Md. Code, State Finance and Procurement, Title 10

Md. Code, State Finance and Procurement, Title 10
in effect

Md. Code, State Finance and Procurement § 10-201

(a) The Board may appoint a full-time secretary. (b) The secretary serves at the pleasure of the Board. (c) The secretary: (1) must be a person of high character and integrity; and (2) shall be appointed on the basis of executive skill and ability.

Md. Code, State Finance and Procurement § 10-202

(a) This section does not apply to property to be acquired in connection with State roads, bridges, or highways. (b) Subject to Title 12 of the Real Property Article, the Board may condemn property for State use. (c) The Department of General Services, with the approval of the Board, shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article that establish a uniform method of determining the value of any applicable life estate discount for property condemned in accordance with this section.

Md. Code, State Finance and Procurement § 10-203

(a) (1) On the recommendation of the Comptroller, the Board shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article covering matters of business administration in the units of the State government. (2) The regulations adopted under this section may include regulations that establish: (i) uniform rates of mileage allowance; and (ii) the terms and renewals of bonds furnished by State officials and employees. (b) Regulations adopted under this section are binding on all units of the State government affected by the regulations.

Md. Code, State Finance and Procurement § 10-204

By regulation, the Board may require that any proposed contract, contract renewal, or change order, of a designated class or monetary value, of any unit of the Executive Branch be brought to the Board for consideration and approval before execution.

Md. Code, State Finance and Procurement § 10-205

For purposes of the preparation of the State budget: (1) the Board of Public Works is an independent agency; and (2) all expenses related to the administration of the Board of Public Works shall be separately identified and independent of the budget of any other State agency.

Md. Code, State Finance and Procurement § 10-207

(a) For each meeting of the Board held on or after October 1, 2024, beginning on the date the Board makes the meeting agenda available to the public, including any updates to the agenda, the Board shall allow members of the public to electronically submit public comments on agenda items. (b) Public comments submitted under subsection (a) of this section or that are otherwise received by the Board by electronic or regular mail and relate to a Board agenda item shall: (1) be included in each meeting packet prepared for members of the Board; (2) be posted online at least 24 hours in advance of the meeting, or as soon as practicable after the public comment is received; and (3) be retained online through the Board’s public website. (c) Any Board discussion items that are not subject to inclusion in a public agenda under § 3–302.1 of the General Provisions Article are not subject to public comment under this section. (d) To carry out the requirements of this section, the Board shall employ at least one more staff position than the number of positions authorized in fiscal year 2023.

Md. Code, State Finance and Procurement § 10-301

In this subtitle, “real or personal property” includes: (1) the inland waters of the State and the land under those waters; (2) the waters of the Atlantic Ocean for 3 miles from the low watermark of the coast of the State bordering on that ocean and the land under those waters; and (3) any legal or equitable rights, interests, privileges, or easements in, to, or over any real or personal property.

Md. Code, State Finance and Procurement § 10-302.1

§10–302.1. This subtitle does not apply to: (1) the release of a lot subject to an agricultural land preservation easement under § 2–513 of the Agriculture Article; or (2) the sale, transfer, exchange, lease, or other disposition of real property held by the Maryland Agricultural Land Preservation Foundation under the Critical Farms Program under § 2–517 of the Agriculture Article.

Md. Code, State Finance and Procurement § 10-303

(a) Notwithstanding any other section of this subtitle, the Department of Natural Resources may dispose of any existing structure on any property acquired by the State for the use of the Department if the structure is valued at $2,500 or less. (b) Before the Department of Natural Resources disposes of any structure under this section, the Department shall give public notice in a newspaper of general circulation in the county in which the structure is located. (c) The proceeds of the sale shall be credited to the Natural Resources Property Maintenance Fund.

Md. Code, State Finance and Procurement § 10-304

(a) This section does not apply to: (1) property that is pledged to secure the payment of principal of or interest on revenue bonds; or (2) real property that is owned or controlled by the State Highway Administration, unless the property is being transferred to the Maryland Transportation Authority or to another unit in the Department of Transportation. (b) (1) The Board may transfer any property, and all rights of physical custody and control over the property, from a unit of the Executive Branch of the State government to another unit of the Executive Branch of the State government. (2) Any property transferred under this subsection is exempt from the appraisal requirements under § 10–305(b)(2)(i) of this subtitle. (3) Any property transferred under this subsection is subject to the continuing general jurisdiction of the Board.

