WILLIAM DONALD SCHAEFER, Governor                            Ch. 475

(1)      COLLECT ANY DELINQUENT RESTITUTION ACCOUNT___IN

ACCORDANCE WITH TITLE 3, SUBTITLE 3 OF THE STATE FINANCE AND
PROCUREMENT ARTICLE; AND

(2)      CERTIFY ANY DEFENDANT WHO IS IN ARREARS ON RESTITUTION
PAYMENTS AMOUNTING TO MORE THAN $25 $30 UNDER THE ORDER OF
RESTITUTION:

(1) (I) TO THE COMPTROLLER FOR INCOME TAX REFUND
INTERCEPTION IN ACCORDANCE WITH ARTICLE 19, §§ 43 THROUGH 46 OF THE CODE;

AND

(2) (II) TO THE STATE LOTTERY AGENCY FOR STATE LOTTERY PRIZE
INTERCEPTION IN ACCORDANCE WITH § 640B OF THIS ARTICLE.

(C) (1) THE CENTRAL COLLECTION UNIT MAY NOT COMPROMISE AND SETTLE
AN ORDER OF RESTITUTION UNLESS THE DIVISION OF PAROLE AND PROBATION
OBTAINS THE CONSENT OF THE VICTIM.

(2) THE DIVISION OF PAROLE AND PROBATION SHALL CONTACT THE
VICTIM TO SEE IF THE VICTIM CONSENTS TO COMPROMISE AND SETTLE AN ORDER OF
RESTITUTION.

(D) IF COMPLETE RESTITUTION AND INTEREST HAVE BEEN PAID OR AN ORDER
OF RESTITUTION HAS BEEN COMPROMISED AND SETTLED AS PROVIDED IN SUBSECTION
(C) OF THIS SECTION, THE DIVISION OR THE CENTRAL COLLECTION UNIT IMMEDIATELY
SHALL NOTIFY:

(1) THE COURT THAT ISSUED THE ORDER BY FILING THE STATEMENT AS
PROVIDED UNDER § 640(G)(3) OF THIS ARTICLE THAT THE JUDGMENT HAS BEEN
SATISFIED: AND

(2) THE LAST KNOWN EMPLOYER OF A DEFENDANT IN ORDER TO
TERMINATE AN EARNINGS WITHHOLDING ORDER ISSUED UNDER § 640C OF THIS
ARTICLE.

(E) (1) RESTITUTION MAY BE CONSIDERED DELINQUENT IF THE RESTITUTION
OR A RESTITUTION PAYMENT IS NOT PAID:

(I) BY THE DATE ORDERED BY THE COURT; OR

(II) IF NO DATE WAS ORDERED, THE LATTER OF:

1. THE DATE THE DIVISION DIRECTED THE DEFENDANT TO
PAY RESTITUTION OR MAKE A RESTITUTION PAYMENT; OR

2. 30 DAYS AFTER THE COURT ISSUED AN ORDER OF
RESTITUTION.

(2) IF RESTITUTION IS CONSIDERED DELINQUENT. THE AMOUNT OF THE
ARREARAGE IS THE AMOUNT OF RESTITUTION ORDERED PLUS ANY INTEREST AS
ALLOWED BY LAW REDUCED BY ANY AMOUNT PREVIOUSLY PAID OR RECEIVED UNDER
THE ORDER.

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