reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 1 - General Provisions › Part II - Right to Hiv and Hepatitis C Testing › Section 11-114 - Disclosure of Test Results

(a)    A victim or victim’s representative who receives notification under § 11-113(b) of this subtitle may disclose the results of the test to another person to protect the health and safety of, or to seek compensation for, the victim, the victim’s sexual partner, or the victim’s family.
(b)    (1)    Except as otherwise provided in Part II of this subtitle, a person who receives notification or disclosure of the results of the test under subsection (a) of this section may not knowingly disclose the results of that test.
(2)    A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $5,000 or both.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 1 - General Provisions › Part II - Right to Hiv and Hepatitis C Testing › Section 11-115 - Test Results Not Admissible as Evidence

The results of a test held under Part II of this subtitle are not admissible as evidence of guilt or innocence in a criminal proceeding arising out of the alleged prohibited exposure.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 1 - General Provisions › Part II - Right to Hiv and Hepatitis C Testing › Section 11-116 - Immunity for State Employees and Agents

An agent or employee of the Maryland Department of Health or any other State employee who complies with Part II of this subtitle has the immunity from liability described under § 5–522 of the Courts Article for actions taken in accordance with Part II of this subtitle.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 1 - General Provisions › Part II - Right to Hiv and Hepatitis C Testing › Section 11-117 - Regulations

The Maryland Department of Health shall adopt regulations to carry out Part II of this subtitle, including regulations on:
(1)    the confidentiality of HIV or hepatitis C test results; and
(2)    giving the victim or victim’s representative counseling regarding HIV or hepatitis C, HIV or hepatitis C testing, and referral for appropriate health care and support services.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 2 - Pretrial Rights › Section 11-202 - Victim of Delinquent Act

(a)    In this section, “victim” has the meaning stated in § 3-8A-01 of the Courts Article.
(b)    A victim of a delinquent act has the rights provided under Title 3, Subtitle 8A of the Courts Article.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 2 - Pretrial Rights › Section 11-203 - Protection of Victim Before Trial or Hearing

As provided under § 5-201 of this article or § 3-8A-15 of the Courts Article, the court, a juvenile intake officer, or a District Court commissioner shall consider:
(1)    the safety of the alleged victim in setting conditions of:
(i)    the pretrial release of a defendant; or
(ii)    the prehearing release of a child respondent who is alleged to have committed a delinquent act; and
(2)    a condition of no contact with the alleged victim or the alleged victim’s premises or place of employment.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 2 - Pretrial Rights › Section 11-204 - Competence Examination Notification

As provided under § 3–122 of this article, the Maryland Department of Health shall notify a victim of a crime of violence or a victim or victim’s representative who has filed a notification request form under § 11–104 of this title whenever the Department receives a court order to examine a defendant to determine whether the defendant was criminally responsible for the alleged crime or is competent to stand trial.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 2 - Pretrial Rights › Section 11-205 - Restrictions on Release of Information

(a)    In this section, “domestically related crime” has the meaning stated in § 6–233 of this article.
(b)    On request of the State, a victim of or witness to a felony or domestically related crime or delinquent act that would be a felony or domestically related crime if committed by an adult, or a victim’s representative, a judge, State’s Attorney, District Court commissioner, intake officer, or law enforcement officer may withhold the address or telephone number of the victim, victim’s representative, or witness before the trial or adjudicatory hearing in a juvenile delinquency proceeding, unless a judge determines that good cause has been shown for the release of the information.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 3 - Trial Procedures › Section 11-301 - Release of Address or Phone Number of Victim or Witness

On motion of the State or on request of a victim or witness, during a criminal trial or a juvenile delinquency adjudicatory hearing, a court may prohibit the release of the address or telephone number of the victim or witness unless the court determines that good cause is shown for the release of the information.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 3 - Trial Procedures › Section 11-302 - Presence of Victim or Representative at Trial

