In Part I of this subtitle the following words have the meanings indicated. “Central Collection Unit” means the Central Collection Unit in the Department of Budget and Management. “Child” means a person under the age of 18 years. “Crime” means an act committed by a person in the State that is a crime under: common law; § 109 of the Code of Public Local Laws of Caroline County; § 8A–1 of the Code of Public Local Laws of Talbot County; or except as provided in paragraph (2) of this subsection, the Annotated Code. “Crime” does not include a violation of the Transportation Article that is not punishable by a term of confinement. “Defendant” means a person: 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. “Division” means the Division of Parole and Probation. “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. “Liable parent” means a parent: whose child has committed a crime or delinquent act; and who has been ordered to pay restitution under § 11-604 of this subtitle. “Restitution obligor” means a defendant, child respondent, or liable parent against whom a judgment of restitution has been entered. “Victim” means: 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.

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: the owner of the burial site; and a person related by blood or marriage to the person buried in the burial site.

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: 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: actual medical, dental, hospital, counseling, funeral, or burial expenses or losses; direct out–of–pocket loss; loss of earnings; or expenses incurred with rehabilitation; 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. A victim is presumed to have a right to restitution under subsection (a) of this section if: 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. 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.

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. 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. 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.

A court need not issue a judgment of restitution under Part I of this subtitle if the court finds: 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. A court that refuses to order restitution that is requested under Part I of this subtitle shall state on the record the reasons.

The court may order that restitution be paid to: the victim; the Maryland Department of Health, the Criminal Injuries Compensation Board, or any other governmental unit; a third–party payor, including: an insurer; or any other person that has, under Part I of this subtitle: compensated the victim for a property or pecuniary loss; or paid an expense on behalf of a victim; 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: may be a requirement in the judgment of conviction or disposition in a juvenile delinquency proceeding; if work release is ordered or allowed, shall be a condition of work release; and if probation is ordered, shall be a condition of probation: in addition to a sentence or disposition; or instead of a sentence if the probation is ordered before judgment under § 6–220 of this article. 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: shall keep records of payments or return of property in satisfaction of the judgment of restitution; 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 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. 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: notify the court; and if an earnings withholding order is not in effect and the restitution obligor is employed, request an earnings withholding order. 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.

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. 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. 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.

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. A judgment of restitution that is recorded and indexed in the civil judgment index as a money judgment under subsection (a) of this section: 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: be entered, indexed, and recorded under Maryland Rule 3-601; and constitute a lien as provided under Maryland Rule 3-621(b). 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. Once a judgment of restitution is recorded and indexed as a money judgment under subsection (a) of this section: 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. 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. 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: “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.”

A court may not assess costs on a person or governmental unit to whom a restitution obligor has been ordered to pay restitution: for recording and indexing as a money judgment an order of restitution issued by any court in the State; for recording and indexing a notice of lien that the District Court forwards to a circuit court; or for filing a notice of satisfaction.

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: 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 to forward a written notice to the person or governmental unit to whom the restitution obligor was ordered to pay restitution. The written notice shall state that: the judgment of restitution has been recorded and indexed as a money judgment in the District Court; and a notice of lien has been forwarded to the circuit court of the county of entry of judgment. 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.

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: 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: filing an appeal in a State court or in federal court; applying for leave to appeal following a plea of guilty in a circuit court; filing a motion for exercise of revisory power by the sentencing court under the Maryland Rules; filing an application for review of criminal sentence under Title 8 of this article; or filing a notice for in banc review under the Maryland Rules. 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. 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. The judgment of restitution may be enforced in the same way that a monetary judgment is enforced.

If practicable, the State’s Attorney should: 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. 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.

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. 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.

