Maryland 2024 Regular Session

Maryland House Bill HB115 Latest Draft

Bill / Chaptered Version Filed 05/23/2024

                             	WES MOORE, Governor 	Ch. 758 
 
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Chapter 758 
(House Bill 115) 
 
AN ACT concerning 
 
Criminal Procedure – Victims’ Rights – Notification of Release From 
Confinement 
(Jaycee Webster Victims’ Rights Act) 
 
FOR the purpose of requiring a certain commitment unit to include in a notification given 
to a victim, victim’s representative, or witness regarding the release from 
confinement of a sentenced defendant or child respondent the name and telephone 
number of a certain victim services employee the Maryland Crime Victims Resource 
Center; and generally relating to victims’ rights. 
 
BY repealing and reenacting, with amendments, 
 Article – Criminal Procedure 
Section 11–508 
 Annotated Code of Maryland 
 (2018 Replacement Volume and 2023 Supplement) 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That the Laws of Maryland read as follows: 
 
Article – Criminal Procedure 
 
11–508. 
 
 (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 
  Ch. 758 	2024 LAWS OF MARYLAND  
 
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 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. 
 
 (b) This section applies to a victim or victim’s representative who has submitted 
a notification request form under § 11–104 of this title. 
 
 (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. 
 
 (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. 
 
 (e) (1) 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)] (I) an escape; 
 
 [(2)] (II) a recapture; 
 
 [(3)] (III) a transfer to another commitment unit; 
 
 [(4)] (IV) a release from confinement and any conditions attached to the 
release; and 
 
 [(5)] (V) the death of the defendant or child respondent. 
 
 (2) WHEN A SENTENCED DEFE NDANT OR CHILD RESPO NDENT IS 
BEING RELEASED FROM CONFINEMENT , THE COMMITMENT UNIT SHALL INCLUDE IN 
THE NOTIFICATION REQ UIRED UNDER PARAGRAP H (1) OF THIS SUBSECTION T HE 
NAME AND TELEPHONE NUMBER OF THE LEAD VICTIM SERVICES EMPLOYEE OF T HE 
STATE’S ATTORNEY’S OFFICE OF THE COUN TY IN WHICH THE SENT ENCED   	WES MOORE, Governor 	Ch. 758 
 
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DEFENDANT OR CHILD R ESPONDENT WAS PROSEC UTED MARYLAND CRIME VICTIMS 
RESOURCE CENTER. 
 
 (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. 
 
 (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. 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 
October 1, 2024.  
 
Approved by the Governor, May 16, 2024.