Maryland Statute

Criminal Procedure Article,
§§ 11-701--11-721

Article - Criminal Procedure

§ 11-701.
      (a)      In this subtitle the following words have the meanings indicated.
      (b)      "Child sexual offender" means a person who:
            (1)      has been convicted of violating § 3-602 of the Criminal Law Article;
            (2)      has been convicted of violating any of the provisions of the rape or sexual offense statutes under §§ 3-303 through 3-307 of the Criminal Law Article for a crime involving a child under the age of 15 years;
            (3)      has been convicted of violating the fourth degree sexual offense statute under § 3-308 of the Criminal Law Article for a crime involving a child under the age of 15 years and has been ordered by the court to register under this subtitle; or
            (4)      has been convicted in another state or in a federal, military, or Native American tribal court of a crime that, if committed in this State, would constitute one of the crimes listed in items (1) and (2) of this subsection.
      (b-1)      "Employment" means an occupation, job, or vocation that is full time or part time for a period exceeding 14 days or for an aggregate period exceeding 30 days during a calendar year, whether financially compensated, volunteered, or for the purpose of government or educational benefit.
      (c)      "Local law enforcement unit" means the law enforcement unit in a county that has been designated by resolution of the county governing body as the primary law enforcement unit in the county.
      (d)      "Offender" means a person who is ordered by a court to register under this subtitle and who:
            (1)      has been convicted of violating § 3-503 of the Criminal Law Article;
            (2)      has been convicted of violating § 3-502 of the Criminal Law Article or the fourth degree sexual offense statute under § 3-308 of the Criminal Law Article, if the victim is under the age of 18 years;
            (3)      has been convicted of the common law crime of false imprisonment, if the victim is under the age of 18 years and the person is not the victim's parent;
            (4)      has been convicted of a crime that involves soliciting a person under the age of 18 years to engage in sexual conduct;
            (5)      has been convicted of violating the child pornography statute under § 11-207 of the Criminal Law Article;
            (6)      has been convicted of violating any of the prostitution and related crimes statutes under Title 11, Subtitle 3 of the Criminal Law Article if the intended prostitute or victim is under the age of 18 years;
            (7)      has been convicted of a crime that involves conduct that by its nature is a sexual offense against a person under the age of 18 years;
            (8)      has been convicted of an attempt to commit a crime listed in items (1) through (7) of this subsection; or
            (9)      has been convicted in another state or in a federal, military, or Native American tribal court of a crime that, if committed in this State, would constitute one of the crimes listed in items (1) through (8) of this subsection.
      (e)      (1)      Except as otherwise provided in this subsection, "release" means any type of release from the custody of a supervising authority.
            (2)      "Release" means:
                  (i)      release on parole;
                  (ii)      mandatory supervision release;
                  (iii)      release from a correctional facility with no required period of supervision;
                  (iv)      work release;
                  (v)      placement on home detention; and
                  (vi)      the first instance of entry into the community that is part of a supervising authority's graduated release program.
            (3)      "Release" does not include:
                  (i)      an escape; or
                  (ii)      leave that is granted on an emergency basis.
      (f)      "Sexually violent offender" means a person who:
            (1)      has been convicted of a sexually violent offense; or
            (2)      has been convicted of an attempt to commit a sexually violent offense.
      (g)      "Sexually violent offense" means:
            (1)      a violation of §§ 3-303 through 3-307 or §§ 3-309 through 3-312 of the Criminal Law Article;
            (2)      assault with intent to commit rape in the first or second degree or a sexual offense in the first or second degree as prohibited on or before September 30, 1996, under former Article 27, § 12 of the Code; or
            (3)      a crime committed in another state or in a federal, military, or Native American tribal jurisdiction that, if committed in this State, would constitute one of the crimes listed in item (1) or (2) of this subsection.
      (h)      "Sexually violent predator" means:
            (1)      a person who:
                  (i)      is convicted of a sexually violent offense; and
                  (ii)      has been determined in accordance with this subtitle to be at risk of committing another sexually violent offense; or
            (2)      a person who is or was required to register every 90 days for life under the laws of another state or a federal, military, or Native American tribal jurisdiction.
