Ch. 623

1996 LAWS OF MARYLAND

(e)     After examining the papers filed in support of the claim and the report of
investigation, and after a hearing, if any, the Board members to whom the claim was
assigned shall make a decision either granting an award pursuant to § 12 of this article or
deny the claim.

(f)     The] UPON COMPLETING THE REVIEW AND EVALUATION PROCESS ON
EACH CLAIM, THE Board [members making a decision] shall file with the Secretary a
written report setting forth the decision and the reasons therefor. After reviewing the
records, the Secretary shall modify, affirm, or reverse the decision of the Board
[ members]. The action of the Secretary in affirming, modifying, or reversing the decision
of the Board [ members] shall be final. The claimant shall be furnished with a copy of the
final report upon request.

11.

Notwithstanding the provisions of §§ 6 and 8 of this article, if it appears to the
Board [ members to whom a claim is assigned], prior to taking action upon the claim, that
(a) the claim is one with respect to which an award probably will be made, and (b) undue
hardship will result to the claimant if immediate payment is not made, the Board
[members] may make an emergency award to the claimant pending a final decision in
the case. However, (1) the amount of the emergency award shall not exceed $1,000, (2)
the amount of the emergency award shall be deducted from any final award made to the
claimant, and (3) the excess of the amount of the emergency award over the final award,
or the full amount of the emergency award if no final award is made, shall be repaid by
the claimant to the Board.

12.

(a) (1) An award may not be made unless the Board members find that (i) a
crime was committed, (ii) such crime directly resulted in [ personal] physical injury to, or
death of the victim, OR IN THE CASE OF SEXUAL ASSAULT OR CHILD ABUSE,
PSYCHOLOGICAL OR EMOTIONAL INJURY and (iii) police, OTHER LAW
ENFORCEMENT, OR JUDICIAL records show that such crime OR THE DISCOVERY OF
CHILD ABUSE was [promptly] reported to the proper authorities[; and in no case may
an award be made where the police records show that such report was made more than]
WITHIN [forty-eight] 48 hours after the occurrence of such crime, AND (TV) THE VICTIM
HAS FULLY COOPERATED WITH ALL LAW ENFORCEMENT AGENCIES, [unless the]
THE Board[, for good cause shown,] MAY WAIVE THE 48 HOUR REPORTING
REQUIREMENT IF IT finds the delay to have been justified REQUIREMENTS OF
SUBPARAGRAPHS (III) AND (TV) OF THIS PARAGRAPH FOR GOOD CAUSE SHOWN.
[The Board, upon finding that any. claimant or award recipient has not fully cooperated
with all law enforcement agencies, may deny or withdraw any award, as the case may be.]

(2) An award may not be made unless funds are appropriated and available
for the full amount of the award. If a multiyear award is made, the total amount of the
award shall be obligated and held for such period of time as is necessary to complete
payment in accordance with the provisions of the award. If payment of the award is
terminated for any reason subsequent to June 30 of the fiscal year in which the award was
made, the remainder of the award shall revert to the Criminal Injuries Compensation
Fund established under § 17A of this article. Any compensation awarded under the

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