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Session Laws, 1994
Volume 773, Page 2276   View pdf image
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Ch. 475                                        1994 LAWS OF MARYLAND

(3) An individual, governmental entity, or third-party payor may not
execute on a judgment recorded and indexed under this section until the time period has
expired in which a defendant may file any of the actions listed under items (1)(i) through
(v) of this subsection.                                                     

(m) (1) Notwithstanding any other provision of law, if the defendant is a child
who has been charged as an adult, the court may order the child, the child's parent, or
both to pay restitution to a victim.

(2)      As an absolute limit against any one child, the child's parents, or both,
an order of restitution issued under this section may not exceed $5,000 for all acts arising
out of a single incident.                                                             

(3). A court may not issue an order of restitution against a parent under this
section unless the parent has been afforded a reasonable opportunity to be heard and to
present appropriate evidence on the parent's behalf. A hearing under this section may be
held as part of the criminal proceeding against the child.

(N) THE STATE'S ATTORNEY SHALL SHOULD, IF PRACTICABLE, NOTIFY ANY
ELIGIBLE VICTIM OF THE RIGHT TO REQUEST RESTITUTION AND, IF REQUESTED BY
THE VICTIM,
PROVIDE ASSISTANCE IN THE PREPARATION OF THE REQUEST AND
ADVICE AS TO THE STEPS THAT A VICTIM MAY TAKE TO COLLECT ANY RESTITUTION
THAT IS AWARDED.

640A.                                                                              

(A) (1) EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (3) OF THIS
SUBSECTION, A RESTITUTION PAYMENT SHALL BE CONSIDERED DELINQUENT IF
NOT RECEIVED WITHIN 30 DAYS AFTER THE ISSUANCE OF THE ORDER OF

RESTITUTION.

(2)      IF AN ORDER OF RESTITUTION PERMITS A DEFENDANT TO MAKE
INSTALLMENT PAYMENTS, THE RESTITUTION PAYMENT SHALL BE CONSIDERED
DELINQUENT IF ANY INSTALLMENT PAYMENT IS NOT RECEIVED WITHIN 30 DAYS OF
THE DAY ON WHICH IT IS REQUIRED TO BE MADE UNDER THE ORDER.
           

(3) IF A DEFENDANT REQUESTS TO STAY THE EXECUTION OF A
SENTENCE OR AN ORDER OF RESTITUTION AND CHALLENGES THE CONVICTION,
SENTENCE, OR ORDER OF RESTITUTION AS' AUTHORIZED BY § 640(L) OF THIS
ARTICLE, AND A COURT GRANTS THE DEFENDANT'S REQUEST TO STAY, THE FULL
RESTITUTION PAYMENT OR INSTALLMENT PAYMENT, AS APPROPRIATE, SHALL BE
CONSIDERED DELINQUENT IF NOT RECEIVED WITHIN 30 DAYS AFTER A COURT
ISSUES A FINAL JUDGMENT UPHOLDING THE CONVICTION, SENTENCE, OR ORDER
OF RESTITUTION.

(B) IN ADDITION TO TAKING ANY ACTION AUTHORIZED UNDER § 640 OF THIS
ARTICLE, THE DIVISION OF PAROLE AND PROBATION MAY REFER A DELINQUENT
RESTITUTION ACCOUNT TO THE CENTRAL COLLECTION UNIT IN THE DEPARTMENT
OF BUDGET AND FISCAL PLANNING FOR COLLECTION.

(C) (B) SUBJECT TO THE PROVISIONS OF SUBSECTION (C) OF THIS. SECTION,
THE CENTRAL COLLECTION UNIT MAY:

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Session Laws, 1994
Volume 773, Page 2276   View pdf image
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