Criminal Procedure (GCP) — Title 11. Victims and Witnesses

in a petition filed in juvenile court, is alleged to have committed a delinquent act; or

has committed a delinquent act.

the State’s Attorney;

the State’s Attorney’s designee;

when performing a prosecutorial function at the trial level, the Attorney General or the Attorney General’s designee; or

the State Prosecutor or the State Prosecutor’s designee.

In this section, “crime” means:

“Crime” does not include an offense under the Maryland Vehicle Law or under Title 8, Subtitle 7 of the Natural Resources Article unless the offense is punishable by imprisonment.

For purposes of this section, a victim’s representative, including the victim’s spouse or surviving spouse, parent or legal guardian, child, or sibling, may represent a victim of a crime who dies or is disabled.

If there is a dispute over who shall be the victim’s representative, the court shall designate the victim’s representative.

In any court proceeding involving a crime against a victim, the court shall ensure that the victim is in fact afforded the rights provided to victims by law.

If a court finds that a victim’s right was not considered or was denied, the court may grant the victim relief provided the remedy does not violate the constitutional right of a defendant or child respondent to be free from double jeopardy.

A court may not provide a remedy that modifies a sentence of incarceration of a defendant or a commitment of a child respondent unless the victim requests relief from a violation of the victim’s right within 30 days of the alleged violation.

In this section the following words have the meanings indicated.

“DNA” has the meaning stated in § 2–501 of the Public Safety Article.

“Statewide DNA database system” has the meaning stated in § 2–501 of the Public Safety Article.

“Victim” means a person who suffers actual or threatened physical, emotional, or financial harm as a direct result of a crime or delinquent act.

“Victim’s representative” includes a family member or guardian of a victim who is:

whether an evidentiary DNA profile was obtained from evidence in the case;

when any evidentiary DNA profile developed in the case was entered into the DNA database system; and

when any confirmed match of the DNA profile, official DNA case report, or DNA hit report is received.

Within 10 days after the filing or the unsealing of an indictment or information in circuit court, whichever is later, the prosecuting attorney shall:

If the prosecuting attorney files a petition alleging that a child is delinquent for committing an act that could only be tried in the circuit court if committed by an adult, the prosecuting attorney shall:

For cases described under this subsection, the prosecuting attorney may provide a State’s witness in the case with the guidelines for victims, victims’ representatives, and witnesses available under §§ 11–1001 through 11–1004 of this title.

A victim or victim’s representative may:

By filing a completed notification request form or completing the MDEC system protocol, a victim or victim’s representative complies with Article 47 of the Maryland Declaration of Rights and each provision of the Code that requires a victim or victim’s representative to request notice.

To keep the address and electronic mail address of a victim or victim’s representative confidential, the victim or victim’s representative shall:

Unless provided by the MDEC system, the prosecuting attorney shall send a victim or victim’s representative prior notice of each court proceeding in the case, of the terms of any plea agreement, and of the right of the victim or victim’s representative to submit a victim impact statement to the court under § 11–402 of this title if:

As soon after a proceeding as practicable, the prosecuting attorney shall tell the victim or victim’s representative of the terms of any plea agreement, judicial action, and proceeding that affects the interests of the victim or victim’s representative, including a bail hearing, change in the defendant’s pretrial release order, dismissal, nolle prosequi, stetting of charges, trial, disposition, and postsentencing court proceeding if:

Whether or not the victim or victim’s representative has filed a notification request form or followed the MDEC system protocol under subsection (e) of this section, the prosecuting attorney may give the victim or victim’s representative information about the status of the case if the victim or victim’s representative asks for the information.

shall include a copy of the form with any commitment order or probation order that is passed or electronically transmit the form or the registration information for the victim or the victim’s representative through the MDEC system; and

if an appeal is filed, shall send a copy of the form or electronically transmit the form or the registration information for the victim or the victim’s representative through the MDEC system to the Attorney General and the court to which the case has been appealed.

After filing a notification request form under subsection (e) of this section, a victim or victim’s representative may discontinue further notices by filing a written request with:

After following the MDEC system protocol for electronic notices, a victim or victim’s representative may discontinue further notices by following the MDEC system protocol to terminate notice.

