(a) In this subtitle the following words have the meanings indicated. (b) “Board” means the Criminal Injuries Compensation Board. (c) “Claimant” means the person filing a claim under this subtitle. (d) (1) “Crime” means: (i) except as provided in paragraph (2) of this subsection, a criminal offense under state, federal, or common law that is committed in: 1. this State; or 2. another […]
(a) The General Assembly finds: (1) that many innocent persons suffer personal physical or psychological injury or die because of crimes or delinquent acts or in their efforts to prevent them or apprehend persons committing or attempting to commit them; (2) that these persons or their dependents may as a result suffer disability, incur financial hardships, or become […]
The Executive Director may designate a person to carry out the duties of the Executive Director.
(a) There is a Criminal Injuries Compensation Board in the Governor’s Office of Crime Prevention, Youth, and Victim Services. (b) (1) The Board consists of five members. (2) Of the five members of the Board: (i) one shall be a family member of a homicide victim; (ii) no more than four may belong to the same political party; and (iii) one shall […]
(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 […]
(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 […]
(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 […]
(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 […]
(a) (1) Except as provided in paragraphs (2) and (3) of this subsection, a claimant shall file a claim within 3 years after the later of: (i) the discovery of the occurrence of the crime or delinquent act or the death of the victim; or (ii) the earlier of: 1. the date the claimant discovered an attempt to obtain a […]
(a) (1) The Board may make an award only if the Board finds that: (i) a crime or delinquent act was committed; (ii) the crime or delinquent act directly resulted in: 1. physical injury to or death of the victim; or 2. psychological injury to the victim that necessitated mental health counseling; (iii) police, other law enforcement, or judicial records show that […]
(a) (1) (i) Except as otherwise provided in this subsection, an award under this subtitle shall be made in accordance with the schedule of benefits, as it existed on January 1, 2001, and degree of disability as specified in Title 9, Subtitle 6 of the Labor and Employment Article and any other applicable provisions of the Labor and […]
(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 […]
(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 […]
(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 […]
(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 […]
(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 […]
(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 […]
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 […]
(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 […]
(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 […]
