# Criminal Procedure (GCP)

## Title 11. Victims and Witnesses

### Subtitle 5. Postsentencing Procedures

#### Section 11-501

(a) In this subtitle the following words have the meanings indicated.

(b) "Victim" means a person who suffers direct or threatened physical, emotional, or financial harm as a direct result of a crime or delinquent act.

(c) "Victim's representative" includes:

  (1) a family member of a victim who is a minor, an incompetent, or a victim of homicide; or

  (2) a guardian of a minor or an incompetent.

#### Section 11-503

(a) In this section, "subsequent proceeding" includes:

  (1) a sentence review under Sec. 8-102 of this article;

  (2) a hearing on a request to have a sentence modified or vacated under the Maryland Rules;

  (3) in a juvenile delinquency proceeding, a review of a commitment order or other disposition under the Maryland Rules;

  (4) an appeal to the Appellate Court of Maryland;

  (5) an appeal to the Supreme Court of Maryland;

  (6) a hearing on an adjustment of special conditions of lifetime sexual offender supervision under Sec. 11-723 of this title or a hearing on a violation of special conditions of lifetime sexual offender supervision or a petition for discharge from special conditions of lifetime sexual offender supervision under Sec. 11-724 of this title; and

  (7) any other postsentencing court proceeding.

(b) Following conviction or adjudication and sentencing or disposition of a defendant or child respondent, the State's Attorney shall notify the victim or victim's representative of a subsequent proceeding in accordance with Sec. 11-104(f) of this title if:

  (1) before the State's Attorney distributes notification request forms under Sec. 11-104(d) of this title, the victim or victim's representative submitted to the State's Attorney a written request to be notified of subsequent proceedings; or

  (2) after the State's Attorney distributes notification request forms under Sec. 11-104(d) of this title, the victim or victim's representative submits a notification request form in accordance with Sec. 11-104(e) of this title.

(c)

  (1) The State's Attorney's office shall:

    (i) notify the victim or victim's representative of all appeals to the Appellate Court of Maryland and the Supreme Court of Maryland; and

    (ii) send an information copy of the notification to the Office of the Attorney General.

  (2) After the initial notification to the victim or victim's representative or receipt of a notification request form, as defined in Sec. 11-104 of this title, the Office of the Attorney General shall:

    (i) notify the victim or victim's representative of each subsequent date pertinent to the appeal, including dates of hearings, postponements, and decisions of the appellate courts; and

    (ii) send an information copy of the notification to the State's Attorney's office.

(d) A notice sent under this section shall include the date, the time, the location, and a brief description of the subsequent proceeding.

#### Section 11-504

(a) Before the Board of Review for Patuxent Institution grants work release or leave of absence to an eligible person, the Board shall give the victim or victim's representative notice and opportunity for comment as provided under Sec. 4-303(b) of the Correctional Services Article.

(b)

  (1) Before the Board of Review for Patuxent Institution decides whether to grant parole to an eligible person, the Board shall give the victim or victim's representative notice and the opportunity for comment as provided under Sec. 4-305(d) of the Correctional Services Article.

  (2) If the Board of Review for Patuxent Institution petitions a court to suspend or vacate the sentence of a person who has successfully completed 3 years on parole without violation and who the Board concludes is safe to be permanently released, the Board shall notify the victim or victim's representative as provided under Sec. 4-305(f) of the Correctional Services Article.

#### Section 11-505

(a) This section applies to a victim or victim's representative who:

  (1) has made a written request to the Department for notification under Sec. 7-801(b)(1)(ii) of the Correctional Services Article; or

  (2) has filed a notification request form under Sec. 11-104 of this title.

(b)

  (1) If a parole release hearing is scheduled for an incarcerated individual who has been convicted of and sentenced for a crime, the victim or victim's representative has the rights provided under Sec. 7-801 of the Correctional Services Article.

  (2) At a parole release hearing, a victim or victim's representative has the rights provided under Sec. 7-304 of the Correctional Services Article.

(c)

  (1) Whenever a person who was convicted of a crime is found in violation of a condition of parole, the Department shall notify the victim or victim's representative as provided under Sec. 7-804 of the Correctional Services Article.

  (2) Whenever a warrant or subpoena is issued for a person who was convicted of a crime for an alleged violation of a condition of parole, the Department shall notify the victim or victim's representative as provided under Sec. 7-804 of the Correctional Services Article.