Md. Code, State Finance and Procurement § 10-305

(a) Subject to subsections (b) and (c) of this section, any real or personal property of the State or a unit of the State government may be sold, leased, transferred, exchanged, granted, or otherwise disposed of: (1) to any person, to the United States or any of its units, or to any unit of the State government, for a consideration the Board decides is adequate; or (2) to any county or municipal corporation in the State subject to any conditions the Board imposes. (b) (1) (i) Except as provided under subparagraph (ii) of this paragraph, this subsection applies to the sale, transfer, grant, or exchange of: 1. real property identified under § 5–310(c)(1) of this article; and 2. State–owned real or personal property, funded in accordance with an appropriation act of the General Assembly, that has an appraised value over $100,000. (ii) This subsection does not apply to the following dispositions of property identified in subparagraph (i) of this paragraph: 1. leasing the property; 2. the sale, transfer, grant, or exchange of a corrective or access easement on the property; or 3. an exchange by the Department of Natural Resources under § 1–109(e)(3) of the Natural Resources Article. (2) The Board may not approve the sale, transfer, exchange, or grant of property until: (i) the Department of General Services or the Department of Natural Resources under Title 1, Subtitle 1 of the Natural Resources Article has submitted to the Board two independent appraisals of the property that: 1. with regard to real property, consider the value of any restrictive covenant that may be placed on the property; and 2. may not be publicly disclosed if the property is to be sold at auction; (ii) the following information has been submitted, by electronic mail or facsimile and by certified mail, to the Senate Budget and Taxation Committee, the House Appropriations Committee, and, for property that meets both criteria of paragraph (1)(i) of this subsection, the Legislative Policy Committee: 1. a description of the property; and 2. if applicable, any justification for not selling, transferring, exchanging, or granting the property in a manner that generates the highest return for the State; (iii) 45 days have elapsed since: 1. the information required by item (ii) of this paragraph was received by the appropriate committees; and 2. the Board declared the property surplus; and (iv) except for property sold under paragraph (4) of this subsection, for property that meets both criteria under paragraph (1)(i) of this subsection and for which the Board intends to approve a fee simple sale, transfer, exchange, or grant, the General Assembly has approved the proposed disposition as provided under paragraph (3) of this subsection. (3) (i) Within 45 days after receiving the information submitted under paragraph (2) of this subsection, the Legislative Policy Committee shall: 1. review the information and the public record created by the Department of Planning for the property; and 2. A. approve the proposed disposition of the surplus property and refer the property back to the Board for final disposition; or B. refer the proposed disposition of the property to the full General Assembly and notify the Board of the referral. (ii) If the Legislative Policy Committee fails to take any action under subparagraph (i)2 of this paragraph within the specified time period, the proposed disposition shall be deemed approved by the Committee. (iii) 1. If the proposed disposition of the surplus property is referred by the Legislative Policy Committee to the full General Assembly, the proposed disposition may not be approved by the Board unless it is approved by the passage of legislation during the next legislative session of the General Assembly. 2. In any legislation passed in accordance with subsubparagraph 1 of this subparagraph, the General Assembly may approve the proposed disposition with or without conditions. (4) If the Board has declared the property surplus, the Board shall sell the property to the federal government, a local government, or a unit of federal or local government for $1.00, if: (i) the government or unit has indicated its interest in acquiring the land; and (ii) a restrictive covenant is placed on the deed of transfer, in accordance with § 5–906(e)(7) and (8) of the Natural Resources Article, that requires the property to be maintained in a use that is consistent with its use at the time of transfer. (5) Any revenues derived from the sale, transfer, exchange, or grant of property identified under paragraph (1)(i)1 of this subsection shall be deposited in the Advance Option and Purchase Fund under § 5–904(b) of the Natural Resources Article. (6) If the Board has declared the property surplus, the Board shall donate or sell the property determined by the Department of Housing and Community Development to be suitable for use or redevelopment as affordable housing in accordance with a proposal developed under § 2–203 of the Housing and Community Development Article. (c) (1) This subsection does not apply to: (i) property that will be acquired with Program Open Space funds under Title 5, Subtitle 9 of the Natural Resources Article; (ii) property that will be acquired with Rural Legacy Program funds under Title 5, Subtitle 9A of the Natural Resources Article; (iii) property that will be acquired with Local Land Preservation Program funds under Title 5, Subtitle 9B of the Natural Resources Article; (iv) property that will be acquired with Community Parks and Playgrounds Program funds under Title 5, Subtitle 9C of the Natural Resources Article; (v) property that will be acquired with funds from the Heritage Conservation Fund under Title 5, Subtitle 15 of the Natural Resources Article; (vi) property that will be acquired with funds from the Forest and Park