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Representative” means a person who is designated by:
(i)    the next of kin or guardian of a victim who is deceased or disabled; or
(ii)    the court in a dispute over who will be the representative.
(3)    “Victim” means a person who is the victim of a crime or delinquent act.
(b)    This section applies to:
(1)    a criminal trial; and
(2)    a juvenile delinquency adjudicatory hearing that is held in open court or that a victim or representative may attend under § 3-8A-13 of the Courts Article.
(c)    Except as provided in subsections (d) and (e) of this section:
(1)    a representative has the right to be present at the trial of the defendant or juvenile delinquency adjudicatory hearing of the child respondent; and
(2)    after initially testifying, a victim has the right to be present at the trial of the defendant or juvenile delinquency adjudicatory hearing of the child respondent.
(d)    The court may sequester a representative or, after a victim has initially testified, the victim from any part of the trial or juvenile delinquency adjudicatory hearing on request of the defendant, child respondent, or the State only after the court determines, with specific findings of fact on the record, that:
(1)    there is reason to believe that the victim will be recalled or the representative will be called to testify at the trial or juvenile delinquency adjudicatory hearing; and
(2)    the presence of the victim or representative would influence the victim’s or representative’s future testimony in a manner that would materially affect a defendant’s right to a fair trial or a child respondent’s right to a fair hearing.
(e)    The court may remove a victim or representative from the trial or juvenile delinquency adjudicatory hearing for the same causes and in the same manner as the law provides for the exclusion or removal of a defendant or a child respondent.
(f)    As provided in § 9-205 of the Courts Article, a person may not be deprived of employment solely because of job time lost because the person attended a proceeding that the person has a right to attend under this section.
(g)    This section does not limit a victim’s or representative’s right to attend a trial or juvenile delinquency adjudicatory hearing as provided in § 3-8A-13 of the Courts Article or § 11-102 of this title.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 4 - Sentencing Procedures › Section 11-401 - "Victim's Representative" Defined

In this subtitle, “victim’s representative” means:
(1)    a member of the victim’s immediate family; or
(2)    another family member, the personal representative, or guardian of the victim if the victim is:
(i)    deceased;
(ii)    under a mental, physical, or legal disability; or
(iii)    otherwise unable to provide the required information.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 4 - Sentencing Procedures › Section 11-402 - Victim Impact Statement in Presentence Investigation

(a)    A presentence investigation that the Division of Parole and Probation completes under § 6-112 of the Correctional Services Article or a predisposition investigation that the Department of Juvenile Services completes shall include a victim impact statement if:
(1)    the defendant or child respondent caused physical, psychological, or economic injury to the victim in committing a felony or delinquent act that would be a felony if committed by an adult; or
(2)    the defendant caused serious physical injury or death to the victim in committing a misdemeanor.
(b)    If the court does not order a presentence investigation or predisposition investigation, the prosecuting attorney or the victim may prepare a victim impact statement to be submitted to the court and the defendant or child respondent in accordance with the Maryland Rules.
(c)    (1)    The prosecuting attorney shall notify a victim who has filed a notification request form under § 11-104 of this title of the victim’s right to submit a victim impact statement to the court in a transfer hearing under § 4-202 of this article or a waiver hearing under § 3-8A-06 of the Courts Article.
(2)    This subsection does not preclude a victim who has not filed a notification request form under § 11-104 of this title from submitting a victim impact statement to the court.
(3)    The court may consider a victim impact statement in determining whether to transfer jurisdiction under § 4-202 of this article or waive jurisdiction under § 3-8A-06 of the Courts Article.
(d)    The court shall consider the victim impact statement in determining the appropriate sentence or disposition and in entering a judgment of restitution for the victim under § 11-603 of this title.
(e)    A victim impact statement for a crime or delinquent act shall:
(1)    identify the victim;
(2)    itemize any economic loss suffered by the victim;
(3)    identify any physical injury suffered by the victim and describe the seriousness and any permanent effects of the injury;
(4)    describe any change in the victim’s personal welfare or familial relationships;
(5)    identify any request for psychological services initiated by the victim or the victim’s family;
(6)    identify any request by the victim to prohibit the defendant or child respondent from having contact with the victim as a condition of probation, parole, mandatory supervision, work release, or any other judicial or administrative release of the defendant or child respondent, including a request for electronic monitoring or electronic monitoring with victim stay–away alert technology; and
(7)    contain any other information related to the impact on the victim or the victim’s family that the court requires.
(f)    If the victim is deceased, under a mental, physical, or legal disability, or otherwise unable to provide the information required under this section, the information may be obtained from the victim’s representative.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 4 - Sentencing Procedures › Section 11-403 - Right of Victim or Victim's Representative to Address Court During Sentencing or Disposition Hearing

