In Part I of this subtitle the following words have the meanings indicated. “Fund” means the Victim and Witness Protection and Relocation Fund. “Program” means the Victim and Witness Protection and Relocation Program.

There is a Victim and Witness Protection and Relocation Program.

The State’s Attorneys’ Coordinator shall carry out the Program in accordance with regulations that the State’s Attorneys’ Coordination Council adopts under § 15–205 of this article.

Money appropriated to the Program shall be used: 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. To the extent possible, the Program shall be used to maximize the use of federal matching funds or programs. Expenditures under this section shall be made in accordance with the State budget.

There is a Victim and Witness Protection and Relocation Fund. The Fund shall be used to pay for 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. This section does not prohibit the Fund from receiving money from any source.

Both the Program and the Fund are subject to an audit by the Office of Legislative Audits under § 2-1220 of the State Government Article.

In Part II of this subtitle the following words have the meanings indicated. “Board” means the State Board of Victim Services. “Crime” means conduct that is a crime under: common law; § 109 of the Code of Public Local Laws of Caroline County; § 4-103 of the Code of Public Local Laws of Carroll 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. “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy. “Fund” means the State Victims of Crime Fund. “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.

There is a State Board of Victim Services in the Governor’s Office of Crime Prevention and Policy.

The Board consists of the following 22 members: as ex officio members: the Governor or the Governor’s designee; the Attorney General or the Attorney General’s designee; the chairman of the Maryland Criminal Injuries Compensation Board; the Secretary of Human Services or the Secretary’s designee; the Secretary of Juvenile Services or the Secretary’s designee; the Secretary of Public Safety and Correctional Services or the Secretary’s designee; and the Executive Director or the Executive Director’s designee; 14 persons appointed by the Governor as follows: two State’s Attorneys, recommended by the Attorney General; six members of the public, recommended by the Executive Director; four professional victim service providers, recommended by the Executive Director; one representative of the Maryland Chiefs of Police; and one representative of the Maryland State Sheriffs’ Association; and 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. The Governor may remove a member for incompetence or misconduct. The Governor or the Governor’s designee shall serve as chairman.

A majority of the members then serving on the Board is a quorum. The Board sets the times and places of its meetings. A member of the Board: 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.

Subject to the authority of the Executive Director, the Board shall: submit to the Governor an annual written report of its activities, including its administration of the Fund; monitor the service needs of victims; advise the Governor on the needs of victims; recommend the appointment of the Victim Services Coordinator to the Executive Director; review and approve the Victim Services Coordinator’s plans and annual reports, and the Victim Services Coordinator’s implementation, operation, and revision of programs; approve or disapprove each grant application submitted by the Governor’s Office of Crime Prevention and Policy; advise the State’s Attorneys’ Coordination Council on the adoption of regulations governing the administration of the Victim and Witness Protection and Relocation Program established under § 11–902 of this subtitle; advise the State’s Attorneys’ Coordinator on the administration of the Victim and Witness Protection and Relocation Program; 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: one pamphlet relating to the MDEC system protocol registration process and the time before and after the filing of a charging document other than an indictment or information in circuit court; and a second pamphlet relating to the time after the filing of an indictment or information in circuit court; and 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 develop a notification request form and an MDEC system protocol in consultation with the Administrative Office of the Courts, through which a victim or victim’s representative may request to be notified under § 11–104 of this title.

The Executive Director shall appoint a Victim Services Coordinator. Subject to the authority of the Executive Director, the Victim Services Coordinator shall: 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 Victim Services Coordinator is entitled to compensation as provided in the State budget.

There is a State Victims of Crime Fund. The Fund shall be used to pay for: carrying out Article 47 of the Maryland Declaration of Rights; carrying out the guidelines for the treatment and assistance for victims and witnesses of crimes and delinquent acts provided in §§ 11–1002 and 11–1003 of this title; carrying out any laws enacted to benefit victims and witnesses of crimes and delinquent acts; and supporting child advocacy centers established under § 11–923(h) of this subtitle. The Fund may pay for the administrative costs of the Fund. The Board shall administer the Fund. Grants awarded by the Board shall be equitably distributed among all purposes of the Fund described in subsection (b) of this section.