Reserve Fund established under § 5–212 of the Natural Resources Article; (vii) property that will be acquired with federal grant funds made available to the Department of Natural Resources for open space, recreation, or conservation purposes; (viii) property that will be acquired by the Maryland Environmental Trust; (ix) a Maryland Agricultural Land Preservation Foundation easement acquired under § 2–504 of the Agriculture Article; (x) federally owned military property; (xi) property that will be acquired by the Maryland Aviation Administration; or (xii) property that will be acquired by the Maryland Port Administration. (2) The Board may not approve the acquisition of real property with an appraised value of at least $500,000 unless the Board has provided to the Legislative Policy Committee: (i) a justification for the planned acquisition; and (ii) on request of the cochairs of the Legislative Policy Committee made within 14 days after receiving the justification under item (i) of this paragraph: 1. a cost–benefit analysis of the planned acquisition; and 2. at least 45 days to review the information provided under this paragraph and comment on the planned acquisition before the acquisition is approved. (3) If the acquisition of real property with an appraised value of at least $500,000 from the federal government would require the State to provide ongoing maintenance of the property, the Board may not approve the acquisition until the Board has provided to the Legislative Policy Committee: (i) notice that the acquisition would require the State to provide ongoing maintenance of the property; and (ii) on request of the cochairs of the Legislative Policy Committee within 14 days after receiving the notice provided under item (i) of this paragraph, a study regarding the ongoing fiscal impact the acquisition would have on the State, including any environmental mitigation that may be required. (d) Except as otherwise provided in this section: (1) if any real or personal property disposed of under this section is not under the jurisdiction or control of any particular unit of the State government, the deed, lease, or other evidence of conveyance of the real or personal property shall be executed by the Board; and (2) if any real or personal property disposed of under this section is under the jurisdiction or control of a unit of the State government, the deed, lease, or other evidence of conveyance of the real or personal property shall be executed by the highest official of the unit and by the Board. (e) (1) Whenever any unit of the State government leases any State–owned property under its jurisdiction and control to any State employee, agent, or servant, or to any other individual in State service, for the purpose of permitting the individual to maintain a residence on or in the property, the lease shall be: (i) executed by the unit; and (ii) approved by the Secretary of General Services. (2) The lease is not valid unless the Secretary of General Services approves it. (3) Whenever any unit of the State government leases any State–owned property under its jurisdiction and control to any lessee, the lease shall include a provision which prohibits the lessee from assigning or subleasing that property without the prior approval of the Board of Public Works. (4) (i) Whenever the State Highway Administration leases any State–owned property under its jurisdiction and control to any person, the Administrator of the State Highway Administration may execute the lease if: 1. the lease is entered into on a 30–day renewable basis; and 2. the duration of the tenancy does not exceed 1 year. (ii) At least twice each year, the Administrator of the State Highway Administration shall submit a report of the leases executed under the authority granted in subparagraph (i) of this paragraph to the Board of Public Works. (5) (i) Whenever the Department of Natural Resources leases any State–owned property under its jurisdiction and control to any lessee, the lease shall include a provision that requires the lessee to: 1. maintain unobstructed access to trail heads by trail users and first responders; and 2. ensure that the trail heads remain free of obstructions at all times. (ii) At least once each year, the Secretary of Natural Resources shall submit a report of all leases executed by the Department of Natural Resources to the Department of General Services. (f) (1) On the sale, lease, transfer, exchange, or other disposition of any real or personal property owned or controlled by the State Retirement and Pension System or the State of Maryland for the use of the Board of Trustees of the State Retirement and Pension System, any conveyancing document shall be executed in the manner provided in Division II of the State Personnel and Pensions Article. (2) Any sale, lease, transfer, exchange or other disposition of any real or personal property owned or controlled by the State Retirement and Pension System or the State of Maryland for the use of the Board of Trustees of the State Retirement and Pension System by a conveyancing document executed by or for the Board of Trustees of the State Retirement and Pension System before October 1, 1994 in the manner provided under former Article 73B is ratified and confirmed. (g) All conveyances under this section shall be made in the name of the State of Maryland, acting through the executing authority provided for in this section. (h) This section does not apply to any lease or other temporary transfer, grant, or disposition of State real or personal property in connection with a procurement made subject to § 11–202(3) of this article. (i) The Department of Budget and Management and Department of General Services, with the approval of the Board, shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article to implement the provisions of this section.