(a)    In this section, “sentencing or disposition hearing” means a hearing at which the imposition of a sentence, disposition in a juvenile court proceeding, or alteration of a sentence or disposition in a juvenile court proceeding is considered.
(b)    In the sentencing or disposition hearing the court, if practicable, shall allow the victim or the victim’s representative to address the court under oath before the imposition of sentence or other disposition:
(1)    at the request of the prosecuting attorney;
(2)    at the request of the victim or the victim’s representative; or
(3)    if the victim has filed a notification request form under § 11–104 of this title.
(c)    (1)    If the victim or the victim’s representative is allowed to address the court, the defendant or child respondent may cross–examine the victim or the victim’s representative.
(2)    The cross–examination is limited to the factual statements made to the court.
(d)    (1)    A victim or the victim’s representative has the right not to address the court at the sentencing or disposition hearing.
(2)    A person may not attempt to coerce a victim or the victim’s representative to address the court at the sentencing or disposition hearing.
(e)    (1)    If the victim or the victim’s representative fails to appear at a hearing on a motion for a revision, modification, or reduction of a sentence or disposition in circuit court or juvenile court, the prosecuting attorney shall state on the record that proceeding without the appearance of the victim or the victim’s representative is justified because:
(i)    the victim or victim’s representative was contacted by the prosecuting attorney and waived the right to attend the hearing;
(ii)    efforts were made to contact the victim or the victim’s representative and, to the best knowledge and belief of the prosecuting attorney, the victim or victim’s representative cannot be located; or
(iii)    the victim or victim’s representative has not filed a notification request form under § 11–104 of this title.
(2)    If the court is not satisfied by the statement that proceeding without the appearance of the victim or the victim’s representative is justified, or, if no statement is made, the court may postpone the hearing.
(f)    A victim or victim’s representative who has been denied a right provided under this section may file an application for leave to appeal in the manner provided under § 11–103 of this title.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 5 - Postsentencing Procedures › Section 11-501 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Victim” means a person who suffers direct or threatened physical, emotional, or financial harm as a direct result of a crime or delinquent act.
(c)    “Victim’s representative” includes:
(1)    a family member of a victim who is a minor, an incompetent, or a victim of homicide; or
(2)    a guardian of a minor or an incompetent.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 5 - Postsentencing Procedures › Section 11-503 - Notice of Subsequent Proceedings

(a)    In this section, “subsequent proceeding” includes:
(1)    a sentence review under § 8–102 of this article;
(2)    a hearing on a request to have a sentence modified or vacated under the Maryland Rules;
(3)    in a juvenile delinquency proceeding, a review of a commitment order or other disposition under the Maryland Rules;
(4)    an appeal to the Court of Special Appeals;
(5)    an appeal to the Court of Appeals;
(6)    a hearing on an adjustment of special conditions of lifetime sexual offender supervision under § 11–723 of this title or a hearing on a violation of special conditions of lifetime sexual offender supervision or a petition for discharge from special conditions of lifetime sexual offender supervision under § 11–724 of this title; and
(7)    any other postsentencing court proceeding.
(b)    Following conviction or adjudication and sentencing or disposition of a defendant or child respondent, the State’s Attorney shall notify the victim or victim’s representative of a subsequent proceeding in accordance with § 11–104(f) of this title if:
(1)    before the State’s Attorney distributes notification request forms under § 11–104(d) of this title, the victim or victim’s representative submitted to the State’s Attorney a written request to be notified of subsequent proceedings; or
(2)    after the State’s Attorney distributes notification request forms under § 11–104(d) of this title, the victim or victim’s representative submits a notification request form in accordance with § 11–104(e) of this title.
(c)    (1)    The State’s Attorney’s office shall:
(i)    notify the victim or victim’s representative of all appeals to the Court of Special Appeals and the Court of Appeals; and
(ii)    send an information copy of the notification to the Office of the Attorney General.
(2)    After the initial notification to the victim or victim’s representative or receipt of a notification request form, as defined in § 11–104 of this title, the Office of the Attorney General shall:
(i)    notify the victim or victim’s representative of each subsequent date pertinent to the appeal, including dates of hearings, postponements, and decisions of the appellate courts; and
(ii)    send an information copy of the notification to the State’s Attorney’s office.
(d)    A notice sent under this section shall include the date, the time, the location, and a brief description of the subsequent proceeding.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 5 - Postsentencing Procedures › Section 11-504 - Proceedings at Patuxent Institution -- Notice and Comment

