reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 8 - Criminal Injuries Compensation Board › Section 11-806 - Records of Proceedings

(a)    Except as provided under subsection (b) of this section, the record of a proceeding before the Board or a Board member is a public record.
(b)    If the confidentiality of a record or report that the Board obtains is protected by law or regulation, the record or report shall remain confidential, subject to the law or regulation.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 8 - Criminal Injuries Compensation Board › Section 11-807 - Criminal Incident Report

(a)    In this section, “law enforcement unit” means:
(1)    the Department of State Police;
(2)    the Police Department of Baltimore City;
(3)    the police department, bureau, or force of a county;
(4)    the police department, bureau, or force of a municipal corporation;
(5)    the office of the sheriff of a county;
(6)    the office of the State’s Attorney for a county;
(7)    the Office of the Attorney General; or
(8)    the Office of the State Prosecutor.
(b)    When a report of a violent crime is filed with a law enforcement unit, the law enforcement unit shall give to a victim of that violent crime written information that the Board supplies about compensation for victims.
(c)    A failure to comply with this section is not grounds for any civil or criminal action against a law enforcement unit.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 8 - Criminal Injuries Compensation Board › Section 11-808 - Eligibility for Awards

(a)    (1)    Except as provided in paragraph (2) of this subsection, the following persons are eligible for awards in the manner provided under this subtitle:
(i)    a victim;
(ii)    a dependent of a victim who died as a direct result of:
1.    a crime or delinquent act;
2.    trying to prevent a crime or delinquent act or an attempted crime or delinquent act from occurring in the victim’s presence or trying to apprehend a person who had committed a crime or delinquent act in the victim’s presence or had committed a felony or a delinquent act that would be considered a felony if committed by an adult; or
3.    helping a law enforcement officer perform the officer’s duties or helping a member of a fire department who is obstructed from performing the member’s duties;
(iii)    any person who paid or assumed responsibility for the funeral expenses of a victim who died as a direct result of:
1.    a crime or delinquent act;
2.    trying to prevent a crime or delinquent act or an attempted crime or delinquent act from occurring in the victim’s presence or trying to apprehend a person who had committed a crime or delinquent act in the victim’s presence or had committed a felony; or
3.    helping a law enforcement officer perform the officer’s duties or helping a member of a fire department who is obstructed from performing the member’s duties; and
(iv)    1.    a parent, child, or spouse of a victim who resides with the victim; or
2.    a parent, child, or spouse of an individual who is incarcerated for abuse as defined in § 4-501 of the Family Law Article and who, prior to incarceration:
A.    resided with the parent, child, or spouse; and
B.    provided financial support to the parent, child, or spouse.
(2)    A person who commits the crime or delinquent act that is the basis of a claim, or an accomplice of the person, is not eligible to receive an award with respect to the claim.
(b)    A resident of the State is eligible for an award under this subtitle if the resident becomes a victim in another state other than this State that:
(1)    does not operate a criminal injuries compensation program;
(2)    operates a criminal injuries compensation program for which the victim is ineligible; or
(3)    operates a criminal injuries compensation program for which money has not been appropriated or made available.
(c)    (1)    A person eligible to receive an award under subsection (a) or (b) of this section may file a claim under this subtitle.
(2)    If a person eligible to receive an award is under 18 years of age, the person’s parent or guardian may file a claim under this subtitle.
(3)    If a person eligible to receive an award is mentally incompetent, the person’s guardian or other person authorized to administer the person’s estate may file the claim on the person’s behalf.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 8 - Criminal Injuries Compensation Board › Section 11-812 - Funding, Length, and Termination of Awards

(a)    The Board may not make an award unless money is appropriated and available for the full amount of the award.
(b)    If a multiyear award is made, the total amount of the award shall be obligated and held for the time necessary to complete payment in accordance with the provisions of the award.
(c)    If payment of an award is terminated for any reason after June 30 of the fiscal year in which the award was made, the rest of the award shall revert to the Criminal Injuries Compensation Fund established under § 11-819 of this subtitle.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 8 - Criminal Injuries Compensation Board › Section 11-813 - Emergency Award Pending Final Decision

(a)    The Board may make an emergency award to the claimant before making a final decision in the case, if the Board determines, before taking action on the claim, that:
(1)    an award likely will be made on the claim; and
(2)    the claimant will suffer undue hardship unless immediate payment is made.
(b)    (1)    The amount of an emergency award under this section:
(i)    may not exceed $5,000; and
(ii)    shall be deducted from any final award made to the claimant.
(2)    Except as provided in paragraph (3) of this subsection, a claimant shall repay the Board:
(i)    the excess of the amount of the emergency award over any final award; or
(ii)    if a final award is not made, all of the emergency award.
(3)    On written request by a claimant, for a compelling reason the Board may waive the requirement that a claimant repay an emergency award under paragraph (2) of this subsection.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 8 - Criminal Injuries Compensation Board › Section 11-814 - Board Decisions on Claims; Review by Executive Director