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. This section does not prohibit the Fund from receiving money from any source.

The Fund is subject to an audit by the Office of Legislative Audits under § 2-1220 of the State Government Article. Disbursements from the Fund shall supplement and may not be a substitute for any State, local government, or other funds existing on July 1, 1991, for assistance to crime victims or witnesses.

There is a grant program. The Governor’s Office of Crime Prevention and Policy shall: adopt regulations for the administration and award of grants under Part II of this subtitle; and submit all approved grant applications to the Board. The Board shall: 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: support the development and operation of child advocacy centers; and supplement and not supplant money that the child advocacy centers receive from other sources.

In this part, “sexual assault” means rape or a sexual offense in any degree that is specified in §§ 3–303 through 3–310, § 3–314, or § 3–315 of the Criminal Law Article.

The General Assembly finds that an increasing number of sexual assault offense victims in the State: lack necessary counseling and follow–up services; and in some parts of the State, have only the help of extremely limited support services. The purpose of this section is to provide for sexual assault crisis programs that address the special needs of sexual assault victims. 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: provide specialized support services to adult and minor alleged victims of sexual assault crimes; include a hotline and counseling service; provide information to alleged victims of sexual assault crimes regarding: criminal prosecutions of sexual assault crimes; civil law remedies available to victims of sexual assault; sexual assault evidence collection; and victim rights; and participate in the sexual assault response team in each county in which the program regularly provides services. The Governor’s Office of Crime Prevention and Policy may award grants to public or private nonprofit organizations to operate the sexual assault crisis programs certified by the federally recognized State sexual assault coalition. The Governor’s Office of Crime Prevention and Policy shall regularly consult, collaborate with, and consider the recommendations of the federally recognized State sexual assault coalition regarding sexual assault crisis programs and policies, practices, and procedures that impact victims of sexual assault. 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. If a federally recognized State sexual assault coalition and sexual assault crisis program receive a new award of funds under the federal Victims of Crime Act for a purpose for which funds are appropriated under paragraphs (2) and (3) of this subsection, the Governor may reduce the appropriation required under paragraphs (2) and (3) of this subsection by the amount received under the federal Victims of Crime Act. The reduction authorized under this paragraph may not exceed 40% of the appropriation required under paragraphs (2) and (3) of this subsection. The Governor may not reduce the appropriation under this paragraph if the funds received under the federal Victims of Crime Act have been awarded on or before June 1, 2017, or are awarded for continuation of services previously funded by the federal Victims of Crime Act. An appropriation made under this subsection shall be allocated as follows: at least $100,000 to the federally recognized State sexual assault coalition; at least $100,000 to each of the sexual assault crisis programs provided for in subsection (d) of this section; and the balance of the appropriation to be distributed to the sexual assault crisis programs provided for in subsection (d) of this section with each sexual assault crisis program receiving a proportionate share relative to the number of individuals who reside in the geographic area regularly served by the sexual assault crisis program. The Executive Director of the Governor’s Office of Crime Prevention and Policy shall include a report on the sexual assault crisis programs 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.

The nearest facility to which a victim of sexual assault may be taken shall be designated by the Maryland Department of Health in cooperation with: 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.

Applicable health care services shall be given without charge to a victim of sexual abuse, as provided under § 11–1007 of this title.

