# COMAR Title 12 — Department of Public Safety and Correctional Services

## Subtitle 06 — Sex Offender Registration

### Chapter 01 — Administration of Sex Offender Registration

**Authority:** Correctional Services Article, §2-109; Criminal Procedures Article, §§11-701—11-721, Annotated Code of Maryland

**Administrative History:** Effective date: September 2, 2002 (29:17 Md. R. 1381)

**Administrative History:** Regulation .17 amended effective December 6, 2007 (34:24 Md. R. 2158)

#### Regulation .01 Purpose.

*COMAR 12.06.01.01*

The purpose of this chapter is to establish the framework for the sex offender registration process and to specify the duties and responsibilities of a registrant and State and local agencies as established under Criminal Procedure Article, §§11-701—11-721, Annotated Code of Maryland.

#### Regulation .02 Definitions.

*COMAR 12.06.01.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Absconder” means the status of a registrant when the Sex Offender Registry Unit determines that:

    (a) The registrant has not registered in accordance with Criminal Procedure Article, §§11-701—11-721, Annotated Code of Maryland; or

    (b) The registrant's address is not current.

  (2) “Address verification and change of address form” means a document:

    (a) Used for the periodic registration of a sexually violent predator, sexually violent offender, and offender under Criminal Procedure Article, §11-711, Annotated Code of Maryland; and

    (b) That may be used to communicate a change of address by a sexually violent predator, child sexual offender, sexually violent offender, and offender to the Sex Offender Registration Unit and local law enforcement.

  (3) “Central registry” means information maintained by the Department's Sex Offender Registry Unit concerning registrants who are required to register under Criminal Procedure Article, §§11-701—11-721, Annotated Code of Maryland.

  (4) “Child sexual offender” has the meaning stated in Criminal Procedure Article, §11-701(b), Annotated Code of Maryland.

  (5) “Convicted” has the meaning stated in Criminal Procedure Article, §11-702, Annotated Code of Maryland.

  (6) “County” means a Maryland county or Baltimore City.

  (7) “County superintendent” has the meaning stated in Education Article, §1-101, Annotated Code of Maryland.

  (8) “Department” means the Department of Public Safety and Correctional Services.

  (9) “Incarceration” means confinement to a State or local correctional facility because of a conviction, sentencing, and commitment.

  (10) “Local law enforcement unit” has the meaning stated in Criminal Procedure Article, §11-701(c), Annotated Code of Maryland.

  (11) "90 days" means 3 months.

  (12) “Nonresident registrant” means an individual who:

    (a) Is required to register in another state;

    (b) Is not a resident of the State; and

    (c) Enters the State for the purpose of full-time or part-time employment or to attend any public or private educational institution as described in Criminal Procedure Article, §11-704(7), Annotated Code of Maryland.

  (13) “Notice of responsibility” means the form used to notify a registrant of the requirements of registration under Criminal Procedure Article, §§11-701—11-721, Annotated Code of Maryland.

  (14) “Notice of registration for child sexual offenders” means a:

    (a) Form completed by a local law enforcement unit with information provided by a child sexual offender under Criminal Procedure Article, §11-707(a)(1), Annotated Code of Maryland; and

    (b) Written notification that a child sexual offender has registered with a local law enforcement unit under Criminal Procedure Article, §11-705(c), Annotated Code of Maryland.

  (15) “Offender” has the meaning stated in Criminal Procedure Article, §11-701(d), Annotated Code of Maryland.

  (16) “Offense” means a crime for which a conviction would require the individual to register under Criminal Procedure Article, §§11-701—11-721, Annotated Code of Maryland.

  (17) “Periodic registration” means the subsequent registration required under Criminal Procedure Article, §11-707(a)(1)—(3), Annotated Code of Maryland, during a term of registration.

  (18) “Registrant” means an individual who is required to register under Criminal Procedure Article, §§11-701—11-721, Annotated Code of Maryland, in one or more of the following categories:

    (a) Child sexual offender;

    (b) Offender;

    (c) Sexually violent offender; and

    (d) Sexually violent predator.

