Ch. 385 LAWS OF MARYLAND

OF THIS SECTION, compliance with the order may be made as a sentence or
condition of probation.

(d) (1) Restitution [is] SHALL BE made by the defendant to the Division of
Parole and Probation [of the county in which he was convicted] under the terms and
conditions of the order for restitution.

(2) The Division shall keep records of any payments or return of property
in satisfaction of the order.

(3) The Division shall forward any property or payments in accordance
with the court's order and the provisions of this section to:

(i) The victim;

(ii) The Department of Health and Mental Hygiene or other
governmental entity; or

(iii) The third-party payor.

(4) The Division may assess additional fees not to exceed 2 percent of the
amount of the order to pay for administrative costs of collecting payments or property.
These fees shall be p.aid by the defendant.

(e) (1) When a defendant fails to make restitution as ordered, the Division
shall notify the court.

(2) The court may hold a hearing to determine if the defendant is in
contempt of court or has violated the terms of the probation or parole.

(3) IF THE COURT FINDS THAT THE DEFENDANT
INTENTIONALLY BECAME IMPOVERISHED TO AVOID PAYMENT OF THE
RESTITUTION, THE COURT MAY FIND THE DEFENDANT IN VIOLATION OF
PROBATION OR PAROLE.

(f) An order of restitution may not preclude the owner of the property or the
victim who suffered personal physical or mental injury or out-of-pocket loss of earnings
or support from proceeding in a civil action to recover damages from the defendant. A
civil verdict shall be reduced by the amount paid under the criminal restitution order.

(G) (1) AN ORDER OF RESTITUTION SHALL CONSTITUTE
JUDGMENT AS IN A CIVIL ACTION.

(2) AN ORDER OF RESTITUTION FROM THE DISTRICT COURT
OR THE CIRCUIT COURT SHALL BE INDEXED AND RECORDED AS
PRESCRIBED BY THE MARYLAND RULES OR THE MARYLAND DISTRICT
RULES.

(3) A JUDGMENT ENTERED UNDER THIS SECTION
CONSTITUTES A LIEN IN THE AMOUNT OF THE JUDGMENT ON THE REAL
PROPERTY OF THE DEFENDANT ONLY:

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