(a)    Before the Board of Review for Patuxent Institution grants work release or leave of absence to an eligible person, the Board shall give the victim or victim’s representative notice and opportunity for comment as provided under § 4-303(b) of the Correctional Services Article.
(b)    (1)    Before the Board of Review for Patuxent Institution decides whether to grant parole to an eligible person, the Board shall give the victim or victim’s representative notice and the opportunity for comment as provided under § 4-305(d) of the Correctional Services Article.
(2)    If the Board of Review for Patuxent Institution petitions a court to suspend or vacate the sentence of a person who has successfully completed 3 years on parole without violation and who the Board concludes is safe to be permanently released, the Board shall notify the victim or victim’s representative as provided under § 4-305(f) of the Correctional Services Article.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 5 - Postsentencing Procedures › Section 11-505 - Department of Public Safety and Correctional Services -- Notice and Comment

(a)    This section applies to a victim or victim’s representative who:
(1)    has made a written request to the Department for notification under § 7–801(b)(1)(ii) of the Correctional Services Article; or
(2)    has filed a notification request form under § 11–104 of this title.
(b)    (1)    If a parole release hearing is scheduled for an inmate who has been convicted of and sentenced for a crime, the victim or victim’s representative has the rights provided under § 7–801 of the Correctional Services Article.
(2)    At a parole release hearing, a victim or victim’s representative has the rights provided under § 7–304 of the Correctional Services Article.
(c)    (1)    Whenever a person who was convicted of a crime is found in violation of a condition of parole, the Department shall notify the victim or victim’s representative as provided under § 7–804 of the Correctional Services Article.
(2)    Whenever a warrant or subpoena is issued for a person who was convicted of a crime for an alleged violation of a condition of parole, the Department shall notify the victim or victim’s representative as provided under § 7–804 of the Correctional Services Article.
(d)    Whenever a person who is sentenced is considered for a commutation, pardon, or remission of sentence:
(1)    the Department shall notify the victim or victim’s representative as provided under § 7–805(a) and (e) of the Correctional Services Article; and
(2)    a victim or victim’s representative has the additional rights regarding submission and consideration of a victim impact statement provided under § 7–805(b) and (c) of the Correctional Services Article.
(e)    (1)    Whenever a person convicted of a crime is found in violation of a condition of mandatory supervision, the Department shall notify the victim or victim’s representative as provided under § 7–505(b) of the Correctional Services Article.
(2)    Whenever a warrant or subpoena is issued for a person convicted of a crime for an alleged violation of a condition of mandatory supervision, the Department shall notify the victim or victim’s representative as provided under § 7–804 of the Correctional Services Article.
(f)    Before entering into a predetermined parole release agreement with an inmate, the Maryland Parole Commission shall notify the victim or victim’s representative as provided under § 7–803 of the Correctional Services Article.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 5 - Postsentencing Procedures › Section 11-506 - Victim's Rights After Finding of Not Criminally Responsible

Whenever a person has been committed to the Maryland Department of Health under § 3–112 of this article for a crime of violence and a victim of the crime or a victim’s representative has submitted a written request to the Maryland Department of Health for notification or submitted a notification request form under § 11–104 of this title, the victim or victim’s representative has the rights provided under § 3–123 of this article.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 5 - Postsentencing Procedures › Section 11-507 - Notification of Probation Violation

The Department or the Department of Juvenile Services shall notify the victim or victim’s representative of an alleged violation of a condition of probation whenever:
(1)    a warrant, subpoena, or writ of attachment is issued for the alleged violation for a person who was convicted of a violent crime or who was adjudged to have committed a delinquent act that would be a violent crime if committed by an adult; and
(2)    a victim of the crime or delinquent act or a victim’s representative has submitted a written request to the Department for notification or has submitted a notification request form under § 11-104 of this title.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 5 - Postsentencing Procedures › Section 11-508 - Notification of Release From Confinement

(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
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)    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)    an escape;
(2)    a recapture;
(3)    a transfer to another commitment unit;
(4)    a release from confinement and any conditions attached to the release; and
(5)    the death of the defendant or child respondent.
(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.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 6 - Restitution and Other Payments › Part I - Restitution › Section 11-601 - Defined Terms

