In this subtitle the following words have the meanings indicated. “Board” means the Sexual Offender Advisory Board. “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. “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. “Homeless” means having no fixed residence. “Imprisonment” means incarceration pursuant to a conviction, regardless of the nature of the institution in which the offender serves the sentence. “Jurisdiction” means a state or a Native American tribe that elects to function as a registration jurisdiction under federal law. “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. Except as otherwise provided in this subsection, “release” means any type of release from the custody of a supervising authority. “Release” means: release on parole; mandatory supervision release; release from a correctional facility with no required period of supervision; work release; placement on home detention; and the first instance of entry into the community that is part of a supervising authority’s graduated release program. “Release” does not include: an escape; or leave that is granted on an emergency basis. “Sexually violent offense” means: 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. “Sexually violent predator” means a person who: 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. “Sex offender” means a person who has been convicted of: 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. “Student” means an individual who is enrolled in or attends an education institution, including a public or private secondary school, trade or professional school, or an institution of higher education. “Supervising authority” means an agency or person that is responsible for collecting the information for the initial registration of a sex offender and is: 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. “Tier I sex offender” means a person who has been convicted of: 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: misleading domain names on the Internet under 18 U.S.C. § 2252B; misleading words or digital images on the Internet under 18 U.S.C. § 2252C; engaging in illicit conduct in foreign places under 18 U.S.C. § 2423(c); failure to file a factual statement about an alien individual under 18 U.S.C. § 2424; transmitting information about a minor to further criminal sexual conduct under 18 U.S.C. § 2425; sex trafficking by force, fraud, or coercion under 18 U.S.C. § 1591; or travel with intent to engage in illicit conduct under 18 U.S.C. § 2423(b); 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. “Tier II sex offender” means a person who has been convicted of: 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. “Tier III sex offender” means a person who has been convicted of: conspiring to commit, attempting to commit, or committing a violation of: § 2–201(a)(4)(viii), (x), or (xi) of the Criminal Law Article; § 3–303, § 3–304, § 3–307(a)(1)(ii)1 through 4 and (2), § 3–308.1(c) or (d), § 3–309, § 3–310, § 3–311, § 3–312, § 3–315, § 3–323, or § 3–602 of the Criminal Law Article; § 3–502 of the Criminal Law Article, if the victim is a minor; § 3–502 of the Criminal Law Article, if the victim is an adult, and the person has been ordered by the court to register under this subtitle; the common law offense of sodomy, as that offense existed before October 1, 2020, or § 3–322 of the Criminal Law Article, as that offense existed before October 1, 2023, if the offense was committed with force or threat of force; or § 3–305 or § 3–306 of the Criminal Law Article as the sections existed before October 1, 2017; 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. “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.

For the purposes of this subtitle, a person is convicted when the person: is found guilty of a crime by a jury or judicial officer; enters a plea of guilty or nolo contendere; 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 is found not criminally responsible for a crime.

Notwithstanding any other provision of law to the contrary, this subtitle shall be applied retroactively to include a person who: 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. The term of registration for a sex offender registered under subsection (a) of this section shall be calculated from the date of release.

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. In making a determination under subsection (a) of this section, the court shall consider: 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. 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.

A person shall register with the person’s supervising authority if the person is: 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: to begin residing or to habitually live; to carry on employment; 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 as a transient. Notwithstanding any other provision of law, a person is no longer subject to registration under this subtitle if: 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: the person was a minor who was at least 13 years old at the time the delinquent act was committed; the State’s Attorney or the Department of Juvenile Services requests that the person be required to register; 90 days prior to the time the juvenile court’s jurisdiction over the person terminates under § 3–8A–07 of the Courts Article, the court, after a hearing, determines under a clear and convincing evidence standard that the person is at significant risk of committing a sexually violent offense or an offense for which registration as a tier II sex offender or tier III sex offender is required; and the person is at least 18 years old. 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 State’s Attorney shall serve written notice to the person or the person’s counsel at least 30 days before a hearing to determine if the person is required to register under this section; and the Department of Juvenile Services shall: provide the court with any information necessary to make the determination; and conduct any follow–up the court requires. 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.

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. 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: the person has been adjudicated delinquent for an act that, if committed by an adult: would constitute a violation of § 3–303, § 3–304, or § 3–307(a)(1) or (2) of the Criminal Law Article; or 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 the person was a minor who was at least 14 years old at the time the delinquent act was committed. The registry of juvenile sex offenders shall be accessible only by law enforcement personnel for law enforcement purposes. 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. A juvenile registrant shall appear in person at a location designated by the Department of Juvenile Services every 3 months to: 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.

