WILLIAM DONALD SCHAEFER, Governor Ch. 165

(I)  THE CHARGES AGAINST THE DEFENDANT ARE
DISMISSED OR IF A NOLLE PROSEQUI IS ENTERED;

(II)  THE DEFENDANT IS ACQUITTED;

(III)  THE DEFENDANT IS FOUND TO BE INCOMPETENT
TO STAND TRIAL UNDER § 12-105 OF THE HEALTH - GENERAL ARTICLE AND
AT LEAST 5 YEARS HAVE ELAPSED FROM THAT FINDING WITHOUT A FURTHER
DISPOSITION OF THE CHARGE; OR

(IV)  THE CHARGES AGAINST THE DEFENDANT ARE
PLACED ON THE STET DOCKET AND A PERIOD OF AT LEAST 3 YEARS HAVE
ELAPSED.

(4) NOTWITHSTANDING SUBSECTION (L) OF THIS SECTION,
IF A DEFENDANT WAS CONVICTED BEFORE JULY 1, 1987 OR VOLUNTARILY
AND INTELLIGENTLY ADMITTED TO THE COMMISSION OF A CRIME FOR WHICH
THE DEFENDANT IS NOT PROSECUTED, THE ATTORNEY GENERAL SHALL PAY
OVER TO THE DEFENDANT:

(I) ALL OF THE FUNDS FROM THE ESCROW ACCOUNT IF
AT LEAST 5 YEARS HAVE ELAPSED FROM THE ESTABLISHMENT OF THE
ESCROW ACCOUNT AND NO ACTION BY THE VICTIM IS PENDING AGAINST THE
DEFENDANT; OR

(II) ANY MONEY REMAINING IN THE ESCROW ACCOUNT
AFTER PAYMENT OF THE CLAIMS DESCRIBED IN SUBSECTION (I) OF THIS
SECTION.

(F) (1) THE ATTORNEY GENERAL SHALL MAKE PAYMENTS TO THE
DEFENDANT FROM THE ESCROW ACCOUNT ON ORDER OF A COURT OF
COMPETENT JURISDICTION THAT THE DEFENDANT HAS SHOWN THAT THE
FUNDS WILL BE USED FOR THE PURPOSE OF RETAINING LEGAL COUNSEL AT
ANY STAGE OF THE PROCEEDINGS OF THE CRIMINAL CHARGES, INCLUDING
THE APPEALS PROCESS.

(2)  AFTER NOTICE TO THE VICTIMS OF THE CRIME, THE
ATTORNEY GENERAL MAY SHALL MAKE PAYMENTS FROM THE ESCROW ACCOUNT
TO A REPRESENTATIVE OF A DEFENDANT FOR THE NECESSARY EXPENSES OF
PRODUCTION OF THE MONEYS PAID INTO THE ESCROW ACCOUNT IF THE
ATTORNEY GENERAL FINDS THAT THE PAYMENTS ARE IN THE BEST
INTERESTS OF THE VICTIMS OF THE CRIME NECESSARY AND ARE NOT
CONTRARY TO PUBLIC POLICY.

(3) THE ATTORNEY GENERAL MAY MAKE PAYMENTS FROM THE
ESCROW ACCOUNT FOR THE COSTS OF ANY LEGAL NOTICES REQUIRED UNDER
SUBSECTION (E)(2((II) OF THIS SECTION.

(3) (4) THE TOTAL OF ALL PAYMENTS MADE FROM THE
ESCROW ACCOUNT UNDER THIS SUBSECTION MAY NOT EXCEED 25 PERCENT OF
THE TOTAL PAYMENTS INTO THE ESCROW ACCOUNT AND AVAILABLE TO
SATISFY JUDGMENTS OBTAINED BY THE VICTIMS OF CRIME.

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