The rights of crime victims in Maryland The role and responsibilities of Law Enforcement Prepared by the Governor s Office of Crime Control & Prevention and the Maryland State Board of Victim Services August 2007
Background In 1994, the Maryland General Assembly voted to place a Constitutional Amendment before the people during the next election. On November 8, 1994, the voters of Maryland overwhelmingly passed (92.5%) the Constitutional Amendment for Victims Rights (Article 47, Constitution of Maryland, Declaration of Rights). The Amendment states: (a) A victim of crime shall be treated by agents of the state with dignity, respect and sensitivity during all phases of the criminal justice process. (b) In a case originating by indictment of information filed in a circuit court, a victim of crime shall have the right to be informed of the rights established in this article and, upon the request and if practicable, to be notified of, to attend, and to be heard at a criminal justice proceeding, as these rights are implemented and the terms crime, criminal justice proceeding, and victim are specified by law. (c) Nothing in this article permits any civil cause of action for monetary damages for violation of any of its provisions or authorizes a victim of crime to take any action to stay a criminal justice proceeding. In 1997, the Maryland General Assembly enacted further legislation that made substantive revisions to Maryland s victims rights laws. The Victim Rights Act of 1997 expanded the rights of victims and implemented Article 47, Constitution of Maryland, Declaration of Rights allowing victims of crime to be notified of, to be present and be heard at criminal justice proceedings. Since 1997, the Maryland General Assembly has enacted numerous pieces of legislation that have expanded the rights of crime victims. Each agent of the State has their own roles and responsibilities in ensuring that victims of crime are afforded with all their rights under the law.
Who is a victim? When it relates to fair treatment by agents of the State, a victim is defined under 11-1001(e) of the Criminal Procedure Article as follows: (e) Victim Victim means a person who suffers direct or threatened physical, emotional, or financial harm as a result of a crime. The definition of victim may vary depending on the right being afforded to that person or persons. These definitions may be found in the Statutory Obligations section of this manual. What is a critical phase in the Criminal Justice Process? For victims of crime, every phase in the criminal justice process is a critical one. For purposes of simplification, the Statutory Obligations are broken down as follows: - First contact with victim - Arrest - Pre-trial/Pre-hearing - Trial/Adjudicatory Hearing - Sentencing/Disposition - Post-conviction/Post-disposition Not every agent of the State will have statutory obligations at every critical phase. Please refer to the section for your discipline to determine which phases will be applicable to you. Is this a case that is covered by Article 47? According to the Constitution of Maryland, Declaration of Rights, Article 47(b), the statutory obligations apply as follows: (b)in a case originating by indictment or information filed in a circuit court, a victim of crime shall have the right to be informed of the rights established in this article and, upon the request and if practicable, to be notified of, to attend, and to be heard at a criminal justice proceeding, as these rights are implemented and the terms crime, criminal justice proceeding, and victim are specified by law.
What rights do victims have in District Court? For crimes that will be heard in District Court, victims have the following rights: Right to be treated with dignity, respect, and sensitivity Article 47 of the Maryland Declaration of Rights states that a victim of crime will have the right to be treated with dignity, respect, and sensitivity during all phases of the criminal justice process and by all agents of the criminal justice system. Right to be notified of court proceedings Maryland does not provide for mandatory notification of court events in District Court cases. However, the victim may inform the State s Attorney s Office if they wish to be notified. This can be accomplished by submitting a written request for notification to the State s Attorney, sending a copy to the Clerk of the District Court, and to the defense attorney. Right to be present at court proceedings Victims have the right to attend any court proceeding that the Defendant has a right to attend. Victims must notify the State s Attorney and the District Court Clerk, if they wish to be present at the proceedings. Victims who are a witness to the crime and may need to testify for the State have the right to be present in the courtroom after their testimony, unless the Court determines otherwise. Right to be heard Victims have the right to give written and oral victim impact statements to the Court before sentencing. The victim should send a copy of the victim impact statement to the State s Attorney s Office, the Clerk of the District Court, and the defense attorney. Victims also may have the right to speak at the sentencing and may request to do so by notifying the State s Attorney in writing, who in turn, can request this right for the victim. Right to restitution Victims have the right to request restitution for out-of-pocket expenses incurred as a direct result of the crime. A written request for restitution should be submitted by the victim to the State s Attorney, with copies also provided to the Clerk of the District court and defense attorney. Victims also have the right to collect on a judgment of restitution.