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. 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. 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.

In this section, “resident” means a person who has a home or other place where the person habitually lives located in this State when the person: 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. A registrant shall register with the appropriate supervising authority in the State: 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: is granted probation before judgment; is granted probation after judgment; is granted a suspended sentence; or receives a sentence that does not include a term of imprisonment; 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: establishes a temporary or permanent residence in the State; begins to habitually live in the State; or applies for a driver’s license in the State; or if the registrant is not a resident, within 3 days after the registrant: begins employment in the State; registers as a student in the State; or enters the State as a transient. 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: release from any period of imprisonment or arrest; or registering with the supervising authority, if the registrant is moving into this State and the local law enforcement unit is not the supervising authority. 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: within 3 days after the earlier of the date of release or after registering with the supervising authority; and within 3 days after entering and remaining in a county. 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. Within 3 days of any change, a registrant shall notify the local law enforcement unit where the registrant most recently registered and each local law enforcement unit where the registrant will reside or habitually live of changes in: 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 who is granted a legal change of name by a court shall send written notice of the change to each local law enforcement unit where the registrant resides or habitually lives within 3 days after the change is granted. A registrant shall notify each local law enforcement unit where the registrant resides or habitually lives at least 21 days prior to leaving the United States to commence residence or employment or attend school in a foreign country. 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: be made in writing or in person prior to obtaining a temporary residence, commencing the period of absence, or temporarily altering a location where the registrant resides or habitually lives; include the temporary address or detailed description of the temporary location where the registrant will reside or habitually live; and contain the anticipated dates that the temporary residence or location will be used by the registrant and the anticipated dates that the registrant will be absent from the registrant’s permanent residence or locations where the registrant regularly resides or habitually lives. A registrant who establishes a new electronic mail address, computer log–in or screen name or identity, instant–message identity, or electronic chat room identity shall send written notice of the new information to the State registry within 3 days after the electronic mail address, computer log–in or screen name or identity, instant–message identity, or electronic chat room identity is established.

For all sex offenders in the State, a registration statement shall include: 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. If the registrant is determined to be a sexually violent predator, the registration statement shall also include: anticipated future residence, if known at the time of registration; and documentation of treatment received for a mental abnormality or personality disorder.

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. Registration shall include a digital image that shall be updated every 6 months. 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. Registration shall include a digital image that shall be updated every 6 months. 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. Registration shall include a digital image that shall be updated every 6 months. Subject to subsection (c) of this section, the term of registration is: 15 years, if the registrant is a tier I sex offender; 25 years, if the registrant is a tier II sex offender; the life of the registrant, if the registrant is a tier III sex offender; or 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. 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. A term of registration described in this section shall be computed from: 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. 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: 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.

When a registrant registers, the supervising authority shall: give written notice to the registrant of the requirements of this subtitle; explain the requirements of this subtitle to the registrant, including: the duties of a registrant when the registrant changes residence address in this State or changes the county in which the registrant habitually lives; the duties of a registrant under § 11–705 of this subtitle; the requirement for a sex offender to register in person with the local law enforcement unit of each county where the sex offender will reside or habitually live or where the sex offender who is not a resident of this State is a transient or will work or attend school; and 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 or sex offender registration unit of that state within 3 days after the change; and 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: obtain a DNA sample from the registrant at the registrant’s initial registration; and provide the sample to the statewide DNA database system of the Department of State Police Crime Laboratory. 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. 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 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 campus police agency of the institution of higher education. If an institution of higher education does not have a campus police agency, the copy of the registration statement with the attached fingerprints, palm prints, and updated digital image of the registrant shall be provided to the local law enforcement agency having primary jurisdiction for the campus. As soon as possible but not later than 3 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.

