Section 11-724 - Lifetime sexual offender supervision - Violations. - Maryland Statutes

§ 11-724. Lifetime sexual offender supervision - Violations.
 

(a)  Knowing or willful violation prohibited.- A person subject to lifetime sexual offender supervision may not knowingly or willfully violate the conditions of the lifetime sexual offender supervision imposed under § 11-723 of this subtitle. 

(b)  Penalty.- 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 violation not subject to diminution credits.- Imprisonment for a lifetime sexual offender supervision violation is not subject to diminution credits. 

(d)  Discharge from supervision.-  

(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)  Powers of court during period of supervision.- 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)  Petition for discharge.-  

(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. 
 

[2006 Sp. Sess., ch. 4; 2010, chs. 176, 177.]