reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 6 - Restitution and Other Payments › Part I - Restitution › Section 11-619 - Scope of Authority of Court

(a)    Subject to subsection (b) of this section, any order of restitution made by a court shall be governed by the provisions of this subtitle.
(b)    This subtitle may not be construed to limit the authority of a court to direct a defendant or a child found to have committed a delinquent act to make restitution or to perform certain services, as specified by the court, for the victim as an alternative means of restitution.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 6 - Restitution and Other Payments › Part II - Notoriety of Crimes Contracts › Section 11-621 - Definitions

(a)    In Part II of this subtitle the following words have the meanings indicated.
(b)    (1)    “Defendant” means a person charged with or convicted of a crime in the State that involves or causes personal injury, death, or property loss as a direct result of the crime.
(2)    “Defendant” includes a person found not criminally responsible for criminal conduct under § 3-109 of this article.
(c)    “Notoriety of crimes contract” means a contract or other agreement with a defendant, or a representative or assignee of a defendant, with respect to:
(1)    the reenactment of a crime in a movie, book, magazine article, tape recording, phonograph record, radio or television presentation, or live entertainment of any kind;
(2)    the expression of the defendant’s thoughts, feelings, opinions, or emotions regarding a crime involving or causing personal injury, death, or property loss as a direct result of the crime; or
(3)    the payment or exchange of money or other consideration or the proceeds or profits that directly or indirectly result from a crime, a sentence, or the notoriety of a crime or sentence.
(d)    “Victim” means a person who suffers personal injury, death, or property loss as a direct result of crime.
(e)    “Victim’s representative” includes the personal representative of the estate of a deceased victim and a beneficiary under a wrongful death action.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 6 - Restitution and Other Payments › Part II - Notoriety of Crimes Contracts › Section 11-622 - Submissions to Attorney General

A person who makes a notoriety of crimes contract with a defendant or a representative or assignee of that defendant shall:
(1)    submit to the Attorney General a copy of all written terms and a summary of all oral terms of the notoriety of crimes contract; and
(2)    pay over to the Attorney General any money or other consideration not subject to a judgment of restitution under § 11-603 of this subtitle that by the terms of the notoriety of crimes contract otherwise would be owed to the defendant or a representative or assignee of the defendant.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 6 - Restitution and Other Payments › Part II - Notoriety of Crimes Contracts › Section 11-623 - Decision by Attorney General

(a)    On receipt of a submission under § 11-622 of Part II of this subtitle, the Attorney General shall mail notice of the receipt to each victim or victim’s representative at the last known address of the victim or victim’s representative.
(b)    The Attorney General shall decide whether a contract is a notoriety of crimes contract:
(1)    after 30 days but before 180 days following receipt of the submission under § 11-622 of Part II of this subtitle; or
(2)    after 180 days, for cause.
(c)    (1)    For a decision under this section, there is a rebuttable presumption that the contract is a notoriety of crimes contract.
(2)    The defendant or defendant’s assignee may rebut this presumption by establishing to the satisfaction of the Attorney General that the subject matter of the contract only tangentially or incidentally relates to the crime.
(d)    The Attorney General:
(1)    shall notify the defendant or defendant’s assignee and the victim or victim’s representative of the decision under this section; and
(2)    may not disburse money collected under § 11-622 of Part II of this subtitle until 60 days after the defendant or defendant’s assignee and the victim or victim’s representative have been notified of the decision.
(e)    (1)    The decision of the Attorney General under this section is a final decision and may be appealed by a defendant or defendant’s assignee or a victim or victim’s representative only in accordance with § 11-630 of Part II of this subtitle and within 60 days after receiving notice of the decision.
(2)    If the decision is appealed, the Attorney General shall keep any money collected in escrow until the Attorney General receives a final order of the court.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 6 - Restitution and Other Payments › Part II - Notoriety of Crimes Contracts › Section 11-625 - Payments From Escrow Account

(a)    The Attorney General shall pay the defendant from the escrow account the money that a court of competent jurisdiction in an order finds will be used to hire legal counsel at any stage of the criminal case, including an appeal.
(b)    After notice to each victim or victim’s representative, the Attorney General shall pay money from the escrow account to a representative of a defendant for the necessary expenses of production of the money paid into the escrow account if the Attorney General finds that the payments are necessary and are not contrary to public policy.
(c)    The Attorney General may pay from the escrow account the costs of legal notices required under § 11-624 of Part II of this subtitle.
(d)    The total of all payments made from the escrow account under this section may not exceed 25% of the total payments that are:
(1)    made into the escrow account; and
(2)    available to satisfy judgments obtained by the victim or victim’s representative.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 6 - Restitution and Other Payments › Part II - Notoriety of Crimes Contracts › Section 11-626 - Limitations on Bringing Civil Action