(a)    Within 30 days after the receipt of a claim, the Board shall notify the claimant if additional material is required.
(b)    (1)    Except as provided in paragraph (2) of this subsection, within 90 days after the receipt of a claim and all necessary supporting material, the Board shall:
(i)    complete the review and evaluation of each claim; and
(ii)    file with the Executive Director a written report setting forth the decision and the reasons in support of the decision.
(2)    For good cause shown, for a period not to exceed 1 year the Board may extend the time to file its report with the Executive Director after receipt of the claim and all necessary supporting material until the first to occur of the following events:
(i)    the claimant no longer has expenses related to the crime; or
(ii)    the claimant has been awarded the maximum amount authorized under §§ 11–811(b) and 11–812 of this subtitle.
(c)    Within 30 days after the receipt of a written report from the Board, the Executive Director shall modify, affirm, or reverse the decision of the Board.
(d)    The decision of the Executive Director to affirm, modify, or reverse the decision of the Board is final.
(e)    The claimant shall be given a copy of the final report on request.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 8 - Criminal Injuries Compensation Board › Section 11-815 - Applicability of Administrative Procedure Act; Hearing; Judicial Review

(a)    A claim under this subtitle is subject to the applicable provisions of the Administrative Procedure Act.
(b)    If a claimant requests a hearing after the Board has issued proposed findings of fact, conclusions of law, or orders, the Board shall hold a hearing in accordance with the applicable provisions of the Administrative Procedure Act before the Board issues final findings of fact, conclusions of law, or orders.
(c)    Within 30 days after the final decision of the Executive Director, a claimant aggrieved by that decision may appeal the decision under §§ 10–222 and 10–223 of the State Government Article.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 8 - Criminal Injuries Compensation Board › Section 11-816 - Payment of Award

(a)    An award under this subtitle shall be paid in the manner that the Board specifies in its decision.
(b)    An award under this subtitle is not subject to execution or attachment other than for expenses resulting from the injury that is the basis for the claim.
(c)    In each case under this subtitle that provides for compensation to an employee or the employee’s dependent, the Board may convert the compensation to be paid in a partial or total lump sum without discount, if in the Board’s opinion the facts and circumstances of the case warrant.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 8 - Criminal Injuries Compensation Board › Section 11-816.1 - Reimbursement for Forensic Examinations and Other Expenses

(a)    Notwithstanding any other provision of this title, only the provisions of § 11–1007 of this title and any applicable regulations adopted to carry out the provisions of that section apply to reimbursement for forensic examinations and other eligible expenses for cases involving rape, sexual offenses, or child sexual abuse.
(b)    As required under § 11–1007 of this title, the Board shall pay for forensic examinations and other eligible expenses for cases involving rape, sexual offenses, or child sexual abuse.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 8 - Criminal Injuries Compensation Board › Section 11-817 - Subrogation

Acceptance of an award made under this subtitle subrogates the State, to the extent of the award, to any right or right of action of the claimant or the victim to recover payments on account of losses resulting from the crime or delinquent act with respect to which the award is made, including the right to recover restitution ordered under § 11-603 of this title.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 8 - Criminal Injuries Compensation Board › Section 11-818 - False Claims

(a)    A person may not assert a false claim under this subtitle.
(b)    A person who violates this section:
(1)    is guilty of a misdemeanor and on conviction is subject to a fine not less than $500 or imprisonment not exceeding 1 year or both; and
(2)    shall forfeit any benefit received and reimburse the State for payments received or paid on the person’s behalf under this subtitle.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 8 - Criminal Injuries Compensation Board › Section 11-819 - Criminal Injuries Compensation Fund

(a)    (1)    There is a Criminal Injuries Compensation Fund.
(2)    The Fund consists of:
(i)    money distributed to the Fund from the additional court costs collected from defendants under § 7–409 of the Courts Article;
(ii)    any investment earnings or federal matching funds received by the State for criminal injuries compensation; and
(iii)    funds made available to the Fund from any other source.
(3)    The Fund is a special continuing, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(4)    The Treasurer shall separately hold the Fund and the Comptroller shall account for it.
(5)    The Fund shall be invested and reinvested in the same manner as other State Funds.
(6)    The Fund is subject to audit by the Office of Legislative Audits as provided in § 2–1220 of the State Government Article.
(b)    The Criminal Injuries Compensation Fund:
(1)    shall be used to:
(i)    carry out the provisions of this subtitle; and
(ii)    distribute restitution payments forwarded to the Fund under § 9–614 of the Correctional Services Article; and
(2)    may be used for:
(i)    any award given under this subtitle; and
(ii)    the costs of carrying out this subtitle.
(c)    This section does not prohibit the Fund from receiving money from any other source.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 9 - Victims and Witnesses -- Services › Part I - Protection and Relocation of Victims and Witnesses › Section 11-901 - Definitions