  (19) Registrant's Address.

    (a) “Registrant's address” means the physical location in the community, including a homeless shelter, where a registrant regularly sleeps.

    (b) “Registrant's address” includes the street and street number, apartment number if applicable, city, state, and zip code.

    (c) “Registrant's address” does not include a post office box number.

  (20) “Registration” means the procedure that:

    (a) All registrants complete with a supervising authority under Regulation .06 of this chapter; and

    (b) Child sexual offenders complete with a local law enforcement unit under Regulation .07 of this chapter.

  (21) “Registration statement” means a form that is:

    (a) Obtained by a supervising authority from a registrant; and

    (b) Includes, at a minimum, the information required under Criminal Procedure Article, §11-706, Annotated Code of Maryland.

  (22) Release.

    (a) “Release” means any type of discharge from the custody of a supervising authority.

    (b) “Release” includes parole, probation, mandatory supervision release, work release, and any type of temporary leave except for leave that is granted on an emergency basis.

    (c) “Release” does not include:

      (i) Escape; or

      (ii) A transfer among the Division of Correction, the Division of Pretrial Detention and Services, the Patuxent Institution, and local correctional facilities that does not result in the registrant's release into the community.

  (23) “Resident” has the meaning stated in Criminal Procedure Article, §11-705(a), Annotated Code of Maryland.

  (24) “Secretary” means the Secretary of Public Safety and Correctional Services or the Secretary's designee.

  (25) “Sex Offender Registry Unit” means the unit in the Department that maintains the central registry and administers certain registration processes.

  (26) “Sexually violent offender” has the meaning stated in Criminal Procedure Article, §11-701(f), Annotated Code of Maryland.

  (27) “Sexually violent offense” has the meaning stated in Criminal Procedure Article, §11-701(g), Annotated Code of Maryland.

  (28) “Sexually violent predator” has the meaning stated in Criminal Procedure Article, §11-701(h), Annotated Code of Maryland.

  (29) “Supervising authority” has the meaning stated in Criminal Procedure Article, §11-701(i), Annotated Code of Maryland.

  (30) “Term of confinement” has the meaning stated in COMAR 12.02.06.01B.

  (31) “Term of registration” means the period of time a registrant is required to register under the Criminal Procedure Article, §11-707(a)(4), Annotated Code of Maryland.

  (32) “Under investigation” means the status of a registrant when the Sex Offender Registry Unit has received information alleging that:

    (a) A registrant has failed to register in accordance with Criminal Procedure Article, §§11-701—11-721, Annotated Code of Maryland; or

    (b) A registrant's address is not current.

#### Regulation .03 Requirement to Register.

*COMAR 12.06.01.03*

A. Resident Registrant. A resident registrant shall register with a supervising authority on or before the date that the registrant:

  (1) Is released;

  (2) Is granted probation before judgment;

  (3) Is granted probation after judgment;

  (4) Is granted a suspended sentence; or

  (5) Receives a sentence that does not include a term of confinement.

B. Other Registrants.

  (1) A nonresident registrant shall register with a supervising authority within 14 days following:

    (a) Beginning employment in the State; or

    (b) Enrolling as a student in the State.

  (2) A registrant moving into the State shall register with a supervising authority within 7 days following the earlier of the date the individual:

    (a) Establishes a temporary or permanent address; or

    (b) Applies for a driver's license.

C. Additional Registration for Child Sexual Offenders.

  (1) A resident child sexual offender shall register with the local law enforcement unit in the county where the child sexual offender's address is located within 7 days after release.

  (2) A nonresident child sexual offender shall register with the local law enforcement unit where the child sexual offender works or attends school within 7 days after registering with a supervising authority.

  (3) A child sexual offender moving into the State shall register with the local law enforcement unit in the county where the child sexual offender's address is located within 7 days after registering with a supervising authority.

D. Expiration of Sentence or Supervision. If a sentence, including supervision, for a conviction that requires registration expires, the registrant shall continue to register until the term of registration is completed under Criminal Procedure Article, §11-707(a)(4), Annotated Code of Maryland.

