§ 1-401. General consideration


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  •    (a) Board established. -- There is a Sexual Offender Advisory Board.

    (b) Membership. -- 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) Term. --

       (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) Compensation prohibited; reimbursement. -- 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) Chair. -- The Governor shall select a chairman from among the Board's members.

    (f) Quorum; rules; meetings. --

       (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) Duties. -- 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) Reports. -- 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) Cooperation of other governmental units. -- Each unit of State and local government shall cooperate with the Board.

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


HISTORY: 2006 Sp. Sess., ch. 4; 2010, chs. 178, 179, 608; 2012, ch. 107.