In this subtitle the following words have the meanings indicated.
“Board” means the Criminal Injuries Compensation Board.
“Claimant” means the person filing a claim under this subtitle.
“Crime” means:
except as provided in paragraph (2) of this subsection, a criminal offense under state, federal, or common law that is committed in:
this State; or
another state against a resident of this State; or
an act of international terrorism as defined in Title 18, § 2331 of the United States Code that is committed outside of the United States against a resident of this State.
“Crime” does not include an act involving the operation of a vessel or motor vehicle unless the act is:
a violation of § 20–102, § 20–104, § 21–706, § 21–901.3, § 21–902, § 21–904, or § 21–1124.3 of the Transportation Article;
a violation of § 8–738 of the Natural Resources Article;
a violation of the Criminal Law Article;
operating a motor vehicle or vessel that results in an intentional injury; or
a violation of federal law or the law of another state that is substantially equivalent to a violation under this paragraph, as required under 34 U.S.C. § 20102(b)(5) and (6).
“Dependent” means:
a surviving spouse, domestic partner, or child of a person; or
a person who is dependent on another person for principal support.
“Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.
“Qualified third party” means:
a licensed physician, dentist, or psychologist authorized to practice under the Health Occupations Article;
a social worker or caseworker of any public or private health or social services agency or provider; or
an advocate or victim service provider from a domestic violence or sexual assault prevention or assistance program.
“Victim” means a person:
who suffers physical or psychological injury or death as a result of a crime or delinquent act; or
who suffers physical injury or death as a direct result of:
trying to prevent a crime or delinquent act or an attempted crime or delinquent act from occurring in the person’s presence;
trying to apprehend an offender who had committed a crime or delinquent act in the person’s presence or had committed a felony or a delinquent act that would be a felony if committed by an adult; or
helping a law enforcement officer in the performance of the officer’s duties or helping a member of a fire department or an agency that provides emergency medical services who is being obstructed from performing the member’s duties.
The General Assembly finds:
that many persons suffer personal physical or psychological injury or die because of crime victimization;
that there is a need for government assistance for crime victims and their loved ones; and
that needed assistance includes financial assistance to address the many significant emotional, practical, and financial hurdles that result from crime victimization, including lost work, unexpected funeral expenses, and health needs.
The policy of the State is that help, care, and support be provided by the State, as a matter of moral responsibility and public safety, for these victims.
The Executive Director may designate a person to carry out the duties of the Executive Director.
There is a Criminal Injuries Compensation Board in the Governor’s Office of Crime Prevention and Policy.
The Board consists of seven members.
The membership of the Board shall reflect the racial, ethnic, geographic, and gender diversity of the State.
Of the seven members of the Board:
one shall be a family member of a homicide victim;
at least one shall be a survivor of violence who is a member of a community that experiences disproportionately high rates of violence and incarceration; and
at least one shall be a representative of an organization that provides assistance to victims applying for victim compensation.
The Executive Director shall appoint the members of the Board, with the approval of the Governor and the advice and consent of the Senate.
The term of a member is 5 years.
A member who is appointed to fill a vacancy occurring other than by expiration of a term serves for the rest of the unexpired term.
A member may not serve more than two consecutive terms.
With the approval of the Governor, the Executive Director shall designate one member of the Board as chairman.
The chairman serves at the pleasure of the Executive Director.
Each member of the Board shall devote the time necessary to perform the duties listed under this subtitle.
Each member of the Board is entitled to:
compensation in accordance with the State budget; and
reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Subject to the authority of the Executive Director, the Board has the following powers and duties:
to establish and maintain an office and to appoint and prescribe the duties of a claims examiner, a secretary, clerks, and any other employees and agents as may be necessary;
to adopt regulations to carry out the provisions and purposes of this subtitle, including procedures for the review and evaluation of claims and regulations for the approval of attorneys’ fees for representation before the Board or before the court on judicial review;
to request from the State’s Attorney, the Department of State Police, county or municipal police departments, or a qualified third party any investigation and information that will help the Board to determine whether a crime or a delinquent act was committed or attempted;
to hear and determine each claim for an award filed with the Board under this subtitle and to reinvestigate or reopen a case as the Board determines to be necessary;
to direct medical examination of victims;
to hold hearings, administer oaths, examine any person under oath, and issue subpoenas requiring the attendance and testimony of witnesses or requiring the production of documents or other evidence; and
to take or cause to be taken affidavits or depositions within or outside the State.
