Ch. 475

1994 LAWS OF MARYLAND

(3) (i) Restitution payments to the victim have priority over restitution
payments to a third party payor.

(ii) If the victim has been compensated for the victim's loss by a third-
party payor, the court may order restitution payments to the third party payor in the
amount that the third party payor compensated the victim.

. (4) . Payment of restitution to a victim under this section has priority over
payment of restitution to' any governmental entity.                         

(b)     Considering the age and circumstances of a child, the court may order the
child to make restitution to the wronged person personally.

(c)     (1) A judgment rendered under this section may not exceed:

(i) As to property stolen, destroyed, converted, or unlawfully
obtained, the lesser of the fair market value of the property or $5,000;

(ii) As to property damaged, or substantially decreased in value, the
lesser of the amount of. damage or the decrease in value of the property not to exceed the
fair market value of the property or $5,000; and         

(iii) As to personal injuries inflicted, the lesser of the actual medical,
dental, hospital, funeral, and burial expenses incurred by the injured person as a result of
the injury or $5,000.                                                                                              

(2) As an absolute limit against any one child, his parents, or both, a
judgment rendered under this section may not exceed $5,000 for all acts arising out of a
single incident.

(d)     [(1)]A restitution hearing to determine the liability of a parent, a child, or
both, shall be held not later than 30 days after the disposition hearing and may be
extended by the court for good cause.

[(2) (i) In a restitution hearing held under this section, a written statement
or bill for medical, dental, hospital, funeral, or burial expenses shall be prima facie
evidence that the amount indicated on the written statement or bill represents a fair and
reasonable charge for the services or materials provided.

(ii) The burden of proving that the amount indicated on the written
statement or bill is not fair and reasonable shall be on the person challenging the fairness
and reasonableness of the amount.]                                         

(e)     A judgment of restitution against a parent may not be entered unless the
parent has been afforded a reasonable opportunity to be heard and to present
appropriate evidence in his behalf. A hearing under this section may be held as part of an
adjudicatory or disposition hearing for the child.

(f)      The judgment may be enforced in the same manner as enforcing monetary
judgments.                                                                    

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