“Prohibited exposure” means a crime or delinquent act that may have caused or resulted in exposure to HIV or hepatitis C.

“Prohibited exposure” includes:

“Victim” means the victim of a prohibited exposure.

“Victim” includes:

the parent of a victim who is a minor;

the legal guardian of a victim; or

the person authorized to give consent for the victim under § 5–605 of the Health – General Article.

by percutaneous or mucocutaneous contact with blood or body fluids;

by contact for a prolonged period with blood or body fluids of an open wound, including dermatitis, exudative lesions, and chapped skin;

by intact skin contact for a prolonged period with large amounts of blood or body fluids; or

under any other condition or circumstance under which a person may be exposed to HIV or hepatitis C.

A circuit court judge or a District Court judge may issue an emergency order to obtain an oral swab from a person to be tested for the presence of HIV whenever it is made to appear to a judge, by application as described in paragraph (2) of this subsection, that there is probable cause to believe that the person has caused prohibited exposure to a victim.

An application for an emergency order shall be:

An emergency order issued under this subsection shall meet the requirements under § 1–203 of this article.

The Supreme Court of Maryland may adopt rules to carry out the requirements of this subsection.

A law enforcement officer who has obtained an oral swab from a person pursuant to an emergency order issued in accordance with this section shall deliver the oral swab to a local health official or health care provider to be tested for the presence of HIV.

A test for the presence of HIV shall be immediately performed on the sample.

the victim or victim’s representative; and

the person from whom the oral swab was taken.

subject to the disclosure restriction in § 11–114 of this subtitle; and

not admissible as evidence of guilt or innocence in a criminal proceeding arising out of the alleged prohibited exposure.

Before ordering a test under § 11-110 of this subtitle and subject to the provisions of subsection (d) of this section, the court shall hold a hearing at which both the victim or victim’s representative and the person charged with a prohibited exposure have the right to be present.

The victim or victim’s representative and the person charged with a prohibited exposure shall be notified of:

relate to the material facts of the case; and

support or rebut a finding of probable cause to issue a court order.

hold the hearing within 30 days of the State’s Attorney’s presentment of the victim’s written request to the court; and

issue an order granting or denying the request within 3 days of the conclusion of the hearing.

a person who has been convicted of a crime that includes a prohibited exposure;

a person who has been granted probation before judgment under § 6-220 of this article in a case involving a prohibited exposure; or

a child respondent who has been found to have committed a delinquent act that includes a prohibited exposure.

After conviction or a finding of a prohibited exposure, a finding of probable cause under § 11–110(3) of this subtitle, or a granting of probation before judgment under § 11–112 of this subtitle, the State’s Attorney shall within 3 days notify the local health officer of the written request by the victim or victim’s representative for testing.

On receipt of a court order for testing issued under § 11–110(3) or § 11–112 of this subtitle, the local health officer or the local health officer’s designee from any other governmental unit shall:

After receiving the results of a test conducted under subsection (a) of this section, the local health officer shall promptly send notice of the test results to:

The local health officer may not disclose positive test results to a victim or victim’s representative or a person charged with, convicted of, or found to have committed a prohibited exposure without also giving, offering, or arranging for appropriate counseling to:

a sexual assault crisis program established under § 11–923 of this title when a victim or victim’s representative contacts the program;

an intake officer who receives a complaint for the alleged prohibited exposure under § 3–8A–10 of the Courts Article; or

on the filing of a charging document or delinquency petition for the alleged prohibited exposure:

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.

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.

the pretrial release of a defendant; or

the prehearing release of a child respondent who is alleged to have committed a delinquent act; and

In this section the following words have the meanings indicated.

“Identifying information” means the name of, and any other information that could reasonably be expected to identify, a minor victim, a victim of sexual assault, or a victim of stalking.

“Minor victim” means an alleged victim of a crime or delinquent act who was a minor at the time that the crime or delinquent act occurred.

“Victim of sexual assault” means an alleged victim of sexually assaultive behavior as defined in § 10–923 of the Courts Article or a crime under Title 3, Subtitle 11 of the Criminal Law Article.

“Victim of stalking” means an alleged victim of stalking as defined in § 3–802 of the Criminal Law Article.