(a)    In Part I of this subtitle the following words have the meanings indicated.
(b)    “Fund” means the Victim and Witness Protection and Relocation Fund.
(c)    “Program” means the Victim and Witness Protection and Relocation Program.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 9 - Victims and Witnesses -- Services › Part I - Protection and Relocation of Victims and Witnesses › Section 11-903 - Administration

The State’s Attorneys’ Coordinator shall carry out the Program in accordance with regulations that the State’s Attorneys’ Coordination Council adopts under § 15–205 of this article.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 9 - Victims and Witnesses -- Services › Part I - Protection and Relocation of Victims and Witnesses › Section 11-904 - Purpose; Federal Funds; Expenditures

(a)    Money appropriated to the Program shall be used:
(1)    to protect victims and witnesses and the families of victims and witnesses;
(2)    to relocate victims and witnesses to protect them or to facilitate their participation in court proceedings; and
(3)    to pay the costs of carrying out the Program.
(b)    To the extent possible, the Program shall be used to maximize the use of federal matching funds or programs.
(c)    Expenditures under this section shall be made in accordance with the State budget.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 9 - Victims and Witnesses -- Services › Part I - Protection and Relocation of Victims and Witnesses › Section 11-905 - Victim and Witness Protection and Relocation Fund

(a)    There is a Victim and Witness Protection and Relocation Fund.
(b)    The Fund shall be used to pay for the Program.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 9 - Victims and Witnesses -- Services › Part I - Protection and Relocation of Victims and Witnesses › Section 11-906 - Status; Investments; Construction

(a)    (1)    The Fund is a special continuing, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article.
(2)    The Treasurer shall separately hold the Fund and the Comptroller shall account for it.
(b)    (1)    The Fund shall be invested and reinvested in the same manner as other State funds.
(2)    Any investment earnings or federal matching funds received by the State for victim and witness protection or relocation shall be credited to the Fund.
(c)    This section does not prohibit the Fund from receiving money from any source.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 9 - Victims and Witnesses -- Services › Part II - State Board of Victim Services › Section 11-910 - Definitions

(a)    In Part II of this subtitle the following words have the meanings indicated.
(b)    “Board” means the State Board of Victim Services.
(c)    (1)    “Crime” means conduct that is a crime under:
(i)    common law;
(ii)    § 109 of the Code of Public Local Laws of Caroline County;
(iii)    § 4-103 of the Code of Public Local Laws of Carroll County;
(iv)    § 8A-1 of the Code of Public Local Laws of Talbot County; or
(v)    except as provided in paragraph (2) of this subsection, the Annotated Code.
(2)    “Crime” does not include a violation of the Transportation Article that is not punishable by a term of confinement.
(d)    “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services.
(e)    “Fund” means the State Victims of Crime Fund.
(f)    (1)    “Victim” means a person who suffers direct or threatened physical, emotional, or financial harm as a direct result of a crime or of a violation of § 21-902 of the Transportation Article.
(2)    “Victim” includes a family member of a minor, incompetent, or homicide victim.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 9 - Victims and Witnesses -- Services › Part II - State Board of Victim Services › Section 11-912 - Membership

(a)    The Board consists of the following 22 members:
(1)    as ex officio members:
(i)    the Governor or the Governor’s designee;
(ii)    the Attorney General or the Attorney General’s designee;
(iii)    the chairman of the Maryland Criminal Injuries Compensation Board;
(iv)    the Secretary of Human Services or the Secretary’s designee;
(v)    the Secretary of Juvenile Services or the Secretary’s designee;
(vi)    the Secretary of Public Safety and Correctional Services or the Secretary’s designee; and
(vii)    the Executive Director or the Executive Director’s designee;
(2)    14 persons appointed by the Governor as follows:
(i)    two State’s Attorneys, recommended by the Attorney General;
(ii)    six members of the public, recommended by the Executive Director;
(iii)    four professional victim service providers, recommended by the Executive Director;
(iv)    one representative of the Maryland Chiefs of Police; and
(v)    one representative of the Maryland State Sheriffs’ Association; and
(3)    one member of the judiciary of the State, appointed by the Chief Judge of the Court of Appeals.
(b)    (1)    The term of an appointed member is 5 years.
(2)    The terms of appointed members are staggered as required by the terms provided for members of the Board on October 1, 2001.
(3)    At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies.
(4)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(c)    The Governor may remove a member for incompetence or misconduct.
(d)    The Governor or the Governor’s designee shall serve as chairman.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 9 - Victims and Witnesses -- Services › Part II - State Board of Victim Services › Section 11-913 - Quorum; Meetings; Compensation

