HARRY HUGHES, Governor

189

victim for a property loss under paragraph (l)(i) of this
subsection, or pecuniary loss under paragraph (l)(ii) of this
subsection.

(3)  If the victim has been fully compensated for the
victim's loss by a third-party payor, the court may order
restitution to the third-party payor. Otherwise, payment of
restitution to the victim has priority over payment of
restitution to the third-party payor.

(4)  Payment of restitution to the victim under this
subsection has    priority over payment of restitution to the
Department of    Health and Mental Hygiene or other governmental
entity.

(c)  When an order of restitution has been entered pursuant
to subsection (b), compliance with the 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 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 paid by the defendant.

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

(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.