      (i)      "Supervising authority" means:
            (1)      the Secretary, if the registrant is in the custody of a correctional facility operated by the Department;
            (2)      the administrator of a local correctional facility, if the registrant, including a participant in a home detention program, is in the custody of the local correctional facility;
            (3)      the court that granted the probation or suspended sentence, except as provided in item (12) of this subsection, if the registrant is granted probation before judgment, probation after judgment, or a suspended sentence;
            (4)      the Director of the Patuxent Institution, if the registrant is in the custody of the Patuxent Institution;
            (5)      the Secretary of Health and Mental Hygiene, if the registrant is in the custody of a facility operated by the Department of Health and Mental Hygiene;
            (6)      the court in which the registrant was convicted, if the registrant's sentence does not include a term of imprisonment or if the sentence is modified to time served;
            (7)      the Secretary, if the registrant is in the State under terms and conditions of the Interstate Compact for Adult Offender Supervision, set forth in Title 6, Subtitle 2 of the Correctional Services Article, or the Interstate Corrections Compact, set forth in Title 8, Subtitle 6 of the Correctional Services Article;
            (8)      the Secretary, if the registrant moves to this State and was convicted in another state of a crime that would require the registrant to register if the crime was committed in this State;
            (9)      the Secretary, if the registrant moves to this State from another state where the registrant was required to register;
            (10)      the Secretary, if the registrant is convicted in a federal, military, or Native American tribal court and is not under supervision by another supervising authority;
            (11)      the Secretary, if the registrant is not a resident of this State and has been convicted in another state or by a federal, military, or Native American tribal court; or
            (12)      the Director of Parole and Probation, if the registrant is under the supervision of the Division of Parole and Probation.
      (j)      "Transient" means a nonresident registrant who enters a county of this State with the intent to be in the State or is in the State for a period exceeding 14 days or for an aggregate period exceeding 30 days during a calendar year for a purpose other than employment or to attend an educational institution.
§ 11-702.
      For the purposes of this subtitle, a person is convicted when the person:
            (1)      is found guilty of a crime by a jury or judicial officer;
            (2)      enters a plea of guilty or nolo contendere;
            (3)      is granted a probation before judgment after a finding of guilt for a crime if the court, as a condition of probation, orders compliance with the requirements of this subtitle; or
            (4)      is found not criminally responsible for a crime.
§ 11-702.1.
      (a)      Notwithstanding any other provision of law to the contrary, except as provided in subsection (b) of this section, this subtitle shall be applied retroactively to include a registrant convicted of an offense committed before July 1, 1997, and who is under the custody or supervision of a supervising authority on October 1, 2001.
      (b)      Notwithstanding any other provision of law to the contrary, this subtitle shall be applied retroactively to a child sexual offender who committed the sexual offense on or before October 1, 1995, and who is under the custody or supervision of a supervising authority on October 1, 2001.
§ 11-703.
      (a)      (1)      Subject to subsections (b) and (c) of this section, if a person is convicted of a sexually violent offense, the State's Attorney before sentencing may ask the court to determine whether the person is a sexually violent predator.
            (2)      If the State's Attorney makes a request under paragraph (1) of this subsection, the court shall determine, before or at sentencing, whether the person is a sexually violent predator.
      (b)      In making a determination under subsection (a) of this section, the court shall consider:
            (1)      evidence that the court considers appropriate to the determination of whether the person is a sexually violent predator, including the presentencing investigation and sexually violent offender's inmate record;
            (2)      evidence introduced by the person convicted; and
            (3)      at the request of the State's Attorney, evidence that a victim of the sexually violent offense presents.
      (c)      The State's Attorney may not ask a court to determine whether a person is a sexually violent predator under this section unless the State's Attorney serves written notice of intent to make the request on the defendant or the defendant's counsel at least 30 days before trial.
§ 11-704.
