VETOES

restitution to the victim has priority over payment of
restitution to the third-party payor.

[(4)] (5) 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.

(6) IF RESTITUTION IS REQUESTED UNDER THIS SUBSECTION
AND THE COURT DOES NOT ORDER RESTITUTION, THE COURT SHALL STATE,
ON THE RECORD, THE COURT'S REASONS FOR NOT ORDERING RESTITUTION.

(c)  When an order of restitution has been entered pursuant
to subsection (b) OF THIS SECTION, compliance with the order may
be made as a sentence or condition of probation or parole.

(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 paid by the defendant.

(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.

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