Except as otherwise provided by law, an employee of the Board is subject to the State Personnel and Pensions Article.
The Board:
may delegate to employees of the Board authority to hear claims and make initial determinations regarding each claim for an award filed with the Board under this subtitle, and any other powers necessary for the office within the Board to make initial determinations; and
shall submit each year to the Governor, to the Executive Director, and, subject to § 2–1257 of the State Government Article, to the General Assembly a written report of the activities of the Board, including:
the number of applications filed with the Board;
the number of applications approved;
the number of applications denied;
aggregated data regarding the basis for each denial;
anonymized data indicating the race, gender, age, and county of residence of victims;
anonymized data indicating the crime involved in each application; and
the average time in between the Board receiving an application, the determination of eligibility, and the first disbursement to the victim.
A claim by a person other than the victim may not include narrative describing the victim or a photograph of the victim.
The Board may not disclose the identity of or information that clearly identifies a victim of sexual assault, child abuse, stalking, or elder abuse.
If the confidentiality of a record or report that the Board obtains is protected by law or regulation, the record or report shall remain confidential, subject to the law or regulation.
Except as provided under subsection (b) of this section, the record of a proceeding before the Board or a Board member is a public record.
If the confidentiality of a record or report that the Board obtains is protected by law or regulation, the record or report shall remain confidential, subject to the law or regulation.
In this section, “law enforcement unit” means:
the Department of State Police;
the Police Department of Baltimore City;
the police department, bureau, or force of a county;
the police department, bureau, or force of a municipal corporation;
the office of the sheriff of a county;
the office of the State’s Attorney for a county;
the Office of the Attorney General; or
the Office of the State Prosecutor.
When a report of a crime is filed with a law enforcement unit, the law enforcement unit shall give to a victim of that crime written information that the Board supplies about compensation for victims.
A failure to comply with this section is not grounds for any civil or criminal action against a law enforcement unit.
Except as provided in paragraph (2) of this subsection, the following persons are eligible for awards in the manner provided under this subtitle:
a victim;
a dependent of a victim who died as a direct result of:
a crime or delinquent act;
trying to prevent a crime or delinquent act or an attempted crime or delinquent act from occurring in the victim’s presence or trying to apprehend a person who had committed a crime or delinquent act in the victim’s presence; or
helping a law enforcement officer perform the officer’s duties or helping a member of a fire department or an agency that provides emergency medical services who is obstructed from performing the member’s duties;
any person who paid or assumed responsibility for the funeral expenses of a victim who died as a direct result of:
a crime or delinquent act;
trying to prevent a crime or delinquent act or an attempted crime or delinquent act from occurring in the victim’s presence or trying to apprehend a person who had committed a crime or delinquent act in the victim’s presence; or
helping a law enforcement officer perform the officer’s duties or helping a member of a fire department or an agency that provides emergency medical services who is obstructed from performing the member’s duties; and
a parent, child, domestic partner, dependent minor, adult under legal guardianship, or spouse of a victim who resides with the victim; or
a parent, child, domestic partner, dependent minor, adult under legal guardianship, or spouse of an individual who is incarcerated for abuse as defined in § 4–501 of the Family Law Article and who, prior to incarceration:
resided with the parent, child, domestic partner, dependent minor, adult under their legal guardianship, or spouse; and
provided financial support to the parent, child, domestic partner, dependent minor, adult under the individual’s legal guardianship, or spouse.
A person who commits the crime or delinquent act that is the basis of a claim, or an accomplice of the person, is not eligible to receive an award with respect to the claim.
A resident of the State is eligible for an award under this subtitle if the resident becomes a victim in another state other than this State that:
does not operate a criminal injuries compensation program;
operates a criminal injuries compensation program for which the victim is ineligible; or
operates a criminal injuries compensation program for which money has not been appropriated or made available.
A person eligible to receive an award under subsection (a) or (b) of this section may file a claim under this subtitle.
If a person eligible to receive an award is under 18 years of age, the person’s parent or guardian may file a claim under this subtitle.
If a person eligible to receive an award is mentally incompetent, the person’s guardian or other person authorized to administer the person’s estate may file the claim on the person’s behalf.
Except as provided in paragraphs (2), (3), and (4) of this subsection, a claimant shall file a claim within 4 years after the later of:
the discovery of the occurrence of the crime or delinquent act or the death of the victim; or
the earlier of:
the date the claimant discovered an attempt to obtain a reversal of a conviction, a sentence, or an adjudication for the crime or delinquent act; or
the date the claimant, exercising ordinary diligence, should have discovered an attempt to obtain a reversal of a conviction, a sentence, or an adjudication for the crime or delinquent act.
