Title 11. Victims and Witnesses — Subtitle 7. Sex Offender Registration

“Habitually lives” means any place where a person lives, sleeps, or visits with any regularity, including where a homeless person is stationed during the day or sleeps at night.

“Habitually lives” includes any place where a person visits for longer than 5 hours per visit more than 5 times within a 30–day period.

Except as otherwise provided in this subsection, “release” means any type of release from the custody of a supervising authority.

“Release” means:

“Release” does not include:

a violation of § 3–303, § 3–304, § 3–309, or § 3–310 of the Criminal Law Article, or § 3–305, § 3–306, § 3–311, or § 3–312 of the Criminal Law Article as the sections existed before October 1, 2017;

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

a crime committed in another jurisdiction, federal or military court, or foreign country that, if committed in this State, would constitute one of the crimes listed in item (1) or (2) of this subsection.

is convicted of a sexually violent offense; and

has been determined in accordance with this subtitle to be at risk of committing another sexually violent offense.

an offense that would require the person to be classified as a tier I sex offender, tier II sex offender, or tier III sex offender;

an offense committed in another state or in a federal, military, or tribal jurisdiction that, if committed in this State, would require the person to be classified as a tier I sex offender, tier II sex offender, or tier III sex offender; or

an offense in a court of Canada, Great Britain, Australia, New Zealand, or any other foreign country where the United States Department of State has determined in its Country Reports on Human Rights Practices that an independent judiciary generally or vigorously enforced the right to a fair trial during the year in which the conviction occurred that, if committed in this State, would require the person to be classified as a tier I sex offender, tier II sex offender, or tier III sex offender.

the Secretary, if the registrant is in the custody of a correctional facility operated by the Department;

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;

the court that granted the probation or suspended sentence, except as provided in item (9) of this subsection, if the registrant is granted probation before judgment, probation after judgment, or a suspended sentence;

the Director of the Patuxent Institution, if the registrant is in the custody of the Patuxent Institution;

the Secretary of Health, if the registrant is in the custody of a facility operated by the Maryland Department of Health;

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;

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;

the local law enforcement unit where the sex offender is a resident, is a transient, or habitually lives on moving from another jurisdiction or foreign country that requires registration if the sex offender is not under the supervision, custody, or control of another supervising authority;

the Director of Parole and Probation, if the registrant is under the supervision of the Division of Parole and Probation; or

the Secretary of Juvenile Services, if the registrant was a minor at the time the act was committed for which registration is required.

conspiring to commit, attempting to commit, or committing a violation of § 3–308 or § 3–308.1(b) of the Criminal Law Article;

conspiring to commit, attempting to commit, or committing a violation of § 3–902 or § 11–208 of the Criminal Law Article, if the victim is a minor;

conspiring to commit, attempting to commit, or committing a violation of § 3–307(a)(1)(ii)5 of the Criminal Law Article, if the victim is not a minor;

a crime committed in a federal, military, tribal, or other jurisdiction that, if committed in this State, would constitute one of the crimes listed in items (1) through (3) of this subsection;

any of the following federal offenses:

any military offense specified by the Secretary of Defense under Section 115(A)(8)(C)(i) of Public Law 105–119 (codified at 10 U.S.C. § 951 Note) that is similar to those offenses listed in item (5) of this subsection; or

a crime in a court of Canada, Great Britain, Australia, New Zealand, or any other foreign country where the United States Department of State has determined in its Country Reports on Human Rights Practices that an independent judiciary generally or vigorously enforced the right to a fair trial during the year in which the conviction occurred that, if the crime were committed in this State, would constitute one of the crimes listed in items (1) through (6) of this subsection.

conspiring to commit, attempting to commit, or committing a violation of § 3–307(a)(4) or (5), § 3–324, § 11–207, or § 11–209 of the Criminal Law Article;

conspiring to commit, attempting to commit, or committing a violation of § 3–1102, § 3–1103, § 11–303, § 11–305, § 11–306, or § 11–307 of the Criminal Law Article, if the intended prostitute or victim is a minor;

conspiring to commit, attempting to commit, or committing a violation of § 3–314 or § 3–603 of the Criminal Law Article, if the victim is a minor who is at least 14 years old;

conspiring to commit, attempting to commit, or committing a violation of § 3–307(a)(1)(ii)5 of the Criminal Law Article, if the victim is a minor who is at least 13 years old;

conspiring to commit, attempting to commit, or committing an offense that would require the person to register as a tier I sex offender after the person was already registered as a tier I sex offender;

a crime that was committed in a federal, military, tribal, or other jurisdiction that, if committed in this State, would constitute one of the crimes listed in items (1) through (4) of this subsection; or

a crime in a court of Canada, Great Britain, Australia, New Zealand, or any other foreign country where the United States Department of State has determined in its Country Reports on Human Rights Practices that an independent judiciary generally or vigorously enforced the right to a fair trial during the year in which the conviction occurred that, if the crime were committed in this State, would constitute one of the crimes listed in items (1) through (4) of this subsection.

