In-custody Informants in Maryland

State statute requires each state’s attorney office to track the use of in-custody witness testimony and send the following information to the Governor’s Office of Crime Prevention for maintenance in a statewide index : 1) the substance of the in-custody informant’s testimony, whether or not it was presented in court proceedings, 2) the purpose for which the state’s attorney used the testimony, and 3) any benefit received by the in-custody witness for the testimony.

State’s attorneys are also required to disclose within 30 days of a defendant’s first appearance: 1) benefits provided or expected in exchange for an in-custody witness’s testimony, 2) substance, time, place of any statement made by suspect/defendant to the in-custody witness and made by the in-custody witness to law enforcement, and 3) other cases in which the in-custody witness testified and benefits provided in exchange for their testimony. Additionally, the law requires victims of the in-custody witness’s crimes to be notified if leniency is provided in exchange for their testimony. Effective: October 2020.

Read the statute.


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