(a) Subject to § 26-505 of this subtitle, an institution of higher education may make inquiries into and consider information about a student’s criminal history for the purpose of:

(1) Making decisions regarding access to campus residency; or

(2) Offering supportive counseling or services to help rehabilitate and educate the student on barriers a criminal record may present.

(b) (1) Subject to paragraph (2) of this subsection, in making inquiries or considering information under this section, an institution of higher education may not automatically or unreasonably restrict a student’s access to campus residency based on that student’s criminal history.

(2) An institution of higher education may develop a process for determining or restricting access to campus residency for a student who has been convicted of:

(i) A sexual crime under Title 3, Subtitle 3 of the Criminal Law Article;

(ii) A crime of violence under Title 14 of the Criminal Law Article; or

(iii) A substantially similar crime in another state.