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. “Sexual assault evidence collection kit” means physical evidence collected: by a qualified health care provider; from the body or clothing of a living or deceased person; following an allegation or suspicion of sexual assault; and for the purpose of preserving the physical evidence. “Sexual assault evidence collection kit” does not include a self–administered sexual assault evidence collection kit. A qualified health care provider that performs a sexual assault evidence collection kit exam on a victim of sexual assault shall provide the victim with: 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. An investigating law enforcement agency that receives a sexual assault evidence collection kit, within 30 days after a request by the victim from whom the evidence was collected, shall provide the victim with: 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: by a hospital or a child advocacy center within 30 days after the exam is performed; or by a government agency in possession of a kit, unless the agency is otherwise required to retain the kit by law or court rule. 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 sexual assault evidence collection kit; or other crime scene evidence relating to a sexual assault that has been identified by the State’s Attorney as relevant to prosecution. A law enforcement agency is not required to comply with the requirements in paragraph (2) of this subsection if: the case for which the evidence was collected resulted in a conviction and the sentence has been completed; or all suspects identified by testing a sexual assault evidence collection kit are deceased. 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: notify the victim no later than 60 days before the date of intended destruction or disposal of the evidence; or retain the evidence for 12 months longer than the time period specified in paragraph (2) of this subsection or for a time period agreed to by the victim and the law enforcement agency. A sexual assault evidence collection kit shall be submitted to a forensic laboratory for analysis unless: 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. Except as provided in subsection (e) of this section, an investigating law enforcement agency that receives a sexual assault evidence collection kit shall: 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. A forensic laboratory that receives a sexual assault evidence collection kit and all requested associated reference standards for analysis shall determine suitability and complete screening, testing, and analysis in a timely manner. Failure to complete the screening, testing, and analysis in a timely manner as required in subparagraph (i) of this paragraph may not constitute the basis for excluding the analysis or results as evidence in a criminal proceeding. 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 Attorney General shall adopt regulations for uniform statewide implementation of this section.

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: track the location, status, and chain of custody of sexual assault evidence collection kits in the State; receive information relating to the location, status, and chain of custody from any law enforcement agency or person with control or possession of a sexual assault evidence collection kit; and allow for a victim or a victim’s representative to track the location, status, and chain of custody of a sexual assault evidence collection kit containing samples taken from the victim. Information contained in the reporting system is not open to public inspection. The Governor’s Office of Crime Prevention and Policy may disclose information contained in the reporting system only to: the victim about whom the information pertains; a victim’s representative for the victim about whom the information pertains; a sexual assault crisis program established under § 11–923 of this subtitle; a child advocacy center established under § 11–928 of this subtitle; a law enforcement agency; a State’s Attorney; a person authorized by the Governor’s Office of Crime Prevention and Policy to receive the information; or a person entitled to receive the information by federal or State law, subpoena, court rule, or court order. 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: report location, status, and chain of custody information to the reporting program established under this section in a manner required by the Governor’s Office of Crime Prevention and Policy; and comply with all regulations developed by the Governor’s Office of Crime Prevention and Policy under this section. 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: requirements for reporting the location and chain of custody of a sexual assault evidence collection kit to the program established by the Governor’s Office of Crime Prevention and Policy under this section; and procedures for disclosing information about sexual assault evidence collection kits included in the reporting program, including disclosure to parties authorized to receive information contained in the reporting system.

In this section, “Committee” means the Maryland Sexual Assault Evidence Kit Policy and Funding Committee. The General Assembly finds that: 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. The purposes of this section are to: 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 following members of the Senate of Maryland, appointed by the President of the Senate, as ex officio members: one member of the Senate Budget and Taxation Committee; and one member of the Senate Judicial Proceedings Committee; the following members of the House of Delegates, appointed by the Speaker of the House, as ex officio members: one member of the House Appropriations Committee; and one member of the House Judiciary Committee; the Attorney General, or the Attorney General’s designee; the Superintendent of the State Police, or the Superintendent’s designee; the Secretary of Human Services, or the Secretary’s designee who has expertise in responding to child sexual abuse; the Secretary of Health, or the Secretary’s designee who has expertise in the procurement of sexual assault evidence kits; the Executive Director of the Criminal Injuries Compensation Board, or the Executive Director’s designee; the following members appointed by the Attorney General: one representative of the Maryland State’s Attorneys’ Association; the Executive Director of the Maryland Coalition Against Sexual Assault, or the Executive Director’s designee; one representative of the Maryland Association of Chiefs of Police; one representative of a legal services program or agency that works primarily to represent sexual assault victims; one forensic nurse examiner who works in a county in which there is more than one hospital; and one representative of a crime lab who has expertise in sexual assault forensic evidence kit analysis; and the following members appointed by the Governor: one representative of the State Board of Nursing who has expertise in forensic nursing; and one representative of the Governor’s Office of Crime Prevention and Policy. The Attorney General, or the Attorney General’s designee, is the Committee chair. A member of the Committee: may not receive compensation as a member of the Committee; but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. The term of an appointed member of the Committee is 4 years. The terms of the appointed members are staggered as required by the terms provided for members of the Committee on June 1, 2017. 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. A majority of the authorized membership of the Committee is a quorum. The Committee shall meet quarterly at the times and places that the Committee determines. The Committee may hold additional meetings at the call of the Committee chair or any six members of the Committee after giving proper notice in the manner provided in the rules of the Committee. The Committee shall develop and disseminate best practices information and recommendations regarding: the testing and retention of sexual assault evidence collection kits; coordination between State agencies, victim services providers, local law enforcement, and local sexual assault response teams; payment for sexual assault evidence collection kits; increasing the availability of sexual assault evidence collection exams for alleged victims of sexual assault; reducing the shortage of forensic nurse examiners; increasing the availability of information to sexual assault victims regarding: criminal prosecutions of sexual assault crimes; civil law remedies available to victims of sexual assault; sexual assault evidence collection kits; and victim rights; creating and operating a statewide sexual assault evidence collection kit tracking system that is accessible to victims of sexual assault and law enforcement; and establishing an independent process to review and make recommendations regarding a decision of a law enforcement agency not to test a sexual assault evidence collection kit. The Committee may adopt rules governing the administration and proceedings of the Committee. The Attorney General, in consultation with the Committee, shall adopt regulations based on the Committee’s recommendations providing for the collection, testing, and retention of sexual assault evidence collection kits in the State. 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. In fiscal year 2018 and in each fiscal year thereafter, the Governor shall include funds in the State budget to implement this section, including funds to: employ a full–time Assistant Attorney General to: staff the Committee; and assist with the implementation of regulations adopted under this section; and operate and maintain an office. On or before January 1 annually, beginning January 1, 2019, the Committee shall report on the Committee’s activities during the prior fiscal year to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

