According to his March 2010 StateStat Update, Governor Martin O'Malley is seeking "tough new reforms" to sex offender laws in Maryland. Among the many proposals by his administration is lifetime supervision for some sex offenders. His office is also asking to revise notification and registration standards, and to classify those convicted of child pornography and indecent exposure to minors as sex offenders. In addition, he wants to require criminal background checks for more employers at facilities that care for or supervise children. Individually, these proposals are notable; combined, they could have significant and long-lasting implications.
Lifetime Sexual Offender Supervision, HB 473/SB 280
This bill makes lifetime supervision a mandatory part of sentencing for certain sex offenders, including those convicted of:
- Sexual abuse involving penetration of a minor under the age of 12
- First- and second-degree rape
- First- and second-degree attempted rape
- First-degree and some second- and third-degree sexual offenses
- Multiple offenders
Under the bill, "lifetime sexual offender supervision" replaces "extended parole supervision offender," thereby eliminating the court's discretion to assign a term of three or more years of supervision. Supervision under the bill runs consecutively to, and not concurrently with, any sentence or probation for the underlying offense.
Under the bill, the court could impose special conditions, such as:
- Global Position Satellite Tracking, or GPS monitoring
- Prohibitions on living or loitering areas
- Restriction on employment or activity that involves contact with minors
- Mandatory completion of a certified sexual offender treatment program
- Prohibition against illegal drug use or alcohol consumption
- Access to personal computer by parole and probate agent
- Polygraph examinations
- Prohibition against contacting certain named individuals or specific categories of individuals
- Other conditions, as the court deems appropriate
Although these conditions remain largely unchanged from the current discretionary conditions, the court would be required to order a presentence investigation prior to imposing any special condition.
A person can petition for discharge, but only after three years of supervision. The petition must include a current risk assessment conducted by a sex offender treatment provider and a recommendation on discharge by the sexual offender management team. If the petition is denied, the person is not eligible to renew the petition for at least one year.
Knowing or willful violation of special conditions would constitute a misdemeanor subject to penalty by imprisonment up to five years or a fine of up to $5,000, or both. A second violation would be a felony subject to penalty by imprisonment up to ten years or a fine up to $10,000, or both.
Sex Offender Notification and Registration, HB 936/SB 854
To continue to qualify for federal grant money, the O'Malley administration also seeks to revise Maryland registry and notification laws to conform to the federal Sex Offender Registration and Notification Act, or SORNA (also referred to as the Adam Walsh Child Protection and Safety Act).
Currently, Maryland law requires registration by child sex offenders convicted after October 1, 1995, and sexually violent offenders convicted after July 1, 1997. Additionally, offenders convicted for offenses committed before these dates but who were in custody or supervision on October 1, 1997, must register. The bill requires unlimited retroactive registration for some violent sex offenders. Indecent exposure in the presence of a minor and possession of child pornography would also require registration.
The bill reclassifies sex offender categories to comply with the SORNA tier system. Each tier carries different re-registration and term requirements; depending on the tier of any given offense, the offender must re-register quarterly, semi-annually, or annually, and for a term of 15 years, 25 years or life. Currently, the registration terms for Maryland are zero years (for federal offenses not defined under Maryland law), 10 years or life.
The bill also revises juvenile offender registration to require juvenile offenders who are either waived to adult court or are at least 14 years old and convicted of serious sexual offenses to register for life. There is a possibility for removal after 25 years.
Large-Scale Reform, Long-Lasting Implications
These bills pose a potentially significant impact to employment, housing and other major areas of life for those convicted of sex offenses, whether in the future or past. An experienced attorney can help explain whether and how someone currently facing charges or who has a prior conviction will be affected if the Maryland General Assembly passes these bills.