In a case of child abuse, a claimant may file a claim at any time.
In a case where the filing of a claim was delayed as the result of a delay in the testing of DNA or a delay in DNA profile matching from a sexual assault forensic examination kit or biological material related to a sexual offense, a claimant shall file a claim within 4 years after notification of the results of the testing or DNA profile matching.
A claimant may file a claim at any time if the Board determines that there was good cause for failure to file a claim within the time limits provided under paragraphs (1) and (3) of this subsection.
Claims shall be filed in the office of the Board:
in person;
by mail; or
electronically, in the manner provided under procedures established by the Board.
The Board shall:
accept for filing each claim that meets the requirements of this subtitle and the regulations of the Board; and
notify the claimant within 10 days after receipt of the claim.
In this subsection, “debt collection activities” means:
repeatedly calling or writing to a claimant or other person eligible for benefits associated with a claim and threatening to refer the unpaid health care matter, funeral expense, or other death–related expense to a debt collection agency or an attorney for collection; or
filing a legal action or pursuing any legal process or legal proceeding.
“Debt collection activities” does not include routine billing or inquiries about the status of the claim.
When a claimant files a claim under this subtitle, all health care providers, as defined in § 3–2A–01 of the Courts Article and § 4–301(h) of the Health – General Article and persons that have provided funeral or death–related services in relation to the death of a victim, that have been given notice of a pending claim shall refrain from all debt collection activities relating to the claim until a final decision is made by the Executive Director on the claim.
On filing by a party of a notice of a claim filed under this subtitle, a court shall stay all proceedings in an action related to health care or funeral or death–related services provided to a claimant in connection with the claim until the court is notified that a final decision on the claim has been made.
Claimants under this subtitle are protected under the Maryland Consumer Debt Collection Act in Title 14, Subtitle 2 of the Commercial Law Article.
A health care provider or person that has provided funeral or death–related services who receives notice that a claim has been filed under this subtitle may notify the Board in writing of the debt owed by the claimant in connection with the claim.
If a health care provider or person that has provided funeral or death–related services notifies the Board under subparagraph (i) of this paragraph, the Board shall notify the health care provider or person that has provided funeral or death–related services in writing when a final decision is made on the claim.
After a final decision on the claim under this subtitle, a health care provider or person that has provided funeral or death–related services that has received notice of a pending claim under this subtitle may engage in debt collection activities or file a civil action in court until the later of:
the expiration of the time for filing a civil action in court; or
6 months after the date of the final decision on the claim under this subtitle.
The Board may make an award only if the Board finds that:
a crime or delinquent act was committed; and
the crime or delinquent act directly resulted in:
physical injury to or death of the victim; or
psychological injury to the victim that necessitated mental health counseling.
The Board shall accept as evidence:
a report produced by a law enforcement agency;
medical records documenting an injury consistent with the alleged crime;
a sworn statement from a qualified third party;
a peace order issued under Title 3, Subtitle 15 of the Courts Article;
a protective order issued under Title 4, Subtitle 5 of the Family Law Article; and
any other evidence the Board considers probative.
Unless total dependency is established, family members, household members, and minors living with a legal guardian are considered to be partly dependent on a parent or a legal guardian with whom they reside without regard to actual earnings.
The Board may make an award only if the claimant, as a result of the injury on which the claim is based, has:
incurred at least $100 in unreimbursed and unreimbursable expenses or indebtedness reasonably incurred or claimed for:
medical care, including the cost of medical supplies;
expenses for eyeglasses and other corrective lenses;
mental health counseling;
funeral expenses;
repairing, replacing, or cleaning property;
disability or dependent claim, or any assistive technology related to a disability or dependent claim;
the costs of one–time relocation, including any security deposit;
child care expenses incurred as a result of seeking medical or psychological care;
transportation costs incurred by travel to seek medical or psychological care; or
other necessary services; or
lost at least $100 in earnings or support.
A claimant filing for injuries incurred as the occupant of a motor vehicle or a dependent of an occupant of a motor vehicle operated in violation of § 21–902 of the Transportation Article may not receive an award unless the claimant proves that the occupant did not know or could not have known of the condition of the operator of the vehicle.