Within 3 days after a tier III sex offender or a sexually violent predator completes the registration requirements of § 11–707(a) of this subtitle, a local law enforcement unit shall send notice of the tier III sex offender’s or sexually violent predator’s quarterly registration to the Department. Every 6 months within 3 days after a tier I sex offender or a tier II sex offender completes the registration requirements of § 11–707(a) of this subtitle, a local law enforcement unit shall send notice of the tier I sex offender’s or tier II sex offender’s biannual registration to the Department. 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. A local law enforcement unit that receives a notice from a supervising authority under this subtitle shall send a copy of the notice to the police department, if any, of a municipal corporation if the registrant: 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. As soon as possible but not later than 3 working days after receiving notice from a local law enforcement unit under this section, a police department of a municipal corporation shall send a copy of the notice to the commander of each local police precinct or district in which the sex offender is to reside or habitually live or where a sex offender who is not a resident of the State will work or attend school. As soon as possible but not later than 3 working days after receiving a notice from a supervising authority under this subtitle, a local law enforcement unit shall send a copy of the notice to the commander of the law enforcement unit in each district or area in which the sex offender is to reside or habitually live or where a sex offender who is not a resident of the State will work or attend school. A local law enforcement unit may notify the following entities that are located within the community in which a sex offender is to reside or habitually live or where a sex offender who is not a resident of the State will work or attend school of the filing of a registration statement or notice of change of address or county where the registrant will habitually live by the sex offender: 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. As soon as possible, but not later than 3 working days after receipt of a registrant’s change of residence or change in the county in which the registrant habitually lives, the local law enforcement unit shall notify the Department of the change. As soon as possible, but not later than 3 working days after receipt of notice under § 11–705(e) of this subtitle, the local law enforcement unit shall give notice to the Department of the registrant’s intent to change residence, a county in which the registrant habitually lives, vehicle or license plate information, electronic mail or Internet identifiers, or landline or cellular phone numbers. As soon as possible, but not later than 3 working days after receipt of notice under § 11–705(g) of this subtitle, the local law enforcement unit shall give notice to the Department of the change of name. As soon as possible, but not later than 3 working days after receipt of notice under § 11–705(h) of this subtitle, the local law enforcement unit shall give notice to the Department of the registrant’s intent to leave the United States. As soon as possible, but not later than 3 working days after receipt of notice under § 11–705(i) of this subtitle, the local law enforcement unit shall give notice to the Department of the registrant’s intent to obtain temporary lodging or to be absent from the registrant’s permanent residence or locations where the registrant habitually lives.

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: 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 to each local law enforcement unit in whose county the new residence is located or where the registrant intends to habitually live; or 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. 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. 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. 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. 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: 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: the campus police agency of the institution of higher education; or if the institution does not have a campus police agency, the local law enforcement unit having primary jurisdiction for the campus.

If a registrant escapes from a facility, the supervising authority of the facility by the most reasonable and expedient means available shall immediately notify: 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. 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: 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.

The Department: 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; shall keep a central registry of registrants and a listing of juvenile sex offenders; 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; 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; shall reimburse local law enforcement units for the reasonable costs of implementing community notification procedures; shall be responsible for receiving and distributing all intrastate, federal, and foreign government communications relating to the registration of sex offenders; and 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.

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 digital image, but need not include the fingerprints or palm prints of the registrant.

On request for a copy of a registration statement about a specific person, the supervising authority shall send a copy to: each witness who testified against the registrant in a court proceeding involving the crime; and each person specified in writing by the State’s Attorney. Subject to paragraph (3) of this subsection, the supervising authority shall send a copy of a registration statement to each: victim of the crime for which the registrant was convicted; or if the victim is a minor, the parents or legal guardian of the victim. A copy of the registration statement shall be sent if: a request is made in writing about a specific registrant; or a notification request form has been filed under § 11-104 of this title. 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. 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.

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. A request under subsection (a) of this section shall contain: the name and address of the person who submits the request; and the reason for the request. A local law enforcement unit shall keep records of all written requests received under subsection (a) of this section.

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. The Department shall post on the Internet: 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. The Department, through an Internet posting of current registrants, shall: 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. 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. The Department shall establish regulations to carry out this section.

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. 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. A disclosure under this section does not limit or prohibit any other disclosure allowed or required under law.

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.

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.