(a)    In Part I of this subtitle the following words have the meanings indicated.
(b)    “Central Collection Unit” means the Central Collection Unit in the Department of Budget and Management.
(c)    “Child” means a person under the age of 18 years.
(d)    (1)    “Crime” means an act committed by a person in the State that is a crime under:
(i)    common law;
(ii)    § 109 of the Code of Public Local Laws of Caroline County;
(iii)    § 8A–1 of the Code of Public Local Laws of Talbot County; or
(iv)    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.
(e)    “Defendant” means a person:
(1)    who has received probation before judgment;
(2)    who has been found guilty of a crime, even if the defendant has been found not criminally responsible; or
(3)    whose plea of nolo contendere to a crime has been accepted by the court.
(f)    “Division” means the Division of Parole and Probation.
(g)    “Judgment of restitution” means a direct order for payment of restitution or an order for payment of restitution that is a condition of probation in an order of probation.
(h)    “Liable parent” means a parent:
(1)    whose child has committed a crime or delinquent act; and
(2)    who has been ordered to pay restitution under § 11-604 of this subtitle.
(i)    “Restitution obligor” means a defendant, child respondent, or liable parent against whom a judgment of restitution has been entered.
(j)    “Victim” means:
(1)    a person who suffers death, personal injury, or property damage or loss as a direct result of a crime or delinquent act; or
(2)    if the person is deceased, the personal representative of the estate of the person.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 6 - Restitution and Other Payments › Part I - Restitution › Section 11-602 - Persons Who May Act on Behalf of Victim

On conviction, the finding of a delinquent act, acceptance of a plea of nolo contendere, or imposition of probation before judgment for a crime under § 10-404 of the Criminal Law Article, the following persons may act on behalf of a victim:
(1)    the owner of the burial site; and
(2)    a person related by blood or marriage to the person buried in the burial site.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 6 - Restitution and Other Payments › Part I - Restitution › Section 11-603 - Restitution Determination

(a)    A court may enter a judgment of restitution that orders a defendant or child respondent to make restitution in addition to any other penalty for the commission of a crime or delinquent act, if:
(1)    as a direct result of the crime or delinquent act, property of the victim was stolen, damaged, destroyed, converted, or unlawfully obtained, or its value substantially decreased;
(2)    as a direct result of the crime or delinquent act, the victim suffered:
(i)    actual medical, dental, hospital, counseling, funeral, or burial expenses or losses;
(ii)    direct out–of–pocket loss;
(iii)    loss of earnings; or
(iv)    expenses incurred with rehabilitation;
(3)    the victim incurred medical expenses that were paid by the Maryland Department of Health or any other governmental unit;
(4)    a governmental unit incurred expenses in removing, towing, transporting, preserving, storing, selling, or destroying an abandoned vehicle as defined in § 25–201 of the Transportation Article;
(5)    the Criminal Injuries Compensation Board paid benefits to a victim; or
(6)    the Maryland Department of Health or other governmental unit paid expenses incurred under Subtitle 1, Part II of this title.
(b)    A victim is presumed to have a right to restitution under subsection (a) of this section if:
(1)    the victim or the State requests restitution; and
(2)    the court is presented with competent evidence of any item listed in subsection (a) of this section.
(c)    (1)    A judgment of restitution does not preclude the property owner or the victim who suffered personal physical or mental injury, out–of–pocket loss of earnings, or support from bringing a civil action to recover damages from the restitution obligor.
(2)    A civil verdict shall be reduced by the amount paid under the criminal judgment of restitution.
(d)    In making a disposition on a finding that a child at least 13 years old has committed an act of graffiti under § 6–301(d) of the Criminal Law Article, the court shall order the child to perform community service or pay restitution or both.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 6 - Restitution and Other Payments › Part I - Restitution › Section 11-604 - Payers of Restitution

(a)    Subject to subsection (b) of this section and notwithstanding any other law, if a child is the defendant or child respondent, the court may order the child, the child’s parent, or both to pay restitution.
(b)    A judgment of restitution for $10,000 issued under Part I of this subtitle is the absolute limit for each child’s acts arising out of a single incident.
(c)    (1)    A court may not enter a judgment of restitution against a parent under Part I of this subtitle unless the parent has been afforded a reasonable opportunity to be heard and to present evidence.
(2)    A hearing under this subsection may be held as part of the sentencing or disposition hearing.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 6 - Restitution and Other Payments › Part I - Restitution › Section 11-605 - When Restitution Need Not Be Ordered

(a)    A court need not issue a judgment of restitution under Part I of this subtitle if the court finds:
(1)    that the restitution obligor does not have the ability to pay the judgment of restitution; or
(2)    that there are extenuating circumstances that make a judgment of restitution inappropriate.
(b)    A court that refuses to order restitution that is requested under Part I of this subtitle shall state on the record the reasons.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 6 - Restitution and Other Payments › Part I - Restitution › Section 11-606 - Payment of Restitution