The Division or the Department of Juvenile Services: 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. Subject to subsection (c) of this section, the Central Collection Unit may: 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 Comptroller for income tax refund interception in accordance with Title 13, Subtitle 9, Part III of the Tax – General Article; the State Lottery and Gaming Control Agency for State lottery prize payout interception in accordance with § 11–618 of this subtitle; and a video lottery operator, as defined under § 9–1A–01 of the State Government Article, for video lottery facility prize payout interception in accordance with § 11–618 of this subtitle. The Central Collection Unit may not compromise and settle a judgment of restitution unless: the Division or the Department of Juvenile Services obtains the consent of the victim; or the court orders otherwise because a victim cannot be located. 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. 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: 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: by the date that the court orders; or if no date is ordered, by the later of: the date the Division or the Department of Juvenile Services directs the restitution obligor to pay restitution or make a restitution payment; or 30 days after the court enters a judgment of restitution. 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: at the sentencing or disposition hearing; when the defendant or child respondent is placed on work release or probation; or when the payment of restitution is overdue. Subject to federal law, the order of priority of execution of an earnings withholding order is: 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: serve a copy on any current or subsequent employer of the restitution obligor, if known; and mail a copy to the restitution obligor at the last known address or place of incarceration or commitment of the restitution obligor. A restitution obligor immediately shall notify the court, the Central Collection Unit, and the Division or Department of Juvenile Services of: any objection to an earnings withholding order; the current home address of the restitution obligor; the name of the employer; the work address of the restitution obligor; and any change of employer, home address, or work address of the restitution obligor. 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: any justification for the employer’s inability to comply with the earnings withholding order; the home address of the restitution obligor on the termination of employment; information regarding the new place of employment of the restitution obligor; or the employer’s reemployment of the restitution obligor. 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: comply with the requirements of §§ 10-128(a) and 10-129(a) through (c) of the Family Law Article; and set forth the obligations and responsibilities of an employer and a restitution obligor under an earnings withholding order and the consequences of violating this section. 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. The amount of an earnings withholding order issued under this section may not exceed the limits of the federal Consumer Credit Protection Act. The court shall reduce an amount of an earnings withholding order that exceeds the limits of the federal Consumer Credit Protection Act to the maximum allowed under the Act. 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. A certification of arrearage on restitution payments that the Central Collection Unit sends to the Agency or a video lottery operator under § 11–616 of this subtitle shall contain: 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. If a restitution obligor who is overdue in restitution payments wins a lottery prize to be paid by check directly by the Agency, the Agency shall send a notice to the restitution obligor that: 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. If a restitution obligor who is overdue in restitution payments wins a prize at a video lottery facility requiring the issuance of Internal Revenue Service form W–2G or a substantially equivalent form by a video lottery operator, the video lottery operator shall notify the restitution obligor that: 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: an interception request under § 10–113.1 of the Family Law Article; an interception request under this section; an interception request under § 3–307 of the State Finance and Procurement Article; and an interception request under § 3–308 of the State Finance and Procurement Article. 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: paid to the restitution obligor; paid in accordance with subsection (e)(2) of this section; or partly paid to the restitution obligor and partly paid in accordance with subsection (e)(2) of this section. The Secretary of Budget and Management and the Director of the Agency may jointly adopt regulations to carry out this section. A video lottery operator may not be held liable for an act or omission taken in good faith to comply substantially with the requirements of this section.

Subject to subsection (b) of this section, any order of restitution made by a court shall be governed by the provisions of this subtitle. This subtitle may not be construed to limit the authority of a court to direct a defendant or a child found to have committed a delinquent act to make restitution or to perform certain services, as specified by the court, for the victim as an alternative means of restitution.

In Part II of this subtitle the following words have the meanings indicated. “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. “Notoriety of crimes contract” means a contract or other agreement with a defendant, or a representative or assignee of a defendant, with respect to: 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. “Victim” means a person who suffers personal injury, death, or property loss as a direct result of crime. “Victim’s representative” includes the personal representative of the estate of a deceased victim and a beneficiary under a wrongful death action.

A person who makes a notoriety of crimes contract with a defendant or a representative or assignee of that defendant shall: submit to the Attorney General a copy of all written terms and a summary of all oral terms of the notoriety of crimes contract; and pay over to the Attorney General any money or other consideration not subject to a judgment of restitution under § 11-603 of this subtitle that by the terms of the notoriety of crimes contract otherwise would be owed to the defendant or a representative or assignee of the defendant.