Notwithstanding any other law, on notice that a case filing or record includes identifying information of a victim of sexual assault or a victim of stalking, unless the court finds clear and convincing evidence that there is good cause to order otherwise, the court or a party in a criminal or juvenile delinquency case may not disclose or allow inspection of an electronic or paper court filing or record, including a charging document, to a nonparty to the criminal or juvenile delinquency case, except to the victim or the victim’s representative, unless the court or the party disclosing or allowing inspection of the filing or record redacts all identifying information that appears in the filing or record.

On written request of a victim of sexual assault or a victim of stalking, the court shall redact identifying information relating to the victim from an existing filing or record.

In this section the following words have the meanings indicated.

“Representative” means a person who is designated by:

“Victim” means a person who is the victim of a crime or delinquent act.

a criminal trial; and

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.

a representative has the right to be present at the trial of the defendant or juvenile delinquency adjudicatory hearing of the child respondent; and

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.

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

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.

This section applies to a case of abuse of a child under Title 5, Subtitle 7 of the Family Law Article or § 3–601 or § 3–602 of the Criminal Law Article.

This section does not apply if a defendant or child respondent is without counsel.

the court determines that testimony by the child victim in the presence of a defendant or a child respondent will result in the child victim suffering serious emotional distress; and

the testimony is taken during the proceeding.

In determining whether testimony by the child victim in the presence of the defendant or child respondent will result in the child victim suffering serious emotional distress, the court may:

If the child victim testifies by closed circuit television, the testimony shall be given within the courthouse in a setting that the court finds will reasonably mitigate the likelihood that the child victim will suffer emotional distress.

Only the following persons may be in the room with the child victim when the child victim testifies by closed circuit television:

During the child victim’s testimony by closed circuit television, the court and the defendant or child respondent shall be in the courtroom.

In this section the following words have the meanings indicated.

“Forensic interviewer” means a professional who:

“Statement” means:

a physician;

a psychologist;

a nurse;

a social worker;

a principal, vice principal, teacher, or school counselor at a public or private preschool, elementary school, or secondary school;

a counselor licensed or certified in accordance with Title 17 of the Health Occupations Article;

a therapist licensed or certified in accordance with Title 17 of the Health Occupations Article; or

a forensic interviewer.

Under this section, an out of court statement by a child victim or witness may come into evidence in a criminal proceeding or in a juvenile court proceeding other than a child in need of assistance proceeding under Title 3, Subtitle 8 of the Courts Article to prove the truth of the matter asserted in the statement:

To provide the defendant, child respondent, or alleged offender with an opportunity to prepare a response to the statement, the prosecuting attorney shall serve on the defendant, child respondent, or alleged offender and the attorney for the defendant, child respondent, or alleged offender within a reasonable time before the juvenile court proceeding and at least 20 days before the criminal proceeding in which the statement is to be offered into evidence, notice of:

A child victim’s or witness’s out of court statement is admissible under this section only if the statement has particularized guarantees of trustworthiness.

To determine whether the statement has particularized guarantees of trustworthiness under this section, the court shall consider, but is not limited to, the following factors:

make a finding on the record as to the specific guarantees of trustworthiness that are in the statement; and

determine the admissibility of the statement.

In making a determination under subsection (f) of this section, the court shall examine the child victim or witness in a proceeding in the judge’s chambers, the courtroom, or another suitable location that the public may not attend unless:

Except as provided in paragraph (3) of this subsection, any defendant or child respondent, attorney for a defendant or child respondent, and the prosecuting attorney may be present when the court hears testimony on whether to admit into evidence the out of court statement of a child victim or witness under this section.

When the court examines the child victim or witness as paragraph (1) of this subsection requires:

This section does not limit the admissibility of a statement under any other applicable hearsay exception or rule of evidence.

This section does not prohibit the court in a juvenile court proceeding from hearing testimony in the judge’s chambers.

deceased;

under a mental, physical, or legal disability; or

otherwise unable to provide the required information.

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

the defendant caused serious physical injury or death to the victim in committing a misdemeanor.

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.

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.