(a)    A majority of the members then serving on the Board is a quorum.
(b)    The Board sets the times and places of its meetings.
(c)    A member of the Board:
(1)    may not receive compensation as a member of the Board; but
(2)    is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 9 - Victims and Witnesses -- Services › Part II - State Board of Victim Services › Section 11-914 - Duties

Subject to the authority of the Executive Director, the Board shall:
(1)    submit to the Governor an annual written report of its activities, including its administration of the Fund;
(2)    monitor the service needs of victims;
(3)    advise the Governor on the needs of victims;
(4)    recommend the appointment of the Victim Services Coordinator to the Executive Director;
(5)    review and approve the Victim Services Coordinator’s plans and annual reports, and the Victim Services Coordinator’s implementation, operation, and revision of programs;
(6)    approve or disapprove each grant application submitted by the Governor’s Office of Crime Prevention, Youth, and Victim Services;
(7)    advise the State’s Attorneys’ Coordination Council on the adoption of regulations governing the administration of the Victim and Witness Protection and Relocation Program established under § 11–902 of this subtitle;
(8)    advise the State’s Attorneys’ Coordinator on the administration of the Victim and Witness Protection and Relocation Program;
(9)    (i)    develop pamphlets to notify victims and victim’s representatives of the rights, services, and procedures provided under Article 47 of the Maryland Declaration of Rights or State law, how to request information regarding an unsolved case, and how to request that an offender be placed on electronic monitoring or electronic monitoring with victim stay–away alert technology, including:
1.    one pamphlet relating to the MDEC system protocol registration process and the time before and after the filing of a charging document other than an indictment or information in circuit court; and
2.    a second pamphlet relating to the time after the filing of an indictment or information in circuit court; and
(ii)    develop a poster to notify victims of the right to request a private room in a law enforcement agency or unit to report crimes under Title 3 of the Criminal Law Article; and
(10)    develop a notification request form and an MDEC system protocol in consultation with the Administrative Office of the Courts, through which a victim or victim’s representative may request to be notified under § 11–104 of this title.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 9 - Victims and Witnesses -- Services › Part II - State Board of Victim Services › Section 11-915 - Victim Services Coordinator

(a)    The Executive Director shall appoint a Victim Services Coordinator.
(b)    Subject to the authority of the Executive Director, the Victim Services Coordinator shall:
(1)    provide staff support to the Board on victim services matters;
(2)    monitor, assess, and make recommendations on State and local victim compensation programs and procedures;
(3)    provide technical assistance to local public and private programs that provide victim assistance;
(4)    research and gather data on victims and victim assistance programs, and disseminate the data to the public;
(5)    submit to the Governor, the Attorney General, the Secretary of Public Safety and Correctional Services, and the Board an annual report that includes recommendations on how to improve victim assistance programs;
(6)    ensure that the rights of victims are observed;
(7)    help victims to get the information to which they have a right; and
(8)    monitor compliance with the guidelines for treatment of and assistance to victims and witnesses under §§ 11-1002 and 11-1003 of this title.
(c)    The Victim Services Coordinator is entitled to compensation as provided in the State budget.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 9 - Victims and Witnesses -- Services › Part II - State Board of Victim Services › Section 11-916 - State Victims of Crime Fund -- in General

(a)    There is a State Victims of Crime Fund.
(b)    (1)    The Fund shall be used to pay for:
(i)    carrying out Article 47 of the Maryland Declaration of Rights;
(ii)    carrying out the guidelines for the treatment and assistance for victims and witnesses of crimes and delinquent acts provided in §§ 11–1002 and 11–1003 of this title;
(iii)    carrying out any laws enacted to benefit victims and witnesses of crimes and delinquent acts; and
(iv)    supporting child advocacy centers established under § 11–923(h) of this subtitle.
(2)    The Fund may pay for the administrative costs of the Fund.
(c)    The Board shall administer the Fund.
(d)    Grants awarded by the Board shall be equitably distributed among all purposes of the Fund described in subsection (b) of this section.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 9 - Victims and Witnesses -- Services › Part II - State Board of Victim Services › Section 11-917 - State Victims of Crime Fund -- Status; Investments; Construction

