">
            <text>a local correctional facility; or</text>
          </level>
          <level label="2">
            <text>a correctional facility in a foreign jurisdiction.</text>
          </level>
        </level>
      </level>
    </level>
    <level label="b">
      <level label="1">
        <text>A sentence to a term of Division custody that is imposed consecutive to a term of Non–Division custody shall begin when the individual is released from Non–Division custody due to the expiration of a sentence, parole, or the application of diminution credits.</text>
      </level>
      <level label="2">
        <text>A sentence to a term of Non–Division custody that is imposed consecutive to a term of Division custody shall begin when the individual is released from Division custody due to the expiration of a sentence, parole, or the application of diminution credits.</text>
      </level>
    </level>
    <level label="c">
      <text>A sentence imposed consecutive to a term of confinement for which the defendant is on parole shall begin:</text>
      <level label="1">
        <text>if, at the time of sentencing, parole is revoked, on expiration of the original term of confinement; or</text>
      </level>
      <level label="2">
        <text>if parole is not revoked, on the date that the consecutive sentence was imposed.</text>
      </level>
    </level>
    <level label="d">
      <text>An incarcerated individual under a sentence to a term of Division custody that is concurrent or partially concurrent to a term of Non–Division custody shall be subject to Division custody immediately on release from Non–Division custody due to the expiration of a sentence, parole, or the application of diminution credits.</text>
    </level>
  </section>
</subtitle>