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Ch. 554
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2002 LAWS OF MARYLAND
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(4) (i) This subsection does not prohibit access to and use of a court
record by a judicial officer who is authorized under the Maryland Rules to determine
a defendant's eligibility for pretrial release, counsel for the defendant, or the State's
Attorney if:
1. The individual who is the subject of the court record is
charged as an adult with an offense;
2. The access to and use of the court record is strictly limited
for the purpose of determining the defendant's eligibility for pretrial release; and
3. The court record concerns an adjudication of delinquency
that occurred within 3 years of the date the individual is charged as an adult.
(ii) The Court of Appeals may adopt rules to implement the
provisions of this paragraph.
(c) The court, on its own motion or on petition, and for good cause shown, may
order the court records of a child sealed, and, upon petition or on its own motion, shall
order them sealed after the child has reached 21 years of age. If sealed, the court
records of a child may not be opened, for any purpose, except by order of the court
upon good cause shown.
(d) This section does not prohibit access to or use of any juvenile record by the
Maryland Division of Parole and Probation or the Maryland Parole Commission when
the Division or the Commission is carrying out any of their statutory duties either at
the direction of a court of competent jurisdiction, or when the Maryland Parole
Commission is carrying out any of its statutory duties, if the record concerns a charge
or adjudication of delinquency.
(e) This section does not prohibit access to and use of any juvenile record by
the Maryland Division of Correction when the Division is carrying out any of its
statutory duties if: (1) the individual to whom the record pertains is committed to the
custody of the Division; and (2) the record concerns an adjudication of delinquency.
(f) Subject to the provisions of Article 83C, § 2-115 of the Code, this section
does not prohibit access to or use of any juvenile record for criminal justice research
purposes. A record used under this subsection may not contain the name of the
individual to whom the record pertains, or any other identifying information which
could reveal the individual's name.
(g) This section does not prohibit a victim or victim's representative who has
filed a notification request form from being notified of proceedings and events
involving the defendant or child as provided in this subtitle, the Criminal Procedure
Article, or Article 27 of the Code.
Article 83C - Juvenile Justice
2-103.
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(d) (1) The Secretary may employ a staff and retain consultants in
accordance with the State budget.
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- 4184 -
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