#### Regulation .04 Term of Registration.

*COMAR 12.06.01.04*

A. The Sex Offender Registry Unit shall calculate a term of registration:

  (1) For a resident registrant, from:

    (a) The last date of release from a term of confinement related to a crime for which registration is required;

    (b) The date granted probation or a suspended sentence; or

    (c) The date of registration if a registrant is subject to registration under Criminal Procedure Article, §11-702.1, Annotated Code of Maryland; or

  (2) For a nonresident registrant or a registrant moving into this State, from the date established by the state that required registration.

B. Except as provided in §D of this regulation, a registrant shall register for a term of 10 years.

C. If a registrant is reincarcerated during a 10-year term of registration for a crime that does not require lifetime registration under §D of this regulation and, at the time of release, the term of confinement related to the original crime for which registration is required has:

  (1) Not expired, a registrant shall:

    (a) Submit a new registration statement to the supervising authority; and

    (b) Begin a new 10-year term of registration as calculated under §A of this regulation; or

  (2) Expired, a registrant shall:

    (a) Resume the periodic registration requirement under Regulation .10 of this chapter for any remaining balance of the original 10-year term of registration; and

    (b) Submit written notification of change of residence address to the Sex Offender Registry Unit under Regulation .13 of this chapter.

D. Lifetime Registration.

  (1) Lifetime registration is required if the registrant meets the criteria under Criminal Procedure Article, §11-707(a)(4)(ii), Annotated Code of Maryland.

  (2) When lifetime registration is based on a prior conviction that is subsequently reversed, vacated, expunged, or set aside by the court, or for which the registrant is subsequently pardoned by the Governor, the term of registration shall revert to 10 years from the date established under §A or C of this regulation.

E. A nonresident registrant shall register for the term specified in §B or D of this regulation and shall comply with the periodic registration requirements until termination of registration is authorized under Regulation .14 of this chapter.

#### Regulation .05 Registration Statement.

*COMAR 12.06.01.05*

A. A registrant shall complete, sign, and date a registration statement form with a supervising authority.

B. A registration statement includes the following information supplied by the registrant:

  (1) Registrant's full name;

  (2) Address as follows:

    (a) Registrant's address, including county; or

    (b) If on work release or temporary leave, the address of the State or local correctional facility granting work release or temporary leave;

  (3) Registrant's fingerprints obtained at the time of registration by, or at the direction of, the supervising authority;

  (4) For nonresident registrants:

    (a) The name of the registrant's employer or school; and

    (b) The address, including county, of the registrant's work site or site of school attendance;

  (5) Registrant's signature; and

  (6) Date signed.

C. A registration statement includes the following information supplied by the supervising authority:

  (1) Registrant's photograph obtained at the time of registration;

  (2) Registrant's Social Security number, as required under Criminal Procedure Article, §11-706(a)(7), Annotated Code of Maryland;

  (3) Any aliases used by a registrant, including dates of birth and Social Security numbers;

  (4) For each crime for which the registrant is required to register:

    (a) Name of the crime, including statutory citation if applicable and available;

    (b) Date of conviction;

    (c) Name of Maryland court and county, or other court and location, where the registrant was convicted;

    (d) Date the crime was committed; and

    (e) Victim's age at the time the crime was committed;

  (5) Registrant category, or multiple categories if applicable;

  (6) Date of release;

  (7) Term of registration;

  (8) For a sexually violent predator:

    (a) Identifying factors, including scars, marks, tattoos, and other significant physical characteristics;

    (b) The prior sexually violent offense or offenses that are the basis for the proceeding under Criminal Procedure Article, §11-703, Annotated Code of Maryland; and

    (c) Dates and places of treatment received for a mental abnormality or personality disorder;

  (9) Information required in order to reimburse supervising authorities for the cost of processing registration statements under Criminal Procedure Article, §11-713(3), Annotated Code of Maryland; and

  (10) Any attachments necessary to facilitate the accurate and timely registration of the registrant.

