Md. Code Regs. 12.06.01.02

Current through Register Vol. 51, No. 10, May 17, 2024

Section 12.06.01.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Absconder" means the status of a registrant when the Sex Offender Registry Unit determines that:

(a) The registrant has not registered in accordance with Criminal Procedure Article, §§ 11-701 -11-721, Annotated Code of Maryland; or

(b) The registrant's address is not current.

(2) "Address verification and change of address form" means a document:

(a) Used for the periodic registration of a sexually violent predator, sexually violent offender, and offender under Criminal Procedure Article, § 11-711, Annotated Code of Maryland; and

(b) That may be used to communicate a change of address by a sexually violent predator, child sexual offender, sexually violent offender, and offender to the Sex Offender Registration Unit and local law enforcement.

(3) "Central registry" means information maintained by the Department's Sex Offender Registry Unit concerning registrants who are required to register under Criminal Procedure Article, §§ 11-701 -11-721, Annotated Code of Maryland.

(4) "Child sexual offender" has the meaning stated in Criminal Procedure Article, § 11-701(b), Annotated Code of Maryland.

(5) "Convicted" has the meaning stated in Criminal Procedure Article, § 11-702, Annotated Code of Maryland.

(6) "County" means a Maryland county or Baltimore City.

(7) "County superintendent" has the meaning stated in Education Article, § 1-101, Annotated Code of Maryland.

(8) "Department" means the Department of Public Safety and Correctional Services.

(9) "Incarceration" means confinement to a State or local correctional facility because of a conviction, sentencing, and commitment.

(10) "Local law enforcement unit" has the meaning stated in Criminal Procedure Article, § 11-701(c), Annotated Code of Maryland.

(11) "90 days" means 3 months.

(12) "Nonresident registrant" means an individual who:

(a) Is required to register in another state;

(b) Is not a resident of the State; and

(c) Enters the State for the purpose of full-time or part-time employment or to attend any public or private educational institution as described in Criminal Procedure Article, § 11-704(7), Annotated Code of Maryland.

(13) "Notice of responsibility" means the form used to notify a registrant of the requirements of registration under Criminal Procedure Article, §§ 11-701 -11-721, Annotated Code of Maryland.

(14) "Notice of registration for child sexual offenders" means a:

(a) Form completed by a local law enforcement unit with information provided by a child sexual offender under Criminal Procedure Article, § 11-707(a)(1), Annotated Code of Maryland; and

(b) Written notification that a child sexual offender has registered with a local law enforcement unit under Criminal Procedure Article, § 11-705(c), Annotated Code of Maryland.

(15) "Offender" has the meaning stated in Criminal Procedure Article, § 11-701(d), Annotated Code of Maryland.

(16) "Offense" means a crime for which a conviction would require the individual to register under Criminal Procedure Article, §§ 11-701 -11-721, Annotated Code of Maryland.

(17) "Periodic registration" means the subsequent registration required under Criminal Procedure Article, § 11-707(a)(1) -(3), Annotated Code of Maryland, during a term of registration.

(18) "Registrant" means an individual who is required to register under Criminal Procedure Article, §§ 11-701 -11-721, Annotated Code of Maryland, in one or more of the following categories:

(a) Child sexual offender;

(b) Offender;

(c) Sexually violent offender; and

(d) Sexually violent predator.

(19) Registrant's Address.

(a) "Registrant's address" means the physical location in the community, including a homeless shelter, where a registrant regularly sleeps.

(b) "Registrant's address" includes the street and street number, apartment number if applicable, city, state, and zip code.

(c) "Registrant's address" does not include a post office box number.

(20) "Registration" means the procedure that:

(a) All registrants complete with a supervising authority under Regulation .06 of this chapter; and

(b) Child sexual offenders complete with a local law enforcement unit under Regulation .07 of this chapter.

(21) "Registration statement" means a form that is:

(a) Obtained by a supervising authority from a registrant; and

(b) Includes, at a minimum, the information required under Criminal Procedure Article, § 11-706, Annotated Code of Maryland.

(22) Release.

(a) "Release" means any type of discharge from the custody of a supervising authority.

(b) "Release" includes parole, probation, mandatory supervision release, work release, and any type of temporary leave except for leave that is granted on an emergency basis.

(c) "Release" does not include:

(i) Escape; or

(ii) A transfer among the Division of Correction, the Division of Pretrial Detention and Services, the Patuxent Institution, and local correctional facilities that does not result in the registrant's release into the community.

(23) "Resident" has the meaning stated in Criminal Procedure Article, § 11-705(a), Annotated Code of Maryland.

(24) "Secretary" means the Secretary of Public Safety and Correctional Services or the Secretary's designee.

(25) "Sex Offender Registry Unit" means the unit in the Department that maintains the central registry and administers certain registration processes.

(26) "Sexually violent offender" has the meaning stated in Criminal Procedure Article, § 11-701(f), Annotated Code of Maryland.

(27) "Sexually violent offense" has the meaning stated in Criminal Procedure Article, § 11-701(g), Annotated Code of Maryland.

(28) "Sexually violent predator" has the meaning stated in Criminal Procedure Article, § 11-701(h), Annotated Code of Maryland.

(29) "Supervising authority" has the meaning stated in Criminal Procedure Article, § 11-701(i), Annotated Code of Maryland.

(30) "Term of confinement" has the meaning stated in COMAR 12.02.06.01B.

(31) "Term of registration" means the period of time a registrant is required to register under the Criminal Procedure Article, § 11-707(a)(4), Annotated Code of Maryland.

(32) "Under investigation" means the status of a registrant when the Sex Offender Registry Unit has received information alleging that:

(a) A registrant has failed to register in accordance with Criminal Procedure Article, §§ 11-701 -11-721, Annotated Code of Maryland; or

(b) A registrant's address is not current.

Md. Code Regs. 12.06.01.02