The Governor’s Office of Crime Prevention and Policy shall establish and sustain child advocacy centers in the State and ensure that every child in the State has access to a child advocacy center. The child advocacy centers: 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 may contract with public or private nonprofit organizations to operate child advocacy centers. 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: multidisciplinary teams that include representation from law enforcement, prosecutors, child protective services, the medical and mental health fields, and victim advocacy; cultural competency and diversity; forensic interviews that are neutral, fact–finding, and avoid duplicative interviewing; victim support and advocacy for children and caregivers, including appropriate counseling, legal, and medical services or referrals; medical evaluations; mental health services; a formal case review process; a case tracking, monitoring, and outcomes process; organizational capacity; creating a child–focused setting that is comfortable, safe, and private; and any additional necessary standards. Money for child advocacy centers: 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. On or before June 1 each year, the Governor’s Office of Crime Prevention and Policy shall submit an annual report, in accordance with § 2–1257 of the State Government Article, on child advocacy centers to the General Assembly.

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. In an interaction with a victim, a law enforcement agency may not present to the victim a form or make a request for verbal acknowledgement purporting to: 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. If a victim requests that the scope of an investigation be limited or that an investigation be temporarily or permanently suspended, the law enforcement agency shall: thoroughly document the request; and follow up with the victim in accordance with practices recommended by the Maryland Police Training and Standards Commission. If a law enforcement agency violates this section, an affected victim may bring an action seeking injunctive or declaratory relief. 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.

In this part the following words have the meanings indicated. “Certifying entity” means: 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. “Certifying official” means: 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. “Federal U Nonimmigrant Status Petition guidelines” means federal statutes, regulations, policies, publications, guidance, and instructions relating to U Nonimmigrant Status, including 8 U.S.C. § 1101(a)(15)(U), 8 U.S.C. § 1184(p), 8 U.S.C. § 1367, 72 Fed. Reg. 53014 (Sept. 17, 2007), 8 C.F.R. § 214.14, 8 C.F.R. § 245.24, and 8 U.S.C. § 1255(m)(1). “Qualifying crime” includes a criminal offense for which the nature and elements of the offense are substantially similar to the criminal activity described in subsection (f) of this section and the attempt, conspiracy, or solicitation to commit the offense. “Qualifying criminal activity” means criminal activity under § 1101(a)(15)(U)(iii) of the United States Code or that is described in federal U Nonimmigrant Status Petition guidelines.