(a)    The court may order that restitution be paid to:
(1)    the victim;
(2)    the Maryland Department of Health, the Criminal Injuries Compensation Board, or any other governmental unit;
(3)    a third–party payor, including:
(i)    an insurer; or
(ii)    any other person that has, under Part I of this subtitle:
1.    compensated the victim for a property or pecuniary loss; or
2.    paid an expense on behalf of a victim;
(4)    any person for whom restitution is authorized by law; or
(5)    a person who has provided to or for a victim goods, property, or services for which restitution is authorized under § 11–603 of this subtitle.
(b)    (1)    Subject to paragraph (2) of this subsection and § 11–617(b) of this subtitle, payment of restitution to the victim has priority over any payments to any other person or governmental unit.
(2)    If the victim has been fully compensated for the victim’s loss by a third–party payor, the court may issue a judgment of restitution that directs the restitution obligor to pay restitution to the third–party payor.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 6 - Restitution and Other Payments › Part I - Restitution › Section 11-607 - Compliance With Restitution Judgment

(a)    (1)    When a judgment of restitution has been entered under § 11–603 of this subtitle, compliance with the judgment of restitution:
(i)    may be a requirement in the judgment of conviction or disposition in a juvenile delinquency proceeding;
(ii)    if work release is ordered or allowed, shall be a condition of work release; and
(iii)    if probation is ordered, shall be a condition of probation:
1.    in addition to a sentence or disposition; or
2.    instead of a sentence if the probation is ordered before judgment under § 6–220 of this article.
(2)    Subject to federal law, the Department or the Department of Juvenile Services shall obtain the Social Security number of the restitution obligor to facilitate the collection of restitution.
(b)    (1)    The restitution obligor shall make restitution to the Department or the Department of Juvenile Services under the terms and conditions of the judgment of restitution.
(2)    The Department or the Department of Juvenile Services:
(i)    shall keep records of payments or return of property in satisfaction of the judgment of restitution;
(ii)    shall forward property or payments in accordance with the judgment of restitution and Part I of this subtitle to the person or governmental unit specified in the judgment of restitution; and
(iii)    may require the restitution obligor to pay additional fees not exceeding 2% of the amount of the judgment of restitution to pay for the administrative costs of collecting payments or property.
(c)    (1)    Whenever an obligor’s restitution payment, as ordered by the court or established by the Department, is overdue, the Department or the Department of Juvenile Services shall:
(i)    notify the court; and
(ii)    if an earnings withholding order is not in effect and the restitution obligor is employed, request an earnings withholding order.
(2)    The court may hold a hearing to determine whether the restitution obligor is in contempt of court or has violated the terms of the probation.
(3)    If the court finds that the restitution obligor intentionally became impoverished to avoid payment of the restitution, the court may find the restitution obligor in contempt of court or in violation of probation.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 6 - Restitution and Other Payments › Part I - Restitution › Section 11-608 - Recording and Indexing of Judgment

(a)    A judgment of restitution is a money judgment in favor of the person, governmental unit, or third-party payor to whom the restitution obligor has been ordered to pay restitution.
(b)    The judgment of restitution may be enforced by the person, governmental unit, or third-party payor to whom the restitution obligor has been ordered to pay restitution in the same manner as a money judgment in a civil action.
(c)    Except as otherwise expressly provided under Part I of this subtitle, a person, governmental unit, or third-party payor to whom a restitution obligor has been ordered to pay restitution has all the rights and obligations of a money judgment creditor under the Maryland Rules, including the obligation under Maryland Rule 2-626 or 3-626 on receiving all amounts due under the judgment to file a statement that the judgment has been satisfied.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 6 - Restitution and Other Payments › Part I - Restitution › Section 11-609 - Judgment of Circuit Court

(a)    A judgment of restitution that a circuit court orders under Part I of this subtitle shall be recorded and indexed in the civil judgment index by the clerk of the circuit court as a money judgment as the Maryland Rules provide.
(b)    A judgment of restitution that is recorded and indexed in the civil judgment index as a money judgment under subsection (a) of this section:
(1)    in the county of entry of the judgment, is a lien from the date of entry in the amount of the judgment on the restitution obligor’s interest in land located in the county of the entry of the judgment; but
(2)    in a county other than the county of entry of the judgment, is a lien from the date of recording in the amount of the judgment on the restitution obligor’s interest in land located in that county.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 6 - Restitution and Other Payments › Part I - Restitution › Section 11-610 - Judgment of District Court

