Gov. O’Malley introduces legislation to protect Marylanders from sexual predators
Today, Governor O’Malley announced a series of legislative initiatives targeted at protecting Maryland families from sexual predators and strict enforcement of sex offender laws, including lifetime supervision for certain sex offenses.
The Governor also announced legislation to reconstitute the Sexual Offender Advisory Board, and has asked former Maryland Attorney General Joseph Curran to serve as Chair.
Legislative initiatives aimed at protecting Maryland families:
Sexual Offenders – Lifetime Supervision
The bill requires that courts sentence certain serious sex offenders (convicted of first degree rape/attempt; second degree rape/attempt; first degree sexual offense/attempt; certain second and third degree sexual offenses; certain sexual abuse of a minor) and sexual offenders with multiple offenses to mandatory lifetime supervision. This lifetime supervision must be consecutive to any sentence or probationary term imposed for the underlying offense. The sentencing court must order a presentence investigation prior to imposing the conditions of this lifetime supervision, which may include GPS monitoring. The bill also provides for criminal penalties for violations and provides that any sentence imposed for a violation of lifetime supervision is not subject to dimunition credits.
The bill further provides that, following the original sentence and an additional three years of lifetime supervision, a person may petition the sentencing court for discharge from this supervision. In order to file a petition, a person must have a recommendation from their supervising agent and a risk assessment conducted by a sexual offender treatment provider. A sentencing court may not discharge a person from lifetime supervision unless there is a finding that the person no longer poses an unacceptable risk to community safety.
Sexual Offender Advisory Board
This bill reconstitutes the Sexual Offender Advisory Board to be compromised of persons with specialized knowledge of sex offenders so that the Board can effectively make policy recommendations on how to best manage sex offenders and protect the public. The bill also alters the charge of the Board, directing the Board to: review the laws and practices in Maryland, including our registration requirements; work with the Judiciary to develop risk-assessment criteria for the lifetime supervision offenders; make recommendations for the treatment and management of sex offenders; develop standards for a statewide certification process for sexual offender treatment providers; and make recommendations regarding the training of sexual offender management teams.
Criminal Procedure - Sex Offenders - Notification and Registration
This proposal would bring the State into compliance with the federal Sex Offender Registration and Notification Act (SORNA) (also known as the Adam Walsh Act), which creates minimum standards for sex offender registration. States have been given until July 2010 to come into “substantial” compliance or risk the loss of Byrne grant funds. The most significant changes include: making the registration requirements retroactive; re-classifying the sex offense categories; and requiring juvenile offenders to register publicly if convicted in adult court or if adjudicated delinquent for serious sexual offenses and at least 14 years of age.
Sexual Offender Registration – Indecent Exposure and Possession of Child Pornography
This bill would allow a judge to order a person convicted of (1) possession of child pornography; or (2) indecent exposure in the presence of a minor to register as a sexual offender. Currently, these crimes are not included on the Maryland registry and judges have no authority to order an offender to register for these offenses.
Registration of Sexual Offenders – Continuing Course of Conduct
This bill adds the crime of Continuing Course of Conduct with Child to the category of offenses for which a sexual offender, under certain circumstances, must register for life. The elements of the crime of “Continuing Course of Conduct” are: the commission of one or more of the following crimes at least three times over the course of 90 days to a child under the age of 14: first degree Rape; second degree Rape; first degree Sex Offense; second degree Sex Offense; third degree Sex Offense. Under current law, a conviction for any of the offenses, against a child under the age of 15, requires lifetime registration as a Child Sexual Offender. However, a conviction for Continuing Course of Conduct (three of these acts) gives a judge the discretion to order registration, but only 10 years as an Offender. This bill would remedy the inconsistency in the law and require similar registration guidelines for individuals who commit equally violent sex offenses.
Criminal Background Investigations – Employees of Facilities and Other Individuals that Care for or Supervise Children
This bill expands the categories of individuals who will be required to have a State and Federal background check. It requires background checks for employees of private entities running recreation centers as well as for employees of home health or residential service agencies licensed to provide home or community based health services for minors.
Permalink | Comments | Post to Facebook Digg This Tweet This Post to Technorati
Tags: 2010 Legislative Session
blog comments powered by Disqus
The effects of the nation's economic hardship are hitting Maryland hard. We're fighting every day to protect Maryland’s families during these tough economic times. We’re also working every day to make sure that government and its programs work for people.
