No police report filed
Withdrawn

Ineligible

Member of a family

Motor vehicle

12250

During this time there were 28 emergency awards made. There were 244 personal injury claims and 64 death claims. Attorney's filed the claims on behalf of 90% of the claimants. The type of crime is illustrated by the following:

Of the 234 decisions which were rendered by the single Board Member, there were 36 Appeals to the full Board. Full Board Appeals are held in the Board's offices in Baltimore, Maryland. However, the Board Members and the Executive Director, who also functions as a hearing officer, conduct hearings throughout the State. The full Board has affirmed 29 cases on Appeal and 3 were reversed and 4 were allowed to be reopened for further investigation and/or further proof to be submitted.

The lump sum awards averaged $1,850. In the death claims, without taking into consideration the amount set forth in the decision but only for the periodic monthly payments, payments averaged $2,400 per year per claim. In a protracted claim the average is $1,625 per year per claim. At the present time, 29 death claims and 16 permanent total claims are being paid monthly.

Since periodic payments are made monthly in protracted and death cases, periodic checks are made to determine if the payments should continue. In protracted cases, if there is a change in dependency, remarriage, emancipation or any other circumstances or contingency that would alleviate claimant's financial hardship, payments are then stopped.

VII.

PROCEDURES IN FILING AND HANDLING CLAIMS

1. Upon inquiry to the Board, a claim form is given or mailed to the prospective claimant, who is advised to submit the completed form together with medical reports, receipts and the material to support his claim.

2. When the executed claim form is filed with the Board it is reviewed by the Secretary to determine if the claimant is in compliance with statutory eligibility and jurisdictional requirements.

3. If the claim is accepted by the Secretary, it is docketed and a file is set up on the claim.

4. The Board then acknowledges the claim and contacts the appropriate police department for a copy of the police report.

5. An investigation is conducted to determine and verify various aspects of the crime and the injuries and expenses incurred thereby.

6. If a hearing is deemed necessary, the claim is scheduled for a hearing before a single Commissioner and all appropriate witnesses are notified and subpoenaed if necessary. These hearings are conducted throughout the State.

7. While the evidence is given under oath, the Board tries to develop an atmosphere of informality in the hearing room which is conducive to the obtaining of the required information in support of a claim.

8. If claimant is dissatisfied with the decision of the single Commissioner, he can request a reconsideration by the full Board.

9. The full Board's hearings are usually conducted in Baltimore. 10. When a final decision is made at either level and it is acceptable to the claimant, it is then sent to the Attorney General and Secretary of the Department of Public Safety and Correctional Services, who have 30 days to take an appeal to the appropriate court if they think the award is improper.

11. If no Appeal is taken, the award becomes final.

12. In protracted awards the Board pays each award as specified direct to the claimant.

The Board has investigated and rendered a number of decisions in less than 30 days. However, the average is 60 days. There are, of course, many reasons that delay the Board's decisions. The State's Attorney may request the Board to discontinue investigation until he advises that the Board can proceed. This generally means awaiting the disposition of the criminal matter. In other claims, there may be delays due to the fact that it is impossible to determine the degree of permanent disability until maximum physical improvement is reached.

It is also difficult in death claims to complete the investigation where there are Social Security benefits undetermined, as well as Workmen's Compensation claims undecided.

76-162 O 72 - 15

In other instances it is impossible to obtain the information from Blue Cross or Blue Shield because enough time has not elapsed from the time the claimant was discharged from the hospital, or he is still under the doctor's care and a final bill with Blue Cross and Blue Shield benefits is not available.

There is also delay experienced with respect to verification of the financial resources of the claimant.

It has been found that even where there are serious questions to be determined, and the claimant cooperates, a speedy conclusion can be rendered.

However, in claims where there is provocation which requires intensive investigation, there is delay experienced due to attempting to locate and interview reticent witnesses.

VIII. EMERGENCY AWARDS

Emergency Awards are made in cases pending a final decision where undue hardship is evidenced. In the past year 28 emergency awards were made.

IX. ATTORNEYS

The claimant is entitled to representation by an attorney from the time the claim is filed. Over 90% of the claimants are represented by attorneys.

X. PROJECTIONS

The projected number of claims can be better estimated now that we have completed our second year of operation.

It is believed there will be at least 400 claims filed which will require investigations. This does not include the inquiries which we expect we will be able to handle in the same way as hereinabove outlined.