#### Regulation .06 Registration Responsibilities—Supervising Authority.

*COMAR 12.06.01.06*

A. The Secretary may delegate the Secretary's duties as a supervising authority to an agency of the Department or a local law enforcement unit under Regulation .07 of this chapter.

B. A supervising authority shall establish procedures for:

  (1) Obtaining information required for the registration statement before to its submission to the Sex Offender Registry Unit and to other agencies as required; and

  (2) Responding to inquiries from the Sex Offender Registry Unit concerning the information in a registration statement.

C. Before releasing a registrant, a representative of the supervising authority shall perform the following duties:

  (1) Complete the registration statement, including:

    (a) The information required under Regulation .05 of this chapter; and

    (b) Signing the registration statement; and

  (2) Notify the registrant of the responsibilities under Criminal Procedure Article, §§11-701—11-721, Annotated Code of Maryland, by:

    (a) Explaining to the registrant:

      (i) The required periodic registration established under Regulation .10 of this chapter during the registrant's term of registration;

      (ii) The required additional in-person registration by a child sexual offender, within 7 days, with the local law enforcement unit of the county where the child sexual offender resides, or where a nonresident child sexual offender works or attends school; and

      (iii) The required notifications and responsibilities pertaining to changes of a registrant's address and other changes in status established under Regulation .13 of this chapter; and

    (b) Providing a written notice of these responsibilities that includes the registrant's signature and date acknowledging that the supervising authority explained the requirements of registration and gave written notice to the registrant.

D. Multiple Registrant Categories. A registrant required to register in more than one registrant category shall comply with a single periodic registration requirement, as follows:

  (1) As a child sexual offender, absent a determination as a sexually violent predator and notwithstanding another conviction as a sexually violent offender or offender;

  (2) As a sexually violent predator, if a court order or commitment determines the individual to be a sexually violent predator under Criminal Procedure Article, §11-703, Annotated Code of Maryland;

  (3) As a sexually violent offender, absent a determination as a sexually violent predator or a conviction as a child sexual offender, and notwithstanding another conviction as an offender; or

  (4) As an offender, absent a determination as a sexually violent predator or a conviction as a child sexual offender or as a sexually violent offender.

E. Distribution of Registration Statement.

  (1) Within 5 business days after obtaining the registration statement, the supervising authority shall send the completed registration statement, including fingerprints, photograph, and a copy of the signed notice of responsibilities, to:

    (a) The Sex Offender Registry Unit; and

    (b) The local law enforcement unit in the county where the registrant resides, or where a nonresident registrant works or attends school.

  (2) If a victim notification request form under Criminal Procedure Article, §11-104, Annotated Code of Maryland, is on file, the supervising authority shall, within 5 business days after obtaining the registration statement:

    (a) Send a copy of the completed registration statement under Regulation .15 of this chapter to the last mailing address of the registrant provided to the Department; and

    (b) Send a copy of the victim notification request form to the Sex Offender Registry Unit.

F. A supervising authority shall maintain a copy of the registration statement, fingerprints, photograph, and notice of responsibilities.

G. On or before release of a registrant who will resume periodic registration requirements under Regulation .04 of this chapter, a supervising authority shall send notice of the registrant's release to:

  (1) The Sex Offender Registry Unit; and

  (2) If the registrant is a child sexual offender or sexually violent predator, the local law enforcement unit in the county where the child sexual offender or sexually violent predator resides.

#### Regulation .07 Registration Responsibilities—Local Law Enforcement Unit.

*COMAR 12.06.01.07*

A. The following are the local law enforcement units designated by resolution of each county governing body:

  (1) In Allegany County, the Cumberland Police Department;

  (2) In Anne Arundel County, the Anne Arundel County Police Department;

  (3) In Baltimore City, the Baltimore Police Department;

  (4) In Baltimore County, the Baltimore County Police Department;

  (5) In Calvert County, the Calvert County Sheriff's Office;

  (6) In Caroline County, the Caroline County Sheriff's Office;

  (7) In Carroll County, the Westminster Barrack of the Maryland State Police;