(a)    (1)    The Fund is a special continuing, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article.
(2)    The Treasurer shall separately hold and the Comptroller shall account for the Fund.
(3)    The Comptroller shall make payments from the Fund that the Board approves.
(b)    (1)    The Fund shall be invested and reinvested in the same manner as other State funds.
(2)    Any investment earnings shall be credited to the Fund.
(c)    This section does not prohibit the Fund from receiving money from any source.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 9 - Victims and Witnesses -- Services › Part II - State Board of Victim Services › Section 11-918 - State Victims of Crime Fund -- Audit; Disbursements

(a)    The Fund is subject to an audit by the Office of Legislative Audits under § 2-1220 of the State Government Article.
(b)    Disbursements from the Fund shall supplement and may not be a substitute for any State, local government, or other funds existing on July 1, 1991, for assistance to crime victims or witnesses.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 9 - Victims and Witnesses -- Services › Part II - State Board of Victim Services › Section 11-919 - Grant Program

(a)    There is a grant program.
(b)    The Governor’s Office of Crime Prevention, Youth, and Victim Services shall:
(1)    adopt regulations for the administration and award of grants under Part II of this subtitle; and
(2)    submit all approved grant applications to the Board.
(c)    The Board shall:
(1)    approve each grant application received by the Governor’s Office of Crime Prevention, Youth, and Victim Services before any money is released from the Fund;
(2)    ensure that the money obtained from unclaimed restitution under § 17–317(a)(3)(i) of the Commercial Law Article is used for annual grants to provide legal counsel to victims of crimes and delinquent acts to protect the victims’ rights as provided by law; and
(3)    ensure that grants to child advocacy centers established under § 11–923(h) of this subtitle shall:
(i)    support the development and operation of child advocacy centers; and
(ii)    supplement and not supplant money that the child advocacy centers receive from other sources.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 9 - Victims and Witnesses -- Services › Part III - Help for Victims of Sexual Assault Offenses › Section 11-922 - "Sexual Assault" Defined

In this part, “sexual assault” means rape or a sexual offense in any degree that is specified in §§ 3–303 through 3–310, § 3–314, or § 3–315 of the Criminal Law Article.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 9 - Victims and Witnesses -- Services › Part III - Help for Victims of Sexual Assault Offenses › Section 11-924 - Transporting Alleged Sexual Assault Victims

(a)    The nearest facility to which a victim of sexual assault may be taken shall be designated by the Maryland Department of Health in cooperation with:
(1)    the Medical and Chirurgical Faculty of the State of Maryland; and
(2)    the State’s Attorney in the subdivision where the sexual assault occurred.
(b)    (1)    A police officer, sheriff, or deputy sheriff who receives a report of an alleged sexual assault shall offer the alleged victim the opportunity to be taken immediately to the nearest facility.
(2)    The offer shall be made without regard for the place of the alleged sexual assault or where it is reported.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 9 - Victims and Witnesses -- Services › Part III - Help for Victims of Sexual Assault Offenses › Section 11-929 - Victims of Sexually Assaultive Behavior -- Waivers of Rights Prohibited

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Law enforcement agency” has the meaning stated in § 3–201(d) of the Public Safety Article.
(3)    “Sexually assaultive behavior” has the meaning stated in § 10–923 of the Courts Article.
(4)    “Victim” means any person suspected to have been subjected to sexually assaultive behavior or who claims to have been subjected to sexually assaultive behavior.
(b)    In an interaction with a victim, a law enforcement agency may not present to the victim a form purporting to:
(1)    relieve the law enforcement agency of an obligation to the victim;
(2)    preclude or define the scope of an investigation by the law enforcement agency into an act allegedly committed against the victim;
(3)    prevent or limit a prosecution of an act allegedly committed against the victim; or
(4)    limit a private right of action of the victim pertaining to an act allegedly committed against the victim or the victim’s interaction with the law enforcement agency.
(c)    If a victim requests that the scope of an investigation be limited or that an investigation be temporarily or permanently suspended, the law enforcement agency shall:
(1)    thoroughly document the request; and
(2)    follow up with the victim in accordance with practices recommended by the Maryland Police Training and Standards Commission.
(d)    If a law enforcement agency violates this section, an affected victim may bring an action seeking injunctive or declaratory relief.
(e)    (1)    On or before January 1, 2021, each law enforcement agency in the State shall adopt a policy to enforce the provisions of this section.
(2)    On or before January 15, 2021, each law enforcement agency shall provide a copy of the policy required under this subsection to the Maryland Sexual Assault Evidence Kit Policy and Funding Committee.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 9 - Victims and Witnesses -- Services › Part IV - Petition for U Nonimmigrant Status › Section 11-930 - Definitions