      (a)      A person shall register with the person's supervising authority if the person is:
            (1)      a child sexual offender;
            (2)      an offender;
            (3)      a sexually violent offender;
            (4)      a sexually violent predator;
            (5)      a child sexual offender who, before moving into this State, was required to register in another state or by a federal, military, or Native American tribal court for a crime that occurred before October 1, 1995;
            (6)      an offender, sexually violent offender, or sexually violent predator who, before moving into this State, was required to register in another state or by a federal, military, or Native American tribal court for a crime that occurred before July 1, 1997; or
            (7)      a child sexual offender, offender, sexually violent offender, or sexually violent predator who is required to register in another state, who is not a resident of this State, and who enters this State:
                  (i)      to carry on employment;
                  (ii)      to attend a public or private educational institution, including a secondary school, trade or professional institution, or institution of higher education, as a full-time or part-time student; or
                  (iii)      as a transient.
      (b)      Notwithstanding any other provision of law, a person is no longer subject to registration under this subtitle if:
            (1)      the underlying conviction requiring registration is reversed, vacated, or set aside; or
            (2)      the registrant is pardoned for the underlying conviction.
§ 11-705.
      (a)      In this section, "resident" means a person who lives in this State when the person:
            (1)      is released;
            (2)      is granted probation;
            (3)      is granted a suspended sentence; or
            (4)      receives a sentence that does not include a term of imprisonment.
      (b)      A registrant shall register with the supervising authority:
            (1)      if the registrant is a resident, on or before the date that the registrant:
                  (i)      is released;
                  (ii)      is granted probation before judgment;
                  (iii)      is granted probation after judgment;
                  (iv)      is granted a suspended sentence; or
                  (v)      receives a sentence that does not include a term of imprisonment;
            (2)      if the registrant moves into the State, within 7 days after the earlier of the date that the registrant:
                  (i)      establishes a temporary or permanent residence in the State; or
                  (ii)      applies for a driver's license in the State; or
            (3)      if the registrant is not a resident, within 14 days after the registrant:
                  (i)      begins employment in the State;
                  (ii)      registers as a student in the State; or
                  (iii)      enters the State as a transient.
      (c)      (1)      A child sexual offender shall also register in person with the local law enforcement unit of the county where the child sexual offender will reside:
                  (i)      within 7 days after release, if the child sexual offender is a resident; or
                  (ii)      within 7 days after registering with the supervising authority, if the registrant is moving into this State.
            (2)      Within 7 days after registering with the supervising authority, a child sexual offender who is not a resident and has entered the State under § 11-704(a)(7) of this subtitle shall also register in person with the local law enforcement unit of the county where the child sexual offender is a transient or will work or attend school.
            (3)      A child sexual offender may be required to give to the local law enforcement unit more information than required under § 11-706 of this subtitle.
      (d)      A registrant who changes residences shall send written notice of the change to the Department within 7 days after the change occurs.
      (e)      (1)      A registrant who commences or terminates enrollment as a full-time or part-time student at an institution of higher education in the State shall send written notice to the Department within 7 days after the commencement or termination of enrollment.
            (2)      A registrant who commences or terminates carrying on employment at an institution of higher education in the State shall send written notice to the Department within 7 days after the commencement or termination of employment.
      (f)      A registrant who is granted a legal change of name by a court shall send written notice of the change to the Department within 7 days after the change is granted.
§ 11-706.
      (a)      A registration statement shall include:
            (1)      the registrant's full name, including any suffix, and address;
            (2)      (i)      for a registrant under § 11-704(a)(7)(i) of this subtitle or who is on work release, the registrant's place of employment; or
                  (ii)      for a registrant under § 11-704(a)(7)(ii) of this subtitle, the registrant's place of educational institution or school enrollment;
            (3)      (i)      for a registrant enrolled, or expecting to enroll, in an institution of higher education in the State as a full-time or part-time student, the name and address of the institution of higher education; or
                  (ii)      for a registrant who carries on employment, or expects to carry on employment, at an institution of higher education in the State, the name and address of the institution of higher education;
            (4)      a description of the crime for which the registrant was convicted;
            (5)      the date that the registrant was convicted;
            (6)      the jurisdiction in which the registrant was convicted;
            (7)      a list of any aliases that the registrant has used;
            (8)      the registrant's Social Security number;
            (9)      any other name by which the registrant has been legally known; and
            (10)      the registrant's signature and date signed.
