Maryland Code, CRIMINAL PROCEDURE 11-704
Terms Used In Maryland Code, CRIMINAL PROCEDURE 11-704
- Adult: means an individual at least 18 years old. See
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- including: means includes or including by way of illustration and not by way of limitation. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- minor: means an individual under the age of 18 years. See
- 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
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(1) a tier I sex offender;
(2) a tier II sex offender;
(3) a tier III sex offender; or
(4) a sex offender who is required to register by another jurisdiction, a federal, military, or tribal court, or a foreign government, and who is not a resident of this State, and who enters this State:
(i) to begin residing or to habitually live;
(ii) to carry on employment;
(iii) to attend a public or private educational institution, including a secondary school, trade or professional institution, or institution of higher education, as a full-time or part-time student; or
(iv) as a transient.
(b) Notwithstanding any other provision of law, a person is no longer subject to registration under this subtitle if:
(1) the underlying conviction requiring registration is reversed, vacated, or set aside; or
(2) the registrant is pardoned for the underlying conviction.
(c) (1) A person who has been adjudicated delinquent for an act that, if committed by an adult, would constitute a violation of § 3-303 or § 3-304 of the Criminal Law Article, § 3-305 or § 3-306 of the Criminal Law Article as the sections existed before October 1, 2017, or § 3-307(a)(1) or (2) or § 3-308(b)(1) of the Criminal Law Article involving conduct described in § 3-301(e)(2) of the Criminal Law Article, shall register with the person’s supervising authority if:
(i) the person was a minor who was at least 13 years old at the time the delinquent act was committed;
(ii) the State’s Attorney or the Department of Juvenile Services requests that the person be required to register;
(iii) 90 days prior to the time the juvenile court’s jurisdiction over the person terminates under § 3-8A-07 of the Courts Article, the court, after a hearing, determines under a clear and convincing evidence standard that the person is at significant risk of committing a sexually violent offense or an offense for which registration as a tier II sex offender or tier III sex offender is required; and
(iv) the person is at least 18 years old.
(2) If the person has committed a delinquent act that would cause the court to make a determination regarding registration under paragraph (1) of this subsection:
(i) the State’s Attorney shall serve written notice to the person or the person’s counsel at least 30 days before a hearing to determine if the person is required to register under this section; and
(ii) the Department of Juvenile Services shall:
1. provide the court with any information necessary to make the determination; and
2. conduct any follow-up the court requires.
(3) The form of petitions and all other pleadings under this subsection and, except as otherwise provided under Title 3 of the Courts Article, the procedures to be followed by the court under this subsection shall be specified in the Maryland Rules.
(4) The court may order an evaluation of the person in making the determination under paragraph (1) of this subsection.