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MARVIN MANDEL, Governor 2499
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(2) "CRIME" MEANS AN ACT COMMITTED BY ANY
PERSON IN THE STATE OF MARYLAND WHICH WOULD CONSTITUTE A
CRIME AS DEFINED IN ARTICLE 27 OF THE ANNOTATED CODE OF
MARYLAND OR AT COMMON LAW. HOWEVER, AN ACT INVOLVING THE
OPERATION OF A MOTOR VEHICLE WHICH RESULTS IN INJURY DOES
NOT CONSTITUTE A CRIME FOR THE PURPOSE OF THIS ARTICLE
UNLESS THE INJURIES WERE INTENTIONALLY INFLICTED THROUGH
THE USE OF A VEHICLE.
(3) "DEFENDANT" MEANS ANY PERSON WHO HAS
BEEN FOUND GUILTY OF A CRIME OR ANY PERSON WHOSE PLEA OF
NOLO CONTENDERE TO A CRIME HAS BEEN ACCEPTED BY THE
COURT.
(4) "DIVISION" MEANS DIVISION OF PAROLE AND
PROBATION.
(5) "JUDGE" MEANS A JUDGE OF A COURT.
(6) "PROPERTY" MEANS BOTH REAL AND PERSONAL
PROPERTY.
(B) UPON CONVICTION FOR A CRIME WHERE PROPERTY OF
ANOTHER HAS BEEN STOLEN, CONVERTED, UNLAWFULLY OBTAINED,
OR ITS VALUE SUBSTANTIALLY DECREASED AS A DIRECT RESULT
OF THE CRIME, OR WHERE THE VICTIM SUFFERED PERSONAL
PHYSICAL OR MENTAL INJURY OR ACTUAL MEDICAL EXPENSES,
DIRECT OUT OF POCKET LOSSES, OF LOSS OF EARNING OR
SUPPORT AS A DIRECT RESULT OF THE CRIME, THE COURT MAY
ENTER A JUDGMENT AND ORDER FOR ORDER THE DEFENDANT TO
MAKE RESTITUTION IN ADDITION TO ANY OTHER PENALTY
PROVIDED FOR THE COMMISSION OF THE CRIME.
(C) WHEN A JUDGMENT OR AN ORDER OF RESTITUTION HAS
BEEN ENTERED PURSUANT TO SUBSECTION (B), COMPLIANCE WITH
THE JUDGMENT OR ORDER MAY BE MADE AS A SENTENCE OR
CONDITION OF PROBATION OR PAROLE.
(D) (1) RESTITUTION IS 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 JUDGMENT AND ORDER FOR RESTITUTION.
(2) THE DIVISION SHALL KEEP RECORDS OF ANY
PAYMENTS OR RETURN OF PROPERTY IN SATISFACTION OF THE
JUDGMENT AND ORDER.
(3) THE DIVISION SHALL FORWARD ANY PROPERTY
OR PAYMENTS TO THE VICTIM OF THE CRIME.
(4) THE DIVISION MAY ASSESS ADDITIONAL FEES
NOT TO EXCEED 2 PERCENT OF THE JUDGMENT AMOUNT OF THE
ORDER TO PAY FOR ADMINISTRATIVE COSTS OF COLLECTING
PAYMENTS OR PROPERTY. THESE FEES SHALL BE PAID BY THE
DEFENDANT.
(E) WHEN A DEFENDANT FAILS TO MAKE RESTITUTION AS
ORDERED, THE DIVISION SHALL NOTIFY THE COURT. THE COURT
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