Title 11. Victims and Witnesses — Subtitle 9. Victims and Witnesses -- Services

to protect victims and witnesses and the families of victims and witnesses;

to relocate victims and witnesses to protect them or to facilitate their participation in court proceedings; and

to pay the costs of carrying out the Program.

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.

Any investment earnings or federal matching funds received by the State for victim and witness protection or relocation shall be credited to the Fund.

“Crime” means conduct that is a crime under:

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

“Victim” means a person who suffers direct or threatened physical, emotional, or financial harm as a direct result of a crime or of a violation of § 21-902 of the Transportation Article.

“Victim” includes a family member of a minor, incompetent, or homicide victim.

as ex officio members:

14 persons appointed by the Governor as follows:

one member of the judiciary of the State, appointed by the Chief Justice of the Supreme Court of Maryland.

The term of an appointed member is 5 years.

The terms of appointed members are staggered as required by the terms provided for members of the Board on October 1, 2001.

At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies.

A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

may not receive compensation as a member of the Board; but

is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

develop pamphlets to notify victims and victim’s representatives of the rights, services, and procedures provided under Article 47 of the Maryland Declaration of Rights or State law, how to request information regarding an unsolved case, how to file a complaint to the Department of Juvenile Services alleging that a child is in need of supervision, and how to request that an offender be placed on electronic monitoring or electronic monitoring with victim stay–away alert technology, including:

develop a poster to notify victims of the right to request a private room in a law enforcement agency or unit to report crimes under Title 3 of the Criminal Law Article; and

provide staff support to the Board on victim services matters;

monitor, assess, and make recommendations on State and local victim compensation programs and procedures;

provide technical assistance to local public and private programs that provide victim assistance;

research and gather data on victims and victim assistance programs, and disseminate the data to the public;

submit to the Governor, the Attorney General, the Secretary of Public Safety and Correctional Services, and the Board an annual report that includes recommendations on how to improve victim assistance programs;

ensure that the rights of victims are observed;

help victims to get the information to which they have a right; and

monitor compliance with the guidelines for treatment of and assistance to victims and witnesses under §§ 11-1002 and 11-1003 of this title.

The Fund shall be used to pay for:

The Fund may pay for the administrative costs of the Fund.

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 and the Comptroller shall account for the Fund.

The Comptroller shall make payments from the Fund that the Board approves.

The Fund shall be invested and reinvested in the same manner as other State funds.

Any investment earnings shall be credited to the Fund.

adopt regulations for the administration and award of grants under Part II of this subtitle; and

submit all approved grant applications to the Board.

approve each grant application received by the Governor’s Office of Crime Prevention and Policy before any money is released from the Fund;

ensure that the money obtained from unclaimed restitution under § 17–317(a)(3)(i) of the Commercial Law Article is used for annual grants to provide legal counsel to victims of crimes and delinquent acts to protect the victims’ rights as provided by law; and

ensure that grants to child advocacy centers established under § 11–923(h) of this subtitle shall:

lack necessary counseling and follow–up services; and

in some parts of the State, have only the help of extremely limited support services.

The Governor’s Office of Crime Prevention and Policy shall help establish sexual assault crisis programs in the State.

The programs shall be developed and located to facilitate their use by alleged victims residing in surrounding areas.

The programs shall:

Money for the sexual assault crisis programs 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.

Except as provided in paragraph (3) of this subsection, in each fiscal year the Governor shall include in the annual budget bill an appropriation of not less than $3,000,000 for the federally recognized State sexual assault coalition and sexual assault crisis programs funded under this section.

In each fiscal year beginning with fiscal year 2019, the Governor shall include in the annual budget bill submitted to the General Assembly a General Fund appropriation for sexual assault crisis programs funded under this section in an amount not less than the appropriation made for the sexual assault crisis programs in the immediately preceding fiscal year, increased by not less than the percentage by which the projected total General Fund revenues for the upcoming fiscal year exceed the revised estimate of total General Fund revenues submitted by the Board of Revenue Estimates to the Governor under § 6–106(b) of the State Finance and Procurement Article.

An appropriation made under this subsection shall be allocated as follows:

the Medical and Chirurgical Faculty of the State of Maryland; and

the State’s Attorney in the subdivision where the sexual assault occurred.

