Ch. 312

1997 LAWS OF MARYLAND

[rape or] RAPE, sexual offense in the first or second [degree] DEGREE, OR
ATTEMPTED RAPE OR ATTEMPTED SEXUAL OFFENSE IN THE FIRST OR SECOND
DEGREE Evidence of specific instances of the victim's prior sexual conduct may be
admitted only if the judge finds the evidence is relevant and is material to a fact in issue
in the case and that its inflammatory or prejudicial nature does not outweigh its probative
value, and if the evidence is:

(1) Evidence of the victim's past sexual conduct with the defendant; or

(2) Evidence of specific instances of sexual activity showing the source or
origin of semen, pregnancy, disease, or trauma; or

(3) Evidence which supports a claim that the victim has an ulterior motive in
accusing the defendant of the crime; or

(4) Evidence offered for the purpose of impeachment when the prosecutor
puts the victim's prior sexual conduct in issue.

(b) Any evidence described in subsection (a) of this section, may not be referred
to in any statements to a jury nor introduced at trial without the court holding a prior in
camera hearing to determine the admissibility of the evidence. If new information is
discovered during the course of the trial that may make the evidence described in
subsection (a) admissible, the court may order an in camera hearing to determine the
admissibility of the proposed evidence under subsection (a).

616 1/2.

(k) If a defendant is charged with [stalking under § 121B of this article] A
CRIME, A FELONY. OR A DELINQUENT ACT COMMITTED BY A CHILD THAT WOULD
BE A FELONY IF COMMITTED BY AN ADULT and is released pretrial, the court,
JUVENILE INTAKE OFFICER, or District Court commissioner shall consider including as
a condition of release reasonable protections for the safety of the alleged victim.

700G.

(a) In this section, the term "predetermined parole release agreement" means an
agreement between the Commissioner of Correction, the Maryland Parole Commission,
and an inmate for release on parole of the inmate at a predetermined time if, during the
period of his confinement, he fulfills the conditions specified in the agreement.

(b) In accordance with Article 41, § 4-504, the Maryland Parole Commission may
negotiate and enter into a predetermined parole release agreement with an inmate under
the jurisdiction of the Commission. The agreement may provide for the release of the
inmate on parole at a predetermined time if, during the period of his confinement, the
inmate participates in the programs designated by the Commission and otherwise fulfills
the conditions specified in the agreement.

(c) This section does not affect any diminution of sentence earned under §§ 700,
700A, 718, and 725 of this article.

(D) (1) IF A VICTIM HAS FILED A NOTIFICATION REQUEST FORM UNDER §
770 OF THIS ARTICLE, THE MARYLAND PAROLE COMMISSION, IF PRACTICABLE
SHALL NOTIFY THE VICTIM, IN WRITING, AT LEAST 90 IN WRITING AT LEAST 60 90

- 2266 -