PARRIS N. GLENDENING, Governor                             Ch. 754

(III) IS GRANTED PROBATION AFTER JUDGMENT;

(IV) IS GRANTED A SUSPENDED SENTENCE; OR

(V) RECEIVES A SENTENCE THAT DOES NOT INCLUDE A TERM OF
IMPRISONMENT.

(6) "SEXUALLY VIOLENT OFFENSE" MEANS?

(I) A VIOLATION OF ANY OF THE PROVISIONS OF § 462, (a) § 163, § 464,
§ 464A, § 464B, OR § 464F OF THIS ARTICLE;

(II) ASSAULT WITH INTENT TO COMMIT RAPE IN THE FIRST OR
SECOND DEGREE OR A SEXUAL OFFENSE IN THE FIRST OR SECOND DEGREE AS
PREVIOUSLY PROSCRIBED UNDER FORMER § 12 OF THIS ARTICLE; OR

(III) AN OFFENSE IN ANOTHER STATE THAT, IF COMMITTED IN THIS
STATE, WOULD CONSTITUTE A VIOLATION DESCRIBED IN ITEMS (I) OR (II) OF THIS
PARAGRAPH.

(7) "SEXUAL OFFENDER" MEANS A PERSON WHO:

(I) HAS BEEN CONVICTED OF A SEXUALLY VIOLENT OFFENSE;

(II) HAS BEEN CONVICTED OF AN ATTEMPT TO COMMIT A
SEXUALLY VIOLENT OFFENSE;

(III) HAS BEEN GRANTED PROBATION BEFORE JUDGMENT AFTER
BEING FOUND GUILTY OF A SEXUALLY VIOLENT OFFENSE AND HAS BEEN ORDERED
BY THE COURT, AS A CONDITION OF PROBATION, TO COMPLY WITH THE
REQUIREMENTS OF THIS SECTION;

(IV) HAS BEEN FOUND NOT CRIMINALLY RESPONSIBLE FOR A
SEXUALLY VIOLENT OFFENSE; OR

(V) HAS BEEN CONVICTED IN ANOTHER STATE OF AN OFFENSE
THAT, IF COMMITTED IN THIS STATE, WOULD CONSTITUTE A SEXUALLY VIOLENT
OFFENSE.

(8) "SUPERVISING AUTHORITY" MEANS:

(1) IF THE SEXUAL OFFENDER IS IN THE CUSTODY OF A FACILITY
OPERATED BY THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL
SERVICES, THE SECRETARY OF PUBLIC SAFETY AND CORRECTIONAL SERVICES;

(II) IF THE SEXUAL OFFENDER IS IN THE CUSTODY OF A LOCAL OR
REGIONAL DETENTION CENTER, EXCLUDING AN OFFENDER WHO IS PARTICIPATING
IN A HOME DETENTION PROGRAM, THE ADMINISTRATOR OF THE FACILITY;

(III) EXCEPT AS PROVIDED IN SUBPARAGRAPH (VII) OF THIS
PARAGRAPH, IF THE SEXUAL OFFENDER IS GRANTED PROBATION BEFORE
JUDGMENT, PROBATION AFTER JUDGMENT, OR A SUSPENDED SENTENCE, THE
COURT THAT GRANTED THE PROBATION OR SUSPENDED SENTENCE;

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