PARRIS N. GLENDENING, Governor                             Ch. 754

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

(11) "SEXUALLY VIOLENT PREDATOR" MEANS A PERSON WHO:

(I) IS CONVICTED OF A SECOND OR SUBSEQUENT SEXUALLY
VIOLENT OFFENSE; AND

(II) HAS BEEN DETERMINED IN ACCORDANCE WITH THIS SECTION TO
BE AT RISK OF COMMITTING A SUBSEQUENT SEXUALLY VIOLENT OFFENSE.

[(5)](12) "Supervising authority" means:

(i) If the [child sexual offender] REGISTRANT 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 [child sexual offender] REGISTRANT is in the custody of a local
or regional detention center, including an offender who Is participating in a home detention
program, the administrator of the facility,-

(iii) [If the child sexual offender] EXCEPT AS PROVIDED IN ITEM (VIII)
OF THIS PARAGRAPH, IF THE REGISTRANT is granted probation before judgment, probation
after judgment, or a suspended sentence, the court that granted the probation or suspended
sentence;

(iv) If the [child sexual offender] REGISTRANT is in the custody of the
Patuxent Institution, the Director of the Patuxent Institution;

(v) If the [child sexual offender] REGISTRANT 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 the [child sexual offender's] REGISTRANTS sentence does not
include a term of imprisonment, the court in which the offender was convicted;

(VII)  IF THE OFFENDER IS IN THE STATE UNDER THE TERMS AND
CONDITIONS OF THE INTERSTATE COMPACT AGREEMENTS UNDER ARTICLE 41, §§ 4-801
AND 4-1201 THROUGH 4-1211 OF THE CODE, THE SECRETARY OF PUBLIC SAFETY AND
CORRECTIONAL SERVICES; OR

(VIII) IF THE REGISTRANT IS UNDER THE SUPERVISION OF THE DIVISION
OF PAROLE AND PROBATION, THE DIRECTOR OF PAROLE AND PROBATION

(B) (1) SUBJECT TO PARAGRAPHS (3) AND (4) OF THIS SUBSECTION, IF A
PERSON IS CONVICTED OF A SECOND OR SUBSEQUENT SEXUALLY VIOLENT OFFENSE
THE STATE'S ATTORNEY MAY REQUEST THE COURT TO DETERMINE BEFORE
SENTENCING WHETHER THE PERSON IS A SEXUALLY VIOLENT PREDATOR

(2) IF THE STATES ATTORNEY MAKES A REQUEST UNDER PARAGRAPH (1)
OF THIS SUBSECTION THE COURT SHALL DETERMINE BEFORE OR AT SENTENCING
WHETHER THE PERSON IS A SEXUALLY VIOLENT PREDATOR

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