HARRY HUGHES, Governor

85

Article 26A - Criminal Injuries Compensation Act

12.

(b) Any award made pursuant to this article shall be
made in accordance with the schedule of benefits and degree
of disability as specified in Article 101, § 36 (as it
existed on July 1, 1974), § 37, and other applicable
sections[,] of the Code, excluding § 66 entitled "Subsequent
Injury Fund." However, the term "average weekly wages" as
applied to determine the award in accordance with § 36 of
Article 101, does not include tips, gratuities and wages
that are undeclared on the claimant's State or federal
income tax returns in the applicable years. If a claimant
does not have "average weekly wages" so as to qualify under
the formula in § 36 of Article 101, the award shall be in an
amount equal to the arithmetic average between the maximum
and minimum awards listed in the applicable portion of that
section.

Article 27 - Crimes and Punishments

641A.

(a) Upon entering a judgment of conviction, the court
having jurisdiction may suspend the imposition or execution
of sentence and place the defendant on probation upon such
terms and conditions as the court deems proper. The court
may impose a sentence for a specified period and provide
that a lesser period be served in confinement, suspend the
remainder of the sentence and grant probation for a period
longer than the sentence but not in excess of [five] 5
years[, however]. HOWEVER, if the defendant consents in
writing, the court may grant probation in excess of 5 years,
but only for purposes of making restitution.

(B) Probation may be granted whether the offense is
punishable by fine or imprisonment or both. If the offense
is punishable by both fine and imprisonment, the court may
impose a fine and place the defendant on probation as to the
imprisonment. Probation may be limited to one or more
counts or indictments, but, in the absence of express
limitation, shall extend to the entire sentence and
judgment. The court may revoke or modify any condition of
probation or may reduce the period of probation.

681.

As used in this [section] SUBHEADING, unless the
context otherwise requires:

(1) "Commissioner" means the Commissioner of the
Division of Correction.