  (8) In Cecil County, the Cecil County Sheriff's Office;

  (9) In Charles County, the Charles County Sheriff's Office;

  (10) In Dorchester County, the Dorchester County Sheriff's Office;

  (11) In Frederick County, the Frederick County Sheriff's Office;

  (12) In Garrett County, the Garrett County Sheriff's Office;

  (13) In Harford County, the Harford County Sheriff's Office;

  (14) In Howard County, the Howard County Police Department;

  (15) In Kent County, the Kent County Sheriff's Office;

  (16) In Montgomery County, the Montgomery County Police Department;

  (17) In Prince George's County, the Prince George's County Police Department;

  (18) In Queen Anne's County, the Queen Anne's County Sheriff's Office;

  (19) In Somerset County, the Somerset County Sheriff's Office;

  (20) In St. Mary's County, the St. Mary's County Sheriff's Office;

  (21) In Talbot County, the Talbot County Sheriff's Office;

  (22) In Washington County, the Washington County Sheriff's Office;

  (23) In Wicomico County, the Wicomico County Sheriff's Office; and

  (24) In Worcester County, the Worcester County Sheriff's Office.

B. Receipt of Registration Statements from Supervising Authorities.

  (1) A local law enforcement unit shall receive copies of registration statements from supervising authorities for all registrants.

  (2) If a registrant's address is in an incorporated municipality having a police department, a local law enforcement unit shall forward a copy of a registration statement received from a supervising authority to the police department of the incorporated municipality that includes the registrant's address.

C. To register a child sexual offender, a local law enforcement unit shall:

  (1) Obtain a notice of registration for child sexual offenders in person from a child sexual offender after the child sexual offender's release from a supervising authority; and

  (2) Notify the child sexual offender of the responsibility to register in person annually with the local law enforcement unit of the county that includes the registrant's address or where a nonresident works or attends school.

D. A notice of registration for child sexual offenders:

  (1) Contains, at a minimum:

    (a) The registrant's name, address, signature, and date;

    (b) If the child sexual offender is a nonresident, the name and address where the child sexual offender is employed or attends school; and

    (c) The signature and date signed by the representative of the local law enforcement unit; and

  (2) May contain:

    (a) The child sexual offender's fingerprints and photographs; or

    (b) Additional information as dictated by the local law enforcement unit.

E. Within 5 business days after completing registration of a child sexual offender, the local law enforcement unit shall forward:

  (1) The completed notice of registration for child sexual offenders to the Sex Offender Registry Unit; and

  (2) A copy of a notice of registration for child sexual offenders to the county superintendent in the county where a child sexual offender resides, or where a nonresident child sexual offender works or attends school.

F. A local law enforcement unit shall maintain a copy of the notice of registration for child sexual offenders.

G. Registration of Other Registrants.

  (1) A local law enforcement unit may obtain a registration statement under Regulation .06 of this chapter from a nonresident registrant or a registrant who moves into this State if the registrant is not under the supervision of the Division of Parole and Probation.

  (2) A local law enforcement unit that submits registration statements under this section shall be reimbursed by the Department under Regulation .17 of this chapter.

#### Regulation .08 Registration Responsibilities—Sex Offender Registry Unit.

*COMAR 12.06.01.08*

A. The Sex Offender Registry Unit shall:

  (1) Maintain a central registry:

    (a) Initiated by receipt of registration statements; and

    (b) Updated by receipt of periodic registration documentation and notice of changes of registrant's address or other status;

  (2) Determine if a registrant should be placed in an under investigation or absconder status;

  (3) Calculate terms of registration; and

  (4) Authorize termination of registration.

B. The Sex Offender Registry Unit shall transmit a registrant's conviction and fingerprint data to the Federal Bureau of Investigation as soon as possible, but not later than 5 business days after receiving a registration statement.

C. The Sex Offender Registry Unit shall supply the forms required by supervising authorities and local law enforcement units to perform their respective duties under Criminal Procedure Article, §§11-701—11-721, Annotated Code of Maryland.