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.

identify the victim;

itemize any economic loss suffered by the victim;

identify any physical injury suffered by the victim and describe the seriousness and any permanent effects of the injury;

describe any change in the victim’s personal welfare or familial relationships;

identify any request for psychological services initiated by the victim or the victim’s family;

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

contain any other information related to the impact on the victim or the victim’s family that the court requires.

at the request of the prosecuting attorney;

at the request of the victim or the victim’s representative; or

if the victim has filed a notification request form under § 11–104 of this title.

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.

The cross–examination is limited to the factual statements made to the court.

A victim or the victim’s representative has the right not to address the court at the sentencing or disposition hearing.

A person may not attempt to coerce a victim or the victim’s representative to address the court at the sentencing or disposition hearing.

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:

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.

a family member of a victim who is a minor, an incompetent, or a victim of homicide; or

a guardian of a minor or an incompetent.

a sentence review under § 8–102 of this article;

a hearing on a request to have a sentence modified or vacated under the Maryland Rules;

in a juvenile delinquency proceeding, a review of a commitment order or other disposition under the Maryland Rules;

an appeal to the Appellate Court of Maryland;

an appeal to the Supreme Court of Maryland;

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

any other postsentencing court proceeding.

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

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.

The State’s Attorney’s office shall:

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:

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.

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.

has made a written request to the Department for notification under § 7–801(b)(1)(ii) of the Correctional Services Article; or

has filed a notification request form under § 11–104 of this title.

If a parole release hearing is scheduled for an incarcerated individual 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.

At a parole release hearing, a victim or victim’s representative has the rights provided under § 7–304 of the Correctional Services Article.

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.

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.

the Department shall notify the victim or victim’s representative as provided under § 7–805(a) and (e) of the Correctional Services Article; and

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.

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.

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.

In this section the following words have the meanings indicated.

“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.

“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.

“Witness” means a person who:

receipt of the notification request form;

the date when the defendant or child respondent was placed in the custody of the commitment unit;

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

how to elect not to receive future notices.

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:

When a sentenced defendant or child respondent is being released from confinement, the commitment unit shall include in the notification required under paragraph (1) of this subsection the telephone number of the Maryland Crime Victims Resource Center.

“Crime” means an act committed by a person in the State that is a crime under:

“Crime” does not include a violation of the Transportation Article that is not punishable by a term of confinement.

who has received probation before judgment;

who has been found guilty of a crime, even if the defendant has been found not criminally responsible; or

whose plea of nolo contendere to a crime has been accepted by the court.

whose child has committed a crime or delinquent act; and

who has been ordered to pay restitution under § 11-604 of this subtitle.

a person who suffers death, personal injury, or property damage or loss as a direct result of a crime or delinquent act; or

if the person is deceased, the personal representative of the estate of the person.

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;

as a direct result of the crime or delinquent act, the victim suffered:

the victim incurred medical expenses that were paid by the Maryland Department of Health or any other governmental unit;

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;

the Criminal Injuries Compensation Board paid benefits to a victim; or

the Maryland Department of Health or other governmental unit paid expenses incurred under Subtitle 1, Part II of this title.

the victim or the State requests restitution; and

the court is presented with competent evidence of any item listed in subsection (a) of this section.

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.

A civil verdict shall be reduced by the amount paid under the criminal judgment of restitution.

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.

A hearing under this subsection may be held as part of the sentencing or disposition hearing.

that the restitution obligor does not have the ability to pay the judgment of restitution; or

that there are extenuating circumstances that make a judgment of restitution inappropriate.

the victim;

the Maryland Department of Health, the Criminal Injuries Compensation Board, or any other governmental unit;

a third–party payor, including:

any person for whom restitution is authorized by law; or

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.

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.

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.

When a judgment of restitution has been entered under § 11–603 of this subtitle, compliance with the judgment of restitution:

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.

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.

The Department or the Department of Juvenile Services:

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:

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.

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.

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

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.

Except as provided in paragraph (2) of this subsection, the provisions of this section do not apply in Baltimore City.

In Baltimore City, a judgment of restitution shall:

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.

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

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.

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.

The lien is in effect from the date that a notice of lien is recorded and indexed in the circuit court of the county.

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.

The notice shall say in substance:

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:

The written notice shall state that:

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

challenges the conviction, sentence, or judgment of restitution by:

notify an eligible victim of the victim’s right to request restitution; and

help the victim to prepare the request and advise the victim as to the steps for collecting restitution that is awarded.