Md. Code, State Finance and Procurement § 10-306

(a) In this section, “capital asset” means an asset of a substantial permanent nature. (b) If the consideration received for the disposition of any real or personal property of the State or any unit of the State government is other real or personal property, the real or personal property received shall be held and accounted for in the same manner as other property under the jurisdiction and control of the unit of the State government that receives the real or personal property. (c) (1) Except as provided in paragraphs (2) and (3) of this subsection, if cash is received as consideration for the disposition of a capital asset of the State or any unit of the State government, the cash shall be applied to the State Annuity Bond Fund Account for the payment of the principal of and interest on the bonded indebtedness of the State. (2) If the capital asset is real property that is being leased or sold to a private party for the purpose of realizing a transit–oriented development as defined under § 7–101 of the Transportation Article, at the discretion of the State agency that is disposing of the property, all or a portion of the cash proceeds resulting from the transaction shall be deposited in: (i) the Baltimore City Community Enhancement Transit–Oriented Development Fund established under Title 15 of the Economic Development Article for the purposes of that Fund; or (ii) the Transit–Oriented Development Capital Grant and Revolving Loan Fund established under Title 7 of the Transportation Article for the purposes of that Fund. (3) (i) If cash is received as consideration for the disposition of a capital asset, and if the capital asset was originally purchased with special funds, the cash shall be applied to the special fund. (ii) Notwithstanding subparagraph (i) of this paragraph, cash received as consideration for the disposition of helicopters, auxiliary helicopter equipment, ground support equipment, or other capital equipment related to helicopters shall be applied to the State Annuity Bond Fund Account for the payment of the principal of and interest on the bonded indebtedness of the State. (4) If cash is received as consideration for the disposition of any real or personal property of the State or any unit of the State government, other than a capital asset, the cash shall be accounted for and paid into the State Treasury.

Md. Code, State Finance and Procurement § 10-307

(a) In this section, “geothermal resources” has the meaning stated in § 5-601 of the Environment Article. (b) Subject to any conditions the Board and the Department of Natural Resources impose, geothermal resources located on real property owned by the State may be sold, leased, transferred, exchanged, granted, or otherwise disposed of to any person for a consideration the Board decides is adequate.

Md. Code, State Finance and Procurement § 10-308

(a) In this section, “minority business enterprise” has the meaning stated in Title 14, Subtitle 3 of this article. (b) Each unit of the State government that leases State-owned property to business entities shall adopt regulations that establish procedures for awarding the leases. The procedures shall be structured to try to achieve participation by minority business enterprises in: (1) 10% of the total dollar amount of the leases; and (2) 10% of the total number of leases.