(a)    In this part the following words have the meanings indicated.
(b)    “Certifying entity” means:
(1)    a State or local law enforcement agency;
(2)    a State’s Attorney or deputy or assistant State’s Attorney;
(3)    any other authority that has responsibility for the detection, investigation, or prosecution of a qualifying crime or criminal activity; or
(4)    an agency that has criminal detection or investigative jurisdiction in the agency’s respective areas of expertise, including child protective services, the Commission on Civil Rights, and the Maryland Department of Labor.
(c)    “Certifying official” means:
(1)    the head of a certifying entity;
(2)    an individual in a supervisory role who has been specifically designated by the head of a certifying entity to provide U Nonimmigrant Status certifications on behalf of that entity; or
(3)    any other certifying official defined under Title 8, § 214.14(a)(3)(i) of the Code of Federal Regulations.
(d)    “Qualifying crime” includes a criminal offense for which the nature and elements of the offense are substantially similar to the criminal activity described in subsection (e) of this section and the attempt, conspiracy, or solicitation to commit the offense.
(e)    “Qualifying criminal activity” means criminal activity under § 1101(a)(15)(U)(iii) of the United States Code.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 10 - Treatment and Help › Section 11-1001 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Crime” means conduct that is a crime under the law of this State or federal law.
(c)    (1)    “Disposition” means the sentencing or determination of penalty or punishment to be imposed on a person convicted of a crime or against whom a finding of sufficient facts for conviction is made.
(2)    “Disposition” includes dismissal of charges or other disposition under a plea bargain agreement.
(d)    “Restitution” means money or services that a defendant is ordered to pay or render to a victim, victim’s representative, or other person or governmental unit.
(e)    “Victim” means a person who suffers direct or threatened physical, emotional, or financial harm as a result of a crime.
(f)    “Victim’s representative” includes:
(1)    a spouse, child, sibling, or a parent of a victim who is a minor, incompetent, or a victim of a homicide; or
(2)    a guardian of a minor or an incompetent.
(g)    “Witness” means a person who is or expects to be a State’s witness.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 10 - Treatment and Help › Section 11-1003 - Guidelines for Treatment of Victim of Delinquent Act, Victim's Representative, or Witness

(a)    The appropriate juvenile services unit should tell a victim of a delinquent act, victim’s representative, or witness of the guidelines listed in subsection (b) of this section.
(b)    A victim of a delinquent act, victim’s representative, or witness:
(1)    should be treated with dignity, respect, courtesy, and sensitivity;
(2)    should be told in advance of dates and times of juvenile court proceedings in the case and should be told if the court proceedings to which the victim, victim’s representative, or witness has been summoned will not proceed as scheduled;
(3)    during any phase of the investigative or court proceedings, should be provided, to the extent practicable, with a waiting area that is separate from a child respondent and the family and friends of the child respondent;
(4)    should be told by the appropriate juvenile services unit of financial help, criminal injuries compensation, and any other social services available to the victim and receive help or information on how to apply for services;
(5)    on written request, should be kept reasonably informed by the police or the State’s Attorney of the apprehension of a child respondent and of the closing of the case, and should be told which office to contact for information about the case;
(6)    should be told of the right to have stolen or other property promptly returned and, on written request, have the property promptly returned by a law enforcement unit when evidentiary requirements for prosecution can be satisfied by other means unless there is a compelling law enforcement reason for keeping it;
(7)    should be told, in appropriate cases, by the State’s Attorney of the right to request restitution and, on request, should be helped to prepare the request and should be given advice as to the collection of the payment of any restitution awarded; and
(8)    on written request to the appropriate unit, should be told any time that the child respondent is to be released or escapes.
(c)    The Department of Juvenile Services shall make the guidelines in subsection (b) of this section available to the units involved with carrying out the guidelines.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 10 - Treatment and Help › Section 11-1005 - Victim and Responsible Relative; Cost of Health Services

As provided under § 16–203(a)(4) of the Health – General Article, a victim of sexual abuse, physical abuse, or a crime of violence who is a responsible relative of the perpetrator may not be held liable for the cost of health services provided to the perpetrator of the offense by the Maryland Department of Health.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 10 - Treatment and Help › Section 11-1006 - Programs for Survivors of Homicide Victims

