|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 512
|
|
2005 LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
|
|
|
|
(1) the victim;
(2) the Department of Health and Mental Hygiene, the Criminal Injuries
Compensation Board, or any other governmental unit; or
(3) a third-party payor, including:
(I) an insurer[,]; or
(II) any other person that has, UNDER PART I OF THIS SUBTITLE:
1. compensated the victim for a property or pecuniary loss
[under Part I of this subtitle]; OR
2. PAID AN EXPENSE ON BEHALF OF A VICTIM.
(b) (1) Payment of restitution to the victim has priority over:
(i) payment of restitution to the Department of Health and Mental
Hygiene or other governmental unit;
(II) PAYMENTS OWED TO THE STATE FOR REIMBURSEMENT OF
PAYMENTS MADE ON BEHALF OF A CHILD; and
[(ii)] (III) subject to paragraph (2) of this subsection, payment of
restitution to a third-party payor.
(2) If the victim has been fully compensated for the victim's loss by a
third-party payor, the court may issue a judgment of restitution that directs the
restitution obligor to pay restitution to the third-party payor.
11-607.
(c) (1) Whenever [a restitution obligor fails to make] AN OBLIGOR'S
restitution [as ordered] PAYMENT, AS ORDERED BY THE COURT OR ESTABLISHED BY
THE DIVISION, IS OVERDUE, the Division or the Department of Juvenile Services
shall:
(I) notify the court; AND
(II) IF AN EARNINGS WITHHOLDING ORDER IS NOT IN EFFECT AND
THE RESTITUTION OBLIGOR IS EMPLOYED, REQUEST AN EARNINGS WITHHOLDING
ORDER.
(2) The court may hold a hearing to determine whether the restitution
obligor is in contempt of court or has violated the terms of the probation.
(3) If the court finds that the restitution obligor intentionally became
impoverished to avoid payment of the restitution, the court may find the restitution
obligor in contempt of court or in violation of probation.
11-608.
(A) [If a judgment of restitution that requires the payment of money is
recorded and indexed in the civil judgment index:
- 3020 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