Md. Code, State Finance and Procurement § 10-309

(a) (1) In this section the following words have the meanings indicated. (2) (i) “Perpetual care” means the maintenance, including the cutting of grass abutting memorials or monuments, administration, supervision, and embellishments of a cemetery and its grounds, roads, and paths. (ii) “Perpetual care” includes the repair and renewal of buildings, including columbaria and mausoleums, and the property of the cemetery. (3) “State facility” means: (i) a facility maintained by the Behavioral Health Administration of the Maryland Department of Health and listed in § 10–406 of the Health – General Article; (ii) a State residential center for individuals with an intellectual disability in the Developmental Disabilities Administration of the Maryland Department of Health; and (iii) a facility that formerly met the definition of “State facility” under item (i) or (ii) of this subsection, including: 1. the former Rosewood Center; and 2. the former Crownsville Hospital Center. (b) A cemetery owned by the State and located on the grounds of a State facility may not be sold by the State if the State facility is downsized, consolidated, closed, or sold. (c) A cemetery owned by the State and located on the grounds of a State facility shall be provided perpetual care and marked with a monument commemorating the individuals interred in the cemetery. (d) Activities or projects undertaken under subsection (c) of this section shall be undertaken in consultation with the Maryland Historical Trust, in accordance with the consultation provisions: (1) for capital projects under § 5A–325 of this article; and (2) for issuance of permits or licenses or provision of financial assistance under § 5A–326(d)(2) of this article. (e) Any easement or right of entry to a cemetery owned by the State and located on the grounds of a State facility that has been recorded among the land records of the county where the cemetery is located on or before October 1, 2004 may not be transferred or sold. (f) Notwithstanding subsections (b) and (e) of this section, a cemetery or an easement or right of entry to a cemetery owned by the State and located on the grounds of a State facility may be sold by the State if the deed for the property includes a restrictive covenant requiring the owner and any future owner to maintain the cemetery as provided under subsection (c) of this section. (g) The provisions of § 5–502 of the Business Regulation Article apply to a cemetery owned by the State and located on the grounds of a State facility. (h) Beginning January 1, 2015, and on or before January 1 of each succeeding year, the Maryland Department of Health shall report, in accordance with § 2–1257 of the State Government Article, to the Senate Finance Committee and the House Health and Government Operations Committee on the implementation of this section.

Md. Code, State Finance and Procurement § 10-401

(a) This subtitle applies only to land owned by the State as a result of the relationship of the land to the waters of the State. (b) This subtitle does not: (1) affect the title to interests conveyed by the State before July 1, 1970, by a valid grant, lease, or patent or a grant confirmed by Article 5 of the Maryland Declaration of Rights; (2) prohibit the execution of a conveyance for which application was made and approved by the Board before July 1, 1970; (3) deprive any riparian owner or proprietor of any riparian rights, privilege, or enjoyment that the owner or proprietor had before July 1, 1970; or (4) affect §§ 3-101 and 3-102 of the Natural Resources Article of the Code of Public Local Laws of Worcester County.

Md. Code, State Finance and Procurement § 10-402

(a) The Board may not convey any title to land covered by this subtitle to any person other than the riparian owner or proprietor of the land abutting the land conveyed. (b) The Board may convey title to land covered by this subtitle only after seeking the advice of: (1) the Department of Natural Resources; (2) appropriate agricultural agencies, including: (i) the Maryland Agricultural Commission; (ii) the agricultural stabilization and conservation committee of the county in which the land lies; and (iii) the soil conservation district committee of the county in which the land lies; and (3) other interested federal and State agencies. (c) (1) Before the Board may convey title to land covered by this subtitle, the Board shall: (i) hold a public hearing, after proper notice, in the county in which the land lies; and (ii) issue a written decision that justifies the action of the Board, taking into account the best interests of the State with respect to the varying ecological, economic, developmental, agricultural, recreational, and aesthetic values of the area under consideration. (2) The written decision issued under this subsection shall be kept among the permanent records of the Board and be open to public inspection.