D. In order to carry out the provisions of Criminal Procedure Article, §11-701—11-721, Annotated Code of Maryland, the Sex Offender Registry Unit shall establish procedures and timeframes for the timely:

  (1) Exchange of information, including notification of registrant status, among:

    (a) Local law enforcement units;

    (b) Supervising authorities;

    (c) Sex offender registries and law enforcement units in other states; and

    (d) Federal agencies; and

  (2) Receipt and exchange of information concerning registrants, and the coordination of investigations among the Unit, local law enforcement units, and the Division of Parole and Probation.

#### Regulation .09 Other Responsibilities—County Superintendent.

*COMAR 12.06.01.09*

A. A local law enforcement unit shall send a copy of the completed notice of registration for child sexual offenders to the county superintendent concerning:

  (1) A resident child sexual offender who lives in that county; or

  (2) A nonresident child sexual offender employed or attending school in that county.

B. As soon as possible but not later than 5 business days after receiving notice, a county superintendent shall send written notice of child sexual offender registration to principals of the schools under the superintendent's supervision that the superintendent considers necessary to protect the students of a school from a child sexual offender.

#### Regulation .10 Periodic Registration Requirements.

*COMAR 12.06.01.10*

A. Temporary Suspension of Periodic Registration Requirements.

  (1) A periodic registration requirement may be suspended only if a registrant is incarcerated at a time when the registrant is required to meet periodic registration requirements.

  (2) If a balance of a 10-year term of registration remains at the time the registrant is released, the registrant's periodic registration requirements resume as provided under Regulation .04 of this chapter.

B. A registrant who is required to register in more than one registrant category shall comply with a single periodic registration requirement as provided under Regulation .06 of this chapter.

C. A registrant shall meet deadlines as directed by a local law enforcement unit or the Sex Offender Registry Unit in order to comply with periodic registration as established under this regulation.

D. A sexually violent predator shall periodically register by completing, signing, and mailing to a local law enforcement unit, within 10 days of receipt, an address verification and change of address form:

  (1) Every 90 days; and

  (2) For life.

E. A child sexual offender shall periodically register with a local law enforcement unit in the county in which the child sexual offender resides, or where a nonresident child sexual offender is employed or attends school:

  (1) Annually;

  (2) In person; and

  (3) For the term provided under Regulation .04 of this chapter.

F. A sexually violent offender and an offender shall periodically register by completing, signing, and mailing to the Sex Offender Registry Unit, within 10 days of receipt, an address verification and change of address form:

  (1) Annually; and

  (2) For the term provided under Regulation .04 of this chapter.

#### Regulation .11 Periodic Registration—Local Law Enforcement Unit.

*COMAR 12.06.01.11*

A. General.

  (1) A local law enforcement unit shall:

    (a) Establish a schedule for periodic registration for each child sexual offender and sexually violent predator; and

    (b) Maintain a copy of documents pertaining to periodic registration.

  (2) A local law enforcement unit shall notify the Sex Offender Registry Unit when:

    (a) A child sexual offender does not appear for annual registration as required under Regulation .10 of this chapter; or

    (b) A sexually violent predator does not return the address verification and change of address form as required under Regulation .10 of this chapter.

  (3) If a local law enforcement unit receives notice that a child sexual offender or sexually violent predator has changed address by moving:

    (a) Out of the local law enforcement unit's county, it shall delete the registrant from the periodic registration process; or

    (b) Into the local law enforcement unit's county, it shall add the registrant to the periodic registration process.

B. Periodic registration of a child sexual offender follows the same procedure established under Regulation .07 of this chapter.

C. Periodic Registration of a Sexually Violent Predator.

  (1) A local law enforcement unit shall send an address verification and change of address form to the last reported address of a sexually violent predator:

    (a) By certified mail, return receipt requested; and

    (b) Not later than 15 days before the periodic registration deadline for the registrant.

  (2) Within 5 business days of receiving a signed address verification and change of address form from a sexually violent predator, a local law enforcement unit shall send the address verification and change of address form to the Sex Offender Registry Unit and maintain a copy for local records.