Critical phases and statutes applicable to: Law Enforcement 50 Total Citations A victim of crime shall be treated by agents of the State with dignity, respect and sensitivity during all phases of the criminal justice process. Constitution of Maryland, Declaration of Rights, Article 47(a) Definitions Delinquent Acts Definition of child respondent Criminal Procedure Article, 11-101(a)&(b) (a) In this title the following words have the meanings indicated. (b) "Child respondent" means a person who: (1) in a petition filed in juvenile court, is alleged to have committed a delinquent act; or (2) has committed a delinquent act. Domestic Violence 11 Specific Statutory Provisions Definition of victim as it relates to domestic violence Family Law Article, 4-513 In this Part III of this subtitle, "victim of domestic violence" means an individual who has received deliberate, severe, and demonstrable physical injury, or is in fear of imminent deliberate, severe, and demonstrable physical injury from a current or former spouse, or a current or former cohabitant, as defined in 4-501 of this subtitle. Sex offender registry Definition of child sex offender as it relates to the sex offender registry Criminal Procedure Article, 11-701(b) (b) "Child sexual offender" means a person who: (1) has been convicted of violating 3-602 of the Criminal Law Article; (2) has been convicted of violating any of the provisions of the rape or sexual offense statutes under 3-303 through 3-307 of the Criminal Law Article for a crime involving a child under the age of 15 years; (3) has been convicted of violating the fourth degree sexual offense statute under 3-308 of the Criminal Law Article for a crime involving a child under the age of 15 years and has been ordered by the court to register under this subtitle; or (4) has been convicted in another state or in a federal, military, or Native American tribal court of a crime that, if committed in this State, would constitute one of the crimes listed in items (1) and (2) of this subsection. Definition of local law enforcement unit as it relates to the sex offender registry Criminal Procedure Article, 11-701(c) (c) "Local law enforcement unit" means the law enforcement unit in a county that has been designated by resolution of the county governing body as the primary law enforcement unit in the county. Definition of offender as it relates to the sex offender registry Page 1 of 14
Definitions Sex offender registry Criminal Procedure Article, 11-701(d) (d) "Offender" means a person who is ordered by a court to register under this subtitle and who: (1) has been convicted of violating 3-503 of the Criminal Law Article; (2) has been convicted of violating 3-502 of the Criminal Law Article or the fourth degree sexual offense statute under 3-308 of the Criminal Law Article, if the victim is under the age of 18 years; (3) has been convicted of the common law crime of false imprisonment, if the victim is under the age of 18 years and the person is not the victim's parent; (4) has been convicted of a crime that involves soliciting a person under the age of 18 years to engage in sexual conduct; (5) has been convicted of violating the child pornography statute under 11-207 of the Criminal Law Article; (6) has been convicted of violating any of the prostitution and related crimes statutes under Title 11, Subtitle 3 of the Criminal Law Article if the intended prostitute or victim is under the age of 18 years; (7) has been convicted of a crime that involves conduct that by its nature is a sexual offense against a person under the age of 18 years; (8) has been convicted of an attempt to commit a crime listed in items (1) through (7) of this subsection; or (9) has been convicted in another state or in a federal, military, or Native American tribal court of a crime that, if committed in this State, would constitute one of the crimes listed in items (1) through (8) of this subsection. Definition of release as it relates to the sex offender registry Criminal Procedure Article, 11-701(e) (e) (1) Except as otherwise provided in this subsection, "release" means any type of release from the custody of a supervising authority. (2) "Release" means: (i) release on parole; (ii) mandatory supervision release; (iii) release from a correctional facility with no required period of supervision; (iv) work release; (v) placement on home detention; and (vi) the first instance of entry into the community that is part of a supervising authority's graduated release program. (3) "Release" does not include: (i) an escape; or (ii) leave that is granted on an emergency basis. Definition of sexually violent offender as it relates to the sex offender registry Criminal Procedure Article, 11-701(f) (f) "Sexually violent offender" means a person who: (1) has been convicted of a sexually violent offense; or (2) has been convicted of an attempt to commit a sexually violent offense. Definition of sexually violent offense as it relates to the sex offender registry Criminal Procedure Article, 11-701(g) (g) "Sexually violent offense" means: (1) a violation of 3-303 through 3-307 or 3-309 through 3-312 of the Criminal Law Article; (2) assault with intent to commit rape in the first or second degree or a sexual offense in the first or second degree as prohibited on or before September 30, 1996, under former Article 27, 12 of the Page 2 of 14
Definitions Sex offender registry Code; or (3) a crime committed in another state or in a federal, military, or Native American tribal jurisdiction that, if committed in this State, would constitute one of the crimes listed in item (1) or (2) of this subsection. Definition of sexually violent predator as it relates to the sex offender registry Criminal Procedure Article, 11-701(h) (h) "Sexually violent predator" means: (1) a person who: (i) is convicted of a sexually violent offense; and (ii) has been determined in accordance with this subtitle to be at risk of committing another sexually violent offense; or (2) a person who is or was required to register every 90 days for life under the laws of another state or a federal, military, or Native American tribal jurisdiction. Definition of Supervising Authority as it relates to the sex offender registry Criminal Procedure Article, 11-701(i) (i) "Supervising authority" means: (1) the Secretary, if the registrant is in the custody of a correctional facility operated by the Department; (2) the administrator of a local correctional facility, if the registrant, including a participant in a home detention program, is in the custody of the local correctional facility; (3) the court that granted the probation or suspended sentence, except as provided in