Md. Code, State Finance and Procurement § 10-501

(a) (1) On receipt of an order by an administrative law judge granting a petition under subsection (b) of this section, subject to paragraph (5) of this subsection, the Board of Public Works shall compensate an individual erroneously convicted, sentenced, and confined under State law for a crime the individual did not commit in an amount equal to the product of the total number of days that the individual was wrongfully confined after the erroneous conviction multiplied by a daily rate of the State’s most recent annual median household income as published in the American Community Survey of the U.S. Census Bureau in the year the order of eligibility is issued under subsection (b) of this section and divided by 365 days to the nearest whole cent. (2) In addition to the compensation awarded under paragraph (1) of this subsection, the administrative law judge issuing an order under subsection (b) of this section may direct the appropriate State agency or service provider to provide to the individual free of charge any of the following benefits: (i) a State identification card and any other document necessary for the individual’s health or welfare on the individual’s release from confinement; (ii) housing accommodations for a period not exceeding 5 years after the date the order of eligibility is issued under subsection (b) of this section; (iii) education and training relevant to life skills, job and vocational training, or financial literacy for a period of time until the individual elects to no longer receive the education and training; (iv) health care and dental care for at least 5 years after the date the order of eligibility is issued under subsection (b) of this section; (v) access to enrollment at and payment of tuition and fees for attending a public senior higher education institution, a regional higher education center, or the Baltimore City Community College for a period of enrollment not exceeding 8 years; and (vi) reimbursement for court fines, fees, and restitution paid by the individual for the crime for which the individual was erroneously convicted, sentenced, and confined. (3) (i) If an individual previously received a monetary award from a civil suit or entered into a settlement agreement with the State or a political subdivision of the State for an erroneous conviction, sentence, or confinement, the amount owed to the individual under this subsection shall be reduced by the amount of the monetary award or settlement that was paid to the individual less any amount paid for attorney’s fees and costs for litigating the award or settlement. (ii) 1. If, after receiving compensation under this subsection, an individual receives a monetary award from a civil suit or enters into a settlement agreement with the State or a political subdivision of the State for an erroneous conviction, sentence, or confinement, the individual shall reimburse the State the amount of money paid under this section less any amount paid for attorney’s fees and costs for litigating the award or settlement. 2. Reimbursement required under subsubparagraph 1 of this subparagraph may not exceed the amount of the monetary award the individual received in the civil suit or settlement agreement. 3. The State may obtain a lien against the monetary award from a civil suit or settlement agreement to satisfy an obligation under subsubparagraph 1 of this subparagraph. (4) If an individual eligible for compensation and benefits under this subsection is deceased, the individual’s estate has standing to be compensated under this subsection. (5) (i) Beginning in fiscal year 2026, the county government in the county in which the conviction of an individual occurred shall pay to the State 50% of the amount of compensation awarded to the individual under paragraph (1) of this subsection. (ii) The payment shall be remitted annually to the Comptroller by June 30 equal to 100% of the county’s share of costs for that fiscal year. (iii) On October 1, December 1, March 1, and June 1 of each fiscal year, the Board of Public Works shall notify the Comptroller and each county of the county’s share of each erroneous conviction award during the fiscal year. (iv) The Comptroller may withhold a portion of a local income tax distribution of a county that fails to make timely payment in accordance with this section. (b) (1) An administrative law judge shall issue an order that an individual is eligible for compensation and benefits from the State under subsection (a) of this section if: (i) the individual has received from the Governor a full pardon stating that the individual’s conviction has been shown conclusively to be in error; or (ii) subject to paragraph (2) of this subsection, the administrative law judge finds that the individual has proven by clear and convincing evidence that: 1. the individual was convicted, sentenced, and subsequently confined for a felony or conspiracy to commit a felony; 2. the judgment of conviction for the felony or conspiracy to commit a felony was reversed or vacated and: A. the order reversing or vacating the judgment of conviction did not allow for retrial; B. the charges against the individual were dismissed; or C. on retrial, the individual was found not guilty; 3. the individual did not commit the felony or conspiracy to commit a felony for which they were convicted, sentenced, and subsequently confined and was not an accessory or accomplice to the felony or conspiracy to commit a felony; and 4. subject to paragraph (2)(ii) of this subsection, the individual did not commit or suborn perjury, fabricate evidence, or