A police officer, sheriff, or deputy sheriff who receives a report of an alleged sexual assault shall offer the alleged victim the opportunity to be taken immediately to the nearest facility.

The offer shall be made without regard for the place of the alleged sexual assault or where it is reported.

In this section the following words have the meanings indicated.

“Child advocacy center” has the meaning stated in § 13–2201 of the Health – General Article.

“Hospital” has the meaning stated in § 19–301 of the Health – General Article.

“Qualified health care provider” has the meaning stated in § 11–1007 of this article.

contact information for the investigating law enforcement agency that the victim may contact about the status and results of the kit analysis; and

written information describing the laws and policies governing the testing, preservation, and disposal of a sexual assault evidence collection kit.

information about the status of the kit analysis; and

all available results of the kit analysis except results that would impede or compromise an ongoing investigation.

A sexual assault evidence collection kit or a self–administered sexual assault evidence collection kit shall be transferred to a law enforcement agency:

Except as provided in paragraph (3) of this subsection, within 75 years after the evidence is collected, a law enforcement agency may not destroy or dispose of:

A law enforcement agency is not required to comply with the requirements in paragraph (2) of this subsection if:

On written request by the victim from whom the evidence was collected, a law enforcement agency with custody of a sexual assault evidence collection kit or other crime scene evidence relating to a sexual assault shall:

there is clear evidence disproving the allegation of sexual assault;

the facts alleged, if true, could not be interpreted to violate a provision of Title 3, Subtitle 2, Title 3, Subtitle 3, Title 3, Subtitle 6, or Title 11, Subtitle 3 of the Criminal Law Article;

the victim from whom the evidence was collected declines to give consent for analysis; or

the suspect’s profile has been collected for entry as a convicted offender for a qualifying offense in the Combined DNA Index System (CODIS) maintained by the Federal Bureau of Investigation and the suspect has pleaded guilty to the offense that led to the sexual assault evidence collection kit.

If a victim of sexual assault wishes to remain anonymous and not file a criminal complaint, the victim shall be informed that the victim may file a criminal complaint at a future time.

If a provision of subsection (e) of this section is determined to be satisfied after the submission of the victim’s sexual assault evidence collection kit for analysis, testing may be terminated or not initiated.

submit the kit and all requested associated reference standards to a forensic laboratory for analysis within 30 days of receipt of the kit and all requested associated reference standards; and

make use of certified sexual assault crisis programs or other qualified community–based sexual assault victim service organizations that can provide services and support to survivors of sexual assault.

Forensic laboratories shall report annually to the Maryland Sexual Assault Evidence Kit Policy and Funding Committee regarding the duration required to complete testing, beginning with receipt of the kit until a report is prepared, of each sexual assault evidence collection kit.

The eligible results of an analysis of a sexual assault evidence collection kit shall be entered into CODIS.

The DNA collected from a victim under this section may not be used for any purpose except as authorized by this section.

Any agreement, condition of access or use, or policy that limits or waives any substantive or procedural right or remedy to a claim against any person who provides a victim or another person with any service, product, information, or other means to collect evidence of a sexual assault is null and void as being against the public policy of the State.

Any disclaimer of any warranties, express or implied, of merchantability, fitness for a particular purpose, or noninfringement regarding any service, product, information, or other means to collect evidence of a sexual assault is null and void as being against the public policy of the State.

The Governor’s Office of Crime Prevention and Policy shall establish and administer a reporting program for tracking the location, status, and chain of custody for sexual assault evidence collection kits.

The reporting program shall:

Subject to paragraph (2) of this subsection, beginning October 1, 2023, a law enforcement agency or any person, including a health care provider, forensic laboratory, or State’s Attorney, that has control or possession of a sexual assault evidence collection kit shall:

A law enforcement agency or a person, including a health care provider, forensic laboratory, or State’s Attorney, that had control or possession of a sexual assault evidence collection kit before October 1, 2023, and has control or possession of the sexual assault evidence collection kit on or after October 1, 2023, shall report location, status, and chain of custody information to the reporting program established under this section on or before March 31, 2026.

The Governor’s Office of Crime Prevention and Policy, in consultation with the Maryland Sexual Assault Evidence Kit Policy and Funding Committee, shall adopt any regulations necessary to carry out this section.

