PARRIS N. GLENDENING, Governor                             Ch. 754

(II) "RELEASE" INCLUDES RELEASE ON PAROLE, MANDATORY

SUPERVISION, WORK RELEASE, AND ANY TYPE OF TEMPORARY LEAVE OTHER THAN
LEAVE THAT IS GRANTED ON AN EMERGENCY BASIS.

(III) "RELEASE" DOES NOT INCLUDE AN ESCAPE.

(6) (5) "SEXUALLY VIOLENT OFFENSE" MEANS:

(I) A VIOLATION OF ANY OF THE PROVISIONS OF § 462, § 463, § 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) (6) "SEXUALLY VIOLENT PREDATOR" MEANS A PERSON WHO:

(I) 1. HAS BEEN CONVICTED OF A SEXUALLY VIOLENT
OFFENSE;

2. HAS BEEN CONVICTED OF AN ATTEMPT TO COMMIT A
SEXUALLY VIOLENT OFFENSE;

3. 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;

4. HAS BEEN FOUND NOT CRIMINALLY RESPONSIBLE FOR A
SEXUALLY VIOLENT OFFENSE; OR

5. HAS BEEN CONVICTED IN ANOTHER STATE OF AN
OFFENSE THAT, IF COMMITTED IN THE STATE, WOULD CONSTITUTE A SEXUALLY
VIOLENT OFFENSE; AND

(II) SUFFERS FROM A MENTAL ABNORMALITY OR PERSONALITY
DISORDER THAT MAKES THE PERSON LIKELY TO COMMIT A SEXUALLY VIOLENT
OFFENSE HAS BEEN DETERMINED IN ACCORDANCE WITH TIE MARYLAND RULES
TO BE AT RISK OF COMMITTING A SUBSEQUENT SEXUALLY VIOLENT OFFENSE FOR
THE PRIMARY PURPOSE OF VICTIMIZATION.

(8) (7) "SUPERVISING AUTHORITY' MEANS:

(I) IF THE SEXUALLY VIOLENT PREDATOR 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;

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