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2007 Laws of Maryland
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Ch. 601
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FOR the purpose of requiring a court, unless there is a certain' waiver, before
sentencing a certain defendant under certain circumstances, to order that the
defendant submit to a presentence investigation conducted by the Division of
Parole and Probation and a mental health evaluation conducted by a certain
individual employed or engaged by the Department of Health and Mental
Hygiene; requiring a court to consider the presentence investigation and mental
health evaluation when sentencing the defendant; and generally relating to
evaluation and sentencing of sexual offenders.
BY adding to
Article — Criminal Procedure
Section 11-727
Annotated Code of Maryland
(2001 Volume and 2006 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Criminal Procedure
11-727.
(A) UNLESS WAIVED BY THE STATE'S ATTORNEY AND DEFENSE
COUNSEL, BEFORE SENTENCING A DEFENDANT WHO HAS BEEN CONVICTED OF A
CRIME FOR WHICH THE DEFENDANT IS REQUIRED TO REGISTER UNDER §
11-704 OF THIS SUBTITLE FOR A VIOLATION OF § 3-602 OF THE CRIMINAL LAW
ARTICLE, THE COURT SHALL ORDER THE DEFENDANT TO SUBMIT TO:
(1) A PRESENTENCE INVESTIGATION CONDUCTED BY THE
DIVISION OF PAROLE AND PROBATION; AND
(2) A MENTAL HEALTH ASSESSMENT, INCLUDING WHETHER THE
DEFENDANT IS A DANGER TO SELF OR OTHERS, CONDUCTED BY A QUALIFIED
MENTAL HEALTH PROFESSIONAL EMPLOYED OR ENGAGED BY THE
DEPARTMENT OF HEALTH AND MENTAL HYGIENE.
(B) THE COURT SHALL CONSIDER THE PRESENTENCE INVESTIGATION
AND MENTAL HEALTH EVALUATION WHEN SENTENCING THE DEFENDANT.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2007.
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Approved by the Governor, May 17, 2007.
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- 3844 -
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