2013 Maryland Code
PUBLIC SAFETY
§ 1-401 - General consideration


MD Pub Safety Code § 1-401 (2013) What's This?

§1-401.

(a) There is a Sexual Offender Advisory Board.

(b) The Board consists of the following members:

(1) the Secretary of Public Safety and Correctional Services, or the Secretary’s designee;

(2) the Secretary of Health and Mental Hygiene, or the Secretary’s designee;

(3) the Secretary of Juvenile Services, or the Secretary’s designee;

(4) a representative of the Department of Public Safety and Correctional Services, designated by the Secretary of Public Safety and Correctional Services;

(5) the Chairman of the Maryland Parole Commission, or the Chairman’s designee;

(6) the Director of the Maryland Criminal Justice Information System Central Repository, or the Director’s designee;

(7) the Executive Director of the Mental Hygiene Administration of the Department of Health and Mental Hygiene, or the Executive Director’s designee;

(8) the Secretary of State Police, or the Secretary’s designee;

(9) the Executive Director of the Governor’s Office of Crime Control and Prevention, or the Executive Director’s designee;

(10) the following members, appointed by the Governor:

(i) a representative from a victims’ advocacy organization or victim service provider with recognized expertise in sexual abuse and victimization;

(ii) a licensed mental health professional with recognized expertise in the treatment of sexual offenders;

(iii) a State’s Attorney with expertise in the prosecution of sexual and child abuse crimes;

(iv) an assistant public defender with expertise in the defense of sexual and child abuse crimes;

(v) a representative of a local law enforcement unit with expertise in the investigation of sexual and child abuse crimes;

(vi) a representative from a child advocacy center with recognized expertise in sexual abuse and victimization; and

(vii) two citizen members.

(c) (1) The term of a member appointed by the Governor is 4 years.

(2) The terms of the appointed members are staggered as required by the terms provided for members of the Board on October 1, 2010.

(3) At the end of a term an appointed member continues to serve until a successor is appointed and qualifies.

(4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(5) A member whose term has expired may be reappointed to the Board.

(d) A Board member:

(1) may not receive compensation for serving on the Board; but

(2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(e) The Governor shall select a chairman from among the Board’s members.

(f) (1) A majority of the Board’s members constitutes a quorum.

(2) The Board may adopt rules for conducting business.

(3) The Board shall meet at least twice annually at the times and places determined by the Board.

(g) The Board shall:

(1) in collaboration with the Division of Parole and Probation, develop criteria for measuring a person’s risk of reoffending to assist the court in determining whether a person may be appropriately released from supervision under §§ 11-723 and 11-724 of the Criminal Procedure Article;

(2) review the effectiveness of the State’s laws and practices concerning sexual offenders, including:

(i) sexual offender registration and monitoring requirements; and

(ii) community notification requirements;

(3) review the laws and practices of other states and jurisdictions concerning sexual offenders;

(4) review practices and procedures of the Maryland Parole Commission and the Division of Parole and Probation concerning supervision and monitoring of sexual offenders;

(5) review developments and make recommendations for the treatment, management, and assessment of sexual offenders, including:

(i) existing and emerging technology for the tracking of sexual offenders;

(ii) civil commitment of sexual offenders;

(iii) existing and emerging technology for the treatment of sexual offenders; and

(iv) best practices for lowering recidivism rates and protecting the public;

(6) develop standards for the certification of sexual offender treatment providers based on current and evolving evidence-based practices and make recommendations for a statewide certification process;

(7) make recommendations to the Division of Parole and Probation for training sexual offender management teams; and

(8) consider ways to increase cooperation among states with regard to sexual offender registration and monitoring.

(h) On or before December 31, 2010, and every year thereafter, the Board shall report the findings and recommendations of the Board to the Governor and, in accordance with § 2-1246 of the State Government Article, the General Assembly.

(i) Each unit of State and local government shall cooperate with the Board.

(j) The Department of Public Safety and Correctional Services shall provide staff to the Board.

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