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§ 11-508. Notice of defendant or child respondent’s release from confinement

West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2015

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 11. Victims and Witnesses (Refs & Annos)
Subtitle 5. Postsentencing Procedures (Refs & Annos)
Effective: October 1, 2015
MD Code, Criminal Procedure, § 11-508
§ 11-508. Notice of defendant or child respondent’s release from confinement
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Commitment unit” means a unit that a court orders to retain custody of a defendant or a child respondent and that receives a notification request form under § 11-104(g)(1) or (h) of this title.
(3) “Release from confinement” means work release, home detention, or other administrative or statutorily authorized release of a defendant or child respondent from a confinement facility.
(4) “Witness” means a person who:
(i) knows of facts relating to a crime of violence or conspiracy or solicitation to commit a crime of violence; and
(ii) 1. makes a declaration under oath that is received as evidence for any purpose; or
2. has been served with a subpoena issued under the authority of a court of this or any other state or of the United States.
Application of section to victim or victim’s representative who has submitted notification request
(b) This section applies to a victim or victim's representative who has submitted a notification request form under § 11-104 of this title.
Application of section to written notification requests
(c) This section applies if a witness requests in writing that a commitment unit notify the witness in writing of the release from confinement of a defendant or child respondent.
Duties of commitment unit upon receipt of notification request
(d) On receipt of a notification request form under § 11-104(g)(1) or (h) of this title or a written request from a witness for notification, a commitment unit, if practicable, shall notify the victim, victim's representative, or witness of:
(1) receipt of the notification request form;
(2) the date when the defendant or child respondent was placed in the custody of the commitment unit;
(3) how to change the address to receive notice for the victim, victim's representative, witness, or the person to receive notice for the victim; and
(4) how to elect not to receive future notices.
Events requiring notification by commitment unit
(e) The commitment unit shall notify a victim, victim's representative, or witness, in advance if practicable, if any of the following events occur concerning the defendant or child respondent:
(1) an escape;
(2) a recapture;
(3) a transfer to another commitment unit;
(4) a release from confinement and any conditions attached to the release; and
(5) the death of the defendant or child respondent.
Disclosure of address or telephone number of witness, victim, or victim’s representative prohibited
(f) A commitment unit may not disclose to a defendant or child respondent the address or telephone number of a witness, victim, victim's representative, or person who receives notice for the victim.
Immunity of elected public officials, public employees, or public units
(g) An elected public official, public employee, or public unit has the immunity described in §§ 5-302 and 5-522 of the Courts Article regarding civil liability for damages arising out of an action relating to this section, unless the official, employee, or unit acts with gross negligence or in bad faith.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2015, c. 22, § 5.
Formerly Art. 27, § 789.
MD Code, Criminal Procedure, § 11-508, MD CRIM PROC § 11-508
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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