#### Regulation .12 Periodic Registration—Sex Offender Registry Unit.

*COMAR 12.06.01.12*

A. The Sex Offender Registry Unit shall establish a schedule for periodic registration for each sexually violent offender and offender.

B. The Sex Offender Registry Unit shall send an address verification and change of address form to the last reported address of each sexually violent offender and offender:

  (1) By certified mail, return receipt requested; and

  (2) Not later than 15 days before the periodic registration deadline for the registrant.

#### Regulation .13 Change of Registrant's Address and Other Status.

*COMAR 12.06.01.13*

A. A registrant shall submit to the Sex Offender Registry Unit written notification within 7 days following a change of:

  (1) Registrant's address; or

  (2) A nonresident registrant's employment or school enrollment address.

B. In addition to the requirements of §A of this regulation, when a registrant changes the registrant's address to another state that has a registration requirement, the registrant shall:

  (1) Register with the designated law enforcement unit of the new state of residence and with the appropriate office of the Federal Bureau of Investigation within 7 days after the change; and

  (2) Comply with any registration requirement in the new state of residence.

C. When a resident registrant begins or changes employment or school enrollment in another state that has a registration requirement, the registrant shall:

  (1) Register with the designated local law enforcement unit of that state within 7 days after the change;

  (2) Comply with any registration requirement in the new state where employed or attending school; and

  (3) Maintain the periodic registration requirements in Maryland.

#### Regulation .14 Termination of Requirement to Register.

*COMAR 12.06.01.14*

A. When a registrant's 10-year term of registration terminates, the Sex Offender Registry Unit shall:

  (1) Remove the registrant from the central registry; and

  (2) Notify:

    (a) The registrant;

    (b) If applicable, the local law enforcement unit overseeing periodic registration;

    (c) The victim, if a victim notification request form is on file; and

    (d) Other appropriate agencies.

B. Early termination of a term of registration may be authorized by the Sex Offender Registry Unit upon submission, by the registrant, of one of the following:

  (1) A true test copy of the court order reversing, vacating, or setting aside the conviction underlying the registration;

  (2) A copy of a governor's pardon for the conviction underlying the registration;

  (3) A true test copy of a court order for expungement of the conviction underlying the registration; or

  (4) Documentation submitted by a nonresident registrant from an employer or place of school enrollment that the employment or school enrollment that required registration in this State has terminated.

C. If the Sex Offender Registry Unit receives a death certificate or published death notice concerning a registrant, it shall remove the registrant from the central registry and make notification under §A(2)(b)—(d) of this regulation.

#### Regulation .15 Dissemination of Registrant and Related Information.

*COMAR 12.06.01.15*

A. Confidentiality.

  (1) The identity of a victim of a crime that requires registration under Criminal Procedure Article, §§11-701—11-721, Annotated Code of Maryland, may not be released.

  (2) Information about an individual who receives a copy of a registration statement under Criminal Procedure Article, §11-715, Annotated Code of Maryland, may not be released.

  (3) A supervising authority, local law enforcement unit, and the Sex Offender Registry Unit shall maintain records of requests received under this regulation.

B. Protecting the Public from a Specific Registrant. If the Department or a local law enforcement unit finds that, to protect the public from a specific registrant, it is necessary to give notice of a registration statement to a particular person, then the Department or a local law enforcement unit shall give notice of the registration to that person.

C. Request for a Registration Statement.

  (1) A victim or witness who has filed a notification request form under Criminal Procedure Article, §11-104, Annotated Code of Maryland, shall receive:

    (a) A copy of a registration statement as established under Regulation .06E(2) of this chapter; and

    (b) Notice of subsequent changes of registrant's address or other status from the Sex Offender Registry Unit, unless the victim or witness notifies the Sex Offender Registry Unit to stop notification.

  (2) A request for a copy of one or more registration statements for a specific registrant:

    (a) May be directed to the Sex Offender Registry Unit, a supervising authority, or a local law enforcement unit; and

    (b) Subject to §C(3) of this regulation, be processed in 5 business days.