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

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.

collect overdue restitution in accordance with Title 3, Subtitle 3 of the State Finance and Procurement Article; and

certify a restitution obligor who is in arrears on restitution payments exceeding $30 under the judgment of restitution to:

The Central Collection Unit may not compromise and settle a judgment of restitution unless:

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.

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

the last known employer of a restitution obligor to terminate an earnings withholding order issued under § 11–617 of this subtitle.

Restitution is overdue if the restitution or a restitution payment is not paid:

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.

If a court issues a judgment of restitution under § 11-603 of this subtitle, the court may enter an immediate and continuing earnings withholding order in an amount sufficient to pay the restitution.

The court may enter the order:

first, an earnings withholding order issued under § 10-128 of the Family Law Article;

second, an earnings withholding order issued under this section; and

lastly, any other lien or legal process.

This subsection applies whenever a court orders an earnings withholding order under this section.

On entry of the order, the clerk of the court immediately shall:

A restitution obligor immediately shall notify the court, the Central Collection Unit, and the Division or Department of Juvenile Services of:

An employer who is served with an earnings withholding order under this section immediately shall notify the court, the Central Collection Unit, and the Division or Department of Juvenile Services of:

Unless the information has been provided to the court, the Division, Department of Juvenile Services, or the Central Collection Unit shall notify the court of a current or subsequent home address of the restitution obligor and the employer and work address of the restitution obligor.

Except as otherwise provided in this section, an earnings withholding order issued under this section shall:

Each amount withheld in an earnings withholding order under this section is payable to the Division, Department of Juvenile Services, or Central Collection Unit.

An earnings withholding order is binding on each present and future employer of the restitution obligor who is served with the order.

Subject to paragraphs (2) and (3) of this subsection, the payment amount under an earnings withholding order under this section is 20% of the earnings of a restitution obligor less other deductions required by law to be paid out of any funds earned under a work release plan.

If the restitution obligation of the restitution obligor is overdue, the court may impose a payment exceeding the amount allowed in paragraph (1) of this subsection.

This subsection applies to a restitution obligor and the employer of a restitution obligor.

A person who violates this section is subject to a fine not exceeding $250.

A fine collected under this section shall be distributed in the same way as costs are distributed under § 7-409 of the Courts Article.

In addition to a fine imposed under this subsection, an employer is liable for damages for the failure to deduct the earnings of a restitution obligor or failure to make a timely payment as required in the earnings withholding order.

In this section the following words have the meanings indicated.

“Agency” means the State Lottery and Gaming Control Agency.

“Video lottery facility” has the meaning stated in § 9–1A–01 of the State Government Article.

“Video lottery operator” has the meaning stated in § 9–1A–01 of the State Government Article.

the full name of the restitution obligor and any other name known to be used by the restitution obligor;

the Social Security number of the restitution obligor; and

the amount of the arrearage.

the restitution obligor has won a prize to be paid by the State Lottery and Gaming Control Agency;

the State Lottery and Gaming Control Agency has received notice from the Central Collection Unit of the restitution obligor’s restitution arrearage in the amount specified;

State law requires the State Lottery and Gaming Control Agency to withhold the prize and to pay it towards the restitution obligor’s restitution arrearage;

the restitution obligor has 15 days to appeal to the Central Collection Unit if the restitution obligor disputes the existence or the amount of the arrearage; and

on interception of the prize, the State Lottery and Gaming Control Agency will transfer the prize or the part of the prize that equals the restitution arrearage to the Central Collection Unit.

the restitution obligor has won a prize to be paid by cash or check directly by the video lottery operator;

the video lottery operator has received notice from the Central Collection Unit of the restitution obligor’s restitution arrearage in the amount specified;

State law requires the video lottery operator to withhold the prize and pay it towards the restitution obligor’s restitution arrearage;

the restitution obligor may appeal to the Central Collection Unit if the restitution obligor disputes the existence or the amount of the arrearage; and

if an appeal is not filed within 15 days after the date of the notice, the video lottery operator will transfer the prize or the part of the prize that equals the restitution arrearage to the Central Collection Unit.