      (b)      If the registrant is a sexually violent predator, the registration statement shall also include:
            (1)      identifying factors, including a physical description;
            (2)      anticipated future residence, if known at the time of registration;
            (3)      offense history; and
            (4)      documentation of treatment received for a mental abnormality or personality disorder.
§ 11-707.
      (a)      (1)      (i)      A child sexual offender shall register annually in person, on or before January 1, with a local law enforcement unit for the term provided under paragraph (4) of this subsection.
                  (ii)      Each registration shall include a new photograph.
            (2)      An offender and a sexually violent offender shall register annually, on or before January 1, with the Department in accordance with § 11-711(a) of this subtitle and for the term provided under paragraph (4) of this subsection.
            (3)      (i)      A sexually violent predator shall register in person every 90 days, on or before January 1, April 1, July 1, and October 1, in accordance with § 11-711(b) of this subtitle and for the term provided under paragraph (4)(ii) of this subsection.
                  (ii)      Registration shall include a photograph that shall be updated at least once each year.
            (4)      The term of registration is:
                  (i)      10 years; or
                  (ii)      life, if:
                        1.      the registrant is a sexually violent predator;
                        2.      the registrant has been convicted of a sexually violent offense;
                        3.      the registrant has been convicted of a violation of § 3-602 of the Criminal Law Article for commission of a sexual act involving penetration of a child under the age of 12 years; or
                        4.      the registrant has been convicted of a prior crime as a child sexual offender, an offender, or a sexually violent offender.
            (5)      A registrant who is not a resident of the State shall register for the appropriate time specified in this subsection or until the registrant's employment, student enrollment, or transient status in the State ends.
      (b)      A term of registration described in this section shall be computed from:
            (1)      the last date of release;
            (2)      the date granted probation; or
            (3)      the date granted a suspended sentence.
§ 11-708.
      (a)      When a registrant registers, the supervising authority shall:
            (1)      give written notice to the registrant of the requirements of this subtitle;
            (2)      explain the requirements of this subtitle to the registrant, including:
                  (i)      the duties of a registrant when the registrant changes residence address in this State;
                  (ii)      the duties of a registrant under § 11-705(e) and (f) of this subtitle;
                  (iii)      the requirement for a child sexual offender to register in person with the local law enforcement unit of the county where the child sexual offender will reside or where the child sexual offender who is not a resident of this State is a transient or will work or attend school; and
                  (iv)      the requirement that if the registrant changes residence address, employment, or school enrollment to another state that has a registration requirement, the registrant shall register with the designated law enforcement unit of that state within 7 days after the change; and
            (3)      obtain a statement signed by the registrant acknowledging that the supervising authority explained the requirements of this subtitle and gave written notice of the requirements to the registrant.
      (b)      The supervising authority shall obtain a photograph and fingerprints of the registrant and attach the photograph and fingerprints to the registration statement.
      (c)      (1)      Within 5 days after obtaining a registration statement, the supervising authority shall send a copy of the registration statement with the attached fingerprints and photograph of the registrant to the local law enforcement unit in the county where the registrant will reside or where a registrant who is not a resident is a transient or will work or attend school.
            (2)      (i)      If the registrant is enrolled in or carries on employment at, or is expecting to enroll in or carry on employment at, an institution of higher education in the State, within 5 days after obtaining a registration statement, the supervising authority shall send a copy of the registration statement with the attached fingerprints and photograph of the registrant to the campus police agency of the institution of higher education.
                  (ii)      If an institution of higher education does not have a campus police agency, the copy of the registration statement with the attached fingerprints and photograph of the registrant shall be provided to the local law enforcement agency having primary jurisdiction for the campus.
      (d)      As soon as possible but not later than 5 working days after the registration is complete, a supervising authority that is not a unit of the Department shall send the registration statement to the Department.
§ 11-709.