conspiring to commit, attempting to commit, or committing a violation of:

conspiring to commit, attempting to commit, or committing a violation of § 3–307(a)(3), § 3–314, § 3–503, or § 3–603 of the Criminal Law Article, if the victim is under the age of 14 years;

conspiring to commit, attempting to commit, or committing the common law offense of false imprisonment, if the victim is a minor;

conspiring to commit, attempting to commit, or committing a violation of § 3–307(a)(1)(ii)5 of the Criminal Law Article, if the victim is a minor who is under the age of 13 years;

conspiring to commit, attempting to commit, or committing an offense that would require the person to register as a tier I or tier II sex offender after the person was already registered as a tier II sex offender;

a crime committed in a federal, military, tribal, or other jurisdiction that, if committed in this State, would constitute one of the crimes listed in items (1) through (4) of this subsection; or

a crime in a court of Canada, Great Britain, Australia, New Zealand, or any other foreign country where the United States Department of State has determined in its Country Reports on Human Rights Practices that an independent judiciary generally or vigorously enforced the right to a fair trial during the year in which the conviction occurred that, if the crime were committed in this State, would constitute one of the crimes listed in items (1) through (4) of this subsection.

is under the custody or supervision of a supervising authority on October 1, 2010;

was subject to registration under this subtitle on September 30, 2010;

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

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.

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.

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.

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 incarcerated individual record;

evidence introduced by the person convicted; and

at the request of the State’s Attorney, evidence that a victim of the sexually violent offense presents.

a tier I sex offender;

a tier II sex offender;

a tier III sex offender; or

a sex offender who is required to register by another jurisdiction, a federal, military, or tribal court, or a foreign government, and who is not a resident of this State, and who enters this State:

the underlying conviction requiring registration is reversed, vacated, or set aside; or

the registrant is pardoned for the underlying conviction.

A person who has been adjudicated delinquent for an act that, if committed by an adult, would constitute a violation of § 3–303 or § 3–304 of the Criminal Law Article, § 3–305 or § 3–306 of the Criminal Law Article as the sections existed before October 1, 2017, or § 3–307(a)(1) or (2) or § 3–308(b)(1) of the Criminal Law Article involving conduct described in § 3–301(e)(2) of the Criminal Law Article, shall register with the person’s supervising authority if:

If the person has committed a delinquent act that would cause the court to make a determination regarding registration under paragraph (1) of this subsection:

The form of petitions and all other pleadings under this subsection and, except as otherwise provided under Title 3 of the Courts Article, the procedures to be followed by the court under this subsection shall be specified in the Maryland Rules.

The court may order an evaluation of the person in making the determination under paragraph (1) of this subsection.

the person has been adjudicated delinquent for an act that, if committed by an adult:

the person was a minor who was at least 14 years old at the time the delinquent act was committed.

update and verify with the Department of Juvenile Services the information included in the registry of juvenile sex offenders under this section; and

allow the Department of Juvenile Services to take a digital image of the juvenile registrant.

is released;

is granted probation;

is granted a suspended sentence;

receives a sentence that does not include a term of imprisonment; or

is released from the juvenile court’s jurisdiction under § 3–8A–07 of the Courts Article, if the person was a minor who lived in the State at the time the act was committed for which registration is required.

if the registrant was sentenced to a term of imprisonment before the date that the registrant is released; or

within 3 days of the date that the registrant:

if the registrant was a resident who was a minor at the time the act was committed for which registration is required, within 3 days after the juvenile court’s jurisdiction over the person terminates under § 3–8A–07 of the Courts Article;

if the registrant moves into the State, within 3 days after the earlier of the date that the registrant:

if the registrant is not a resident, within 3 days after the registrant:

A sex offender shall also register in person with the local law enforcement unit of each county where the sex offender resides within 3 days of:

A sex offender may be required to give to the local law enforcement unit more information than required under § 11–706 of this subtitle.