item (12) of this subsection, if the registrant is granted probation before judgment, probation after judgment, or a suspended sentence; (4) the Director of the Patuxent Institution, if the registrant is in the custody of the Patuxent Institution; (5) the Secretary of Health and Mental Hygiene, if the registrant is in the custody of a facility operated by the Department of Health and Mental Hygiene; (6) the court in which the registrant was convicted, if the registrant's sentence does not include a term of imprisonment or if the sentence is modified to time served; (7) the Secretary, if the registrant is in the State under terms and conditions of the Interstate Compact for Adult Offender Supervision, set forth in Title 6, Subtitle 2 of the Correctional Services Article, or the Interstate Corrections Compact, set forth in Title 8, Subtitle 6 of the Correctional Services Article; (8) the Secretary, if the registrant moves to this State and was convicted in another state of a crime that would require the registrant to register if the crime was committed in this State; (9) the Secretary, if the registrant moves to this State from another state where the registrant was required to register; (10) the Secretary, if the registrant is convicted in a federal, military, or Native American tribal court and is not under supervision by another supervising authority; (11) the Secretary, if the registrant is not a resident of this State and has been convicted in another state or by a federal, military, or Native American tribal court; or (12) the Director of Parole and Probation, if the registrant is under the supervision of the Division of Parole and Probation. Page 3 of 14
Definitions Sexual Assault/Prohibited Exposure Definition of victim as it relates to HIV exposure/testing Criminal Procedure Article, 11-107(f) & (g) (f) (1) "Victim" means the victim of a prohibited exposure. (2) "Victim" includes: (i) a law enforcement officer who is exposed to HIV while acting in the performance of duty; and (ii) a paid or volunteer firefighter, an emergency medical technician, or rescue squad member who is exposed to HIV while acting in the performance of duty. (iii) a forensic scientist, working under the direction of a law enforcement agency, who is exposed to HIV while acting in the performance of duty (g) "Victim's representative" means: (1) the parent of a victim who is a minor; (2) the legal guardian of a victim; or (3) the person authorized to give consent for the victim under 5-605 of the Health-General Article. Page 4 of 14
The statutes below generally apply to all critical phases and should be considered throughout the entire Criminal Justice process. 15 Specific Statutory Provisions Fair Treatment Guidelines - Definition of victim as it relates to fair treatment Criminal Procedure Article, 11-1001(e) (e) "Victim" means a person who suffers direct or threatened physical, emotional, or financial harm as a result of a crime. Guidelines - Information as to right of fair treatment Criminal Procedure Article, 11-1002(a) (a) The appropriate criminal justice unit should inform a victim of a crime, a victim's representative, or a witness of the guidelines listed in subsection (b) of this section. Guidelines - Dignity, sensitivity and respect Criminal Procedure Article, 11-1002(b)(1) (b) A victim of a crime, victim's representative, or witness: (1) should be treated with dignity, respect, courtesy, and sensitivity. Fair Treatment - Delinquent Acts Guidelines - Fair Treatment Criminal Procedure Article, 11-1003(b)(1) (b) A victim of a delinquent act, victim's representative, or witness: (1) should be treated with dignity, respect, courtesy, and sensitivity. Health, Safety and Protection Guidelines - Notice of protection available and request protection Criminal Procedure Article, 11-1002(b)(4) (b) A victim of a crime, victim's representative, or witness: (4) should be told of the protection available, and, on request, be protected by a criminal justice unit, to the extent reasonable, practicable, and, in the unit's discretion, necessary, from harm or threats of harm arising out of the crime victim's or witness's cooperation with law enforcement and prosecution efforts. Monetary Damages -- General Guidelines - Information about services (financial assistance, CICB, etc.) Criminal Procedure Article, 11-1002(b)(6) (b) A victim of a crime, victim's representative, or witness: (6) should be told by the appropriate criminal justice unit of financial assistance, criminal injuries compensation, and any other social services available to the victim of a crime or victim's representative and receive help or information on how to apply for services. Page 5 of 14
The statutes below generally apply to all critical phases and should be considered throughout the entire Criminal Justice process. Monetary Damages -- General - Delinquent Acts Guidelines - Information about services (financial assistance, CICB, etc.) Criminal Procedure Article, 11-1003(b)(4) (b) A victim of a delinquent act, victim's representative, or witness: (4) should be told by the appropriate juvenile services unit of financial help, criminal injuries compensation, and any other social services available to the victim and receive help or information on how to apply for services. Notification Guidelines - Status of arrest/close of case Criminal Procedure Article, 11-1002(b)(8)&(c) (b) A victim of a crime, victim's representative, or witness: (8) on written request, should be kept reasonably informed by the police or the State's Attorney of the arrest of a suspect and closing of the case, and should be told which office to contact for information about the case. (c) (1) The Department shall make the guidelines in subsection (b) of this section available to the units involved with carrying out the guidelines. (2) To the extent feasible, the guidelines in subsection (b) of this section shall be printed by Maryland Correctional Enterprises. Notification - Delinquent Acts Guidelines - Notification of guidelines Criminal Procedure Article, 11-1003(a) (a) The appropriate juvenile services unit should tell a victim of a delinquent act, victim's representative, or witness of the guidelines listed in subsection (b) of this section. Guidelines - Status of arrest/close of case Criminal Procedure Article, 11-1003(b)(5) (b) A victim of a delinquent act, victim's representative, or witness: (5) on written request, should be kept reasonably informed by the police or the State's Attorney of the apprehension of a child respondent and of the closing of the case, and should be told which office to contact for information about the case. Property Return Guidelines - Right to return of property Criminal Procedure Article, 11-1002(b)(9) (b) A victim of a crime, victim's representative, or witness: (9) should be told of the right to have stolen or other property promptly returned and, on written request, should have the property promptly returned by a law enforcement unit when evidentiary requirements for prosecution can be satisfied by other means, unless there is a compelling law enforcement reason for keeping it. Page 6 of 14