Notwithstanding any other law, including the statute of limitations for a wrongful death action, a victim or victim’s representative who seeks to bring a civil action under Part II of this subtitle shall bring the action against a defendant within 5 years after the Attorney General establishes an escrow account.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 6 - Restitution and Other Payments › Part II - Notoriety of Crimes Contracts › Section 11-627 - Actions Void as Against Public Policy

Any action that a defendant takes to defeat the purpose of Part II of this subtitle, including an execution of a power of attorney, creation of a corporate entity, or designation of the defendant’s interest, is void as against public policy.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 6 - Restitution and Other Payments › Part II - Notoriety of Crimes Contracts › Section 11-628 - Priorities for Claims

(a)    Notwithstanding any other law, a claim on money in the escrow account has the following priorities in this order:
(1)    payments ordered by the Attorney General or a court under § 11-625 of Part II of this subtitle;
(2)    subrogation claims of the State under § 11-817 of this title;
(3)    a court order of restitution under § 11-603 of this subtitle;
(4)    a civil judgment of a victim or victim’s representative; and
(5)    a civil judgment of a person, other than a victim or victim’s representative, arising out of the crime.
(b)    The Attorney General may bring an action of interpleader or an action for declaratory judgment when the Attorney General is unable to determine the priority of claims and the proper disposition of the escrow account.
(c)    After payment of the claims described in subsection (a) of this section, the Attorney General shall deposit the money remaining in the escrow account in the State Victims of Crime Fund that is established under § 11-916 of this title.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 6 - Restitution and Other Payments › Part II - Notoriety of Crimes Contracts › Section 11-629 - Powers of Attorney General

(a)    Notwithstanding any other law, the Attorney General has exclusive jurisdiction and control as escrow agent over money or other consideration subject to Part II of this subtitle.
(b)    Money in an escrow account may be distributed only by a determination and order of the Attorney General under Part II of this subtitle.
(c)    The Attorney General may adopt regulations to carry out Part II of this subtitle.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 6 - Restitution and Other Payments › Part II - Notoriety of Crimes Contracts › Section 11-631 - Civil Penalties

(a)    A person may not willfully fail:
(1)    to submit to the Attorney General a copy of all written terms and a summary of all oral terms of a notoriety of crimes contract described in § 11-622 of Part II of this subtitle; or
(2)    to pay over to the Attorney General any money or other consideration as this subtitle requires.
(b)    (1)    A person who violates this section is subject to a civil penalty of not less than $10,000 for each offense and not exceeding 3 times the notoriety of crimes contract amount.
(2)    If two or more persons are subject to the penalties provided in this section, those persons shall be jointly and severally liable for the payment of the penalty imposed.
(3)    After notice and opportunity to be heard is provided, the Attorney General by order may assess the penalties described in this subsection.
(4)    A penalty assessed under this subsection that is not paid within 30 days after the date of the order shall bear interest at the rate of 1% per month, compounded monthly.
(5)    (i)    An action to recover a civil penalty assessed under this subsection may be brought by the Attorney General in a court of competent jurisdiction within 6 years after the cause of action accrues.
(ii)    Any money recovered under subparagraph (i) of this paragraph shall be paid into the State Victims of Crime Fund that is established under § 11-916 of this title.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 6 - Restitution and Other Payments › Part II - Notoriety of Crimes Contracts › Section 11-632 - Restraining Orders and Injunctions

(a)    The Attorney General may bring a proceeding in a court of competent jurisdiction against a person who violates or threatens to violate Part II of this subtitle to restrain the person from continuing the violation or carrying out the threat.
(b)    In a proceeding under this section, a court has jurisdiction to grant to the Attorney General, without bond or other undertaking, a prohibitory or mandatory injunction as the facts may warrant, including temporary restraining orders and preliminary injunctions to prevent payments under a notoriety of crimes contract that violates Part II of this subtitle.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 6 - Restitution and Other Payments › Part II - Notoriety of Crimes Contracts › Section 11-633 - Prohibited Acts

