Telegraf. [volume] (Baltimore, Md.) 1909-1951, 1943-08-13
PUBLIC e LAWS

his opinion, would be most qualified for
such position and shall advise said Di-
rector of such selection. Upon being
advised of such selection, said Director
shall recommend to the Governor the
conditional release of such prisoner for
the purpose of filing such vacant po-
sition. Said Director shall in every
case recommend whether the prisoner
shall receive a conditional Communication
of sentence or a conditional pardon or
a parole and shall specify the condi-
lions of any parole, communication OF
sentence or pardon that he may recon-
specified. To aid in the proper selec-
tion of such prisoners, said Director
shall, with the approval of the Cover
nor, adopt such policies, procedure and
proper.
The Governor, acting upon the recon-
mendatiOn of said Director, shall be au-
thoriZed to grant the conditional release
of such prisoner for such purpose and
shall thereupon deliver to said Director
a written order which shall be to him
and to the warden of the institution au-
thOrity for the release of such prisoner.
When any such prisoner is condition
ally released, as hereinbefore provided,
and employed by any such appointing
authority, said authority shall prompt
ly report such employment to said
COMMISSIONS of Employment, or to
said City Service Commission or to any
bbC NAoOlg uIAiOLA vi JhO q
rolls of any political subdivision Of
this State, as the case may be, which is
hereby directed to establish a special
class of employees to be known as
Emergency Employees and to include
each such prisoner in said class. The
Employment Commissioner, the City
Service Commission or any other super
visory authority of the payrolls of any
political subdivision of this State, as
the case may be, is further directed to
certify all payrolls which may include
the names of such Emergency En-
ployees," but such employees shall be
excluded from the Merit System of this
State or Of Baltimore City or of any
other political subdivision of this
State and from all the privileges and
benefits thereof. No such emergency
employee shall be covered or be eligible
for any Of the benefits and privileges
of the Employees Retirement System of
the State, as established by Chapter 37
of the Acts of 1911, or for the benefits
of any retirement or pension system Of
Baltimore City or of any political sub
division of this State, nor shall he be
covered by the Workmen's Compensa-
ton Policies protecting inmates of such
penal institutions engaged in extra
hazardous employment. Any agency,
commission, department, institution or
other employing authority of the State,
or Of Baltimore City or of any political
subdivision of this State, which en-
ploys any such prisoner shall cover him
within the WOrkmen Compensation
Policy protecting its other similar en-
ployeeS. The provisions of Section 10 to
IL, both inclusive, of Article GA of the
Annotated Code of Maryland (1939 Edi-
tion), as amended by Chapter 395 of the
Acts of 1941, shall not apply to any
prisoner so released and employed.
Every prisoner so employed shall be
entitled to be compensated at the same
rate of base pay as any other employees
in the same classified or unclassifed
position. The Director of Parole and
Probation shall be authorized to deter
mine what portion of his earnings shall
be withheld from such prisoner; and
the remainder of said earnings, not so
withheld, shall be paid over to the SUI
perintendent of any institution or other
employing authority, at which he is en-
p1Oyed, for disbursement to him. Such
employing authority shall receive the
portion so withheld and shall, on the
instructions of said Director, pay any
part or all of such portion to the de-
pendent or dependents of such prisoner.
Any balance of the portion withheld,
not so paid to any dependent or Deepen
dents, shall be held by said employing
authority for payment to such prisoner
at the termination of his period of con-
ditional release.
The granting Of a conditional release
to any prisoner as hereinbefore pro-
vided shall not thereby render him in
eligible for general parole thereafter,
but he may be considered for general
parole in accordance with law and such
rules and regulations as may be adopted
by said Director from time to time.
Every prisoner granted a conditional
release under this Act shall be and re-
main under the supervision of said Di-
rector of Parole and Probation, who
shall be responsible for his custody,
but such prisoner shall be otherwise
subject to the orders of the appointing
authority during the time that he is
ON Nv nnu nn AHhnn
employing authority of the State, or of
Baltimore City or of any political sub
division of this State. Any such pris-
Oner may be returned to the penal Inc
stitutiOn by cancellation of the parole,
conditional Communication or conditional
pardon issued, if such prisoner is, for
any reason, found unsuitable for per-
forming the duties of his position or
whenever his services are no longer re-
quired; and each such prisoner shall be
considered as having continued serving
his sentence during such period of con-
ditiOnal release, and shall be entitled to
such deductions from his period of con-
fnement as he would have earned had
he been working within the penal insti-
tuition. In order to thus return such
prisoner it shall not be necessary to
provide a hearing or establish any
record Of misconduct. Violations of
the terms of conditional release shall
be handled as provided by law.
The said Director of Parole and Pro-
baton may in his discretion certify to
any said employing authority the name
of any person previously released and
at large unde the terms of a parole,
conditional Communication or conditional
pardon, and if such person be selected
by said employing authority, all the
provisions of this Act shall apply to
such employment insofar as they are
not inconsistent with the terms of the
original order of parole, conditional
Communication or conditional pardon by
which such prisoner was released.
Sec. 2. And be it further enacted,
That to the extent of any inconsistent
cieS herewith, the provisions of this Act
shall supersede for the effective period
hereof any provision of any other
statute or of any ordinance, order, rule
or regulation inconsistent herewith.
Sec. 3. And be it further enacted.
That this Act shall be in effect during
the continuance of the existing state of
war between the United States and
Germany, Japan and Italy and during
any prOlongation thereof with any one
of such nations and/Or with any other
foreign country and for three months
after the termination thereof by the
signing Of a defnitive treaty of peace
or by the proclamation of the President
of the United States or the Governor of
the State that hostilities have ceased or
that the emergency no longer exists,
whichever event first occurs; provided,
however, that this Act shall cease to be
in effect upon the adoption at any time
by the General Assembly of Maryland
of a Joint Resolution stating that it is
no longer necessary for the public good
and safety of the State and terminating
the same; and provided, further, that
the termination of this Act shall not af-
feet any act done or any right, liability
or obligation accruing or accrued pur-
suant thereto and during the time that