Ch. 754

1997 LAWS OF MARYLAND

(II) IF THE SEXUALLY VIOLENT PREDATOR IS IN THE CUSTODY OF
A LOCAL OR REGIONAL DETENTION CENTER, INCLUDING AN OFFENDER WHO IS
PARTICIPATING IN A HOME DETENTION PROGRAM, TIE ADMINISTRATOR OF THE
FACILITY;

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

(IV) IF THE SEXUALLY VIOLENT PREDATOR IS IN THE CUSTODY OF
THE PATUXENT INSTITUTION, THE DIRECTOR OF THE PATUXENT INSTITUTION;

(V) IF THE SEXUALLY VIOLENT PREDATOR IS IN THE CUSTODY OF
A FACILITY OPERATED BY THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE,
THE SECRETARY OF HEALTH AND MENTAL HYGIENE; OR

(VI) IF TIE SEXUALLY VIOLENT PREDATOR'S SENTENCE DOES NOT
INCLUDE A TERM OF IMPRISONMENT, TIE COURT IN WHICH THE OFFENDER WAS
CONVICTED; OR

(VII) IF THE SEXUAL OFFENDER IS UNDER THE SUPERVISION OF
TIE DIVISION OF PAROLE AND PROBATION, THE DIRECTOR OF PAROLE AND
PROBATION.

(B) (1) SUBJECT TO PARAGRAPH (2) (3) OF THIS SUBSECTION, IF A PERSON IS
CONVICTED OF A SEXUALLY VIOLENT OFFENSE, THE STATE'S ATTORNEY MAY
REQUEST TIE COURT TO DETERMINE PRIOR TO SENTENCING THE SENTENCING
COURT SHALL DETERMINE WHETHER THE PERSON IS A SEXUALLY VIOLENT
PREDATOR BEFORE TIE OFFENDER IS RELEASED.

(2) THE SUPERVISING AUTHORITY SHALL NOTIFY THE SENTENCING
COURT OF THE RELEASE OF A SEXUALLY VIOLENT OFFENDER IN SUFFICIENT TIME
FOR THE COURT TO MAKE A DETERMINATION UNDER PARAGRAPH (1) OF THIS
SUBSECTION. WHENEVER POSSIBLE, TIE SUPERVISING AUTHORITY SHALL NOTIFY
THE SENTENCING COURT AT LEAST 6 MONTHS BEFORE THE RELEASE OF A
SEXUALLY VIOLENT OFFENDER.

(3) IN MAKING A DETERMINATION UNDER PARAGRAPH (1) OF THIS
SUBSECTION, THE COURT SHALL CONSIDER:

(I) AN EVALUATION OF THE PERSON BY TWO EXPERTS IN TIE
TREATMENT OF SEXUAL OFFENDERS, AS DESIGNATED BY TIE COURT ANY
EVIDENCE THAT THE COURT CONSIDERS APPROPRIATE TO THE DETERMINATION
OF WHETHER THE INDIVIDUAL IS A SEXUALLY VIOLENT PREDATOR, INCLUDING
TIE PRESENTENCING INVESTIGATION AND TIE OFFENDER'S INMATE RECORD;

(II) ANY EVIDENCE, INCLUDING EXPERT TESTIMONY,

INTRODUCED BY THE PERSON CONVICTED; AND

(III) AT TIE REQUEST OF TIE STATE'S ATTORNEY, ANY EVIDENCE
PRESENTED BY A VICTIM OF TIE SEXUALLY VIOLENT OFFENSE.

- 4272 -