The statutes below generally apply to all critical phases and should be considered throughout the entire Criminal Justice process. Property Return - Delinquent Acts Guidelines - Right to return of property Criminal Procedure Article, 11-1003(b)(6) (b) A victim of a delinquent act, victim's representative, or witness: (6) should be told of the right to have stolen or other property promptly returned and, on written request, have the property promptly returned by a law enforcement unit when evidentiary requirements for prosecution can be satisfied by other means unless there is a compelling law enforcement reason for keeping it. Services Guidelines - Receive medical treatment, Crisis intervention, etc. Criminal Procedure Article, 11-1002(b)(2) (b) A victim of a crime, victim's representative, or witness: (2) should receive crisis intervention help, if needed, or be told by the appropriate criminal justice unit where crisis intervention help, emergency medical treatment, creditor intercession services, or other social services and counseling may be obtained. Miscellaneous Receive help, care and support provided by the State Criminal Procedure Article, 11-802 (a) The General Assembly finds: (1) that many innocent persons suffer personal physical or psychological injury or die because of crimes or delinquent acts or in their efforts to prevent them or apprehend persons committing or attempting to commit them; (2) that these persons or their dependents may as a result suffer disability, incur financial hardships, or become reliant on public assistance; and (3) that there is a need for government financial assistance for these victims. (b) The policy of the State is that help, care, and support be provided by the State, as a matter of moral responsibility, for these victims. Applicability of guidelines Courts and Judicial Proceedings Article, 3-8A-34 The guidelines provided under 11-1003 of the Criminal Procedure Article apply to victims and witnesses of delinquent acts. Page 7 of 14
In order to preserve and protect a victim's right to justice, each victim of a crime shall have the rights outlined below during critical stages of the criminal justice process First contact with Victim 12 Specific Statutory Provisions Health, Safety and Protection - Domestic Violence Notice of protection available and request protection Family Law Article, 4-502(a)(1) (a) (1) Any person who alleges to have been a victim of abuse and who believes there is a danger of serious and immediate personal harm may request the help of a local law enforcement unit. On request, receive protection from harm Family Law Article, 4-502(a)(2)(i) (a) (2) A local law enforcement officer who responds to the request for help shall: (i) protect the person from harm when responding to the request On request, receive accompaniment to home for collection of personal items Family Law Article, 4-502(a)(2)(ii) (a) (2) A local law enforcement officer who responds to the request for help shall: (ii) accompany the person to the family home so that the person may remove the following items, regardless of who paid for the items: 1. the personal clothing of the person and of any child in the care of the person; and 2. the personal effects, including medicine or medical devices, of the person and of any child in the care of the person that the person or child needs immediately. Firearms removal Family Law Article, 4-511 (a) When responding to the scene of an alleged act of domestic violence, as described in this subtitle, a law enforcement officer may remove a firearm from the scene if: (1) the law enforcement officer has probable cause to believe that an act of domestic violence has occurred; and (2) the law enforcement officer has observed the firearm on the scene during the response. (b) If a firearm is removed from the scene under subsection (a) of this section, the law enforcement officer shall: (1) provide to the owner of the firearm information on the process for retaking possession of the firearm; and (2) provide for the safe storage of the firearm during the pendency of any proceeding related to the alleged act of domestic violence. (c) At the conclusion of a proceeding on the alleged act of domestic violence, the owner of the firearm may retake possession of the firearm unless ordered to surrender the firearm under 4-506 of this subtitle. Notification Duty of law enforcement officer to provide "Crime Victims and Witnesses " brochure Criminal Procedure Article, 11-104(b) (b) On first contact with a victim or victim's representative, a law enforcement officer, District Court commissioner, or juvenile intake officer shall give the victim or the victim's representative the pamphlet described in 11-914(9)(i) of this title. Provide information about CICB when violent crime reported Criminal Procedure Article, 11-807 (a) In this section, "law enforcement unit" means: (1) the Department of State Police; (2) the Police Department of Baltimore City; (3) the police department, bureau, or force of a county; Page 8 of 14
First contact with Victim Notification (4) the police department, bureau, or force of a municipal corporation; (5) the office of the sheriff of a county; (6) the office of the State's Attorney for a county; (7) the office of the Attorney General; or (8) the office of the State Prosecutor. (b) When a report of a violent crime is filed with a law enforcement unit, the law enforcement unit shall give to a victim of that violent crime written information that the Board supplies about compensation for victims. (c) A failure to comply with this section is not grounds for any civil or criminal action against a law enforcement unit. Notification - Domestic Violence Provide notice of rights/information about local Domestic Violence programs Family Law Article, 4-503(a)(1) (a) A law enforcement officer who responds to a request for help under 4-502 of this Part I of this subtitle shall give the victim a written notice that: (1) includes the telephone number of a local domestic violence program that receives funding from the Department of Human Resources; Notice of right to request filing of criminal charges Family Law Article, 4-503(a)(2) (a) A law enforcement officer who responds to a