A person may not:
(1)    conceal the existence of a notoriety of crimes contract; or
(2)    except as otherwise provided in Part II of this subtitle, make or receive payments under a notoriety of crimes contract.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 7 - Sex Offender Registration › Section 11-702 - Elements of Conviction

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.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 7 - Sex Offender Registration › Section 11-702.1 - Retroactive Application of Subtitle

(a)    Notwithstanding any other provision of law to the contrary, this subtitle shall be applied retroactively to include a person who:
(1)    is under the custody or supervision of a supervising authority on October 1, 2010;
(2)    was subject to registration under this subtitle on September 30, 2010;
(3)    is convicted of any felony on or after October 1, 2010, and has a prior conviction for an offense for which registration as a sex offender is required under this subtitle; or
(4)    was convicted on or after October 1, 2010, of a violation of § 3–324 of the Criminal Law Article, regardless of whether the victim was a minor.
(b)    The term of registration for a sex offender registered under subsection (a) of this section shall be calculated from the date of release.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 7 - Sex Offender Registration › Section 11-703 - Determination of Predator Status

(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.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 7 - Sex Offender Registration › Section 11-704.1 - Registry of Juvenile Sex Offenders

(a)    In this section, “juvenile registrant” means a person who is required to be included in the registry of juvenile sex offenders under subsection (b) of this section.
(b)    A person shall be included in a registry of juvenile sex offenders that is maintained by the Department separately from the sex offender registry if:
(1)    the person has been adjudicated delinquent for an act that, if committed by an adult:
(i)    would constitute a violation of § 3–303, § 3–304, or § 3–307(a)(1) or (2) of the Criminal Law Article; or
(ii)    would constitute a violation of § 3–305 or § 3–306(a)(1) or (2) of the Criminal Law Article as the sections existed before October 1, 2017; and
(2)    the person was a minor who was at least 14 years old at the time the delinquent act was committed.
(c)    The registry of juvenile sex offenders shall be accessible only by law enforcement personnel for law enforcement purposes.
(d)    When the juvenile court’s jurisdiction over a juvenile registrant terminates under § 3–8A–07 of the Courts Article, the juvenile registrant shall be removed from the registry.
(e)    A juvenile registrant shall appear in person at a location designated by the Department of Juvenile Services every 3 months to:
(1)    update and verify with the Department of Juvenile Services the information included in the registry of juvenile sex offenders under this section; and
(2)    allow the Department of Juvenile Services to take a digital image of the juvenile registrant.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 7 - Sex Offender Registration › Section 11-704.2 - Waiver of Registration for Sex Offender Under Witness Protection

(a)    On written request by a federal agency operating a federal witness security program established under 18 U.S.C. 3521, the registration requirement for a sex offender under the protection of a federal witness security program is waived and the person under protection is exempt from registration.
(b)    On written request by a nonfederal agency that operates a witness protection program comparable to a federal program established under 18 U.S.C. 3521, the registration requirement for a sex offender under the protection of a witness protection program is waived and the person under protection is exempt from registration.
(c)    A waiver granted under this section is terminated, and registration is required, if a sex offender exempted from registration under this section subsequently is convicted of an offense that requires registration under this subtitle.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 7 - Sex Offender Registration › Section 11-706 - Registration Statements

(a)    For all sex offenders in the State, a registration statement shall include:
(1)    the registrant’s full name, including any suffix, and all addresses and places where the registrant resides or habitually lives;
(2)    the name and address of each of the registrant’s employers and a description of each location where the registrant performs employment duties, if that location differs from the address of the employer;
(3)    the name of the registrant’s educational institution or place of school enrollment and the registrant’s educational institution or school address;
(4)    a description of the crime for which the registrant was convicted;
(5)    the date that the registrant was convicted;
(6)    the jurisdiction and the name of the court in which the registrant was convicted;
(7)    a list of any aliases, former names, names by which the registrant legally has been known, traditional names given by family or clan under ethnic or tribal tradition, electronic mail addresses, computer log–in or screen names or identities, instant–messaging identities, and electronic chat room identities that the registrant has used;
(8)    the registrant’s Social Security number and any purported Social Security numbers, the registrant’s date of birth, purported dates of birth, and place of birth;
(9)    all identifying factors, including a physical description;
(10)    a copy of the registrant’s passport or immigration papers;
(11)    information regarding any professional licenses the registrant holds;
(12)    the license plate number, registration number, and description of any vehicle, including all motor vehicles, boats, and aircraft, owned or regularly operated by the registrant;
(13)    the permanent or frequent addresses or locations where all vehicles are kept;
(14)    all landline and cellular telephone numbers and any other designations used by the sex offender for the purposes of routing or self–identification in telephonic communications;
(15)    a copy of the registrant’s valid driver’s license or identification card;
(16)    the registrant’s fingerprints and palm prints;
(17)    the criminal history of the sex offender, including the dates of all arrests and convictions, the status of parole, probation, or supervised release, and the existence of any outstanding arrest warrants; and
(18)    the registrant’s signature and date signed.
(b)    If the registrant is determined to be a sexually violent predator, the registration statement shall also include:
(1)    anticipated future residence, if known at the time of registration; and
(2)    documentation of treatment received for a mental abnormality or personality disorder.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 7 - Sex Offender Registration › Section 11-707 - Term of Registration