(a)    (1)    Except as provided in paragraph (2) of this subsection, the provisions of this section do not apply in Baltimore City.
(2)    In Baltimore City, a judgment of restitution shall:
(i)    be entered, indexed, and recorded under Maryland Rule 3-601; and
(ii)    constitute a lien as provided under Maryland Rule 3-621(b).
(3)    A judgment of restitution that the District Court orders under Part I of this subtitle may not be recorded and indexed by the Clerk of the District Court as a money judgment in the District Court until the person or governmental unit to whom the restitution obligor has been ordered to pay restitution files with the Clerk of the District Court a written request for the recording and indexing.
(b)    Once a judgment of restitution is recorded and indexed as a money judgment under subsection (a) of this section:
(1)    the Clerk of the District Court shall immediately forward a notice of lien of judgment to the circuit court for the county of entry of judgment; and
(2)    on the receipt of the written statement from the person or governmental unit to whom a restitution obligor has been ordered to pay restitution, the Clerk of the District Court shall forward a notice of lien of judgment to the circuit court of any other county as the Maryland Rules provide.
(c)    Whenever the Clerk of the District Court forwards a notice of lien under subsection (b) of this section to a circuit court, the clerk of the circuit court shall record and index the notice of lien as the Maryland Rules provide.
(d)    (1)    A judgment of restitution that is issued by the District Court and is recorded and indexed as a money judgment under subsection (a) of this section is a lien in the amount of the judgment on the restitution obligor’s interest in land in a county.
(2)    The lien is in effect from the date that a notice of lien is recorded and indexed in the circuit court of the county.
(e)    (1)    If the District Court enters a judgment of restitution under Part I of this subtitle, the Clerk of the District Court shall send a written notice to the person or governmental unit in whose favor the judgment of restitution is entered.
(2)    The notice shall say in substance:
“The District Court has awarded you a judgment of restitution.
“The judgment of restitution is not a money judgment until it is recorded and indexed in the civil judgment records of the District Court.
“On your written request and without charge, the Clerk of the District Court will record and index the judgment of restitution as a money judgment. Then, without charge, the Clerk of the District Court will also send a notice of lien to the circuit court for the county, and, without charge, the notice of lien will be recorded and indexed in the circuit court for the county.
“On your further written request, the Clerk of the District Court will send a notice of lien to the circuit court for any other county that you specify.”
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 6 - Restitution and Other Payments › Part I - Restitution › Section 11-611 - No Costs for Recording or Indexing

A court may not assess costs on a person or governmental unit to whom a restitution obligor has been ordered to pay restitution:
(1)    for recording and indexing an order of restitution as a money judgment in the court in which the judgment of restitution was issued;
(2)    for recording and indexing a notice of lien that the District Court forwards to a circuit court; or
(3)    for filing a notice of satisfaction.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 6 - Restitution and Other Payments › Part I - Restitution › Section 11-612 - Termination of Judgment or Probation

(a)    (1)    If a District Court decides to terminate a probation before a judgment of restitution has been recorded and indexed as a money judgment, the court shall direct the Clerk of the Court:
(i)    to record and index the judgment of restitution as a money judgment and forward a notice of lien to the circuit court of the county of entry of judgment before terminating the probation; and
(ii)    to forward a written notice to the person or governmental unit to whom the restitution obligor was ordered to pay restitution.
(2)    The written notice shall state that:
(i)    the judgment of restitution has been recorded and indexed as a money judgment in the District Court; and
(ii)    a notice of lien has been forwarded to the circuit court of the county of entry of judgment.
(b)    Subject to the Maryland Rules, unless a restitution obligor pays complete restitution, termination of probation by a court does not affect a money judgment that has been recorded and indexed under Part I of this subtitle.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 6 - Restitution and Other Payments › Part I - Restitution › Section 11-613 - Stay of Execution of Sentence

