PARRIS N. GLENDENING, Governor

Ch. 311

(3) (4) A court need not issue [an order] A JUDGMENT of restitution
under this section if the court finds [good]:

(I) THAT THE DEFENDANT OR LIABLE PARENT DOES NOT HAVE
THE ABILITY TO PAY THE JUDGMENT OF RESTITUTION; OR

(II) GOOD cause to establish extenuating circumstances as to why [an
order] A JUDGMENT of restitution is inappropriate in a case.

(4) (5) The court may order that restitution be made to:

(i) The victim;

(ii) The Department of Health and Mental Hygiene, the Criminal
Injuries Compensation Board, or any other governmental entity; or

(iii) A third-party payor, including an insurer, which has made
payment to the victim to compensate the victim for a property loss or pecuniary loss under
this subsection.

(5) (6) If the victim has been fully compensated for the victim's loss by a
third-party payor, the court may issue [an order] A JUDGMENT of restitution directing
the defendant OR LIABLE PARENT 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.

(6) (7) 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.

(7) (8) 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)] (B) When [an order] A JUDGMENT of restitution has been entered under
subsection [(b)] (A) of this section:

(1) Compliance with the [order] JUDGMENT OF RESTITUTION:

(i) May be [made as a sentence; and] REQUIRED IN THE
JUDGMENT OF CONVICTION OR DISPOSITION IN A JUVENILE DELINQUENCY CASE:

(ii) [Shall] IF PROBATION IS ORDERED, SHALL be a condition of
[probation,] PROBATION:

1. in addition to a [sentence, if probation is ordered; and]
SENTENCE OR DISPOSITION, OR

2. IN LIEU OF A SENTENCE IF THE PROBATION IS ORDERED
BEFORE JUDGMENT UNDER § 641 OF THIS ARTICLE; AND

(III) IF WORK RELEASE IS ORDERED, SHALL BE A CONDITION OF
WORK RELEASE.

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