On receipt of a submission under § 11-622 of Part II of this subtitle, the Attorney General shall mail notice of the receipt to each victim or victim’s representative at the last known address of the victim or victim’s representative. The Attorney General shall decide whether a contract is a notoriety of crimes contract: 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. The Attorney General: 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.

The Attorney General shall deposit money received under this subtitle in an interest bearing escrow account. Except as provided in § 11-625 of Part II of this subtitle and subsection (e) of this section, the Attorney General shall hold money for the benefit of and payable to the victim or victim’s representative, as provided in subsection (c) of this section. 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: brings or has pending a civil action against the defendant in a court of competent jurisdiction; has recovered a money judgment for damages against the defendant; or has been awarded restitution. 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: has been found guilty; has pleaded nolo contendere; has been placed on probation before judgment; or has been found not criminally responsible for criminal conduct under § 3-109 of this article. 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. Except as provided in subsection (f) of this section, the Attorney General shall pay over to the defendant all of the money from the escrow account if: 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. Notwithstanding § 11-628 of Part II of this subtitle, if a defendant was convicted before July 1, 1987, the Attorney General shall pay over to the defendant: all money in the escrow account if: at least 5 years have passed since the escrow account was established; and no action by the victim or victim’s representative is pending against the defendant; or all money remaining in the escrow account after payment of the claims described in § 11-628 of Part II of this subtitle.

The Attorney General shall pay the defendant from the escrow account the money that a court of competent jurisdiction in an order finds will be used to hire legal counsel at any stage of the criminal case, including an appeal. After notice to each victim or victim’s representative, the Attorney General shall pay money from the escrow account to a representative of a defendant for the necessary expenses of production of the money paid into the escrow account if the Attorney General finds that the payments are necessary and are not contrary to public policy. The Attorney General may pay from the escrow account the costs of legal notices required under § 11-624 of Part II of this subtitle. The total of all payments made from the escrow account under this section may not exceed 25% of the total payments that are: made into the escrow account; and available to satisfy judgments obtained by the victim or victim’s representative.

Notwithstanding any other law, including the statute of limitations for a wrongful death action, a victim or victim’s representative who seeks to bring a civil action under Part II of this subtitle shall bring the action against a defendant within 5 years after the Attorney General establishes an escrow account.

Any action that a defendant takes to defeat the purpose of Part II of this subtitle, including an execution of a power of attorney, creation of a corporate entity, or designation of the defendant’s interest, is void as against public policy.

Notwithstanding any other law, a claim on money in the escrow account has the following priorities in this order: 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. The Attorney General may bring an action of interpleader or an action for declaratory judgment when the Attorney General is unable to determine the priority of claims and the proper disposition of the escrow account. After payment of the claims described in subsection (a) of this section, the Attorney General shall deposit the money remaining in the escrow account in the State Victims of Crime Fund that is established under § 11-916 of this title.

Notwithstanding any other law, the Attorney General has exclusive jurisdiction and control as escrow agent over money or other consideration subject to Part II of this subtitle. Money in an escrow account may be distributed only by a determination and order of the Attorney General under Part II of this subtitle. The Attorney General may adopt regulations to carry out Part II of this subtitle.

A person aggrieved by a final determination and order of the Attorney General under Part II of this subtitle may seek judicial review.

A person may not willfully fail: 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. An action to recover a civil penalty assessed under this subsection may be brought by the Attorney General in a court of competent jurisdiction within 6 years after the cause of action accrues. Any money recovered under subparagraph (i) of this paragraph shall be paid into the State Victims of Crime Fund that is established under § 11-916 of this title.

The Attorney General may bring a proceeding in a court of competent jurisdiction against a person who violates or threatens to violate Part II of this subtitle to restrain the person from continuing the violation or carrying out the threat. In a proceeding under this section, a court has jurisdiction to grant to the Attorney General, without bond or other undertaking, a prohibitory or mandatory injunction as the facts may warrant, including temporary restraining orders and preliminary injunctions to prevent payments under a notoriety of crimes contract that violates Part II of this subtitle.

A person may not: conceal the existence of a notoriety of crimes contract; or except as otherwise provided in Part II of this subtitle, make or receive payments under a notoriety of crimes contract.