Ch. 487

LAWS OF MARYLAND

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

(2)  The court [may] SHALL 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 UNDER THIS SECTION CONSTITUTES A LIEN
IN THE AMOUNT OF THE JUDGMENT ON THE REAL PROPERTY OF THE PERSON

CONVICTED.

(4) A LIEN UNDER THIS SUBSECTION APPLIES:

(I) FROM THE DATE OF RECORDING IN THE CIVIL
JUDGMENT INDEX; AND

(II) ONLY TO REAL PROPERTY LOCATED IN THE
COUNTY OF RECORDING, WHETHER RECORDED IN THE COUNTY OF ENTRY OR
IN ANOTHER COUNTY UNDER MARYLAND RULE 2-623(A).

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

(I) FROM THE DATE OF RECORDING IN THE CIVIL

JUDGMENT INDEX AS PRESCRIBED UNDER PARAGRAPH (2) OF THIS
SUBSECTION; AND

(II) ON REAL PROPERTY LOCATED IN THE COUNTY OF
RECORDING, WHETHER RECORDED IN THE COUNTY OF ENTRY OR IN ANOTHER
COUNTY UNDER MARYLAND RULE 2-623(A).------------------------------

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