(d) Whenever a person who is sentenced is considered for a commutation, pardon, or remission of sentence:

  (1) the Department shall notify the victim or victim's representative as provided under Sec. 7-805(a) and (e) of the Correctional Services Article; and

  (2) a victim or victim's representative has the additional rights regarding submission and consideration of a victim impact statement provided under Sec. 7-805(b) and (c) of the Correctional Services Article.

(e)

  (1) Whenever a person convicted of a crime is found in violation of a condition of mandatory supervision, the Department shall notify the victim or victim's representative as provided under Sec. 7-505(b) of the Correctional Services Article.

  (2) Whenever a warrant or subpoena is issued for a person convicted of a crime for an alleged violation of a condition of mandatory supervision, the Department shall notify the victim or victim's representative as provided under Sec. 7-804 of the Correctional Services Article.

(f) Before entering into a predetermined parole release agreement with an incarcerated individual, the Maryland Parole Commission shall notify the victim or victim's representative as provided under Sec. 7-803 of the Correctional Services Article.

#### Section 11-506

Whenever a person has been committed to the Maryland Department of Health under Sec. 3-112 of this article for a crime of violence and a victim of the crime or a victim's representative has submitted a written request to the Maryland Department of Health for notification or submitted a notification request form under Sec. 11-104 of this title, the victim or victim's representative has the rights provided under Sec. 3-123 of this article.

#### Section 11-507

The Department or the Department of Juvenile Services shall notify the victim or victim's representative of an alleged violation of a condition of probation whenever:

(1) a warrant, subpoena, or writ of attachment is issued for the alleged violation for a person who was convicted of a violent crime or who was adjudged to have committed a delinquent act that would be a violent crime if committed by an adult; and

(2) a victim of the crime or delinquent act or a victim's representative has submitted a written request to the Department for notification or has submitted a notification request form under Sec. 11-104 of this title.

#### Section 11-508

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Commitment unit" means a unit that a court orders to retain custody of a defendant or a child respondent and that receives a notification request form under Sec. 11-104(g)(1) or (h) of this title.

  (3) "Release from confinement" means work release, home detention, or other administrative or statutorily authorized release of a defendant or child respondent from a confinement facility.

  (4) "Witness" means a person who:

    (i) knows of facts relating to a crime of violence or conspiracy or solicitation to commit a crime of violence; and

    (ii)

      (1) makes a declaration under oath that is received as evidence for any purpose; or

      (2) has been served with a subpoena issued under the authority of a court of this or any other state or of the United States.

(b) This section applies to a victim or victim's representative who has submitted a notification request form under Sec. 11-104 of this title.

(c) This section applies if a witness requests in writing that a commitment unit notify the witness in writing of the release from confinement of a defendant or child respondent.

(d) On receipt of a notification request form under Sec. 11-104(g)(1) or (h) of this title or a written request from a witness for notification, a commitment unit, if practicable, shall notify the victim, victim's representative, or witness of:

  (1) receipt of the notification request form;

  (2) the date when the defendant or child respondent was placed in the custody of the commitment unit;

  (3) how to change the address to receive notice for the victim, victim's representative, witness, or the person to receive notice for the victim; and

  (4) how to elect not to receive future notices.

(e)

  (1) The commitment unit shall notify a victim, victim's representative, or witness, in advance if practicable, if any of the following events occur concerning the defendant or child respondent:

    (i) an escape;

    (ii) a recapture;

    (iii) a transfer to another commitment unit;

    (iv) a release from confinement and any conditions attached to the release; and

    (v) the death of the defendant or child respondent.

  (2) When a sentenced defendant or child respondent is being released from confinement, the commitment unit shall include in the notification required under paragraph (1) of this subsection the telephone number of the Maryland Crime Victims Resource Center.

(f) A commitment unit may not disclose to a defendant or child respondent the address or telephone number of a witness, victim, victim's representative, or person who receives notice for the victim.

(g) An elected public official, public employee, or public unit has the immunity described in Sec.Sec. 5-302 and 5-522 of the Courts Article regarding civil liability for damages arising out of an action relating to this section, unless the official, employee, or unit acts with gross negligence or in bad faith.

---

Md. Code Ann., Crim. Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)