by the individual’s own conduct cause or bring about the conviction. (2) (i) In determining the weight and admissibility of evidence presented by the parties, the administrative law judge may, in the interest of justice, give due consideration to the passage of time, death or unavailability of witnesses, the destruction of evidence, or any other factor. (ii) For the purposes of paragraph (1)(ii)4 of this subsection, suborning perjury, fabricating evidence, or causing or bringing about a conviction does not include: 1. a confession or admission later determined to be false; or 2. a guilty plea. (3) A request for an order of eligibility under this section shall be: (i) filed with the Office of Administrative Hearings; and (ii) captioned “In the Matter of the Wrongful Conviction of (Claimant)” or “(Claimant) v. Board of Public Works”. (4) The following shall be parties to a proceeding under this subsection: (i) the State’s Attorney of the county where the crime was committed, or the State’s Attorney’s designee; and (ii) the State, represented by the Attorney General, or the Attorney General’s designee. (c) (1) Except as provided in paragraph (2) of this subsection, an individual may file a petition for an order under subsection (b) of this section not later than 2 years after the date on which: (i) the Governor issued a pardon described under subsection (b)(1)(i) of this section; or (ii) the criminal charges against the individual were dismissed, an order reversing or vacating the judgment of conviction and not allowing for retrial was issued, or the individual was found not guilty on retrial as described under subsection (b)(1)(ii) of this section. (2) An individual convicted of a conspiracy to commit a felony who meets the requirements of this section and who was ineligible for compensation before July 1, 2024, may petition for an order under subsection (b) of this section not later than July 1, 2026. (3) If an individual otherwise eligible for relief under this section is deceased, a personal representative or an executor of the individual’s estate may file a petition for an order under subsection (b) of this section on the individual’s behalf. (4) A petition filed under this section shall be served on: (i) the State’s Attorney in the county in which the conviction occurred, or the State’s Attorney’s designee; and (ii) the Attorney General, or the Attorney General’s designee. (5) (i) Subject to subparagraph (ii) of this paragraph, an individual may not receive compensation under this section for any period of confinement during which the individual was concurrently serving a sentence for a conviction of another offense for which the individual was lawfully convicted and confined. (ii) The State shall notify the individual in writing at least 15 days before a hearing on a petition under this section of: 1. the State’s intention to introduce evidence to reduce or prevent an award of compensation under this paragraph; and 2. the number of days that the State claims the individual was incarcerated but not concurrently serving a sentence for a conviction of another offense for which the individual was lawfully convicted and confined. (6) The decision to grant or deny a petition under this section may be appealed by any party to the proceeding. (d) (1) If an administrative law judge orders that an individual is eligible for compensation and benefits under this section, the order shall include: (i) the monetary award owed to the individual under subsection (a)(1) of this section; (ii) reasonable attorney’s fees and expenses associated with the action brought under this section; (iii) benefits to be awarded under subsection (a)(2) of this section; and (iv) if the administrative law judge determines that it is in the interests of the individual, a recommendation for an expedited payment schedule. (2) A copy of the order shall be delivered to: (i) the Board of Public Works to make the payments ordered under paragraph (1)(i) and (ii) of this subsection; and (ii) any State agency or service provider ordered to provide benefits under paragraph (1)(iii) of this subsection. (e) The Board of Public Works shall pay the compensation ordered under subsection (d) of this section in: (1) one initial payment equal to the annual amount of the State’s most recent median household income to be paid within 60 days after receiving the order; and (2) (i) after the initial payment under item (1) of this subsection, installments paid over a period not to exceed 6 fiscal years; or (ii) in accordance with an expedited payment schedule recommended under subsection (d)(1)(iv) of this section. (f) (1) This section does not prohibit an individual from contracting for services to: (i) determine the individual’s innocence; (ii) obtain a pardon; (iii) obtain the individual’s release from confinement; or (iv) obtain compensation under this section. (2) (i) A person providing services under paragraph (1)(iv) of this subsection may not charge, demand, receive, or collect payment other than that allowed under subsection (d)(1)(ii) of this section. (ii) An obligation incurred in violation of this paragraph is void. (g) On or before December 31, 2022, and annually thereafter, the Board of Public Works shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on any compensation and services awarded under this section. (h) The Office of Administrative Hearings, in consultation with the Board of Public Works, shall adopt regulations to govern the procedures and practices in all cases requesting compensation and benefits under this subtitle.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026