(a)    (1)    (i)    A tier I sex offender and a tier II sex offender shall register in person every 6 months with a local law enforcement unit for the term provided under paragraph (4) of this subsection.
(ii)    Registration shall include a digital image that shall be updated every 6 months.
(2)    (i)    A tier III sex offender shall register in person every 3 months with a local law enforcement unit for the term provided under paragraph (4) of this subsection.
(ii)    Registration shall include a digital image that shall be updated every 6 months.
(3)    (i)    A sexually violent predator shall register in person every 3 months with a local law enforcement unit for the term provided under paragraph (4) of this subsection.
(ii)    Registration shall include a digital image that shall be updated every 6 months.
(4)    Subject to subsection (c) of this section, the term of registration is:
(i)    15 years, if the registrant is a tier I sex offender;
(ii)    25 years, if the registrant is a tier II sex offender;
(iii)    the life of the registrant, if the registrant is a tier III sex offender; or
(iv)    up to 5 years, if the registrant is a person described under § 11–704(c)(1) of this subtitle, subject to reduction by the juvenile court on the filing of a petition by the registrant for a reduction in the term of registration.
(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;
(3)    the date granted a suspended sentence; or
(4)    the date the juvenile court’s jurisdiction over the registrant terminates under § 3–8A–07 of the Courts Article if the registrant was a minor who lived in the State at the time the act was committed for which registration is required.
(c)    The term of registration for a tier I sex offender shall be reduced to 10 years if, in the 10 years following the date on which the registrant was required to register, the registrant:
(1)    is not convicted of any offense for which a term of imprisonment of more than 1 year may be imposed;
(2)    is not convicted of any sex offense;
(3)    successfully completes, without revocation, any period of supervised release, parole, or probation; and
(4)    successfully completes an appropriate sex offender treatment program.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 7 - Sex Offender Registration › Section 11-710 - Notice of Registrant's Change of Address

(a)    As soon as possible but not later than 3 working days after receipt of notice of a registrant’s change of address, a county in which a registrant habitually lives, vehicle or license plate information, electronic mail or Internet identifiers, or landline or cellular phone numbers, 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;
(2)    to any other jurisdiction or foreign country where the sex offender is required to register; and
(3)    (i)    to each local law enforcement unit in whose county the new residence is located or where the registrant intends to habitually live; or
(ii)    if the new residence or location where the registrant will habitually live is in a different state that has a registration requirement, to the designated law enforcement unit or sex offender registration unit in that state.
(b)    (1)    (i)    As soon as possible but not later than 3 working days after receipt of notice under § 11–705(f) 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 unit having primary law enforcement authority 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 3 working days after receipt of notice under § 11–705(g) 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 each local law enforcement unit in whose county the registrant resides or habitually lives 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 unit having primary jurisdiction for the campus.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 7 - Sex Offender Registration › Section 11-712 - Notice of Escape and Recapture

(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)    each local law enforcement unit where the registrant resided or habitually lived 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)    each local law enforcement unit where the registrant resided or habitually lived 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.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 7 - Sex Offender Registration › Section 11-713 - Duties of Department

