Maryland Code, CRIMINAL PROCEDURE 11-724
Terms Used In Maryland Code, CRIMINAL PROCEDURE 11-724
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Conviction: A judgement of guilt against a criminal defendant.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
(b) A person who violates any conditions imposed under § 11-723 of this subtitle:
(1) for a first offense, is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both; and
(2) for a second or subsequent offense, is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
(c) Imprisonment for a lifetime sexual offender supervision violation is not subject to diminution credits.
(d) (1) A violation of subsection (a) of this section does not discharge a person from lifetime sexual offender supervision.
(2) On release from a sentence imposed under subsection (b) of this section, a person remains on lifetime sexual offender supervision, subject to the original terms of supervision, until discharged under subsection (f) of this section.
(e) During the period of lifetime sexual offender supervision, the court may:
(1) remand the person to a correctional facility or release the person with or without bail pending the hearing or determination of a charge of violation of a condition of lifetime sexual offender supervision; and
(2) if the court finds that the person committed a violation of a condition of supervision, impose a sentence as prescribed in subsection (b) of this section.
(f) (1) The sentencing court shall hear and adjudicate a petition for discharge from lifetime sexual offender supervision.
(2) A person may file a petition for discharge after serving at least 5 years of extended sexual offender supervision.
(3) If a petition for discharge is denied, a person may not renew the petition for a minimum of 1 year.
(4) A petition for discharge shall include:
(i) a risk assessment of the person conducted by a sexual offender treatment provider within 3 months before the date of the filing of the petition; and
(ii) a recommendation regarding the discharge of the person from the sexual offender management team.
(5) (i) The sentencing court may not deny a petition for discharge without a hearing.
(ii) The court may not discharge a person from lifetime sexual offender supervision unless the court makes a finding on the record that the petitioner is no longer a danger to others.
(6) (i) The judge who originally imposed the lifetime sexual offender supervision shall hear a petition for discharge.
(ii) If the judge has been removed from office, has died or resigned, or is otherwise incapacitated, another judge may act in the matter.