Not only is the public better informed and becoming more so continually, but the distribution of brochures and the publicity that has been given to the Board certainly are factors that should be considered.

Another factor is that the crime rate as reported by the Federal Bureau of Investigation, and particularly those crimes in which personal injuries are suffered, is on the rise again this year.

It should be noted that during the second year's activities there were 308 claims received and investigated and the growth and increase in the Board's work and activity is reflected in the number of claims in this report.

Based on this information, it is reasonable to expect that there will be at least 400 claims filed in fiscal year 1972.

XI. COSTS

Section 17 of the statute imposes an additional $5.00 in Court costs on all persons convicted of a crime by any Judge with criminal jurisdiction in the State. Since the inception of the statute, the following court costs have been collected by the Comptroller:

Our awards in the past fiscal year totalled $622,074.41. Of that total, $120,971.05 was awarded in lump sum payments and $588,283.36 was awarded in protracted payments none of which vested to the claimant and in the event of a change in circumstances regarding the claimant, such as death, the unpaid portion will terminate and revert to the State. All protracted payments are paid monthly by the Board's staff. Currently, approximately $6,500 is being paid monthly in protracted payments or annually. It is anticipated that in the current fiscal year these protracted payments will grow.

Attached hereto, Appendix A, is the summary of the decisions which have been made by this Board during the past year.

XIII. REDUCTION OF AWARDS

The Board can reduce an award or deny it altogether if it determines that the claimant contributed to the infliction of his injury.3 It has been our experience that a thorough review of the crime, beyond that of the police and court records, is necessary in approximately 20% of our claims.

XIV. POLICY, INTENT AND PHILOSOPHY

The reasons for compensating innocent victims of violent crime are expressed in the declaration of policy and the legislative intent in the statute, such as the failure of the state to insure the safety of its citizens and a sense of responsibility which a humane society feels for victims of crime. However, there are other compelling reasons to reimburse innocent victims of violent crimes. The worry that encompasses a victim while recovering from the injuries and without funds to pay his medical expenses, or to maintain his family is undoubtedly more harmful to his recovery than the pain that he suffers.

The traumatic impact upon the family of the victim who dies facing the future with uncertainty of not only how to pay the medical and/or funeral bill, but where they will turn to replace the support lost through death.

3 56-D-70, 141-D-70

The State of Maryland, being one of the leaders in this field, reflects the awakening of the social consciousness of the people of the western world to the assisting of innocent victims of crime in somewhat the same manner that State mandated programs provide for illness, disability, old age and unemployment.

During the past year the Board has learned from police agencies that in many instances the victim is not interested in prosecution of his assailant because he has many more immediate and pressing problems. In addition, the victim without the benefits of this statute is left with nothing except his bills, the worry of his family, as well as the disruption of his household. However, since the innocent victim of crime in the State of Maryland may file a claim, it is hoped, and there has been some experience to indicate, that he would be more willing to cooperate with the law enforcement agencies knowing someone cares about him. In this respect the victim who was an unwilling and uncooperative witness now becomes a willing and cooperative witness.

The Board has continued to treat each claimant not as an adversary, but rather to determine the full and true facts concerning each claim. We are dedicated to seeing that those people who are entitled to an award shall receive the same, but we are equally dedicated and vigorous in our investigation to deny an award to anyone who is not entitled to the same.

It is the feeling of the Board that the assistance afforded the innocent victim of a crime is helping and aiding in the administration of justice.

XV. AMENDMENTS

The statute was amended and liberalized to allow the Board to make disability awards to victims who were not employed at the time of the crime and who had no average weekly wage upon which to compute an award.

XVI. INTER-AGENCY COOPERATION

Finally, the Board acknowledges the cooperation of the State's Attorneys throughout the State in aiding in this program.

We also acknowledge the cooperation of each and every law enforcement agency and particularly the State Police who have been of great assistance and willingly have made the information available.

The Board expresses its thanks to the staff which has been training continually throughout the year to facilitate the handling of the paper work and the investigators in expediting the investigations. They have helped develop and invoke enthusiasm and energy in all matters.

XVII. ANALYSIS AND FUTURE NEEDS

An noted in prior paragraphs, it is anticipated that the work load of this agency will greatly increase every year for the next few succeeding years. Consequently, budget needs will increase yearly. To substantiate this position, we need only refer to continual public awareness, crime statis