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PARRIS N. GLENDENING, Governor Ch. 61
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(iv) Is granted a suspended sentence; or
(v) Receives a sentence that does not include a term of
imprisonment.
(10) "Sexually violent offender" means an individual who;
(i) Has been convicted of a sexually violent offense;
(ii) Has been convicted of an attempt to commit a sexually violent
offense; or
(iii) Has been convicted in another state, or in a federal, military, or
Native American tribal court, of an offense that, if committed in this State, would
constitute a sexually violent offense.
(11) "Sexually violent offense" means:
(i) A violation of any of the provisions of § 462, § 463, § 464, § 464A,
§ 464B, or § 464F of this article; or
(ii) Assault with intent to commit rape in the first or second degree
or a sexual offense in the first or second degree as previously proscribed under former
§ 12 of this article.
(12) "Sexually violent predator" means an individual 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.
(13) "Supervising authority" means:
(i) If the 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 registrant is in the custody of a local or regional detention
center, including a registrant who is participating in a home detention program, the
administrator of the facility;
(iii) Except as provided in item (xi) 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 registrant is in the custody of the Patuxent Institution,
the Director of the Patuxent Institution;
(v) If the registrant is in the custody of a facility operated by the
Department of Health and Mental Hygiene, the Secretary of Health and Mental
Hygiene;
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- 471 -
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