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

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. This section does not apply to a registrant or a juvenile registrant who enters real property: where the registrant’s or juvenile registrant’s child is a student or receives child care, if: within the past year the registrant or juvenile registrant has been given the specific written permission of the Superintendent of Schools, the local school board, the principal of the school, or the owner or operator of the registered family child care home, licensed child care home, or licensed child care institution, as applicable; and the registrant or juvenile registrant promptly notifies an agent or employee of the school, home, or institution of the registrant’s or juvenile registrant’s presence and purpose of visit; or 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. Except as provided in subsection (e) of this section, a registrant or juvenile registrant may not knowingly enter onto real property: that is used for public or nonpublic elementary or secondary education; or on which is located: a family child care home registered under Title 5, Subtitle 5 of the Family Law Article; a child care home or a child care institution licensed under Title 5, Subtitle 5 of the Family Law Article; or a home where informal child care, as defined in child care subsidy regulations adopted under Title 13A of the Code of Maryland Regulations, is being provided or will be provided to a child who does not reside there. A person who enters into a contract with a county board or a nonpublic school may not knowingly employ an individual to work at a school if the individual is a registrant or juvenile registrant. A registrant or juvenile registrant who is a student may receive an education in accordance with State law in any of the following locations: a location other than a public or nonpublic elementary or secondary school, including by: participating in the Home and Hospital Teaching Program for Students; or participating in or attending a program approved by a county board under paragraph (2) of this subsection; a Regional Institute for Children and Adolescents; or a nonpublic educational program as provided by § 8–406 of the Education Article if: the registrant or juvenile registrant has notified an agent or employee of the nonpublic educational program that the registrant or juvenile registrant is required to register under this subtitle; and the registrant or juvenile registrant has been given specific written permission by an agent or employee of the nonpublic educational program to attend the nonpublic educational program. 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 violates subsection (c) or (d) of this section 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.

Except where a term of natural life without the possibility of parole is imposed, a sentence for the following persons shall include a term of lifetime sexual offender supervision: a person who is a sexually violent predator; a person who has been convicted of a violation of: § 3–303 or § 3–304 of the Criminal Law Article; or § 3–305 or § 3–306 of the Criminal Law Article as the sections existed before October 1, 2017, if the person was an adult at the time of the offense; 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: that was committed when the person was an adult against a child under the age of 13 years; or that was committed when the person was at least 21 years old against a child under the age of 16 years; 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 where a term of natural life without the possibility of parole is imposed, a sentence for a violation of § 3–307(a)(1) or (2) of the Criminal Law Article may include a term of lifetime sexual offender supervision. 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: be a term of life; and commence on the expiration of the later of any term of imprisonment, probation, parole, or mandatory supervision. 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: commence when the person’s obligation to register commences; and expire when the person’s obligation to register expires, unless the juvenile court: finds after a hearing that there is a compelling reason for the supervision to continue; and orders the supervision to continue for a specified period of time. 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: a presentence investigation in accordance with § 6–112 of the Correctional Services Article; and for a sentence for a violation of § 3–307(a)(1) or (2) of the Criminal Law Article, a risk assessment of the person conducted by a sexual offender treatment provider. The conditions of lifetime sexual offender supervision may include: monitoring through global positioning satellite tracking or equivalent technology; where appropriate and feasible, restricting a person from living in proximity to or loitering near schools, family child care homes, child care centers, and other places used primarily by minors; restricting a person from obtaining employment or from participating in an activity that would bring the person into contact with minors; requiring a person to participate in a sexual offender treatment program; prohibiting a person from using illicit drugs or alcohol; authorizing a parole and probation agent to access the person’s personal computer to check for material relating to sexual relations with minors; requiring a person to take regular polygraph examinations; prohibiting a person from contacting specific individuals or categories of individuals; and any other conditions deemed appropriate by the sentencing court or juvenile court. 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.

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. A person who violates any conditions imposed under § 11–723 of this subtitle: 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. Imprisonment for a lifetime sexual offender supervision violation is not subject to diminution credits. 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. During the period of lifetime sexual offender supervision, the court may: 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: 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 a recommendation regarding the discharge of the person from the sexual offender management team. The sentencing court may not deny a petition for discharge without a hearing. 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. The judge who originally imposed the lifetime sexual offender supervision shall hear a petition for discharge. If the judge has been removed from office, has died or resigned, or is otherwise incapacitated, another judge may act in the matter.

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. A sexual offender management team: consists of: a specially trained parole and probation agent; and a representative of a sexual offender treatment program or provider; and may include: victim advocates or victim service providers with recognized expertise in sexual abuse and victimization; faith counselors; employment counselors; community leaders; a polygraph examiner with recognized expertise in sexual offender–specific polygraph examination; a law enforcement officer; an assistant State’s Attorney; an assistant public defender; and a foreign or sign language interpreter. 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.

The Department of Public Safety and Correctional Services shall adopt regulations necessary to carry out the duties of the Department relating to lifetime sexual offender supervision under this subtitle.

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: 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. The court shall consider the presentence investigation and mental health evaluation when sentencing the defendant.