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ROBERT L. EHRLICH, JR., Governor Ch. 10
(4) (i) This subsection does not prohibit access to and use of a court
record by a judicial officer who is authorized under the Maryland Rules to determine
a defendant's eligibility for pretrial release, counsel for the defendant, or the State's
Attorney if:
1. The individual who is the subject of the court record is
charged as an adult with an offense;
2. The access to and use of the court record is strictly limited
for the purpose of determining the defendant's eligibility for pretrial release; and
3. The court record concerns an adjudication of delinquency
that occurred within 3 years of the date the individual is charged as an adult.
(ii) The Court of Appeals may adopt rules to implement the
provisions of this paragraph.
(5) (I) THIS SUBSECTION DOES NOT PROHIBIT ACCESS TO AND
CONFIDENTIAL USE OF A COURT RECORD BY A LOCAL THE BALTIMORE CITY HEALTH
DEPARTMENT:
(I) 1. IF THE LOCAL BALTIMORE CITY HEALTH DEPARTMENT IS
PROVIDING TREATMENT OR CARE TO A CHILD WHO IS THE SUBJECT OF THE RECORD,
FOR A PURPOSE RELEVANT TO THE PROVISION OF THE TREATMENT OR CARE; OR
(II) 2. IF THE RECORD CONCERNS A CHILD VICTIM OF A CRIME
OF VIOLENCE, AS DEFINED IN § 14-101 OF THE CRIMINAL LAW ARTICLE, WHO IS A
CHILD RESIDING IN BALTIMORE CITY FOR THE PURPOSE OF DEVELOPING
APPROPRIATE PROGRAMS AND POLICIES AIMED AT REDUCING VIOLENCE AGAINST
CHILDREN IN BALTIMORE CITY.
(II) 1. THE BALTIMORE CITY HEALTH DEPARTMENT SHALL BE
LIABLE FOR THE UNAUTHORIZED RELEASE OF A COURT RECORD UNDER THIS
PARAGRAPH.
2. WITHIN 180 DAYS AFTER THE BALTIMORE CITY HEALTH
DEPARTMENT ACCESSES A COURT RECORD UNDER THIS PARAGRAPH, THE
BALTIMORE CITY HEALTH DEPARTMENT SHALL SUBMIT A REPORT TO THE COURT
DETAILING THE PURPOSES FOR WHICH THE RECORD WAS USED.
(c) The court, on its own motion or on petition, and for good cause shown, may
order the court records of a child sealed, and, upon petition or on its own motion, shall
order them sealed after the child has reached 21 years of age. If sealed, the court
records of a child may not be opened, for any purpose, except by order of the court
upon good cause shown.
(d) This section does not prohibit access to or use of any juvenile record by the
Maryland Division of Parole and Probation or the Maryland Parole Commission when
the Division or the Commission is carrying out any of their statutory duties either at
the direction of a court of competent jurisdiction, or when the Maryland Parole
Commission is carrying out any of its statutory duties, if the record concerns a charge
or adjudication of delinquency.
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