(a)    The General Assembly finds that survivors of homicide victims in the State:
(1)    lack necessary counseling and follow–up services to:
(i)    treat the survivors with dignity, respect, and sensitivity; and
(ii)    inform the survivors of the rights to which they are entitled by law; and
(2)    have the help of only extremely limited support services in some parts of the State.
(b)    The purpose of this section is to facilitate programs that address the special needs of survivors of homicide victims.
(c)    (1)    The Governor’s Office of Crime Prevention, Youth, and Victim Services shall help establish and expand programs for survivors of homicide victims in the State.
(2)    The programs shall:
(i)    serve survivors of homicide victims in all parts of the State;
(ii)    provide or facilitate referrals to appropriate counseling, legal, mental health, and advocacy services for survivors of homicide victims including specialized support services to adult and minor survivors of homicide victims; and
(iii)    provide a toll–free telephone number and assistance to exercise the rights to which the survivors are entitled by law.
(d)    The Governor’s Office of Crime Prevention, Youth, and Victim Services shall award grants to public or private nonprofit organizations to operate the programs for survivors of homicide victims.
(e)    The Governor’s Office of Crime Prevention, Youth, and Victim Services regularly shall consult, collaborate with, and consider the recommendations of service providers to survivors of homicide victims regarding programs, policies, practices, and procedures that impact survivors of homicide victims.
(f)    Money for the programs for survivors of homicide victims shall be as provided in the annual State budget and shall be used to supplement, but not supplant, money that the programs receive from other sources.
(g)    On or before October 1 each year, the Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services shall include a report on the programs for survivors of homicide victims in the annual report submitted by the Governor’s Office of Crime Prevention, Youth, and Victim Services to the General Assembly, in accordance with § 2–1257 of the State Government Article.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 11 - Victim Services Unit › Section 11-1101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Director” means the Director of the Victim Services Unit.
(c)    “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services.
(d)    “Unit” means the Victim Services Unit.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 11 - Victim Services Unit › Section 11-1102 - Victim Services Unit

(a)    There is a Victim Services Unit in the Governor’s Office of Crime Prevention, Youth, and Victim Services.
(b)    The Unit consists of:
(1)    the Criminal Injuries Compensation Board under Subtitle 8 of this title;
(2)    the program for sexual assault forensic examinations under § 11–1007 of this title;
(3)    a restitution section; and
(4)    any other program that provides victim services under the Governor’s Office of Crime Prevention, Youth, and Victim Services that the Executive Director determines would benefit from inclusion under the Unit.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 11 - Victim Services Unit › Section 11-1103 - Director

(a)    The head of the Unit is the Director, who shall be appointed by and serves at the pleasure of the Executive Director.
(b)    The Director shall receive the salary provided in the State budget.
(c)    The Director shall regularly consult with, collaborate with, and consider the recommendations of the federally recognized State sexual assault coalition regarding sexual assault crisis programs and policies, practices, and procedures that impact victims of sexual assault, including administration of the program for sexual assault forensic examinations under § 11–1007 of this title.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 11 - Victim Services Unit › Section 11-1104 - Responsibilities of Unit

The Unit shall coordinate with the Judiciary, the Department of Public Safety and Correctional Services, the Department of Juvenile Services, the Central Collection Unit, State’s Attorney’s offices, and local correctional facilities to:
(1)    collect data;
(2)    develop best practices, using data and other evidence to the extent available, for restitution collection;
(3)    coordinate and improve efforts of State and local entities regarding restitution;
(4)    ensure the interoperability of justice system databases;
(5)    require that each of the databases has a data field to indicate that there are outstanding restitution orders; and
(6)    coordinate efforts to improve restitution collection.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 11 - Victim Services Unit › Section 11-1105 - Additional Responsibilities; Regulations

(a)    The Unit shall:
(1)    monitor and provide guidance to the Secretary on the adoption of regulations establishing minimum mandatory standards for State and local correctional facilities regarding victim notification, restitution, and administrative record keeping;
(2)    encourage the use of earnings withholding orders to collect restitution;
(3)    coordinate with the Central Collection Unit to improve restitution collection;
(4)    coordinate with the Division of Parole and Probation to modernize and improve collections and collaborate on communicating with parole and probation agents on their role in restitution collection;
(5)    coordinate with the Division of Parole and Probation and the Central Collection Unit on ways to expedite the referral of cases to the Central Collection Unit;
(6)    develop programs to be presented to the Maryland State’s Attorneys’ Association to emphasize statutory obligations regarding restitution;
(7)    promote notification to victims; and
(8)    examine the current remedies available to enforce restitution orders to determine whether the remedies are being effectively used and make recommendations regarding the need for additional remedies.
(b)    Except as provided in § 11–805(a)(2) of this title and subject to the authority of the Executive Director, the Unit may adopt regulations to carry out the duties of the Unit.
2023 Maryland Statutes › Criminal Procedure › Title 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 1 - Definitions; Property Subject to Forfeiture › Section 12-102 - Property Subject to Forfeiture