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: was a victim of a qualifying criminal activity and has been helpful, is being helpful, or is likely to be helpful in the detection, investigation, or prosecution of that qualifying criminal activity; was under the age of 16 years on the date that an act that constitutes an element of qualifying criminal activity first occurred and the victim’s parent, guardian, or next friend has been helpful to the certifying entity in the detection, investigation, or prosecution of that qualifying criminal activity; or is incapacitated or incompetent and the victim’s parent, guardian, or next friend has been helpful to the certifying entity in the detection, investigation, or prosecution of that qualifying criminal activity. A victim of a qualifying crime or a qualifying criminal activity is eligible for certification. If a victim is applying for certification as a result of being a victim of more than one qualifying crime or qualifying criminal activity, each qualifying crime and qualifying criminal activity shall be listed on the certification. For purposes of determining helpfulness for a request for certification under subsection (a) of this section, an individual shall be considered helpful if, since the initiation of helpfulness, the individual has not unreasonably refused to cooperate or unreasonably failed to provide information and assistance reasonably requested by a certifying entity. For purposes of determining helpfulness under subsection (a) of this section, if the victim or the victim’s parent, guardian, or next friend is assisting, has assisted, or is likely to assist law enforcement authorities in the detection, investigation, or prosecution of qualifying criminal activity, the victim or the victim’s parent, guardian, or next friend shall be considered to be helpful, to have been helpful, or likely to be helpful. If the victim or the victim’s parent, guardian, or next friend satisfies the criteria specified under subsection (a) of this section, the certifying official shall fully complete and sign the Form I–918, Supplement B certification and, with respect to victim helpfulness, include: 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. A current investigation, the filing of charges, a prosecution, or a conviction is not required for a victim or the victim’s parent, guardian, next friend, attorney, victim advocate, or other representative to request and obtain the Form I–918, Supplement B certification under this section. There is no statute of limitations for when a qualifying criminal activity occurred relative to the request for certification of victim helpfulness under this section. If the certifying official cannot determine whether the applicant is a victim of a qualifying criminal activity or determines that the applicant does not qualify for certification, the certifying official shall provide a written explanation to the victim or the victim’s parent, guardian, next friend, attorney, victim advocate, or other representative setting forth reasons why the available evidence does not support issuance of the certification. A certifying official may deny or withdraw the certification provided under this section only if, after considering the totality of the circumstances, the person providing the helpfulness under subsection (a) of this section unreasonably refused to cooperate or unreasonably failed to provide information or assistance reasonably requested by a certifying official. 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: describe whether the person has been helpful, is being helpful, or is likely to be helpful to the certifying entity; or provide any additional information the certifying official or certifying entity believes might be relevant to the adjudication of a U Nonimmigrant Status Petition. A certifying entity shall develop protocols to assist petitioners who have limited English proficiency to proceed under this section.

A certifying entity or a certifying official may disclose information relating to a victim who is seeking certification, or who is seeking or has obtained U Nonimmigrant Status only: 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). This section may not be construed to alter or diminish the duties and requirements of a law enforcement officer, a State’s Attorney, or the Attorney General from disclosing exculpatory information to a defendant in a criminal case.

The purpose of this section is to provide for development, support, and continuity of victim services programs to provide trauma–informed, high–quality services for victims of crime and to stabilize funding and support for victim services programs by supplementing federal funding for victim services programs when federal Victims of Crime Act funding fluctuates. 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: may not require victim services programs to provide a match for State funds expended; and shall ensure that State funds awarded under this section: are administered in a unified process with federal Victims of Crime Act funds, with separate financial reporting as necessary to comply with federal and State regulations; may be used as a match for federal Victims of Crime Act funds; and may not be used for capital projects or capital programming of any kind. The Governor’s Office of Crime Prevention and Policy shall regularly consult, collaborate with, and consider the recommendations regarding allocation of funding from: 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. The Governor’s Office of Crime Prevention and Policy shall prioritize continuity and stability of crime victim services and equitable distribution of funding in every jurisdiction in the State. 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. On or before December 31 each year, the Executive Director of the Governor’s Office of Crime Prevention and Policy shall submit a report on all victim services programs and grantees and funds awarded under this section to the General Assembly, in accordance with § 2–1257 of the State Government Article.