request for help under 4-502 of this Part I of this subtitle shall give the victim a written notice that: (2) states that: (i) the victim may request that a District Court commissioner file a criminal charging document against the alleged abuser; (ii) if the commissioner declines to charge the alleged abuser, the victim may request that the State's Attorney file a criminal charging document against the alleged abuser; (iii) the victim may file in the District Court or a circuit court or, when neither the office of the clerk of the circuit court nor the Office of the District Court Clerk is open, with a commissioner, a petition under this subtitle; and (iv) the victim may obtain a copy of the incident report, as provided under 4-503.1 of this Part I of this subtitle. Provide copy of incident report in domestic violence cases Family Law Article, 4-503.1 (a) If an incident report is filed when a law enforcement officer responds to a request for help under 4-502 of this Part I of this subtitle, the law enforcement unit shall provide a copy of the report: (1) to the Department of State Police; and (2) on request, to the victim. (b) The victim need not obtain a subpoena to receive a copy of the incident report. Page 9 of 14
First contact with Victim Notification - Sexual Assault/Prohibited Exposure Responsibility for notifying victim of sexual assault crisis programs Criminal Procedure Article, 11-113(c) (c) The following shall notify a victim of prohibited exposure or the victim's representative of the provisions of Part II of this subtitle: (1) a sexual assault crisis program established under 11-923 of this title when a victim or victim's representative contacts the program; (2) an intake officer who receives a complaint for the alleged prohibited exposure under 3-8A-10 of the Courts Article; or (3) on the filing of a charging document or delinquency petition for the alleged prohibited exposure: (i) the Department of State Police; (ii) the Police Department of Baltimore City; (iii) the police unit of a county; (iv) the police unit of a municipal corporation; (v) the office of the sheriff of a county; (vi) the office of the State's Attorney of a county; (vii) the office of the Attorney General; (viii) the office of the State Prosecutor; (ix) the Department of Juvenile Services; or (x) the police unit of a bicounty unit or the University of Maryland. Services - Fair Treatment Transportation of sex assault victim to treatment facility Criminal Procedure Article, 11-924 (a) The nearest facility to which a victim of sexual assault may be taken shall be designated by the Department of Health and Mental Hygiene in cooperation with: (1) the Medical and Chirurgical Faculty of the State of Maryland; and (2) the State's Attorney in the subdivision where the sexual assault occurred. (b) (1) A police officer, sheriff, or deputy sheriff who receives a report of an alleged sexual assault shall offer the alleged victim the opportunity to be taken immediately to the nearest facility. (2) The offer shall be made without regard for the place of the alleged sexual assault or where it is reported. No charge for provision of health services to sexual assault victims Criminal Procedure Article, 11-925 Applicable health care services shall be given without charge to a victim of sexual abuse, as provided under 15-127 of the Health-General Article. Page 10 of 14
Arrest Notification 1 Specific Statutory Provision Guidelines - Status of arrest/close of case Criminal Procedure Article, 11-1002(b)(8)&(c) (b) A victim of a crime, victim's representative, or witness: (8) on written request, should be kept reasonably informed by the police or the State's Attorney of the arrest of a suspect and closing of the case, and should be told which office to contact for information about the case. (c) (1) The Department shall make the guidelines in subsection (b) of this section available to the units involved with carrying out the guidelines. (2) To the extent feasible, the guidelines in subsection (b) of this section shall be printed by Maryland Correctional Enterprises. Page 11 of 14
Pre-trial/Pre-hearing Health, Safety and Protection 7 Specific Statutory Provisions Commissioner's Order not binding Courts and Judicial Proceedings Article, 3-1503.1(h) (h) A decision of a commissioner to grant or deny relief under this section is not binding on, and does not affect any power granted to or duty imposed on, a judge of a circuit court or the District Court under any law, including any power to grant or deny a petition for a temporary peace order or final peace order. Penalties for false information Courts and Judicial Proceedings Article, 3-1503.1(i) (i) An individual who knowingly provides false information in a petition filed under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 90 days or both. Violation of Peace Order Courts and Judicial Proceedings Article, 3-1508 (a) An individual who fails to comply with the relief granted in an interim peace order under 3-1503.1 of this subtitle, a temporary peace order under 3-1504 (a)(2) of this subtitle, or a final peace order under 3-1505 (d) (1)(i), (ii), (iii), or (iv) of this subtitle is guilty of a misdemeanor and on conviction is subject, for each offense, to a fine not exceeding $1,000 or imprisonment not exceeding 90 days or both. (b) A law enforcement officer shall arrest with or without a warrant and take into custody an individual who the officer has probable cause to believe is in violation of an interim peace order, temporary peace order, or final peace order in effect at the time of the violation. Violation of Peace Order Courts and Judicial Proceedings Article, 3-8A-19.5 (a) A violation of any of the provisions of a peace order specified in 3-8A-19.2 (c)(1)(i),(ii),(iii) or (iv) of this subtitle is a delinquent act. (b) A law enforcement officer shall take into custody a child whom the officer has probable cause to believe is in violation of a peace order in effect at the time of the violation. Health, Safety and Protection - Peace Orders - Delinquent Acts Service of Peace Order Courts and Judicial Proceedings Article, 3-1503.1(f) (f) A law enforcement officer shall: (1) Immediately on receipt of a petition and interim peace order, serve them on the respondent named in the order; and (2) Immediately after service, make a return of service to the commissioner's office or, if the Office of the District Court Clerk is open for business, to the clerk. Service of Peace Order Courts and Judicial Proceedings Article, 3-8A-19.3 (a) A copy of the peace order shall be served on the victim, the respondent, the appropriate law enforcement agency, and any other person the court determines is appropriate, in open court or, if the person is not present at the peace order hearing, by first-class mail to the person's last known address. (b) (1) A copy of the peace order served on the respondent in accordance with subsection (a) of this section constitutes actual notice to the respondent of the contents of the peace order. (2) Service is complete upon mailing. Page 12 of 14