Regulations adopted by the Governor’s Office of Crime Prevention and Policy in accordance with this section shall include:

there is a lack of consistent policies regarding sexual assault evidence collection in the State;

effective policies regarding collection of medical forensic evidence are an important component of providing sexual assault victims with access to justice and of holding the perpetrators of sexual assaults accountable;

sexual assault evidence collection exams are unavailable at many hospitals;

there is a shortage of forensic nurse examiners qualified to perform sexual assault evidence collection;

law enforcement agencies lack a uniform approach for testing and retaining sexual assault evidence kits;

hospitals, law enforcement agencies, and others in the justice system lack the resources and funding necessary to ensure consistency in sexual assault evidence collection; and

policies regarding sexual assault evidence collection are part of the justice system and require coordination with multiple State agencies and victim services providers.

provide for a statewide sexual assault evidence kit policy and funding committee to increase access to justice for sexual assault victims;

hold the perpetrators of sexual assault accountable;

increase availability of sexual assault evidence collection exams; and

create effective statewide policies regarding the collection, testing, and retention of medical forensic evidence in sexual assault cases.

There is a Maryland Sexual Assault Evidence Kit Policy and Funding Committee.

The Committee consists of the following members:

The Attorney General, or the Attorney General’s designee, is the Committee chair.

A member of the Committee:

A majority of the authorized membership of the Committee is a quorum.

The Committee shall develop and disseminate best practices information and recommendations regarding:

The Committee may adopt rules governing the administration and proceedings of the Committee.

The Committee shall evaluate State and local funding needs to determine whether funding allocations are sufficient and appropriate to implement the best practices developed by the Committee under subsection (e) of this section and the regulations adopted by the Attorney General under subsection (f) of this section.

The Committee’s evaluation under this subsection shall include considerations of whether the costs associated with hospital personnel training and the availability of sexual assault examinations may be included as part of a hospital’s required community benefit.

employ a full–time Assistant Attorney General to:

operate and maintain an office.

may be based in private nonprofit organizations, local departments of social services, local law enforcement agencies, or a partnership among any of these entities;

shall be developed and located to facilitate their use by alleged victims residing in the surrounding areas;

shall assist in the response to or investigation of allegations of sexual crimes against children under Title 3, Subtitle 3 of the Criminal Law Article and sexual abuse of minors under Title 3, Subtitle 6 of the Criminal Law Article and Title 5, Subtitle 7 of the Family Law Article;

may assist in the response to or investigation of allegations of child abuse and neglect under Title 3, Subtitle 6 of the Criminal Law Article and Title 5, Subtitle 7 of the Family Law Article and allegations of a crime of violence in the presence of a minor under § 3–601.1 of the Criminal Law Article;

shall provide a level of care that meets or exceeds the national accreditation standards for child advocacy centers established by the Maryland Statewide Organization for Child Advocacy Centers under subsection (d) of this section; and

shall be included in all joint investigation procedures developed in accordance with § 5–706 of the Family Law Article.

The Governor’s Office of Crime Prevention and Policy shall contract with a nonprofit organization that is qualified under § 501(c)(3) of the Internal Revenue Code and represents urban, rural, and suburban child advocacy centers in the State to establish a Maryland Statewide Organization for Child Advocacy Centers.

The purpose of the Maryland Statewide Organization for Child Advocacy Centers is to provide training, technical assistance, data collection, and capacity building to meet local, State, and national requirements for child advocacy centers.

The Maryland Statewide Organization for Child Advocacy Centers shall establish standards for child advocacy centers in the State that meet national accreditation standards for child advocacy centers and shall include:

shall be distributed to child advocacy centers in accordance with a formula agreed on by the Maryland Statewide Organization for Child Advocacy Centers and the Governor’s Office of Crime Prevention and Policy;

shall be used to supplement, not supplant, money that the program receives from other sources; and

may be used to assist child advocacy centers in meeting the standards under subsection (d) of this section.

In this section the following words have the meanings indicated.

“Law enforcement agency” has the meaning stated in § 3–201(d) of the Public Safety Article.

“Sexually assaultive behavior” has the meaning stated in § 10–923 of the Courts Article.