      (a)      Each year within 5 days after a child sexual offender completes the registration requirements of § 11-707(a) of this subtitle, a local law enforcement unit shall send notice of the child sexual offender's annual registration, including the photograph, to the Department.
      (b)      (1)      As soon as possible but not later than 5 working days after receiving a registration statement of a child sexual offender, a local law enforcement unit shall send written notice of the registration statement to the county superintendent, as defined in § 1-101 of the Education Article, in the county where the child sexual offender is to reside or where a child sexual offender who is not a resident of the State is a transient or will work or attend school.
            (2)      As soon as possible but not later than 5 working days after receiving notice from the local law enforcement unit under paragraph (1) of this subsection, the county superintendent shall send written notice of the registration statement to principals of the schools under the superintendent's supervision that the superintendent considers necessary to protect the students of a school from a child sexual offender.
      (c)      A local law enforcement unit that receives a notice from a supervising authority under this section shall send a copy of the notice to the police department, if any, of a municipal corporation if the registrant:
            (1)      is to reside in the municipal corporation after release; or
            (2)      escapes from a facility but resided in the municipal corporation before being committed to the custody of a supervising authority.
§ 11-710.
      (a)      As soon as possible but not later than 5 working days after receipt of notice of a registrant's change of address, the Department shall give notice of the change:
            (1)      if the registration is premised on a conviction under federal, military, or Native American tribal law, to the designated federal unit; and
            (2)      (i)      to the local law enforcement unit in whose county the new residence is located; or
                  (ii)      if the new residence is in a different state that has a registration requirement, to the designated law enforcement unit in that state.
      (b)      (1)      (i)      As soon as possible but not later than 5 working days after receipt of notice under § 11-705(e) of this subtitle, the Department shall give notice to the campus police agency of the institution of higher education where the registrant is commencing or terminating enrollment or employment.
                  (ii)      If an institution of higher education does not have a campus police agency, the notice required under this section shall be provided to the local law enforcement agency having primary jurisdiction for the campus.
            (2)      Institutions of higher education currently required to disclose campus security policy and campus crime statistics data shall advise the campus community where law enforcement agency information provided by a state concerning registered sex offenders may be obtained.
            (3)      An institution of higher education is not prohibited from disclosing information provided to the institution under this subtitle concerning registered sex offenders.
      (c)      As soon as possible but not later than 5 working days after receipt of notice under § 11-705(f) of this subtitle, the Department shall give notice of the change of name:
            (1)      if the registration is due to a conviction under federal, military, or Native American tribal law, to the designated federal unit;
            (2)      to the local law enforcement unit in whose county the registrant resides or where a registrant who is not a resident of the State will work or attend school; and
            (3)      if the registrant is enrolled in or employed at an institution of higher education in the State, to:
                  (i)      the campus police agency of the institution of higher education; or
                  (ii)      if the institution does not have a campus police agency, the local law enforcement agency having primary jurisdiction for the campus.
§ 11-711.
      (a)      (1)      The Department shall mail annually a verification form to the last reported address of each offender and sexually violent offender.
            (2)      The verification form may not be forwarded.
            (3)      Within 10 days after receiving the verification form, the offender or sexually violent offender shall sign the verification form and mail it to the Department.
      (b)      (1)      A local law enforcement unit shall mail a verification form every 90 days to the last reported address of a sexually violent predator.
            (2)      The verification form may not be forwarded.
            (3)      Within 10 days after receiving the verification form, the sexually violent predator shall sign the form and mail it to the local law enforcement unit.
            (4)      Within 5 days after receiving a verification form from a sexually violent predator, a local law enforcement unit shall send a copy of the verification form to the Department.
§ 11-712.
      (a)      If a registrant escapes from a facility, the supervising authority of the facility by the most reasonable and expedient means available shall immediately notify:
            (1)      the local law enforcement unit in the jurisdiction where the registrant resided before the registrant was committed to the custody of the supervising authority; and
            (2)      each person who is entitled to receive notice under § 11-715(a) of this subtitle.
