EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *hb0115* HOUSE BILL 115 E2, E5 4lr0615 SB 684/23 – JPR (PRE–FILED) CF SB 4 By: Delegates Kaufman, Solomon, Attar, Buckel, Grammer, Hinebaugh , Hornberger, T. Morgan, Patterson, Pena–Melnyk, Pruski, Simpson, Stein, and Wu Wu, Munoz, Cardin, Schmidt, Simmons, Phillips, Arikan, Taylor, Valentine, and Conaway Requested: September 11, 2023 Introduced and read first time: January 10, 2024 Assigned to: Judiciary Committee Report: Favorable with amendments House action: Adopted Read second time: March 17, 2024 CHAPTER ______ AN ACT concerning 1 Criminal Procedure – Victims’ Rights – Notification of Release From 2 Confinement 3 (Jaycee Webster Victims’ Rights Act) 4 FOR the purpose of requiring a certain commitment unit to include in a notification given 5 to a victim, victim’s representative, or witness regarding the release from 6 confinement of a sentenced defendant or child respondent the name and telephone 7 number of a certain victim services employee the Maryland Crime Victims Resource 8 Center; and generally relating to victims’ rights. 9 BY repealing and reenacting, with amendments, 10 Article – Criminal Procedure 11 Section 11–508 12 Annotated Code of Maryland 13 (2018 Replacement Volume and 2023 Supplement) 14 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15 That the Laws of Maryland read as follows: 16 Article – Criminal Procedure 17 2 HOUSE BILL 115 11–508. 1 (a) (1) In this section the following words have the meanings indicated. 2 (2) “Commitment unit” means a unit that a court orders to retain custody 3 of a defendant or a child respondent and that receives a notification request form under § 4 11–104(g)(1) or (h) of this title. 5 (3) “Release from confinement” means work release, home detention, or 6 other administrative or statutorily authorized release of a defendant or child respondent 7 from a confinement facility. 8 (4) “Witness” means a person who: 9 (i) knows of facts relating to a crime of violence or conspiracy or 10 solicitation to commit a crime of violence; and 11 (ii) 1. makes a declaration under oath that is received as 12 evidence for any purpose; or 13 2. has been served with a subpoena issued under the 14 authority of a court of this or any other state or of the United States. 15 (b) This section applies to a victim or victim’s representative who has submitted 16 a notification request form under § 11–104 of this title. 17 (c) This section applies if a witness requests in writing that a commitment unit 18 notify the witness in writing of the release from confinement of a defendant or child 19 respondent. 20 (d) On receipt of a notification request form under § 11–104(g)(1) or (h) of this 21 title or a written request from a witness for notification, a commitment unit, if practicable, 22 shall notify the victim, victim’s representative, or witness of: 23 (1) receipt of the notification request form; 24 (2) the date when the defendant or child respondent was placed in the 25 custody of the commitment unit; 26 (3) how to change the address to receive notice for the victim, victim’s 27 representative, witness, or the person to receive notice for the victim; and 28 (4) how to elect not to receive future notices. 29 (e) (1) The commitment unit shall notify a victim, victim’s representative, or 30 witness, in advance if practicable, if any of the following events occur concerning the 31 defendant or child respondent: 32 HOUSE BILL 115 3 [(1)] (I) an escape; 1 [(2)] (II) a recapture; 2 [(3)] (III) a transfer to another commitment unit; 3 [(4)] (IV) a release from confinement and any conditions attached to the 4 release; and 5 [(5)] (V) the death of the defendant or child respondent. 6 (2) WHEN A SENTENCED DEFE NDANT OR CHILD RESPO NDENT IS 7 BEING RELEASED FROM CONFINEMENT , THE COMMITMENT UNIT SHALL INCLUD E IN 8 THE NOTIFICATION REQ UIRED UNDER PARAGRAP H (1) OF THIS SUBSECTION T HE 9 NAME AND TELEPHONE NUMBER OF THE LEAD VICTIM SERVICES EMPLOYEE OF THE 10 STATE’S ATTORNEY’S OFFICE OF THE COUN TY IN WHICH THE SENT ENCED 11 DEFENDANT OR CHILD R ESPONDENT WAS PROSEC UTED MARYLAND CRIME VICTIMS 12 RESOURCE CENTER. 13 (f) A commitment unit may not disclose to a defendant or child respondent the 14 address or telephone number of a witness, victim, victim’s representative, or person who 15 receives notice for the victim. 16 (g) An elected public official, public employee, or public unit has the immunity 17 described in §§ 5–302 and 5–522 of the Courts Article regarding civil liability for damages 18 arising out of an action relating to this section, unless the official, employee, or unit acts 19 with gross negligence or in bad faith. 20 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21 October 1, 2024. 22 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ Speaker of the House of Delegates. ________________________________________________________________________________ President of the Senate.