A homeless registrant also shall register in person with the local law enforcement unit in each county where the registrant habitually lives:

After initially registering with a local law enforcement unit under this subsection, a homeless registrant shall register once a week in person during the time the homeless registrant habitually lives in the county.

The registration requirements under this subsection are in addition to any other requirements the homeless registrant is subject to according to the registrant’s classification as a tier I sex offender, tier II sex offender, tier III sex offender, or sexually violent predator.

If a registrant who was homeless obtains a fixed address, the registrant shall register with the appropriate supervising authority and local law enforcement unit within 3 days after obtaining a fixed address.

residence;

the county in which the registrant habitually lives;

vehicle or license plate information;

electronic mail or Internet identifiers;

home or cell phone numbers; or

employment.

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 provide notice in person to the local law enforcement unit where the institution of higher education is located within 3 days after the commencement or termination of enrollment.

A registrant who commences or terminates carrying on employment at an institution of higher education in the State shall provide notice in person to the local law enforcement unit where the institution of higher education is located within 3 days after the commencement or termination of employment.

A registrant shall notify each local law enforcement unit where the registrant resides or habitually lives when the registrant obtains a temporary residence or alters the location where the registrant resides or habitually lives for more than 5 days or when the registrant will be absent from the registrant’s residence or location where the registrant resides or habitually lives for more than 7 days.

Notification under this subsection shall:

the registrant’s full name, including any suffix, and all addresses and places where the registrant resides or habitually lives;

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;

the name of the registrant’s educational institution or place of school enrollment and the registrant’s educational institution or school address;

a description of the crime for which the registrant was convicted;

the date that the registrant was convicted;

the jurisdiction and the name of the court in which the registrant was convicted;

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;

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;

all identifying factors, including a physical description;

a copy of the registrant’s passport or immigration papers;

information regarding any professional licenses the registrant holds;

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;

the permanent or frequent addresses or locations where all vehicles are kept;

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;

a copy of the registrant’s valid driver’s license or identification card;

the registrant’s fingerprints and palm prints;

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

the registrant’s signature and date signed.

anticipated future residence, if known at the time of registration; and

documentation of treatment received for a mental abnormality or personality disorder.

Subject to subsection (c) of this section, the term of registration is:

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.

the last date of release;

the date granted probation;

the date granted a suspended sentence; or

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.

is not convicted of any offense for which a term of imprisonment of more than 1 year may be imposed;

is not convicted of any sex offense;

successfully completes, without revocation, any period of supervised release, parole, or probation; and

successfully completes an appropriate sex offender treatment program.

give written notice to the registrant of the requirements of this subtitle;

explain the requirements of this subtitle to the registrant, including:

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.

The supervising authority shall obtain an updated digital image, fingerprints, and palm prints of the registrant and forward the updated digital image, fingerprints, and palm prints to the Department.

For a registrant who has not submitted a DNA sample, as defined in § 2–501 of the Public Safety Article, for inclusion in the statewide DNA database system of the Department of State Police Crime Laboratory, the supervising authority shall:

Within 3 days after obtaining a registration statement, the supervising authority shall send a copy of the registration statement with the attached fingerprints, palm prints, and updated digital image of the registrant to the local law enforcement unit in each county where the registrant will reside or habitually live or where a registrant who is not a resident is a transient or will work or attend school.

Every 6 months, a local law enforcement unit shall send a tier III sex offender’s and sexually violent predator’s updated digital image to the Department within 6 days after the digital image is submitted.

As soon as possible but not later than 3 working days after receiving a registration statement of a sex offender, notice of a change of address of a sex offender, or change in a county in which a homeless sex offender habitually lives, a local law enforcement unit shall send written notice of the registration statement, change of address, or change of county to the county superintendent, as defined in § 1–101 of the Education Article, and all nonpublic primary and secondary schools in the county within 1 mile of where the sex offender is to reside or habitually live or where a sex offender who is not a resident of the State is a transient or will work or attend school.

