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§ 11-722. Schools and child care facilities

West's Annotated Code of MarylandCriminal ProcedureEffective: May 18, 2021

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 11. Victims and Witnesses (Refs & Annos)
Subtitle 7. Sex Offender Registration (Refs & Annos)
Effective: May 18, 2021
MD Code, Criminal Procedure, § 11-722
§ 11-722. Schools and child care facilities
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “County board” has the meaning stated in § 1-101 of the Education Article.
(3) “State Board” has the meaning stated in § 1-101 of the Education Article.
Application of section
(b) This section does not apply to a registrant who enters real property:
(1) where the registrant's child is a student or receives child care, if:
(i) within the past year the registrant has been given the specific written permission of the Superintendent of Schools, the local school board, the principal of the school, or the owner or operator of the registered family child care home, licensed child care home, or licensed child care institution, as applicable; and
(ii) the registrant promptly notifies an agent or employee of the school, home, or institution of the registrant's presence and purpose of visit; or
(2) for the purpose of voting at a school on an election day in the State if the registrant is properly registered to vote and the registrant's polling place is at the school.
Knowing entry of registrant on property used for schools or child care facilities prohibited
(c) Except as provided in subsection (e) of this section, a registrant may not knowingly enter onto real property:
(1) that is used for public or nonpublic elementary or secondary education; or
(2) on which is located:
(i) a family child care home registered under Title 5, Subtitle 5 of the Family Law Article;
(ii) a child care home or a child care institution licensed under Title 5, Subtitle 5 of the Family Law Article; or
(iii) a home where informal child care, as defined in child care subsidy regulations adopted under Title 13A of the Code of Maryland Regulations, is being provided or will be provided to a child who does not reside there.
Knowing employment of registrant by contractor prohibited
(d) A person who enters into a contract with a county board or a nonpublic school may not knowingly employ an individual to work at a school if the individual is a registrant.
Registrants who are students
(e)(1) A registrant who is a student may receive an education in accordance with State law in any of the following locations:
(i) a location other than a public or nonpublic elementary or secondary school, including by:
1. participating in the Home and Hospital Teaching Program for Students; or
2. participating in or attending a program approved by a county board under paragraph (2) of this subsection;
(ii) a Regional Institute for Children and Adolescents; or
(iii) a nonpublic educational program as provided by § 8-406 of the Education Article if:
1. the registrant has notified an agent or employee of the nonpublic educational program that the registrant is required to register under this subtitle; and
2. the registrant has been given specific written permission by an agent or employee of the nonpublic educational program to attend the nonpublic educational program.
(2) Each county board shall develop and adopt a policy that enables a registrant who is a student to receive an education as described under paragraph (1) of this subsection.
(3) The State Board shall develop and adopt guidelines and a model policy to assist a county board with the development of a policy under paragraph (2) of this subsection.
Fines and penalties
(f) A person who violates subsection (c) or (d) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

Credits

Added by Acts 2006, 1st Sp. Sess., c. 4, § 1, eff. June 22, 2006. Amended by Acts 2011, c. 564, § 3, eff. Jan. 1, 2012; Acts 2013, c. 51, § 1, eff. Jan. 1, 2014; Acts 2013, c. 52, § 1, eff. Jan. 1, 2014; Acts 2021, c. 259, § 1, eff. May 18, 2021.
MD Code, Criminal Procedure, § 11-722, MD CRIM PROC § 11-722
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document