(VI) IF THE REGISTRANT'S SENTENCE DOES NOT INCLUDE A TERM
OF IMPRISONMENT, THE COURT IN WHICH THE REGISTRANT WAS CONVICTED;
(VII) IF THE REGISTRANT IS FN 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;
(VIII) IF THE REGISTRANT MOVES TO THIS STATE AND WAS
CONVICTED IN ANOTHER STATE OF AN OFFENSE THAT WOULD REQUIRE THE
INDIVIDUAL TO REGISTER IF THE OFFENSE WAS COMMITTED IN THIS STATE, THE
SECRETARY OF PUBLIC SAFETY AND CORRECTIONAL SERVICES;
(IX) IF THE REGISTRANT MOVES TO THIS STATE FROM ANOTHER
STATE WHERE THE INDIVIDUAL WAS REQUIRED TO REGISTER, THE SECRETARY OF
PUBLIC SAFETY AND CORRECTIONAL SERVICES;
(X) IF THE REGISTRANT IS NOT A RESIDENT OF THIS STATE, THE
SECRETARY OF PUBLIC SAFETY AND CORRECTIONAL SERVICES; OR
(XI) 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 AN
INDIVIDUAL IS CONVICTED OF A SECOND OR SUBSEQUENT SEXUALLY VIOLENT
OFFENSE, THE STATE'S ATTORNEY MAY REQUEST THE COURT TO DETERMINE
BEFORE SENTENCING WHETHER THE INDIVIDUAL IS A SEXUALLY VIOLENT
PREDATOR
(2) IF THE STATE'S ATTORNEY MAKES A REQUEST UNDER PARAGRAPH
(1) OF THIS SUBSECTION, THE COURT SHALL DETERMINE BEFORE OR AT
SENTENCING WHETHER THE INDIVIDUAL 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 OFFENDER'S INMATE RECORD;
(II) ANY EVIDENCE INTRODUCED BY THE INDIVIDUAL 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 AN INDIVIDUAL IS A SEXUALLY VIOLENT PREDATOR UNDER THIS SUBSECTION
UNLESS THE STATE'S ATTORNEY SERVES WRITTEN NOTICE OF INTENT TO MAKE THE
REQUEST ON THE DEFENDANT OR THE DEFENDANTS LAWYER AT LEAST 30 DAYS
BEFORE TRIAL.
|