As soon as possible but not later than 10 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 sex offender.

is to reside or habitually live in the municipal corporation after release;

escapes from a facility but resided or habitually lived in the municipal corporation before being committed to the custody of a supervising authority; or

is to change addresses to another place of residence within the municipal corporation.

family child care homes or child care centers registered, licensed, or issued a letter of compliance under Title 5, Subtitle 5 of the Family Law Article;

child recreation facilities;

faith institutions; and

other organizations that serve children and other individuals vulnerable to sex offenders who victimize children.

if the registration is premised on a conviction under federal, military, or Native American tribal law, to the designated federal unit;

to any other jurisdiction or foreign country where the sex offender is required to register; and

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.

An institution of higher education is not prohibited from disclosing information provided to the institution under this subtitle concerning registered sex offenders.

if the registration is due to a conviction under federal, military, or Native American tribal law, to the designated federal unit;

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

if the registrant is enrolled in or employed at an institution of higher education in the State, to:

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

each person who is entitled to receive notice under § 11–715(a) of this subtitle.

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

each person who is entitled to receive notice under § 11–715(a) of this subtitle.

On request for a copy of a registration statement about a specific person, the supervising authority shall send a copy to:

Subject to paragraph (3) of this subsection, the supervising authority shall send a copy of a registration statement to each:

A copy of the registration statement shall be sent if:

the name and address of the person who submits the request; and

the reason for the request.

The Department shall make available to the public registration statements or information about registration statements.

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.

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.

a current listing of each registrant’s name and other identifying information; and

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.

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

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.

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.

This notice is in addition to the notice required under § 11–709(b)(1) of this subtitle.

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.

Appropriate notification procedures include those identified in § 11-709 of this subtitle.

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

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.

In this section the following words have the meanings indicated.

“County board” has the meaning stated in § 1–101 of the Education Article.

“Juvenile registrant” has the meaning stated in § 11–704.1 of this subtitle.

“State Board” has the meaning stated in § 1–101 of the Education Article.

where the registrant’s or juvenile registrant’s child is a student or receives child care, if:

for the purpose of voting at a school on an election day in the State if the registrant or juvenile registrant is properly registered to vote and the registrant’s or juvenile registrant’s polling place is at the school.

that is used for public or nonpublic elementary or secondary education; or

on which is located:

A registrant or juvenile registrant who is a student may receive an education in accordance with State law in any of the following locations:

Each county board shall develop and adopt a policy that enables a registrant or juvenile registrant who is a student to receive an education as described under paragraph (1) of this subsection.

The State Board shall develop and adopt guidelines and a model policy to assist a county board with the development of a policy under paragraph (2) of this subsection.

a person who is a sexually violent predator;

a person who has been convicted of a violation of:

a person who has been convicted of a violation of § 3–309 or § 3–310 of the Criminal Law Article, § 3–311 of the Criminal Law Article as the section existed before October 1, 2017, or, if the person was an adult at the time of the offense, an attempt to commit a violation of § 3–306 of the Criminal Law Article as the section existed before October 1, 2017;

a person who has been convicted of a violation of § 3–602 of the Criminal Law Article:

a person who is required to register under § 11–704(c) of this subtitle; and

a person who has been convicted more than once arising out of separate incidents of a crime that requires registration under this subtitle.

Except as provided in paragraph (2) of this subsection, the term of lifetime sexual offender supervision imposed on a person for a crime committed on or after October 1, 2010, shall:

For a person who is required to register under § 11–704(c) of this subtitle, the term of lifetime sexual offender supervision imposed for an act committed on or after October 1, 2010, shall:

For a sentence that includes a term of lifetime sexual offender supervision, the sentencing court, or juvenile court in the case of a person who is required to register under § 11–704(c) of this subtitle, shall impose special conditions of lifetime sexual offender supervision on the person at the time of sentencing, or imposition of the registration requirement in juvenile court, and advise the person of the length, conditions, and consecutive nature of that supervision.

Before imposing special conditions, the sentencing court or juvenile court shall order:

The conditions of lifetime sexual offender supervision may include:

The sentencing court or juvenile court may adjust the special conditions of lifetime sexual offender supervision, in consultation with the person’s sexual offender management team.

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

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.

A violation of subsection (a) of this section does not discharge a person from lifetime sexual offender supervision.

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.

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

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.

The sentencing court shall hear and adjudicate a petition for discharge from lifetime sexual offender supervision.

A person may file a petition for discharge after serving at least 5 years of extended sexual offender supervision.

If a petition for discharge is denied, a person may not renew the petition for a minimum of 1 year.

A petition for discharge shall include:

consists of:

may include:

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.

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.

a presentence investigation conducted by the Division of Parole and Probation; and

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.