A victim or dependent may not be denied compensation because the victim:
is a relative of the offender; or
was living with the offender as a family member or household member at the time of the injury or death.
If the Board can reasonably determine that the offender will not receive any economic benefit or undue enrichment from the compensation, the Board may award compensation to a victim or dependent who is a relative, family member, or household member of the offender.
Except as otherwise provided in this subsection, an award under this subtitle shall be made in accordance with the schedule of benefits, as it existed on January 1, 2001, and degree of disability as specified in Title 9, Subtitle 6 of the Labor and Employment Article and any other applicable provisions of the Labor and Employment Article, except for Title 9, Subtitle 8 of the Labor and Employment Article.
For determining the amount of an award under this subtitle, the term “average weekly wages” does not include tips, gratuities, and wages that are undeclared on the claimant’s State or federal income tax returns for the applicable years.
If a claimant does not have “average weekly wages” to qualify under the formula in Title 9, Subtitle 6 of the Labor and Employment Article, the award shall be in an amount equal to the average of the maximum and minimum awards listed in the applicable portion of that subtitle.
An award for loss of earnings or support made under this subtitle may be up to two–thirds of the victim’s gross average wage, but may not be less than the amount provided in paragraph (1) of this subsection.
The parent or guardian of a victim who is a child and who resides with the victim may be eligible for an award of up to 30 days of lost earnings as a result of caring for the victim.
An award for funeral expenses may not exceed $10,000.
Subject to the limitation under subsection (b)(3) of this section and § 11–812 of this subtitle, a person who is eligible for an award as the result of the death of a victim or psychological injury may be eligible, under the regulations that the Board adopts, to receive psychiatric, psychological, or mental health counseling.
Subject to the limitation under subsection (b)(6) of this section and § 11–812 of this subtitle, a parent, child, domestic partner, dependent, or spouse of a victim who resides with the victim and who is eligible for an award as the result of the injury of a victim is eligible to receive psychiatric, psychological, or mental health counseling.
Subject to the limitation under subsection (b)(7) of this section and § 11–812 of this subtitle, a parent, child, domestic partner, dependent, or spouse of a victim who died as a direct result of a crime or delinquent act is eligible for an award of up to 2 weeks of lost average weekly wages.
Compensation awarded under this subtitle may not exceed:
for a disability–related or dependency–related claim:
except as provided in item (ii) of this paragraph, $25,000; or
if the injury to the victim results in permanent total disability, up to an additional $25,000 after a disability–related claim has been awarded to the victim;
$45,000 for a medical claim;
$45,000 for each claimant for psychiatric, psychological, or mental health counseling under subsection (a)(5) of this section;
except as provided in item (1)(ii) of this subsection, a total of $45,000, including any subsequent and supplemental awards;
$2,000 for each claimant for repair, replacement, or cleaning of property damaged, soiled, or littered as a result of a crime or law enforcement investigation of a crime, including the cost of replacing locks;
for an award for psychiatric, psychological, or mental health counseling made under subsection (a)(6) of this section:
$10,000 for each claimant; and
$20,000 for each incident; or
$2,000 for lost average weekly wage claims made under subsection (a)(7) of this section.
An award made under this subtitle shall be reduced by the amount of any payments received or to be received as a result of the injury:
from or on behalf of the offender;
except as provided in item (3) of this subsection, from any other public or private source, including an award of the State Workers’ Compensation Commission under the Maryland Workers’ Compensation Act;
from any proceeds of life insurance in excess of $25,000; or
as an emergency award under § 11–813 of this subtitle.
If there are two or more persons entitled to an award as a result of the death of a victim, the award shall be apportioned among the claimants.
The Board may negotiate a settlement with:
a health care provider for the medical and medically related expenses; or
a person that has provided funeral or death–related services in relation to the death of a victim.
The Board may not make an award unless money is appropriated and available for the full amount of the award.
If a multiyear award is made, the total amount of the award shall be obligated and held for the time necessary to complete payment in accordance with the provisions of the award.
If payment of an award is terminated for any reason after June 30 of the fiscal year in which the award was made, the rest of the award shall revert to the Criminal Injuries Compensation Fund established under § 11-819 of this subtitle.
The Board may make an emergency award to the claimant before making a final decision in the case, if the Board determines, before taking action on the claim, that:
an award likely will be made on the claim; and
the claimant will suffer undue hardship unless immediate payment is made.
The amount of an emergency award under this section:
may not exceed $10,000; and
shall be deducted from any final award made to the claimant.