      (b)      If the registrant is recaptured, the supervising authority shall send notice, as soon as possible but not later than 2 working days after the supervising authority learns of the recapture, to:
            (1)      the local law enforcement unit in the jurisdiction where the registrant resided before the registrant was committed to the custody of the supervising authority; and
            (2)      each person who is entitled to receive notice under § 11-715(a) of this subtitle.
§ 11-713.
      The Department:
            (1)      as soon as possible but not later than 5 working days after receiving the conviction data and fingerprints of a registrant, shall transmit the data and fingerprints to the Federal Bureau of Investigation if the Bureau does not have that information;
            (2)      shall keep a central registry of registrants;
            (3)      shall reimburse supervising authorities for the cost of processing the registration statements of registrants, including the cost of taking fingerprints and photographs.
§ 11-714.
      A registration statement given to a person under this subtitle shall include a copy of the completed registration form and a copy of the registrant's photograph, but need not include the fingerprints of the registrant.
§ 11-715.
      (a)      (1)      On request for a copy of a registration statement about a specific person, the supervising authority shall send a copy to:
                  (i)      each witness who testified against the registrant in a court proceeding involving the crime; and
                  (ii)      each person specified in writing by the State's Attorney.
            (2)      Subject to paragraph (3) of this subsection, the supervising authority shall send a copy of a registration statement to each:
                  (i)      victim of the crime for which the registrant was convicted; or
                  (ii)      if the victim is a minor, the parents or legal guardian of the victim.
            (3)      A copy of the registration statement shall be sent if:
                  (i)      a request is made in writing about a specific registrant; or
                  (ii)      a notification request form has been filed under § 11-104 of this title.
      (b)      Information about a person who receives a copy of a registration statement under this section is confidential and may not be disclosed to the registrant or any other person.
      (c)      A supervising authority shall send a notice required under subsection (a)(2) of this section or § 11-712(a)(2) or (b)(2) of this subtitle to the last address given to the supervising authority.
§ 11-716.
      (a)      Subject to subsection (b) of this section, on written request to a local law enforcement unit, the unit shall send to the person who submitted the request one copy of the registration statement of each registrant on record with the unit.
      (b)      A request under subsection (a) of this section shall contain:
            (1)      the name and address of the person who submits the request; and
            (2)      the reason for the request.
      (c)      A local law enforcement unit shall keep records of all written requests received under subsection (a) of this section.
§ 11-717.
      (a)      The Department shall make available to the public registration statements or information about registration statements.
      (b)      The Department may post on the Internet a current listing of each registrant's name, crime, and other identifying information.
      (c)      The Department shall establish regulations to carry out this section.
§ 11-718.
      (a)      (1)      If the Department or a local law enforcement unit finds that, to protect the public from a specific registrant, it is necessary to give notice of a registration statement to a particular person, then the Department or a local law enforcement unit shall give notice of the registration statement to that person.
            (2)      This notice is in addition to the notice required under § 11-709(b)(1) of this subtitle.
      (b)      The Department and local law enforcement units shall establish procedures to carry out the notification requirements of this section, including the circumstances under and manner in which notification shall be provided.
      (c)      A local law enforcement unit and the Department may not release the identity of a victim of a crime that requires registration under this subtitle.
      (d)      A disclosure under this section does not limit or prohibit any other disclosure allowed or required under law.
§ 11-719.
      An elected public official, public employee, or public unit has the immunity described in §§ 5-302 and 5-522 of the Courts Article regarding civil liability for damages arising out of any action relating to the provisions of this subtitle, unless it is proven that the official, employee, or unit acted with gross negligence or in bad faith.
§ 11-720.
      With advice from the Criminal Justice Information Advisory Board established under § 10-207 of this article, the Secretary shall adopt regulations to carry out this subtitle.
§ 11-721.
      (a)      A registrant may not knowingly fail to register, knowingly fail to provide the written notice required under § 11-705(d), (e), or (f) of this subtitle, or knowingly provide false information of a material fact as required by this subtitle.
      (b)      A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

      (c)      A person who violates this section is subject to § 5-106(b) of the Courts Article.