The Agency or the video lottery operator shall withhold all or part of the prize up to the amount of the arrearage.

The Agency and a video lottery operator shall honor interception requests in the following order:

On receipt of a notice from the Agency or a video lottery operator, a restitution obligor who disputes the existence or amount of the arrearage may appeal the transfer in accordance with Title 10, Subtitle 2 of the State Government Article.

If an appeal is not filed within 15 days after the date of the notice, the Agency or video lottery operator shall transfer the amount of the prize withheld in accordance with subsection (e)(2) of this section.

If the restitution obligor appeals the transfer, after a hearing in accordance with Title 10, Subtitle 2 of the State Government Article, the withheld prize shall be:

“Defendant” means a person charged with or convicted of a crime in the State that involves or causes personal injury, death, or property loss as a direct result of the crime.

“Defendant” includes a person found not criminally responsible for criminal conduct under § 3-109 of this article.

the reenactment of a crime in a movie, book, magazine article, tape recording, phonograph record, radio or television presentation, or live entertainment of any kind;

the expression of the defendant’s thoughts, feelings, opinions, or emotions regarding a crime involving or causing personal injury, death, or property loss as a direct result of the crime; or

the payment or exchange of money or other consideration or the proceeds or profits that directly or indirectly result from a crime, a sentence, or the notoriety of a crime or sentence.

after 30 days but before 180 days following receipt of the submission under § 11-622 of Part II of this subtitle; or

after 180 days, for cause.

For a decision under this section, there is a rebuttable presumption that the contract is a notoriety of crimes contract.

The defendant or defendant’s assignee may rebut this presumption by establishing to the satisfaction of the Attorney General that the subject matter of the contract only tangentially or incidentally relates to the crime.

shall notify the defendant or defendant’s assignee and the victim or victim’s representative of the decision under this section; and

may not disburse money collected under § 11-622 of Part II of this subtitle until 60 days after the defendant or defendant’s assignee and the victim or victim’s representative have been notified of the decision.

The decision of the Attorney General under this section is a final decision and may be appealed by a defendant or defendant’s assignee or a victim or victim’s representative only in accordance with § 11-630 of Part II of this subtitle and within 60 days after receiving notice of the decision.

If the decision is appealed, the Attorney General shall keep any money collected in escrow until the Attorney General receives a final order of the court.

Subject to the priority of claims stated in § 11-628 of Part II of this subtitle, the Attorney General shall pay to the victim or victim’s representative money from the escrow account to the extent of the money judgment or the amount of restitution if, within 5 years after the escrow account is established, the victim or victim’s representative:

Any money that then remains in the escrow account shall be paid as this section provides.

Money may not be paid under this subsection until the defendant:

At least once every 6 months for 5 years after the date the Attorney General receives money or other consideration under this subtitle, the Attorney General shall publish a legal notice in a newspaper of general circulation in the county where the crime was committed and in counties contiguous to that county.

The notice shall advise the victim or victim’s representative that escrow money is available to satisfy money judgments under this subtitle.

The Attorney General may provide for any further notice that the Attorney General considers necessary.

the charges against the defendant are dismissed;

a nolle prosequi is entered;

the defendant is acquitted;

the defendant is found to be incompetent to stand trial under § 3-106 of this article and at least 5 years have passed since that finding without a further disposition of the charge; or

the charges against the defendant are placed on the stet docket, and at least 3 years have passed.

all money in the escrow account if:

all money remaining in the escrow account after payment of the claims described in § 11-628 of Part II of this subtitle.

made into the escrow account; and

available to satisfy judgments obtained by the victim or victim’s representative.

payments ordered by the Attorney General or a court under § 11-625 of Part II of this subtitle;

subrogation claims of the State under § 11-817 of this title;

a court order of restitution under § 11-603 of this subtitle;

a civil judgment of a victim or victim’s representative; and

a civil judgment of a person, other than a victim or victim’s representative, arising out of the crime.

to submit to the Attorney General a copy of all written terms and a summary of all oral terms of a notoriety of crimes contract described in § 11-622 of Part II of this subtitle; or

to pay over to the Attorney General any money or other consideration as this subtitle requires.

A person who violates this section is subject to a civil penalty of not less than $10,000 for each offense and not exceeding 3 times the notoriety of crimes contract amount.