(a)    Notwithstanding any other provision of Part I of this subtitle and except as provided in subsection (b) of this section, a victim or other person or governmental unit may not execute on a judgment recorded and indexed under Part I of this subtitle if the restitution obligor:
(1)    files a motion under the Maryland Rules to stay execution of the judgment of restitution and the motion has not been decided by the court; and
(2)    challenges the conviction, sentence, or judgment of restitution by:
(i)    filing an appeal in a State court or in federal court;
(ii)    applying for leave to appeal following a plea of guilty in a circuit court;
(iii)    filing a motion for exercise of revisory power by the sentencing court under the Maryland Rules;
(iv)    filing an application for review of criminal sentence under Title 8 of this article; or
(v)    filing a notice for in banc review under the Maryland Rules.
(b)    If a restitution obligor has complied with the requirements of subsection (a) of this section and the court has not yet ruled on the request for a stay, a person or governmental unit may not execute on a judgment recorded and indexed under Part I of this subtitle until a court issues a final judgment that upholds the conviction, sentence, or judgment of restitution.
(c)    A person or governmental unit may not execute on a judgment recorded and indexed under Part I of this subtitle until the time has expired in which a restitution obligor may file any of the actions listed under subsection (a)(2)(i) through (v) of this section.
(d)    The judgment of restitution may be enforced in the same way that a monetary judgment is enforced.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 6 - Restitution and Other Payments › Part I - Restitution › Section 11-614 - Notification of Victims of Right to Restitution

(a)    If practicable, the State’s Attorney should:
(1)    notify an eligible victim of the victim’s right to request restitution; and
(2)    help the victim to prepare the request and advise the victim as to the steps for collecting restitution that is awarded.
(b)    If a victim cannot be located, all money collected from a judgment of restitution shall be treated as abandoned property under Title 17 of the Commercial Law Article.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 6 - Restitution and Other Payments › Part I - Restitution › Section 11-615 - Legally Sufficient Evidence at Restitution Hearing

(a)    In a restitution hearing held under § 11-603 of this subtitle, a written statement or bill for medical, dental, hospital, counseling, funeral, or burial expenses is legally sufficient evidence of the amount, fairness, and reasonableness of the charges and the necessity of the services or materials provided.
(b)    A person who challenges the fairness and reasonableness or the necessity of the amount on the statement or bill has the burden of proving that the amount is not fair and reasonable.
2023 Maryland Statutes › Criminal Procedure › Title 11 - Victims and Witnesses › Subtitle 6 - Restitution and Other Payments › Part I - Restitution › Section 11-616 - Overdue Restitution

(a)    The Division or the Department of Juvenile Services:
(1)    in addition to other actions authorized under Part I of this subtitle, may refer an overdue restitution account for collection to the Central Collection Unit; and
(2)    if probation or other supervision is terminated and restitution is still owed, shall refer the overdue restitution account for collection to the Central Collection Unit.
(b)    Subject to subsection (c) of this section, the Central Collection Unit may:
(1)    collect overdue restitution in accordance with Title 3, Subtitle 3 of the State Finance and Procurement Article; and
(2)    certify a restitution obligor who is in arrears on restitution payments exceeding $30 under the judgment of restitution to:
(i)    the Comptroller for income tax refund interception in accordance with Title 13, Subtitle 9, Part III of the Tax – General Article; and
(ii)    the State Lottery and Gaming Control Agency for State lottery prize and video lottery facility prize payout interception in accordance with § 11–618 of this subtitle.
(c)    (1)    The Central Collection Unit may not compromise and settle a judgment of restitution unless:
(i)    the Division or the Department of Juvenile Services obtains the consent of the victim; or
(ii)    the court orders otherwise because a victim cannot be located.
(2)    The Division or the Department of Juvenile Services shall contact the victim to determine whether the victim consents to compromise and settle a judgment of restitution.
(d)    If complete restitution and interest have been paid or a judgment of restitution has been compromised and settled as provided in subsection (c) of this section, the Division, the Department of Juvenile Services, or the Central Collection Unit immediately shall notify:
(1)    the court that issued the judgment by filing the statement as provided under § 11–608(c) of this subtitle that the judgment has been satisfied; and
(2)    the last known employer of a restitution obligor to terminate an earnings withholding order issued under § 11–617 of this subtitle.
(e)    (1)    Restitution is overdue if the restitution or a restitution payment is not paid:
(i)    by the date that the court orders; or
(ii)    if no date is ordered, by the later of:
1.    the date the Division or the Department of Juvenile Services directs the restitution obligor to pay restitution or make a restitution payment; or
2.    30 days after the court enters a judgment of restitution.
(2)    If restitution is overdue, the amount of the arrearage is the amount of restitution ordered and any interest allowed by law, minus any amount previously paid or received under the judgment of restitution.