Pre-trial/Pre-hearing Privacy When victim's address and phone number may be withheld pretrial/prehearing Criminal Procedure Article, 11-205 On request of the State, a victim of or witness to a felony or delinquent act that would be a felony if committed by an adult, or a victim's representative, a judge, State's Attorney, District Court commissioner, intake officer, or law enforcement officer may withhold the address or telephone number of the victim, victim's representative, or witness before the trial or adjudicatory hearing in a juvenile delinquency proceeding, unless a judge determines that good cause has been shown for the release of the information. Page 13 of 14
Post-conviction/Post-disposition 4 Specific Statutory Provisions Community Safety Sex Offender Registry statement - Elements of conviction Criminal Procedure Article, 11-702 For the purposes of this subtitle, a person is convicted when the person: (1) is found guilty of a crime by a jury or judicial officer; (2) enters a plea of guilty or nolo contendere; (3) is granted a probation before judgment after a finding of guilt for a crime if the court, as a condition of probation, orders compliance with the requirements of this subtitle; or (4) is found not criminally responsible for a crime. Receive a copy of Sex Offender Registry statement Criminal Procedure Article, 11-714 A registration statement given to a person under this subtitle shall include a copy of the completed registration form and a copy of the registrant's photograph, but need not include the fingerprints of the registrant. Receive a copy of Sex Offender Registry statement Criminal Procedure Article, 11-715 (a) (1) On request for a copy of a registration statement about a specific person, the supervising authority shall send a copy to: (i) each witness who testified against the registrant in a court proceeding involving the crime; and (ii) each person specified in writing by the State's Attorney. (2) Subject to paragraph (3) of this subsection, the supervising authority shall send a copy of a registration statement to each: (i) victim of the crime for which the registrant was convicted; or (ii) if the victim is a minor, the parents or legal guardian of the victim. (3) A copy of the registration statement shall be sent if: (i) a request is made in writing about a specific registrant; or (ii) a notification request form has been filed under 11-104 of this title. (b) Information about a person who receives a copy of a registration statement under this section is confidential and may not be disclosed to the registrant or any other person. (c) A supervising authority shall send a notice required under subsection (a)(2) of this section or 11-712(a)(2) or (b)(2) of this subtitle to the last address given to the supervising authority. Requesting a copy of Sex Offender Registry statement Criminal Procedure Article, 11-716 (a) Subject to subsection (b) of this section, on written request to a local law enforcement unit, the unit shall send to the person who submitted the request one copy of the registration statement of each registrant on record with the unit. (b) A request under subsection (a) of this section shall contain: (1) the name and address of the person who submits the request; and (2) the reason for the request. (c) A local law enforcement unit shall keep records of all written requests received under subsection (a) of this section. Page 14 of 14
Critical phases and statutes applicable to: Law Enforcement 49 Total Citations A victim of crime shall be treated by agents of the State with dignity, respect and sensitivity during all phases of the criminal justice process Constitution of Maryland, Declaration of Rights, Article 47(a) Definitions Delinquent Acts Definition of child respondent Criminal Procedure Article, 11-101(a)&(b) (a) In this title the following words have the meanings indicated. (b) "Child respondent" means a person who: (1) in a petition filed in juvenile court, is alleged to have committed a delinquent act; or (2) has committed a delinquent act. Domestic Violence 11 Specific Statutory Provisions Definition of victim as it relates to domestic violence Family Law Article, 4-513 In this Part III of this subtitle, "victim of domestic violence" means an individual who has received deliberate, severe, and demonstrable physical injury, or is in fear of imminent deliberate, severe, and demonstrable physical injury from a current or former spouse, or a current or former cohabitant, as defined in 4-501 of this subtitle. Sex offender registry Definition of child sex offender as it relates to the sex offender registry Criminal Procedure Article, 11-701(b) (b) "Child sexual offender" means a person who: (1) has been convicted of violating 3-602 of the Criminal Law Article; (2) has been convicted of violating any of the provisions of the rape or sexual offense statutes under 3-303 through 3-307 of the Criminal Law Article for a crime involving a child under the age of 15 years; (3) has been convicted of violating the fourth degree sexual offense statute under 3-308 of the Criminal Law Article for a crime involving a child under the age of 15 years and has been ordered by the court to register under this subtitle; or (4) has been convicted in another state or in a federal, military, or Native American tribal court of a crime that, if committed in this State, would constitute one of the crimes listed in items (1) and (2) of this subsection. Definition of local law enforcement unit as it relates to the sex offender registry Criminal Procedure Article, 11-701(c) (c) "Local law enforcement unit" means the law enforcement unit in a county that has been designated by resolution of the county governing body as the primary law enforcement unit in the county. 12/31/2007 Statute Text current as of October 1, 2007 Governor's Office of Crime Control & Prevention / Maryland State Board of Victims Services Victims' Rights Compliance Initiative Page 1 of 14 "A Guide to Maryland Crime Victims' Statutory Rights" is the work-product of the Governor's Office of Crime Control & Prevention (GOCCP), the Maryland State Board of Victim Services, and the State of Maryland. This Guide may not be sold, copied, or distributed, by any means, without the express written permission of GOCCP.