  (3) A request shall:

    (a) Be in writing;

    (b) Specify the registrant's name;

    (c) Include the requestor's name and mailing address; and

    (d) State the reason or reasons for the request.

  (4) A copy of a registration statement provided to a requestor includes a copy of the registrant's photograph, but may not include:

    (a) The registrant's fingerprints;

    (b) Information identifying a victim, including the victim's age;

    (c) A registrant's Social Security number; and

    (d) For a sexually violent predator, documentation of treatment received for a mental abnormality or personality disorder.

D. Central Registry.

  (1) The Department may make available to the public information about registration statements by posting on the Internet a current listing of each registrant's name, crime, and other identifying information.

  (2) A request for a photocopy of the central registry:

    (a) May be directed to the Sex Offender Registry Unit; and

    (b) Subject to §D(3) of this regulation, is processed in 5 business days.

  (3) A request shall:

    (a) Be in writing;

    (b) Include the requestor's name and mailing address;

    (c) State the reason or reasons for the request; and

    (d) Include the fee established under COMAR 12.11.02.13.

#### Regulation .16 Escape.

*COMAR 12.06.01.16*

A. If a registrant escapes from a correctional facility, the supervising authority of the facility shall immediately notify:

  (1) The local law enforcement unit in the county in which the registrant resided before the registrant was committed to the custody of the supervising authority; and

  (2) Individuals entitled to receive notice under Regulation .06 of this chapter.

B. If a registrant resided, before an escape, in an incorporated municipality having a police department, a local law enforcement unit shall forward notification from a supervising authority concerning a registrant's escape from a correctional facility, or return from escape, to the municipal police department.

C. As soon as possible but not later than 2 business days after learning of the registrant's recapture, the supervising authority of the facility shall notify the parties identified in §A of this regulation about the recapture.

#### Regulation .17 Duties of the Department.

*COMAR 12.06.01.17*

A. Reimbursement for Local Law Enforcement Unit.

  (1) The Department shall reimburse each local law enforcement unit designated under Regulation .07 of this chapter reasonable costs for:

    (a) Processing a registration statement;

    (b) Taking fingerprints and photographs; and

    (c) Implementing and maintaining community notification procedures.

  (2) The Department shall determine the amount of reimbursement to each local law enforcement unit.

  (3) The Department shall reimburse each local law enforcement unit annually at a rate of $200 for each registrant processed by the local law enforcement unit.

  (4) The Department shall reimburse each local law enforcement unit by October 31 for reimbursement requests received for the preceding fiscal year.

B. Reimbursement Procedures.

  (1) The Central Repository shall provide each local law enforcement unit a list of registrants processed by the local law enforcement unit within 5 working days of the first day of each fiscal year for registrants processed in the preceding fiscal year.

  (2) Each local law enforcement unit receiving a list under §B(1) of this regulation shall:

    (a) Compare the list with local records for processing registrants;

    (b) Identify and resolve discrepancies with the Central Repository; and

    (c) Submit a written request for reimbursement under this regulation to the Central Repository for the registrants processed during the preceding fiscal year.

  (3) A local law enforcement unit shall submit a reimbursement request under this regulation to the Central Repository by August 15 for all registrants processed during the preceding fiscal year.

  (4) When the Central Repository receives a request for reimbursement under this regulation, the Central Repository shall:

    (a) Before making reimbursement, review and verify that the local law enforcement unit processed the registrants for which the local law enforcement unit claims reimbursement;

    (b) If applicable, resolve discrepancies; and

    (c) Forward the reimbursement request to the Department's Division of Financial Services.

C. The Department shall periodically review and update this chapter with advice from the Criminal Justice Information Advisory Board.

#### Regulation .18 Enforcement.

*COMAR 12.06.01.18*

A. A registrant who violates the provisions of this chapter is subject to the penalties provided under Criminal Procedure Article, §11-721, Annotated Code of Maryland.

B. A registrant who changes residence to another state and fails to notify the new state of residence and the FBI may be subject to the penalties established under 42 U.S.C. §14072(g)(3) and(i).