Md. Code Regs. 12.06.01.06

Current through Register Vol. 51, No. 9, May 3, 2024

Section 12.06.01.06 - Registration Responsibilities-Supervising Authority

A. The Secretary may delegate the Secretary's duties as a supervising authority to an agency of the Department or a local law enforcement unit under Regulation .07 of this chapter.

B. A supervising authority shall establish procedures for:

(1) Obtaining information required for the registration statement before to its submission to the Sex Offender Registry Unit and to other agencies as required; and

(2) Responding to inquiries from the Sex Offender Registry Unit concerning the information in a registration statement.

C. Before releasing a registrant, a representative of the supervising authority shall perform the following duties:

(1) Complete the registration statement, including:

(a) The information required under Regulation .05 of this chapter; and

(b) Signing the registration statement; and

(2) Notify the registrant of the responsibilities under Criminal Procedure Article, §§ 11-701 -11-721, Annotated Code of Maryland, by:

(a) Explaining to the registrant:

(i) The required periodic registration established under Regulation .10 of this chapter during the registrant's term of registration;

(ii) The required additional in-person registration by a child sexual offender, within 7 days, with the local law enforcement unit of the county where the child sexual offender resides, or where a nonresident child sexual offender works or attends school; and

(iii) The required notifications and responsibilities pertaining to changes of a registrant's address and other changes in status established under Regulation .13 of this chapter; and

(b) Providing a written notice of these responsibilities that includes the registrant's signature and date acknowledging that the supervising authority explained the requirements of registration and gave written notice to the registrant.

D. Multiple Registrant Categories. A registrant required to register in more than one registrant category shall comply with a single periodic registration requirement, as follows:

(1) As a child sexual offender, absent a determination as a sexually violent predator and notwithstanding another conviction as a sexually violent offender or offender;

(2) As a sexually violent predator, if a court order or commitment determines the individual to be a sexually violent predator under Criminal Procedure Article, § 11-703, Annotated Code of Maryland;

(3) As a sexually violent offender, absent a determination as a sexually violent predator or a conviction as a child sexual offender, and notwithstanding another conviction as an offender; or

(4) As an offender, absent a determination as a sexually violent predator or a conviction as a child sexual offender or as a sexually violent offender.

E. Distribution of Registration Statement.

(1) Within 5 business days after obtaining the registration statement, the supervising authority shall send the completed registration statement, including fingerprints, photograph, and a copy of the signed notice of responsibilities, to:

(a) The Sex Offender Registry Unit; and

(b) The local law enforcement unit in the county where the registrant resides, or where a nonresident registrant works or attends school.

(2) If a victim notification request form under Criminal Procedure Article, § 11-104, Annotated Code of Maryland, is on file, the supervising authority shall, within 5 business days after obtaining the registration statement:

(a) Send a copy of the completed registration statement under Regulation .15 of this chapter to the last mailing address of the registrant provided to the Department; and

(b) Send a copy of the victim notification request form to the Sex Offender Registry Unit.

F. A supervising authority shall maintain a copy of the registration statement, fingerprints, photograph, and notice of responsibilities.

G. On or before release of a registrant who will resume periodic registration requirements under Regulation .04 of this chapter, a supervising authority shall send notice of the registrant's release to:

(1) The Sex Offender Registry Unit; and

(2) If the registrant is a child sexual offender or sexually violent predator, the local law enforcement unit in the county where the child sexual offender or sexually violent predator resides.

Md. Code Regs. 12.06.01.06