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Statutes Text

Article - Criminal Procedure




§11–805.    IN EFFECT

    (a)    Subject to the authority of the Executive Director, the Board has the following powers and duties:

        (1)    to establish and maintain an office and to appoint and prescribe the duties of a claims examiner, a secretary, clerks, and any other employees and agents as may be necessary;

        (2)    to adopt regulations to carry out the provisions and purposes of this subtitle, including procedures for the review and evaluation of claims and regulations for the approval of attorneys’ fees for representation before the Board or before the court on judicial review;

        (3)    to request from the State’s Attorney, the Department of State Police, or county or municipal police departments any investigation and information that will help the Board to determine:

            (i)    whether a crime or a delinquent act was committed or attempted; and

            (ii)    whether and to what extent the victim or claimant was responsible for the victim’s or claimant’s own injury;

        (4)    to hear and determine each claim for an award filed with the Board under this subtitle and to reinvestigate or reopen a case as the Board determines to be necessary;

        (5)    to direct medical examination of victims;

        (6)    to hold hearings, administer oaths, examine any person under oath, and issue subpoenas requiring the attendance and testimony of witnesses or requiring the production of documents or other evidence;

        (7)    to take or cause to be taken affidavits or depositions within or outside the State; and

        (8)    to submit each year to the Governor, to the Executive Director, and, subject to § 2–1257 of the State Government Article, to the General Assembly a written report of the activities of the Board.

    (b)    Except as otherwise provided by law, an employee of the Board is subject to the State Personnel and Pensions Article.

    (c)    (1)    The Board may delegate to a member or employee of the Board its powers under this section to hold hearings, administer oaths, examine a person under oath, and issue subpoenas.

        (2)    A subpoena issued under this section is subject to the Maryland Rules.

§11–805.    ** TAKES EFFECT JULY 1, 2025 PER CHAPTER 705 OF 2024 **

    (a)    Subject to the authority of the Executive Director, the Board has the following powers and duties:

        (1)    to establish and maintain an office and to appoint and prescribe the duties of a claims examiner, a secretary, clerks, and any other employees and agents as may be necessary;

        (2)    to adopt regulations to carry out the provisions and purposes of this subtitle, including procedures for the review and evaluation of claims and regulations for the approval of attorneys’ fees for representation before the Board or before the court on judicial review;

        (3)    to request from the State’s Attorney, the Department of State Police, county or municipal police departments, or a qualified third party any investigation and information that will help the Board to determine whether a crime or a delinquent act was committed or attempted;

        (4)    to hear and determine each claim for an award filed with the Board under this subtitle and to reinvestigate or reopen a case as the Board determines to be necessary;

        (5)    to direct medical examination of victims;

        (6)    to hold hearings, administer oaths, examine any person under oath, and issue subpoenas requiring the attendance and testimony of witnesses or requiring the production of documents or other evidence; and

        (7)    to take or cause to be taken affidavits or depositions within or outside the State.

    (b)    Except as otherwise provided by law, an employee of the Board is subject to the State Personnel and Pensions Article.

    (c)    The Board:

        (1)    may delegate to employees of the Board authority to hear claims and make initial determinations regarding each claim for an award filed with the Board under this subtitle, and any other powers necessary for the office within the Board to make initial determinations; and

        (2)    shall submit each year to the Governor, to the Executive Director, and, subject to § 2–1257 of the State Government Article, to the General Assembly a written report of the activities of the Board, including:

            (i)    the number of applications filed with the Board;

            (ii)    the number of applications approved;

            (iii)    the number of applications denied;

            (iv)    aggregated data regarding the basis for each denial;

            (v)    anonymized data indicating the race, gender, age, and county of residence of victims;

            (vi)    anonymized data indicating the crime involved in each application; and

            (vii)    the average time in between the Board receiving an application, the determination of eligibility, and the first disbursement to the victim.

    (d)    (1)    A claim by a person other than the victim may not include narrative describing the victim or a photograph of the victim.

        (2)    The Board may not disclose the identity of or information that clearly identifies a victim of sexual assault, child abuse, stalking, or elder abuse.

        (3)    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.



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