Ch. 475                                        1994 LAWS OF MARYLAND

[(4)] (5) If the victim has been fully compensated for the victim's loss by a
third-party payor, the court may issue an order of restitution directing the defendant to
pay restitution to the third-party payor. Otherwise, payment of restitution to the victim
has priority over payment of restitution to the third-party payor.

[(5)](6) 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)](7) 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:

(1) COMPLIANCE with the order may SHALL be made as a sentence or AND,
IF PROBATION IS ORDERED, AS A condition of probation; AND .

(2) THE COURT SHALL REQUIRE THE DEFENDANT TO PROVIDE. THE
DEFENDANT'S SOCIAL SECURITY NUMBER TO THE DIVISION IN ORDER TO
FACILITATE THE COLLECTION OF RESTITUTION.

(1) COMPLIANCE WITH THE ORDER:

(I) MAY BE MADE AS A SENTENCE; AND

(II) SHALL BE A CONDITION OF PROBATION, IN ADDITION TO A
SENTENCE, IF PROBATION IS ORDERED; AND

(2) SUBJECT TO FEDERAL LAW, THE DEPARTMENT OF PUBLIC SAFETY AND
CORRECTIONAL SERVICES SHALL OBTAIN THE SOCIAL SECURITY NUMBER OF THE
DEFENDANT TO FACILITATE THE COLLECTION OF RESTITUTION

(d)      (1) Restitution shall be made by the defendant to the Division of Parole and
Probation under the terms and conditions of the order of restitution.

(2)      The Division shall keep records of any payments or return of property in
satisfaction of the order of restitution.

(3)      The Division shall forward any property or payments in accordance with
the court's order of restitution 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 of restitution to pay for administrative costs of collecting payments
or property. These fees shall be paid by the defendant.

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