If two or more persons are subject to the penalties provided in this section, those persons shall be jointly and severally liable for the payment of the penalty imposed.

After notice and opportunity to be heard is provided, the Attorney General by order may assess the penalties described in this subsection.

A penalty assessed under this subsection that is not paid within 30 days after the date of the order shall bear interest at the rate of 1% per month, compounded monthly.

“Habitually lives” means any place where a person lives, sleeps, or visits with any regularity, including where a homeless person is stationed during the day or sleeps at night.

“Habitually lives” includes any place where a person visits for longer than 5 hours per visit more than 5 times within a 30–day period.

Except as otherwise provided in this subsection, “release” means any type of release from the custody of a supervising authority.

“Release” means:

“Release” does not include:

a violation of § 3–303, § 3–304, § 3–309, or § 3–310 of the Criminal Law Article, or § 3–305, § 3–306, § 3–311, or § 3–312 of the Criminal Law Article as the sections existed before October 1, 2017;

assault with intent to commit rape in the first or second degree or a sexual offense in the first or second degree as prohibited on or before September 30, 1996, under former Article 27, § 12 of the Code; or

a crime committed in another jurisdiction, federal or military court, or foreign country that, if committed in this State, would constitute one of the crimes listed in item (1) or (2) of this subsection.

is convicted of a sexually violent offense; and

has been determined in accordance with this subtitle to be at risk of committing another sexually violent offense.

an offense that would require the person to be classified as a tier I sex offender, tier II sex offender, or tier III sex offender;

an offense committed in another state or in a federal, military, or tribal jurisdiction that, if committed in this State, would require the person to be classified as a tier I sex offender, tier II sex offender, or tier III sex offender; or

an offense in a court of Canada, Great Britain, Australia, New Zealand, or any other foreign country where the United States Department of State has determined in its Country Reports on Human Rights Practices that an independent judiciary generally or vigorously enforced the right to a fair trial during the year in which the conviction occurred that, if committed in this State, would require the person to be classified as a tier I sex offender, tier II sex offender, or tier III sex offender.

the Secretary, if the registrant is in the custody of a correctional facility operated by the Department;

the administrator of a local correctional facility, if the registrant, including a participant in a home detention program, is in the custody of the local correctional facility;

the court that granted the probation or suspended sentence, except as provided in item (9) of this subsection, if the registrant is granted probation before judgment, probation after judgment, or a suspended sentence;

the Director of the Patuxent Institution, if the registrant is in the custody of the Patuxent Institution;

the Secretary of Health, if the registrant is in the custody of a facility operated by the Maryland Department of Health;

the court in which the registrant was convicted, if the registrant’s sentence does not include a term of imprisonment or if the sentence is modified to time served;

the Secretary, if the registrant is in the State under terms and conditions of the Interstate Compact for Adult Offender Supervision, set forth in Title 6, Subtitle 2 of the Correctional Services Article, or the Interstate Corrections Compact, set forth in Title 8, Subtitle 6 of the Correctional Services Article;

the local law enforcement unit where the sex offender is a resident, is a transient, or habitually lives on moving from another jurisdiction or foreign country that requires registration if the sex offender is not under the supervision, custody, or control of another supervising authority;

the Director of Parole and Probation, if the registrant is under the supervision of the Division of Parole and Probation; or

the Secretary of Juvenile Services, if the registrant was a minor at the time the act was committed for which registration is required.

conspiring to commit, attempting to commit, or committing a violation of § 3–308 or § 3–308.1(b) of the Criminal Law Article;

conspiring to commit, attempting to commit, or committing a violation of § 3–902 or § 11–208 of the Criminal Law Article, if the victim is a minor;

conspiring to commit, attempting to commit, or committing a violation of § 3–307(a)(1)(ii)5 of the Criminal Law Article, if the victim is not a minor;

a crime committed in a federal, military, tribal, or other jurisdiction that, if committed in this State, would constitute one of the crimes listed in items (1) through (3) of this subsection;

any of the following federal offenses:

any military offense specified by the Secretary of Defense under Section 115(A)(8)(C)(i) of Public Law 105–119 (codified at 10 U.S.C. § 951 Note) that is similar to those offenses listed in item (5) of this subsection; or

a crime in a court of Canada, Great Britain, Australia, New Zealand, or any other foreign country where the United States Department of State has determined in its Country Reports on Human Rights Practices that an independent judiciary generally or vigorously enforced the right to a fair trial during the year in which the conviction occurred that, if the crime were committed in this State, would constitute one of the crimes listed in items (1) through (6) of this subsection.