The Department:
(1)    as soon as possible but not later than 3 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 and a listing of juvenile sex offenders;
(3)    shall weekly transmit the central registry of registrants to the State Department of Education in a format that can be used by the State Superintendent to cross–reference with the database of licensed child care centers, registered family child care homes, and approved Child Care Subsidy Program informal providers;
(4)    shall reimburse local law enforcement units for the cost of processing the registration statements of registrants, including the cost of taking fingerprints, palm prints, and digital images;
(5)    shall reimburse local law enforcement units for the reasonable costs of implementing community notification procedures;
(6)    shall be responsible for receiving and distributing all intrastate, federal, and foreign government communications relating to the registration of sex offenders; and
(7)    shall notify all jurisdictions where the registrant will reside, carry on employment, or attend school within 3 days of changes in the registrant’s registration.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 7 - Sex Offender Registration › Section 11-715 - Providing Registration Statements -- Supervising Authority

(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.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 7 - Sex Offender Registration › Section 11-716 - Providing Registration Statements -- Local Law Enforcement Unit

(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.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 7 - Sex Offender Registration › Section 11-717 - Registration Statements to Be Made Available to Public; Posting on Internet

(a)    (1)    The Department shall make available to the public registration statements or information about registration statements.
(2)    Information about registration statements shall include, in plain language that can be understood without special knowledge of the criminal laws of the State, a factual description of the crime of the offender that is the basis for the registration, excluding details that would identify the victim.
(3)    Registration information provided to the public may not include a sex offender’s Social Security number, driver’s license number, medical or therapeutic treatment, travel and immigration document numbers, and arrests not resulting in conviction.
(b)    The Department shall post on the Internet:
(1)    a current listing of each registrant’s name and other identifying information; and
(2)    in plain language that can be understood without special knowledge of the criminal laws of the State, a factual description of the crime of the offender that is the basis for the registration, excluding details that would identify the victim.
(c)    The Department, through an Internet posting of current registrants, shall:
(1)    allow the public to electronically transmit information the public may have about a registrant to the Department, a parole agent of a registrant, and each local law enforcement unit where a registrant resides or habitually lives or where a registrant who is not a resident of the State will work or attend school; and
(2)    provide information regarding the out–of–state registration status for each registrant who is also registered in another state as available through a national sex offender public registry website.
(d)    The Department shall allow members of the public who live in a county in which a registrant is to reside or habitually live or where the registrant, if not a resident of the State, will work or attend school, by request, to receive electronic mail notification of the release from incarceration of the registered offender and the registration information of the offender.
(e)    The Department shall establish regulations to carry out this section.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 7 - Sex Offender Registration › Section 11-718 - Notice to Protect Public

(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, a change of address of the registrant, or a change in a county in which the registrant habitually lives to a particular person not otherwise identified under § 11–709 of this subtitle, 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)    (1)    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.
(2)    Appropriate notification procedures include those identified in § 11-709 of this subtitle.
(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.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 7 - Sex Offender Registration › Section 11-719 - Immunity for Public Officials, Employees, and Units

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.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 7 - Sex Offender Registration › Section 11-721 - Prohibited Act; Penalty

(a)    A registrant may not knowingly fail to register, knowingly fail to provide the notice required under § 11–705 of this subtitle, knowingly fail to provide any information required to be included in a registration statement described in § 11–706 of this subtitle, or knowingly provide false information of a material fact as required by this subtitle.
(b)    A person who violates this section:
(1)    for a first offense, 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; and
(2)    for a second or subsequent offense, is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.
(c)    A person who violates this section is subject to § 5–106(b) of the Courts Article.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 7 - Sex Offender Registration › Section 11-724 - Lifetime Sexual Offender Supervision -- Violations