Unless the Board finds by clear and convincing evidence that the application is without merit, the Board shall make emergency awards for:
funeral expenses;
crime scene cleanup; and
emergency relocation.
The Board shall make available publicly on its website a form or online application portal for victims to apply for emergency awards.
Within 30 days after the receipt of a claim, the Board shall notify the claimant by e–mail, phone, or other manner to provide immediate notice if additional material is required.
The Board shall document the date and time that notice is issued under this subsection.
Except as provided in paragraph (2) of this subsection, within 30 days after the receipt of a claim and all necessary supporting material, the Board or employees of the Board shall:
complete the review and evaluation of each claim; and
file with the Executive Director a written report setting forth the decision and the reasons in support of the decision.
For good cause shown, for a period not to exceed 1 year the Board may extend the time to file its report with the Executive Director after receipt of the claim and all necessary supporting material until the first to occur of the following events:
the claimant no longer has expenses related to the crime; or
the claimant has been awarded the maximum amount authorized under §§ 11–811(b) and 11–812 of this subtitle.
Within 30 days after the receipt of a written report from the Board or an employee of the Board, the claimant may petition the Board for reconsideration of a decision made by the Board or an employee of the Board.
Within 30 days after the receipt of a petition for reconsideration, the Board shall issue a decision.
The Board shall file with the Executive Director a written report setting forth the decision and the reasons in support of the decision.
A claimant may appeal the decision of the Board on a petition for reconsideration by filing a petition for judicial review in accordance with Title 7 of the Maryland Rules.
The claimant shall be given a copy of any report issued by the Board or an employee of the Board.
A claim under this subtitle is subject to the applicable provisions of the Administrative Procedure Act.
If a claimant requests a hearing after the Board has issued proposed findings of fact, conclusions of law, or orders, the Board shall hold a hearing in accordance with the applicable provisions of the Administrative Procedure Act before the Board issues final findings of fact, conclusions of law, or orders.
Within 30 days after the final decision of the Executive Director, a claimant aggrieved by that decision may appeal the decision under §§ 10–222 and 10–223 of the State Government Article.
An award under this subtitle shall be paid in the manner that the Board specifies in its decision.
An award under this subtitle is not subject to execution or attachment other than for expenses resulting from the injury that is the basis for the claim.
In each case under this subtitle that provides for compensation to an employee or the employee’s dependent, the Board may convert the compensation to be paid in a partial or total lump sum without discount, if in the Board’s opinion the facts and circumstances of the case warrant.
Notwithstanding any other provision of this title, only the provisions of § 11–1007 of this title and any applicable regulations adopted to carry out the provisions of that section apply to reimbursement for forensic examinations and other eligible expenses for cases involving rape, sexual offenses, or child sexual abuse.
As required under § 11–1007 of this title, the Board shall pay for forensic examinations and other eligible expenses for cases involving rape, sexual offenses, or child sexual abuse.
Acceptance of an award made under this subtitle subrogates the State, to the extent of the award, to any right or right of action of the claimant or the victim to recover payments on account of losses resulting from the crime or delinquent act with respect to which the award is made, including the right to recover restitution ordered under § 11-603 of this title.
A person may not assert a false claim under this subtitle.
A person who violates this section:
is guilty of a misdemeanor and on conviction is subject to a fine not less than $500; and
shall forfeit any benefit received and reimburse the State for payments received or paid on the person’s behalf under this subtitle.
There is a Criminal Injuries Compensation Fund.
The Fund consists of:
money distributed to the Fund from the additional court costs collected from defendants under § 7–409 of the Courts Article;
any investment earnings or federal matching funds received by the State for criminal injuries compensation; and
funds made available to the Fund from any other source.
The Fund is a special continuing, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
The Treasurer shall separately hold the Fund and the Comptroller shall account for it.
The Fund shall be invested and reinvested in the same manner as other State funds.
The Fund is subject to audit by the Office of Legislative Audits as provided in § 2–1220 of the State Government Article.
For fiscal year 2026 and each fiscal year thereafter, the Governor may include in the annual budget bill an appropriation adequate to ensure a balance in the Fund.
The Criminal Injuries Compensation Fund:
shall be used to:
carry out the provisions of this subtitle; and
distribute restitution payments forwarded to the Fund under § 9–614 of the Correctional Services Article; and
may be used for:
any award given under this subtitle; and
the costs of carrying out this subtitle.
This section does not prohibit the Fund from receiving money from any other source.