conspiring to commit, attempting to commit, or committing a violation of § 3–307(a)(4) or (5), § 3–324, § 11–207, or § 11–209 of the Criminal Law Article;

conspiring to commit, attempting to commit, or committing a violation of § 3–1102, § 3–1103, § 11–303, § 11–305, § 11–306, or § 11–307 of the Criminal Law Article, if the intended prostitute or victim is a minor;

conspiring to commit, attempting to commit, or committing a violation of § 3–314 or § 3–603 of the Criminal Law Article, if the victim is a minor who is at least 14 years old;

conspiring to commit, attempting to commit, or committing a violation of § 3–307(a)(1)(ii)5 of the Criminal Law Article, if the victim is a minor who is at least 13 years old;

conspiring to commit, attempting to commit, or committing an offense that would require the person to register as a tier I sex offender after the person was already registered as a tier I sex offender;

a crime that was committed in a federal, military, tribal, or other jurisdiction that, if committed in this State, would constitute one of the crimes listed in items (1) through (4) of this subsection; or

a crime in a court of Canada, Great Britain, Australia, New Zealand, or any other foreign country where the United States Department of State has determined in its Country Reports on Human Rights Practices that an independent judiciary generally or vigorously enforced the right to a fair trial during the year in which the conviction occurred that, if the crime were committed in this State, would constitute one of the crimes listed in items (1) through (4) of this subsection.

conspiring to commit, attempting to commit, or committing a violation of:

conspiring to commit, attempting to commit, or committing a violation of § 3–307(a)(3), § 3–314, § 3–503, or § 3–603 of the Criminal Law Article, if the victim is under the age of 14 years;

conspiring to commit, attempting to commit, or committing the common law offense of false imprisonment, if the victim is a minor;

conspiring to commit, attempting to commit, or committing a violation of § 3–307(a)(1)(ii)5 of the Criminal Law Article, if the victim is a minor who is under the age of 13 years;

conspiring to commit, attempting to commit, or committing an offense that would require the person to register as a tier I or tier II sex offender after the person was already registered as a tier II sex offender;

a crime committed in a federal, military, tribal, or other jurisdiction that, if committed in this State, would constitute one of the crimes listed in items (1) through (4) of this subsection; or

a crime in a court of Canada, Great Britain, Australia, New Zealand, or any other foreign country where the United States Department of State has determined in its Country Reports on Human Rights Practices that an independent judiciary generally or vigorously enforced the right to a fair trial during the year in which the conviction occurred that, if the crime were committed in this State, would constitute one of the crimes listed in items (1) through (4) of this subsection.

is under the custody or supervision of a supervising authority on October 1, 2010;

was subject to registration under this subtitle on September 30, 2010;

is convicted of any felony on or after October 1, 2010, and has a prior conviction for an offense for which registration as a sex offender is required under this subtitle; or

was convicted on or after October 1, 2010, of a violation of § 3–324 of the Criminal Law Article, regardless of whether the victim was a minor.

Subject to subsections (b) and (c) of this section, if a person is convicted of a sexually violent offense, the State’s Attorney before sentencing may ask the court to determine whether the person is a sexually violent predator.

If the State’s Attorney makes a request under paragraph (1) of this subsection, the court shall determine, before or at sentencing, whether the person is a sexually violent predator.

evidence that the court considers appropriate to the determination of whether the person is a sexually violent predator, including the presentencing investigation and sexually violent offender’s incarcerated individual record;

evidence introduced by the person convicted; and

at the request of the State’s Attorney, evidence that a victim of the sexually violent offense presents.

a tier I sex offender;

a tier II sex offender;

a tier III sex offender; or

a sex offender who is required to register by another jurisdiction, a federal, military, or tribal court, or a foreign government, and who is not a resident of this State, and who enters this State: