H.B. 343

VETOES

(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; OR

(VII) IF THE OFFENDER REGISTRANT 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 PRORATION 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 STATES ATTORNEY AMY REQUEST THE COURT TO DETERMINE BEFORE
SENTENCING WHETHER THE PERSON IS A SEXUALLY VIOLENT PREDATOR

(2) IF THE STATE'S ATTORNEY MAKES A REQUEST UNDER PARAGRAPH (I)
OF THIS SUBSECTION THE COURT SHALL DETERMINE BEFORE SENTENCING WHETHER
THE PERSON IS A SEXUALLY VIOLENT PREDATOR.

(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
OFFENDERS INMATE RECORD;

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

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

(4) THE STATE'S 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 COUNSEL AT LEAST 30 DAYS BEFORE TRIAL.

(b) (1) Subject to paragraph (2) of this subsection, on the earlier of the date
that the [child] sexual offender is released, is granted probation before judgment, is
granted probation after judgment, is granted a suspended sentence, or receives a sentence
that does not include a term of imprisonment the supervising authority shall send written
notice of the release of the [child] sexual offender to the local law enforcement agency
in the county where the SEXUAL offender will reside.

(2) A written notice required under paragraph (1) of this subsection shall
include:

(i) The full name of the [child] sexual offender;
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