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Session Laws, 1997
Volume 795, Page 4284   View pdf image
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Ch. 754                                        1997 LAWS OF MARYLAND

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

(I) ANY EVIDENCE THAT THE COURT CONSIDERS APPROPRIATE TO
THE DETERMINATION OF WHETHER THE INDIVIDUAL IS A SEXUALLY VIOLENT
PREDATOR INCLUDING THE PRESENTENCING INVESTIGATION AND SEXUALLY VIOLENT
OFFENDER'S INMATE RECORD;

(II)    ANY EVIDENCE INTRODUCED BY THE PERSON CONVICTED; AND

(III)   AT THE REQUEST OF THE STATES ATTORNEY, ANY EVIDENCE
PRESENTED BY A VICTIM OF THE SEXUALLY VIOLENT OFFENSE

(4) THE STATES ATTORNEY MAY NOT REQUEST A COURT TO DETERMINE IF
A PERSON IS A SEXUALLY VIOLENT PREDATOR UNDER THIS SUBSECTION UNLESS THE
STATES ATTORNEY SERVES WRITTEN NOTICE OF INTENT TO MAKE THE REQUEST ON
THE DEFENDANT OR THE DEFENDANTS LAWYER AT LEAST 30 DAYS BEFORE TRIAL.

(c) (1) In this subsection, "resident" means a person who lives in this State at the
time the person:

(i)     Is released;

(ii)    Is granted probation before judgment:

(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.

(2) A [child sexual offender] REGISTRANT shall register with the [local law
enforcement agency] SUPERVISING AUTHORITY:

(i) If the [child sexual offender] REGISTRANT is a resident, [within 7
days after] ON OR BEFORE THE DATE THAT THE REGISTRANT:

1.       [Being] IS released;                                                 

2.        [Being] IS granted probation before judgment;

3.       [Being] IS granted probation after judgment;

4.       [Being] IS granted a suspended sentence; or         

5. [Receiving] RECEIVES a sentence that does not include a term
of imprisonment; or

(ii) If the [child sexual offender] REGISTRANT is not a resident, within 7
days after the earlier of THE DATE THAT THE REGISTRANT:

1. [Establishing] ESTABLISHES a temporary or permanent
residence in this State; or

2. [Applying] APPLIES for a driver's license in this State.

- 4284 -

 

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Session Laws, 1997
Volume 795, Page 4284   View pdf image
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