“Victim” means any person suspected to have been subjected to sexually assaultive behavior or who claims to have been subjected to sexually assaultive behavior.

relieve the law enforcement agency of an obligation to the victim;

preclude or define the scope of an investigation by the law enforcement agency into an act allegedly committed against the victim;

prevent or limit a prosecution of an act allegedly committed against the victim; or

limit a private right of action of the victim pertaining to an act allegedly committed against the victim or the victim’s interaction with the law enforcement agency.

thoroughly document the request; and

follow up with the victim in accordance with practices recommended by the Maryland Police Training and Standards Commission.

On or before January 1, 2021, each law enforcement agency in the State shall adopt a policy to enforce the provisions of this section.

On or before January 15, 2021, each law enforcement agency shall provide a copy of the policy required under this subsection to the Maryland Sexual Assault Evidence Kit Policy and Funding Committee.

a State or local law enforcement agency;

a State’s Attorney or deputy or assistant State’s Attorney;

any other authority that has responsibility for the detection, investigation, or prosecution of a qualifying crime or criminal activity; or

an agency that has criminal, civil, family, or administrative detection, investigative, or prosecutorial jurisdiction in the agency’s respective areas of expertise, including child protective services, adult protective services, the Commission on Civil Rights, and the Maryland Department of Labor.

the head of a certifying entity;

an individual in a supervisory role who has been specifically designated by the head of a certifying entity to provide U Nonimmigrant Status certifications on behalf of that entity; or

any other certifying official defined under Title 8, § 214.14(a)(3)(i) of the Code of Federal Regulations.

For purposes of filing a petition with the United States Citizenship and Immigration Services for U Nonimmigrant Status, a victim or the victim’s parent, guardian, next friend, attorney, victim advocate, or other representative may request a certifying official of a certifying entity to certify victim helpfulness on a Form I–918, Supplement B certification if the victim:

specific details about the nature of the crime detected, investigated, or prosecuted;

a detailed description of the victim’s past or present helpfulness or likely helpfulness to the detection, investigation, or prosecution of the criminal activity; and

copies of any documents in the possession of the certifying official that evince the harm endured by the victim due to the criminal activity.

Except as provided in paragraph (2) of this subsection, the certifying entity shall certify or decline certification of the Form I–918, Supplement B certification within 45 days after receiving a request under subsection (a) of this section.

If a noncitizen victim is the subject of removal, exclusion, or deportation proceedings or subject to a final order of removal, exclusion, or deportation, the certifying entity shall certify or decline certification of the Form I–918, Supplement B certification within 7 days after receiving a request under subsection (a) of this section.

Notwithstanding any other provision of this section, a certifying official’s completion of a certification form may not be considered sufficient evidence that an applicant for U Nonimmigrant Status has met all eligibility requirements for that status, and completion of a certification form by a certifying official may not be construed to guarantee that the victim will receive immigration relief under federal law.

Completion of a certification form by a certifying official only serves as verification of the factual information relevant for a federal immigration official to determine eligibility for U Nonimmigrant Status.

By completing a certification form, the certifying official attests that the information is true and correct to the best of the certifying official’s knowledge.

This section does not limit the manner in which a certifying official or certifying agency may:

to comply with federal law, a court order, or a discovery obligation in the prosecution of a criminal offense; or

if applicable, after the victim has waived confidentiality protections under the Violence Against Women Act under 34 U.S.C. § 12291(b)(2).

The Governor’s Office of Crime Prevention and Policy shall help support programs providing services for victims of crime throughout the State.

The victim services programs shall be developed and located to facilitate their use by alleged victims residing in surrounding areas.

The Governor’s Office of Crime Prevention and Policy may award grants to public or private nonprofit organizations to operate the victim services programs.

Except as provided in paragraph (3) of this subsection, the programs shall provide services to victims of crime as authorized by the federal Victims of Crime Act and related regulations.

The Governor’s Office of Crime Prevention and Policy:

the federally recognized State sexual assault coalition;

the federally recognized State domestic violence coalition;

the State alliance of child advocacy centers;

State’s Attorneys’ offices;

health care providers assisting victims of crime;

civil legal services organizations assisting victims of crime; and

representatives of organizations providing services to survivors of child abuse, elder abuse, human trafficking, homicide, or other victims of crime.

Money for the victim services programs 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.

In each fiscal year, the Governor shall include in the annual budget bill an appropriation that, together with the amount received under the federal Victims of Crime Act in the prior year, totals an aggregate $60,000,000 for the victim services programs funded under this section.