(a)    The following are subject to forfeiture:
(1)    controlled dangerous substances manufactured, distributed, dispensed, acquired, or possessed in violation of the Controlled Dangerous Substances law;
(2)    raw materials, products, and equipment used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting a controlled dangerous substance in violation of the Controlled Dangerous Substances law;
(3)    property used or intended for use as a container for property described in item (1) or (2) of this subsection;
(4)    except as provided in § 12–103 of this subtitle, conveyances, including aircraft, vehicles, or vessels used or intended to be used to transport, or facilitate the transportation, sale, receipt, possession, or concealment of property described in item (1) or (2) of this subsection;
(5)    books, records, and research, including formulas, microfilm, tapes, and data used or intended for use in violation of the Controlled Dangerous Substances law;
(6)    subject to subsection (b) of this section, weapons used or intended to be used in connection with the unlawful manufacture, distribution, or dispensing of a controlled dangerous substance or controlled paraphernalia;
(7)    subject to subsection (b) of this section, any amount of money that is used or intended to be used in connection with the unlawful manufacture, distribution, or dispensing of a controlled dangerous substance;
(8)    drug paraphernalia under § 5–619 of the Criminal Law Article;
(9)    controlled paraphernalia under § 5–620 of the Criminal Law Article;
(10)    except as provided in § 12–103 of this subtitle, the remaining balance of the proceeds of a sale by a holder of an installment sale agreement under § 12–626 of the Commercial Law Article of goods seized under this subtitle;
(11)    except as provided in § 12–103 of this subtitle, real property; and
(12)    everything of value furnished, or intended to be furnished, in exchange for a controlled dangerous substance in violation of the Controlled Dangerous Substances law, all proceeds traceable to the exchange, and all negotiable instruments and securities used, or intended to be used, to facilitate any violation of the Controlled Dangerous Substances law.
(b)    (1)    All rights in, title to, and interest in the money or weapons immediately shall vest in:
(i)    the State, if the seizing authority was a State unit;
(ii)    the county in which the money or weapons were seized, if the seizing authority was a county law enforcement unit, including a sheriff’s office; or
(iii)    the municipal corporation in which the money or weapons were seized, if the seizing authority was a law enforcement unit of a municipal corporation.
(2)    The money or weapons may be returned to the claimant only as this title provides.
2023 Maryland Statutes › Criminal Procedure › Title 12 - Forfeiture -- Controlled Dangerous Substances Violations › Subtitle 1 - Definitions; Property Subject to Forfeiture › Section 12-103 - Conditions Excluding Property From Forfeiture

(a)    Property or an interest in property described in § 12–102(a)(4), (11), and (12) of this subtitle may not be forfeited unless the State establishes by a preponderance of the evidence that the violation of the Controlled Dangerous Substances law was committed with the owner’s actual knowledge.
(b)    (1)    A conveyance used as a common carrier or vehicle for hire in the transaction of business as a common carrier or vehicle for hire may not be seized or forfeited under this title unless it appears that the owner or other person in charge of the conveyance was a consenting party or privy to a violation of the Controlled Dangerous Substances law.
(2)    A conveyance may not be forfeited under this title for an act or omission that the owner shows was committed or omitted by a person other than the owner while the person other than the owner possessed the conveyance in criminal violation of federal law or the law of any state.
(c)    An owner’s interest in real property may not be forfeited for a violation of § 5-601, § 5-619, or § 5-620 of the Criminal Law Article.
(d)    (1)    Except as provided in paragraph (2) of this subsection, real property used as the principal family residence may not be forfeited under this subtitle unless one of the owners of the real property was convicted of a violation of §§ 5-602 through 5-609, §§ 5-612 through 5-614, § 5-617, § 5-618, or § 5-628 of the Criminal Law Article or of an attempt or conspiracy to violate Title 5 of the Criminal Law Article.
(2)    Without a conviction, a court may order a forfeiture of real property used as the principal family residence if the owner of the family residence:
(i)    fails to appear for a required court appearance; and
(ii)    fails to surrender to the jurisdiction of the court within 180 days after the required court appearance.
(e)    Real property used as the principal family residence by a husband and wife and held by the husband and wife as tenants by the entirety may not be forfeited unless:
(1)    the property was used in connection with a violation of §§ 5-602 through 5-609, §§ 5-612 through 5-614, § 5-617, § 5-618, or § 5-628 of the Criminal Law Article or with an attempt or conspiracy to violate Title 5 of the Criminal Law Article; and
(2)    both the husband and wife are convicted of a violation of §§ 5-602 through 5-609, §§ 5-612 through 5-614, § 5-617, § 5-618, or § 5-628 of the Criminal Law Article or of an attempt or conspiracy to violate Title 5 of the Criminal Law Article.