Definitions Sex offender registry Law Enforcement Definition of offender as it relates to the sex offender registry Criminal Procedure Article, 11-701(d) (d) "Offender" means a person who is ordered by a court to register under this subtitle and who: (1) has been convicted of violating 3-503 of the Criminal Law Article; (2) has been convicted of violating 3-502 of the Criminal Law Article or the fourth degree sexual offense statute under 3-308 of the Criminal Law Article, if the victim is under the age of 18 years; (3) has been convicted of the common law crime of false imprisonment, if the victim is under the age of 18 years and the person is not the victim's parent; (4) has been convicted of a crime that involves soliciting a person under the age of 18 years to engage in sexual conduct; (5) has been convicted of violating the child pornography statute under 11-207 of the Criminal Law Article; (6) has been convicted of violating any of the prostitution and related crimes statutes under Title 11, Subtitle 3 of the Criminal Law Article if the intended prostitute or victim is under the age of 18 years; (7) has been convicted of a crime that involves conduct that by its nature is a sexual offense against a person under the age of 18 years; (8) has been convicted of an attempt to commit a crime listed in items (1) through (7) of this subsection; or (9) has been convicted in another state or in a federal, military, or Native American tribal court of a crime that, if committed in this State, would constitute one of the crimes listed in items (1) through (8) of this subsection. Definition of release as it relates to the sex offender registry Criminal Procedure Article, 11-701(e) (e) (1) Except as otherwise provided in this subsection, "release" means any type of release from the custody of a supervising authority. (2) "Release" means: (i) release on parole; (ii) mandatory supervision release; (iii) release from a correctional facility with no required period of supervision; (iv) work release; (v) placement on home detention; and (vi) the first instance of entry into the community that is part of a supervising authority's graduated release program. (3) "Release" does not include: (i) an escape; or (ii) leave that is granted on an emergency basis. Definition of sexually violent offender as it relates to the sex offender registry Criminal Procedure Article, 11-701(f) (f) "Sexually violent offender" means a person who: (1) has been convicted of a sexually violent offense; or (2) has been convicted of an attempt to commit a sexually violent offense. 12/31/2007 Statute Text current as of October 1, 2007 Governor's Office of Crime Control & Prevention / Maryland State Board of Victims Services Victims' Rights Compliance Initiative Page 2 of 14 "A Guide to Maryland Crime Victims' Statutory Rights" is the work-product of the Governor's Office of Crime Control & Prevention (GOCCP), the Maryland State Board of Victim Services, and the State of Maryland. This Guide may not be sold, copied, or distributed, by any means, without the express written permission of GOCCP.
Definitions Sex offender registry Law Enforcement Definition of sexually violent offense as it relates to the sex offender registry Criminal Procedure Article, 11-701(g) (g) "Sexually violent offense" means: (1) a violation of 3-303 through 3-307 or 3-309 through 3-312 of the Criminal Law Article; (2) assault with intent to commit rape in the first or second degree or a sexual offense in the first or second degree as prohibited on or before September 30, 1996, under former Article 27, 12 of the Code; or (3) a crime committed in another state or in a federal, military, or Native American tribal jurisdiction that, if committed in this State, would constitute one of the crimes listed in item (1) or (2) of this subsection. Definition of sexually violent predator as it relates to the sex offender registry Criminal Procedure Article, 11-701(h) (h) "Sexually violent predator" means: (1) a person who: (i) is convicted of a sexually violent offense; and (ii) has been determined in accordance with this subtitle to be at risk of committing another sexually violent offense; or (2) a person who is or was required to register every 90 days for life under the laws of another state or a federal, military, or Native American tribal jurisdiction. 12/31/2007 Statute Text current as of October 1, 2007 Governor's Office of Crime Control & Prevention / Maryland State Board of Victims Services Victims' Rights Compliance Initiative Page 3 of 14 "A Guide to Maryland Crime Victims' Statutory Rights" is the work-product of the Governor's Office of Crime Control & Prevention (GOCCP), the Maryland State Board of Victim Services, and the State of Maryland. This Guide may not be sold, copied, or distributed, by any means, without the express written permission of GOCCP.