(a)    A person subject to lifetime sexual offender supervision may not knowingly or willfully violate the conditions of the lifetime sexual offender supervision imposed under § 11–723 of this subtitle.
(b)    A person who violates any conditions imposed under § 11–723 of this subtitle:
(1)    for a first offense, is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both; and
(2)    for a second or subsequent offense, is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
(c)    Imprisonment for a lifetime sexual offender supervision violation is not subject to diminution credits.
(d)    (1)    A violation of subsection (a) of this section does not discharge a person from lifetime sexual offender supervision.
(2)    On release from a sentence imposed under subsection (b) of this section, a person remains on lifetime sexual offender supervision, subject to the original terms of supervision, until discharged under subsection (f) of this section.
(e)    During the period of lifetime sexual offender supervision, the court may:
(1)    remand the person to a correctional facility or release the person with or without bail pending the hearing or determination of a charge of violation of a condition of lifetime sexual offender supervision; and
(2)    if the court finds that the person committed a violation of a condition of supervision, impose a sentence as prescribed in subsection (b) of this section.
(f)    (1)    The sentencing court shall hear and adjudicate a petition for discharge from lifetime sexual offender supervision.
(2)    A person may file a petition for discharge after serving at least 5 years of extended sexual offender supervision.
(3)    If a petition for discharge is denied, a person may not renew the petition for a minimum of 1 year.
(4)    A petition for discharge shall include:
(i)    a risk assessment of the person conducted by a sexual offender treatment provider within 3 months before the date of the filing of the petition; and
(ii)    a recommendation regarding the discharge of the person from the sexual offender management team.
(5)    (i)    The sentencing court may not deny a petition for discharge without a hearing.
(ii)    The court may not discharge a person from lifetime sexual offender supervision unless the court makes a finding on the record that the petitioner is no longer a danger to others.
(6)    (i)    The judge who originally imposed the lifetime sexual offender supervision shall hear a petition for discharge.
(ii)    If the judge has been removed from office, has died or resigned, or is otherwise incapacitated, another judge may act in the matter.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 7 - Sex Offender Registration › Section 11-725 - Sexual Offender Management Teams

(a)    Under the supervision of the Division of Parole and Probation, a sexual offender management team shall conduct lifetime sexual offender supervision and the supervision of probation, parole, or mandatory release of a person subject to lifetime sexual offender supervision.
(b)    A sexual offender management team:
(1)    consists of:
(i)    a specially trained parole and probation agent; and
(ii)    a representative of a sexual offender treatment program or provider; and
(2)    may include:
(i)    victim advocates or victim service providers with recognized expertise in sexual abuse and victimization;
(ii)    faith counselors;
(iii)    employment counselors;
(iv)    community leaders;
(v)    a polygraph examiner with recognized expertise in sexual offender–specific polygraph examination;
(vi)    a law enforcement officer;
(vii)    an assistant State’s Attorney;
(viii)    an assistant public defender; and
(ix)    a foreign or sign language interpreter.
(c)    (1)    A sexual offender management team shall submit a progress report on each person under supervision to the sentencing court, or juvenile court in the case of a person who is required to register under § 11–704(c) of this subtitle, once every 6 months.
(2)    Unless disclosure of a report would be in violation of laws regarding confidentiality of treatment records, a sexual offender management team shall provide copies of each progress report to local law enforcement units of the county in which the person resides.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 7 - Sex Offender Registration › Section 11-727 - Evaluations Before Sentencing for Violations of 3-602 of the Criminal Law Article

(a)    Unless waived by the State’s Attorney and defense counsel, before sentencing a defendant who  is required to register under § 11–704 of this subtitle for a violation of § 3–602 of the Criminal Law Article, the court shall order the defendant to submit to:
(1)    a presentence investigation conducted by the Division of Parole and Probation; and
(2)    a mental health assessment, including whether the defendant is a danger to self or others, conducted by a qualified mental health professional employed or engaged by the Maryland Department of Health.
(b)    The court shall consider the presentence investigation and mental health evaluation when sentencing the defendant.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 8 - Criminal Injuries Compensation Board › Section 11-801 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Board” means the Criminal Injuries Compensation Board.
(c)    “Claimant” means the person filing a claim under this subtitle.
(d)    (1)    “Crime” means:
(i)    except as provided in paragraph (2) of this subsection, a criminal offense under state, federal, or common law that is committed in:
1.    this State; or
2.    another state against a resident of this State; or
(ii)    an act of international terrorism as defined in Title 18, § 2331 of the United States Code that is committed outside of the United States against a resident of this State.
(2)    “Crime” does not include an act involving the operation of a vessel or motor vehicle unless the act is:
(i)    a violation of § 20–102, § 20–104, § 21–902, or § 21–904 of the Transportation Article;
(ii)    a violation of § 8–738 of the Natural Resources Article;
(iii)    a violation of the Criminal Law Article;
(iv)    operating a motor vehicle or vessel that results in an intentional injury; or
(v)    a violation of federal law or the law of another state that is substantially equivalent to a violation under this paragraph, as required under 34 U.S.C. § 20102(b)(5) and (6).
(e)    “Dependent” means:
(1)    a surviving spouse or child of a person; or
(2)    a person who is dependent on another person for principal support.
(f)    “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services.
(g)    “Victim” means a person:
(1)    who suffers physical injury or death as a result of a crime or delinquent act;
(2)    who suffers psychological injury as a direct result of:
(i)    a fourth degree sexual offense or a delinquent act that would be a fourth degree sexual offense if committed by an adult;
(ii)    a felony or a delinquent act that would be a felony if committed by an adult; or
(iii)    physical injury or death directly resulting from a crime or delinquent act; or
(3)    who suffers physical injury or death as a direct result of:
(i)    trying to prevent a crime or delinquent act or an attempted crime or delinquent act from occurring in the person’s presence;
(ii)    trying to apprehend an offender who had committed a crime or delinquent act in the person’s presence or had committed a felony or a delinquent act that would be a felony if committed by an adult; or
(iii)    helping a law enforcement officer in the performance of the officer’s duties or helping a member of a fire department who is being obstructed from performing the member’s duties.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 8 - Criminal Injuries Compensation Board › Section 11-802 - Legislative Policy

