In this subtitle the following words have the meanings indicated. “Crime” means conduct that is a crime under the law of this State or federal law. “Disposition” means the sentencing or determination of penalty or punishment to be imposed on a person convicted of a crime or against whom a finding of sufficient facts for conviction is made. “Disposition” includes dismissal of charges or other disposition under a plea bargain agreement. “Restitution” means money or services that a defendant is ordered to pay or render to a victim, victim’s representative, or other person or governmental unit. “Victim” means a person who suffers direct or threatened physical, emotional, or financial harm as a result of a crime. “Victim’s representative” includes: a spouse, child, sibling, or a parent of a victim who is a minor, incompetent, or a victim of a homicide; or a guardian of a minor or an incompetent. “Witness” means a person who is or expects to be a State’s witness.

The appropriate criminal justice unit should inform a victim of a crime, a victim’s representative, or a witness of the guidelines listed in subsection (b) of this section. A victim of a crime, victim’s representative, or witness: should be treated with dignity, respect, courtesy, and sensitivity; should receive crisis intervention help, if needed, or be told by the appropriate criminal justice unit where crisis intervention help, emergency medical treatment, creditor intercession services, or other social services and counseling may be obtained; should be notified in advance of dates and times of trial court proceedings in the case and, on written request, of postsentencing proceedings, and be notified if the court proceedings to which the victim of a crime, victim’s representative, or witness has been subpoenaed will not proceed as scheduled; should be told of the protection available, and, on request, be protected by a criminal justice unit, to the extent reasonable, practicable, and, in the unit’s discretion, necessary, from harm or threats of harm arising out of the crime victim’s or witness’s cooperation with law enforcement and prosecution efforts; during each phase of the investigative or court proceedings, should be provided, to the extent practicable, with a waiting area that is separate from a suspect and the family and friends of a suspect; should be told by the appropriate criminal justice unit of financial assistance, criminal injuries compensation, and any other social services available to the victim of a crime or victim’s representative and receive help or information on how to apply for services; should be told of and, on request, should be given employer intercession services, when appropriate, by the State’s Attorney’s office or other available resource to seek employer cooperation in minimizing an employee’s loss of pay or other benefits resulting from participation in the criminal justice process; on written request, should be kept reasonably informed by the police or the State’s Attorney of the arrest of a suspect and closing of the case, and should be told which office to contact for information about the case; should be told of the right to have stolen or other property promptly returned and, on written request, should have the property promptly returned by a law enforcement unit when evidentiary requirements for prosecution can be satisfied by other means, unless there is a compelling law enforcement reason for keeping it; for a crime of violence, on written request, should be kept informed by pretrial release personnel, the State’s Attorney, or the Attorney General, as appropriate, of each proceeding that affects the crime victim’s interest, including: bail hearing; dismissal; nolle prosequi; stetting of charges; trial; and disposition; on request of the State’s Attorney and in the discretion of the court, should be allowed to address the court or jury or have a victim impact statement read by the court or jury at: sentencing before the imposition of the sentence; or any hearing to consider altering the sentence; should be told, in appropriate cases, by the State’s Attorney of the right to request restitution and, on request, should be helped to prepare the request and should be given advice as to the collection of the payment of any restitution awarded; should be entitled to a speedy disposition of the case to minimize the length of time the person must endure responsibility and stress in connection with the case; on written request to the parole authority, should be told each time there is to be a hearing on provisional release from custody and each time the criminal will receive a provisional release; on written request to the Patuxent Institution, Division of Correction, or Parole Commission, as appropriate, should have a victim impact statement read at a hearing to consider temporary leave status or a provisional release; and on written request to the unit that has custody of the offender after sentencing, should be told by the unit whenever the criminal escapes or receives a mandatory supervision release. The Department shall make the guidelines in subsection (b) of this section available to the units involved with carrying out the guidelines. To the extent feasible, the guidelines in subsection (b) of this section shall be printed by Maryland Correctional Enterprises. In this subsection, “law enforcement agency” has the meaning stated in § 3–201 of the Public Safety Article. Each law enforcement agency shall: display a poster developed by the State Board of Victim Services that informs a victim of the right to request a private room to report information related to a crime under Title 3 of the Criminal Law Article; and provide, on request, a private room to a victim to report information related to a crime under Title 3 of the Criminal Law Article.

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

This subtitle does not create a cause of action on behalf of a person against a public official, public employee, a State or local government, or unit, including a unit responsible for the guidelines set forth in this subtitle.

As provided under § 16–203(a)(4) of the Health – General Article, a victim of sexual abuse, physical abuse, or a crime of violence who is a responsible relative of the perpetrator may not be held liable for the cost of health services provided to the perpetrator of the offense by the Maryland Department of Health.

