Home Table of Contents

§ 11-623. Determinations by Attorney General

West's Annotated Code of MarylandCriminal Procedure

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 11. Victims and Witnesses (Refs & Annos)
Subtitle 6. Restitution and Other Payments (Refs & Annos)
Part II. Notoriety of Crimes Contracts (Refs & Annos)
MD Code, Criminal Procedure, § 11-623
§ 11-623. Determinations by Attorney General
Currentness
Notice of receipt
(a) On receipt of a submission under § 11-622 of Part II of this subtitle, the Attorney General shall mail notice of the receipt to each victim or victim's representative at the last known address of the victim or victim's representative.
Notoriety of crimes contract determination
(b) The Attorney General shall decide whether a contract is a notoriety of crimes contract:
(1) after 30 days but before 180 days following receipt of the submission under § 11-622 of Part II of this subtitle; or
(2) after 180 days, for cause.
Presumption that contract a notoriety of crimes contract
(c)(1) For a decision under this section, there is a rebuttable presumption that the contract is a notoriety of crimes contract.
(2) The defendant or defendant's assignee may rebut this presumption by establishing to the satisfaction of the Attorney General that the subject matter of the contract only tangentially or incidentally relates to the crime.
Notice of decisions
(d) The Attorney General:
(1) shall notify the defendant or defendant's assignee and the victim or victim's representative of the decision under this section; and
(2) may not disburse money collected under § 11-622 of Part II of this subtitle until 60 days after the defendant or defendant's assignee and the victim or victim's representative have been notified of the decision.
Appeals
(e)(1) The decision of the Attorney General under this section is a final decision and may be appealed by a defendant or defendant's assignee or a victim or victim's representative only in accordance with § 11-630 of Part II of this subtitle and within 60 days after receiving notice of the decision.
(2) If the decision is appealed, the Attorney General shall keep any money collected in escrow until the Attorney General receives a final order of the court.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001.
Formerly Art. 27, § 854.
MD Code, Criminal Procedure, § 11-623, MD CRIM PROC § 11-623
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document