2013 Maryland Code
CRIMINAL PROCEDURE
§ 11-618 - State lottery interception

§11-618.

(a) A certification of arrearage on restitution payments that the Central Collection Unit sends to the State Lottery Agency under § 11-616 of this subtitle shall contain:

(1) the full name of the restitution obligor and any other name known to be used by the restitution obligor;

(2) the Social Security number of the restitution obligor; and

(3) the amount of the arrearage.

(b) If a restitution obligor who is overdue in restitution payments wins a lottery prize to be paid by check directly by the State Lottery Agency, the State Lottery Agency shall send a notice to the restitution obligor that:

(1) the restitution obligor has won a prize to be paid by the State Lottery Agency;

(2) the State Lottery Agency has received notice from the Central Collection Unit of the restitution obligor’s restitution arrearage in the specified amount;

(3) State law requires the State Lottery Agency to withhold the prize and to pay it towards the restitution obligor’s restitution arrearage;

(4) the restitution obligor may appeal to the Central Collection Unit if the restitution obligor disputes the existence or the amount of the arrearage; and

(5) if an appeal is not filed within 15 days after the date of the notice, the State Lottery Agency will transfer the prize or the part of the prize that equals the restitution arrearage to the Central Collection Unit.

(c) (1) The State Lottery Agency shall withhold all or part of the prize up to the amount of the arrearage until the Central Collection Unit notifies the State Lottery Agency as to whom the withheld prize money is to be paid.

(2) The State Lottery Agency shall honor lottery prize interception requests in the following order:

(i) an interception request under § 10-113.1 of the Family Law Article;

(ii) an interception request under this section; and

(iii) an interception request under § 3-307 of the State Finance and Procurement Article.

(d) (1) On receipt of a notice from the State Lottery Agency, a restitution obligor who disputes the existence or amount of the arrearage may appeal the proposed transfer.

(2) If an appeal is not filed within 15 days after the date of the notice, the State Lottery Agency shall transfer the amount of the prize withheld to the Central Collection Unit.

(3) If the restitution obligor appeals the proposed transfer, after a hearing the Central Collection Unit shall notify the State Lottery Agency that the withheld prize shall be:

(i) paid to the restitution obligor;

(ii) transferred to the Central Collection Unit; or

(iii) in specified amounts, partly paid to the restitution obligor and partly transferred to the Central Collection Unit.

(e) The Secretary of Budget and Management and the Director of the State Lottery Agency may jointly adopt regulations to carry out this section.