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

In this section the following words have the meanings indicated. “Child” means any individual under the age of 18 years. “Initial assessment” includes: a psychological evaluation; a parental interview; and a medical evaluation. “Peer–to–peer telehealth” means, as it relates to the performance of a forensic examination, the use of interactive audio, video, or other telecommunications or electronic technology by a forensic nurse examiner to assist in the performance of a forensic examination when the forensic nurse examiner is in one location and the patient is with a qualified health care provider in another location. “Peer–to–peer telehealth” does not include: an e–mail message between a health care provider and a patient; or a facsimile transmission between a health care provider and a patient. “Physician” means an individual who is authorized under the Maryland Medical Practice Act to practice medicine in the State. “Qualified health care provider” means an individual who is licensed by a health occupations board established under the Health Occupations Article. “Sexual abuse” means any act that involves sexual molestation or exploitation of a child whether or not the sexual molestation or exploitation of the child is by a parent or other individual who has permanent or temporary care, custody, or responsibility for supervision of a child, or by any household or family member. “Sexual abuse” includes incest, rape, or sexual offense in any degree. If a physician, a qualified health care provider, or a hospital provides a service described in subsection (c) of this section to a victim of an alleged rape or sexual offense or a victim of alleged child sexual abuse: the services shall be provided without charge to the individual; and the physician, qualified health care provider, or hospital: is entitled to be paid by the Governor’s Office of Crime Prevention and Policy for the costs of providing the services; shall provide written or electronic verification signed by a physician or qualified health care provider to the Governor’s Office of Crime Prevention and Policy that services described in subsection (c) of this section were rendered to a victim of an alleged rape or sexual offense or a victim of alleged child sexual abuse; and may not include in any request to obtain payment under this subsection a narrative describing the alleged offense of a victim or a photograph of the victim. This section applies to the following services: a physical and sexual assault forensic examination to gather information and evidence as to an alleged crime when the examination is conducted within 15 days of the alleged crime or a longer period as provided by regulation; emergency hospital treatment and follow–up medical testing for up to 90 days after the initial physical examination; for up to 5 hours of professional time to gather information and evidence of the alleged sexual abuse, an initial assessment of a victim of alleged child sexual abuse by: a physician; qualified hospital health care personnel; a qualified health care provider; a mental health professional; or an interdisciplinary team expert in the field of child abuse; and a sexual assault forensic exam conducted through peer–to–peer telehealth. A physician or a qualified health care provider who examines a victim of alleged child sexual abuse under the provisions of this section is immune from civil liability that may result from the failure of the physician or qualified health care provider to obtain consent from the child’s parent, guardian, or custodian for the examination or treatment of the child. The immunity extends to: any hospital with which the physician or qualified health care provider is affiliated or to which the child is brought; and any individual working under the control or supervision of the hospital.

In this section the following words have the meanings indicated. “Child” means any individual under the age of 18 years. “HIV” means the human immunodeficiency virus that causes acquired immune deficiency syndrome. “Physician” has the meaning stated in § 11–1007 of this subtitle. “Qualified health care provider” has the meaning stated in § 11–1007 of this subtitle. “Sexual abuse” has the meaning stated in § 11–1007 of this subtitle. There is a Program for Preventing HIV Infection for Rape Victims. The purpose of the program is to prevent HIV infection for victims of an alleged rape or sexual offense or victims of alleged child sexual abuse. The Governor’s Office of Crime Prevention and Policy shall administer the program. To accomplish the purpose of the program, a victim of an alleged rape or sexual offense or a victim of alleged child sexual abuse shall be provided with a full course of treatment and follow–up care for postexposure prophylaxis for the prevention of HIV infection at the request of the victim and as prescribed by a health care provider. A victim who receives treatment under this subsection may decline to provide health insurance information or submit personal information to a payment assistance program if the victim believes that providing the information would interfere with personal privacy or safety. The physician, qualified health care provider, or hospital providing a victim with treatment and follow–up care under paragraph (1) of this subsection shall inform the victim of the victim’s right to decline to provide health insurance information or submit personal information to a payment assistance program. If a victim declines to provide health insurance information or to submit personal information to a payment assistance program: the treatment and follow–up care shall be provided without charge to the victim; and the physician, qualified health care provider, or hospital providing the treatment or follow–up care is entitled to be paid by the Governor’s Office of Crime Prevention and Policy for the costs of providing the services. A physician or a qualified health care provider who examines a victim of alleged child sexual abuse under the provisions of this section is immune from civil liability that may result from the failure of the physician or qualified health care provider to obtain consent from the child’s parent, guardian, or custodian for the examination or treatment of the child. The immunity provided under paragraph (1) of this subsection extends to: any hospital with which the physician or qualified health care provider is affiliated or to which the child is brought; and any individual working under the control or supervision of the hospital. On or before December 1, 2022, and every 2 years thereafter, the Governor’s Office of Crime Prevention and Policy shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the operation and results of the program during the immediately preceding 2–year period, including: the number of patients that qualified to receive postexposure prophylaxis under the program; the number of patients that chose to receive postexposure prophylaxis; the total amount reimbursed to providers for the postexposure prophylaxis; and the cost of the postexposure prophylaxis treatment and follow–up care provided under the program.

In this section, “sexually assaultive behavior” has the meaning stated in § 10–923 of the Courts Article. For an investigation or a case involving a victim of sexually assaultive behavior, an assistant State’s Attorney with knowledge of the case shall meet with the victim or a representative designated by the victim within 20 days after receiving a request from the victim to meet regarding a decision by the Office of the State’s Attorney: not to file a charging document against an alleged suspect; or to dismiss charges against an alleged suspect. At the meeting required under this section, the assistant State’s Attorney shall explain the justification for not filing a charging document or for dismissing the charges. The meeting required under this section may be conducted in person, by phone, or by other means mutually agreed on.

In this section, “person in interest” has the meaning stated in § 4–101 of the General Provisions Article. This section applies only with respect to a victim whose initial determination of cause or manner of death recorded on the victim’s death certificate under § 4–212 of the Health – General Article was amended or corrected to be undetermined or homicide under § 5–309(d)(2) of the Health – General Article. For an investigation or a case involving a victim described under subsection (b) of this section, an assistant State’s Attorney with knowledge of the case shall meet with a person in interest within 20 days after receiving a request from the person in interest to meet regarding the person in interest’s request that the Office of the State’s Attorney pursue an investigation into the circumstances of the victim’s death. At the meeting required under this section, the assistant State’s Attorney shall explain the justification for not pursuing an investigation into the victim’s death despite the amendment or correction to the cause or manner of death on the death certificate of the victim. The meeting required under this section may be conducted in person, by telephone, or by other means mutually agreed on.