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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0220*
SENATE BILL 220
E2 6lr0103
(PRE–FILED) CF HB 287
By: Chair, Judicial Proceedings Committee (By Request – Departmental – Public
Safety and Correctional Services)
Requested: September 26, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Criminal Procedure – Lifetime Sexual Offender Supervision – Conditions, 2
Violations, and Petitions for Discharge 3
FOR the purpose of altering certain provisions relating to lifetime sexual offender 4
supervision, including conditions of supervision, reporting requirements for certain 5
sexual offender management teams, hearing requirements, and provisions relating 6
to notice to victims and the filing of petitions; and generally relating to lifetime 7
sexual offender supervision. 8
BY repealing and reenacting, with amendments, 9
Article – Criminal Procedure 10
Section 11–723 and 11–724 11
Annotated Code of Maryland 12
(2025 Replacement Volume) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Criminal Procedure 16
11–723. 17
(a) Except where a term of natural life without the possibility of parole is imposed, 18
a sentence for the following persons shall include a term of lifetime sexual offender 19
supervision: 20
(1) a person who is a sexually violent predator; 21
(2) a person who has been convicted of a violation of: 22
2 SENATE BILL 220
(i) § 3–303 or § 3–304 of the Criminal Law Article; or 1
(ii) § 3–305 or § 3 –306 of the Criminal Law Article as the sections 2
existed before October 1, 2017, if the person was an adult at the time of the offense; 3
(3) a person who has been convicted of a violation of § 3 –309 or § 3–310 of 4
the Criminal Law Article, § 3–311 of the Criminal Law Article as the section existed before 5
October 1, 2017, or , if the person was an adult at the time of the offense, an attempt to 6
commit a violation of § 3 –306 of the Criminal Law Article as the se ction existed before 7
October 1, 2017; 8
(4) a person who has been convicted of a violation of § 3–602 of the Criminal 9
Law Article: 10
(i) that was committed when the person was an adult against a child 11
under the age of 13 years; or 12
(ii) that was committed when the person was at least 21 years old 13
against a child under the age of 16 years; 14
(5) a person who is required to register under § 11 –704(c) of this subtitle; 15
and 16
(6) a person who has been convicted more than once arising out of separate 17
incidents of a crime that requires registration under this subtitle. 18
(b) Except where a term of natural life without the possibility of parole is imposed, 19
a sentence for a violation of § 3–307(a)(1) or (2) of the Criminal Law Article may include a 20
term of lifetime sexual offender supervision. 21
(c) (1) Except as provided in paragraph (2) of this subsection, the term of 22
lifetime sexual offender supervision imposed on a person for a crime committed on or after 23
October 1, 2010, shall: 24
(i) be a term of life; and 25
(ii) commence on the expiration of the later of any term of 26
imprisonment, probation, parole, or mandatory supervision. 27
(2) For a person who is required to register under § 11 –704(c) of this 28
subtitle, the term of lifetime sexual offender sup ervision imposed for an act committed on 29
or after October 1, 2010, shall: 30
(i) commence when the person’s obligation to register commences; 31
and 32
SENATE BILL 220 3
(ii) expire when the person’s obligation to register expires, unless the 1
juvenile court: 2
1. finds after a hearing that there is a compelling reason for 3
the supervision to continue; and 4
2. orders the supervision to continue for a specified period of 5
time. 6
(d) (1) For a sentence that includes a term of lifetime sexual offender 7
supervision, the sentencing court, or juvenile court in the case of a person who is required 8
to register under § 11 –704(c) of this subtitle, shall impose special conditions of lifetime 9
sexual offender supervision on the person at the time of sentencing, or imposition of th e 10
registration requirement in juvenile court, and advise the person of the length, conditions, 11
and consecutive nature of that supervision. 12
(2) Before imposing special conditions, the sentencing court or juvenile 13
court shall order: 14
(i) a presentence investigation in accordance with § 6 –112 of the 15
Correctional Services Article; and 16
(ii) for a sentence for a violation of § 3–307(a)(1) or (2) of the Criminal 17
Law Article, a risk assessment of the person conducted by a sexual offender treatment 18
provider. 19
(3) THE CONDITIONS OF LIFETIME SEXUAL OFFENDER SUPERVISION 20
SHALL INCLUDE: 21
(I) ALL STANDARD AND SPECIAL CONDITIONS OF SUPERVISION 22
IMPOSED BY THE SENTENCING COURT AT THE TIME OF SENTENCING; AND 23
(II) ALL STANDARD AND SPECIAL CONDITIONS OF SUPERVISION 24
IMPOSED BY THE MARYLAND PAROLE COMMISSION AT THE TIME OF RELEASE FROM 25
CUSTODY. 26
[(3)] (4) The conditions of lifetime sexual offender supervision may 27
include: 28
(i) monitoring through global positioning satellite tracking or 29
equivalent technology; 30
(ii) where appropriate and feasible, restricting a person from living 31
in proximity to or loitering near schools, family child care homes, child care centers, and 32