(a)    The General Assembly finds:
(1)    that many innocent persons suffer personal physical or psychological injury or die because of crimes or delinquent acts or in their efforts to prevent them or apprehend persons committing or attempting to commit them;
(2)    that these persons or their dependents may as a result suffer disability, incur financial hardships, or become reliant on public assistance; and
(3)    that there is a need for government financial assistance for these victims.
(b)    The policy of the State is that help, care, and support be provided by the State, as a matter of moral responsibility, for these victims.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 8 - Criminal Injuries Compensation Board › Section 11-804 - Criminal Injuries Compensation Board

(a)    There is a Criminal Injuries Compensation Board in the Governor’s Office of Crime Prevention, Youth, and Victim Services.
(b)    (1)    The Board consists of five members.
(2)    Of the five members of the Board:
(i)    one shall be a family member of a homicide victim;
(ii)    no more than four may belong to the same political party; and
(iii)    one shall have been admitted to practice law in the State for at least 5 years immediately preceding the appointment.
(3)    The Executive Director shall appoint the members of the Board, with the approval of the Governor and the advice and consent of the Senate.
(c)    (1)    The term of a member is 5 years.
(2)    A member who is appointed to fill a vacancy occurring other than by expiration of a term serves for the rest of the unexpired term.
(d)    (1)    With the approval of the Governor, the Executive Director shall designate one member of the Board as chairman.
(2)    The chairman serves at the pleasure of the Executive Director.
(e)    (1)    Each member of the Board shall devote the time necessary to perform the duties listed under this subtitle.
(2)    Each member of the Board is entitled to:
(i)    compensation in accordance with the State budget; and
(ii)    reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 8 - Criminal Injuries Compensation Board › Section 11-805 - Powers and Duties of Board

(a)    Subject to the authority of the Executive Director, the Board has the following powers and duties:
(1)    to establish and maintain an office and to appoint and prescribe the duties of a claims examiner, a secretary, clerks, and any other employees and agents as may be necessary;
(2)    to adopt regulations to carry out the provisions and purposes of this subtitle, including procedures for the review and evaluation of claims and regulations for the approval of attorneys’ fees for representation before the Board or before the court on judicial review;
(3)    to request from the State’s Attorney, the Department of State Police, or county or municipal police departments any investigation and information that will help the Board to determine:
(i)    whether a crime or a delinquent act was committed or attempted; and
(ii)    whether and to what extent the victim or claimant was responsible for the victim’s or claimant’s own injury;
(4)    to hear and determine each claim for an award filed with the Board under this subtitle and to reinvestigate or reopen a case as the Board determines to be necessary;
(5)    to direct medical examination of victims;
(6)    to hold hearings, administer oaths, examine any person under oath, and issue subpoenas requiring the attendance and testimony of witnesses or requiring the production of documents or other evidence;
(7)    to take or cause to be taken affidavits or depositions within or outside the State; and
(8)    to submit each year to the Governor, to the Executive Director, and, subject to § 2–1257 of the State Government Article, to the General Assembly a written report of the activities of the Board.
(b)    Except as otherwise provided by law, an employee of the Board is subject to the State Personnel and Pensions Article.
(c)    (1)    The Board may delegate to a member or employee of the Board its powers under this section to hold hearings, administer oaths, examine a person under oath, and issue subpoenas.
(2)    A subpoena issued under this section is subject to the Maryland Rules.