Definitions Sex offender registry Law Enforcement Definition of Supervising Authority as it relates to the sex offender registry Criminal Procedure Article, 11-701(i) (i) "Supervising authority" means: (1) the Secretary, if the registrant is in the custody of a correctional facility operated by the Department; (2) the administrator of a local correctional facility, if the registrant, including a participant in a home detention program, is in the custody of the local correctional facility; (3) the court that granted the probation or suspended sentence, except as provided in item (12) of this subsection, if the registrant is granted probation before judgment, probation after judgment, or a suspended sentence; (4) the Director of the Patuxent Institution, if the registrant is in the custody of the Patuxent Institution; (5) the Secretary of Health and Mental Hygiene, if the registrant is in the custody of a facility operated by the Department of Health and Mental Hygiene; (6) the court in which the registrant was convicted, if the registrant's sentence does not include a term of imprisonment or if the sentence is modified to time served; (7) the Secretary, if the registrant is in the State under terms and conditions of the Interstate Compact for Adult Offender Supervision, set forth in Title 6, Subtitle 2 of the Correctional Services Article, or the Interstate Corrections Compact, set forth in Title 8, Subtitle 6 of the Correctional Services Article; (8) the Secretary, if the registrant moves to this State and was convicted in another state of a crime that would require the registrant to register if the crime was committed in this State; (9) the Secretary, if the registrant moves to this State from another state where the registrant was required to register; (10) the Secretary, if the registrant is convicted in a federal, military, or Native American tribal court and is not under supervision by another supervising authority; (11) the Secretary, if the registrant is not a resident of this State and has been convicted in another state or by a federal, military, or Native American tribal court; or (12) the Director of Parole and Probation, if the registrant is under the supervision of the Division of Parole and Probation. Sexual Assault/Prohibited Exposure Definition of victim as it relates to HIV exposure/testing Criminal Procedure Article, 11-107(f) & (g) (f) (1) "Victim" means the victim of a prohibited exposure. (2) "Victim" includes: (i) a law enforcement officer who is exposed to HIV while acting in the performance of duty; and (ii) a paid or volunteer firefighter, an emergency medical technician, or rescue squad member who is exposed to HIV while acting in the performance of duty. (iii) a forensic scientist, working under the direction of a law enforcement agency, who is exposed to HIV while acting in the performance of duty (g) "Victim's representative" means: (1) the parent of a victim who is a minor; (2) the legal guardian of a victim; or (3) the person authorized to give consent for the victim under 5-605 of the Health-General Article. 12/31/2007 Statute Text current as of October 1, 2007 Governor's Office of Crime Control & Prevention / Maryland State Board of Victims Services Victims' Rights Compliance Initiative Page 4 of 14 "A Guide to Maryland Crime Victims' Statutory Rights" is the work-product of the Governor's Office of Crime Control & Prevention (GOCCP), the Maryland State Board of Victim Services, and the State of Maryland. This Guide may not be sold, copied, or distributed, by any means, without the express written permission of GOCCP.
Law Enforcement The statutes below generally apply to all critical phases and should be considered throughout the entire Criminal Justice process. Fair Treatment 15 Specific Statutory Provisions Guidelines - Definition of victim as it relates to fair treatment Criminal Procedure Article, 11-1001(e) (e) "Victim" means a person who suffers direct or threatened physical, emotional, or financial harm as a result of a crime. Guidelines - Information as to right of fair treatment Criminal Procedure Article, 11-1002(a) (a) The appropriate criminal justice unit should inform a victim of a crime, a victim's representative, or a witness of the guidelines listed in subsection (b) of this section. Guidelines - Dignity, sensitivity and respect Criminal Procedure Article, 11-1002(b)(1) (b) A victim of a crime, victim's representative, or witness: (1) should be treated with dignity, respect, courtesy, and sensitivity. Fair Treatment - Delinquent Acts Guidelines - Fair Treatment Criminal Procedure Article, 11-1003(b)(1) (b) A victim of a delinquent act, victim's representative, or witness: (1) should be treated with dignity, respect, courtesy, and sensitivity. Health, Safety and Protection Guidelines - Notice of protection available and request protection Criminal Procedure Article, 11-1002(b)(4) (b) A victim of a crime, victim's representative, or witness: (4) should be told of the protection available, and, on request, be protected by a criminal justice unit, to the extent reasonable, practicable, and, in the unit's discretion, necessary, from harm or threats of harm arising out of the crime victim's or witness's cooperation with law enforcement and prosecution efforts. Monetary Damages -- General Guidelines - Information about services (financial assistance, CICB, etc.) Criminal Procedure Article, 11-1002(b)(6) (b) A victim of a crime, victim's representative, or witness: (6) should be told by the appropriate criminal justice unit of financial assistance, criminal injuries compensation, and any other social services available to the victim of a crime or victim's representative and receive help or information on how to apply for services. 12/31/2007 Statute Text current as of October 1, 2007 Governor's Office of Crime Control & Prevention / Maryland State Board of Victims Services Victims' Rights Compliance Initiative Page 5 of 14 "A Guide to Maryland Crime Victims' Statutory Rights" is the work-product of the Governor's Office of Crime Control & Prevention (GOCCP), the Maryland State Board of Victim Services, and the State of Maryland. This Guide may not be sold, copied, or distributed, by any means, without the express written permission of GOCCP.