other places used primarily by minors; 33
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(iii) restricting a person from obtaining employment or from 1
participating in an activity that would bring the person into contact with minors; 2
(iv) requiring a person to participate in a sexual offender treatment 3
program; 4
(v) prohibiting a person from using illicit drugs or alcohol; 5
(vi) authorizing a parole and probation agent to access the person’s 6
personal computer to check for material relating to sexual relations with minors; 7
(vii) requiring a person to take regular polygraph examinations; 8
(viii) prohibiting a person from contacting specific individuals or 9
categories of individuals; and 10
(ix) any other conditions deemed appropriate by the sentencing court 11
or juvenile court. 12
[(4)] (5) The sentencing court or juvenile c ourt may adjust the special 13
conditions of lifetime sexual offender supervision, in consultation with the person’s sexual 14
offender management team. 15
11–724. 16
(a) (1) A person subject to lifetime sexual offender supervision may not 17
knowingly or willfully vi olate the conditions of the lifetime sexual offender supervision 18
imposed under § 11–723 of this subtitle. 19
(2) IF A PERSON VIOLATES A CONDITION OF LIFET IME SEXUAL 20
OFFENDER SUPERVISION , THE SEXUAL OFFENDER MANAGEMENT TEAM SHAL L 21
REPORT THE VIOLATION TO THE OFFICE OF THE STATE’S ATTORNEY FOR THE 22
JURISDICTION IN WHICH THE VIOLATION OCCURRED. 23
(b) A person who violates any conditions imposed under § 11–723 of this subtitle: 24
(1) for a first offense, is guilty of a misdemeanor and on conviction is subject 25
to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both; and 26
(2) for a second or subsequent offense, is guilty of a felony and on conviction 27
is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both. 28
(c) Imprisonment for a lifetime sexual offender supervision violation is not 29
subject to diminution credits. 30
SENATE BILL 220 5
(d) (1) A violation of subsection (a) of this section does not discharge a person 1
from lifetime sexual offender supervision. 2
(2) On release from a sentence imposed under subsection (b) of this section, 3
a person remains on lifetime sexual offender supervision, subject to the original terms of 4
supervision, until discharged under subsection (f) of this section. 5
(e) During the period of lifetime sexual offender supervision, the court may: 6
(1) remand the person to a correctional facility or release the person with 7
or without bail pending the hearing or determination of a charge of violation of a condition 8
of lifetime sexual offender supervision; and 9
(2) if the court finds that the person committed a violation of a condition of 10
supervision, impose a sentence as prescribed in subsection (b) of this section. 11
(f) (1) The sentencing court shall [hear and ] adjudicate a petition for 12
discharge from lifetime sexual offender supervision. 13
(2) A person may file a petition for discharge after serving at least 5 years 14
of extended sexual offender supervision. 15
(3) If a petition for discharge is denied, a person may not renew the petition 16
for a minimum of [1 year] 2 YEARS. 17
(4) A VICTIM OR VICTIM ’S REPRESENTATIVE WHO HAS REQUESTED 18
NOTICE UNDER § 11–104 OF THIS TITLE SHALL BE NOTIFIED OF THE PETITION FOR 19
DISCHARGE AND OF THE FINAL DECISION OF THE JUDGE IN GRANTING OR DENYING 20
THE PETITION. 21
[(4)] (5) A petition for discharge shall include[: 22
(i) a risk assessment of the person conducted by a sexual offender 23
treatment provider within 3 months before the date of the filing of the petition] A REPORT 24
FROM THE SEXUAL OFFENDER MANAGEMENT TEAM THAT INCLUDES: 25
(I) A RISK ASSESSMENT OF THE PERSON CONDUCTED BY A 26
SEXUAL OFFENDER TREATMENT PROVIDER APPROVED BY THE DEPARTMENT; 27
(II) A POLYGRAPH EXAMINATION OF THE PERSON CO NDUCTED 28
BY A POLYGRAPH EXAMINER APPROVED BY THE DEPARTMENT; and 29
[(ii)] (III) a recommendation FROM THE SEXUAL OFFE NDER 30
MANAGEMENT TEAM regarding the discharge of the person from [the sexual offender 31
management team] LIFETIME SEXUAL OFFENDER SUPERVISION. 32
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[(5)] (6) (i) The sentencing court may not deny a petition for discharge 1
without a hearing. 2
(ii) The court may not discharge a person from lifetime sexual 3
offender supervision unless the court makes a finding on the record that the petitioner is 4
no longer a danger to others. 5
(III) 1. IF, BASED ON A REVIEW OF THE PETITION FOR 6
DISCHARGE AND ANY ACCOMPANYING DOCUMENTS, AND WITHOUT A HEARING, THE 7
COURT DETERMINES THA T THE PETITIONER QUA LIFIES FOR DISCHARGE FROM 8
LIFETIME SEXUAL OFFE NDER SUPERVISION , THE COURT SHALL NOTI FY THE 9
STATE’S ATTORNEY. 10
2. IF, AFTER A NOTIFICATION FROM THE COURT UNDER 11
SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH, THE STATE’S ATTORNEY REQUESTS 12
A HEARING ON THE MATTER, THE COURT SHALL HOLD A HEARING. 13
[(6)] (7) (i) The judge who originally imposed the lifetime sexual 14
offender supervision shall [hear] ADJUDICATE a petition for discharge. 15
(ii) If the judge has been removed from office, has died or resigned, 16
or is otherwise incapacitated, another judge may act in the matter. 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2026. 19