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ROBERT L. EHRLICH, JR., Governor
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Ch. 4
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(3) a crime committed in another state or in a federal, military, or Native
American tribal jurisdiction that, if committed in this State, would constitute one of
the crimes listed in item (1) or (2) of this subsection.
(h) "Sexually violent predator" means:
(1) a person who:
(i) is convicted of a sexually violent offense; and
(ii) has been determined in accordance with this subtitle to be at risk
of committing another sexually violent offense; or
(2) a person who is or was required to register every 90 days for life under
the laws of another state or a federal, military, or Native American tribal jurisdiction.
(i) "Supervising authority" means:
(1) the Secretary, if the registrant is in the custody of a correctional
facility operated by the Department;
(2) 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;
(3) the court that granted the probation or suspended sentence, except as
provided in item (12) of this subsection, if the registrant is granted probation before
judgment, probation after judgment, or a suspended sentence;
(4) the Director of the Patuxent Institution, if the registrant is in the
custody of the Patuxent Institution;
(5) the Secretary of Health and Mental Hygiene, if the registrant is in the
custody of a facility operated by the Department of Health and Mental Hygiene;
(6) 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;
(7) 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;
(8) the Secretary, if the registrant moves to this State and was convicted
in another state of a crime that would require the registrant to register if the crime was
committed in this State;
(9) the Secretary, if the registrant moves to this State from another state
where the registrant was required to register;
(10) the Secretary, if the registrant is convicted in a federal, military, or
Native American tribal court and is not under supervision by another supervising
authority;
- 81 -
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