Ch. 585

1996 LAWS OF MARYLAND

(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.

(e)     (1) When a defendant fails to make restitution as ordered, the Division shall
notify the court.

(2)     The court may 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] .

(f)     An order of restitution may not preclude the owner of the property or the
victim who suffered personal physical or mental injury or out-of-pocket loss of earnings
or support from proceeding in a civil action to recover damages from the defendant. A
civil verdict shall be reduced by the amount paid under the criminal restitution order.

(g)     If an order of restitution requiring the payment of money is recorded and
indexed in the civil judgment index under subsection (h) or subsection (i) of this section:

(1)     The order of restitution shall constitute a money judgment in favor of
the individual, governmental entity, or third-party payor to whom the defendant has been
ordered to pay restitution;

(2)     The order of restitution may be enforced by the individual,
governmental entity, or third-party payor to whom the defendant has been ordered to pay
restitution in the same manner as a money judgment in a civil action; and

(3)     Except as otherwise expressly provided by this section, an individual,
governmental entity, or third-party payor to whom a defendant has been ordered to pay
restitution shall have all the rights and obligations of a money judgment creditor under
the Maryland Rules, including the obligation to file a statement that the judgment has
been satisfied under Rule 2-626 or Rule 3-626 on receiving all amounts due under the
judgment.                                           

(h) (1) An order of restitution that is issued by a circuit court under this section
shall be recorded and indexed in the civil judgment index by the clerk of the circuit court
as a money judgment as prescribed by the Maryland Rules.

(2) An order of restitution that is recorded and indexed in the civil
judgment index as a money judgment under paragraph (1) of this subsection:

- 3348 -