Ch. 311

1997 LAWS OF MARYLAND

(2) Subject to federal law, the Department of Public Safety and Correctional
Services OR THE DEPARTMENT OF JUVENILE JUSTICE shall obtain the Social Security
number of the defendant OR LIABLE PARENT to facilitate the collection of restitution.

[(d)] (C) (1) Restitution shall be made by the defendant OR LIABLE PARENT to
the Division [of Parole and Probation] OR THE DEPARTMENT OF JUVENILE JUSTICE
under the terms and conditions of the [order] JUDGMENT of restitution,

(2) The Division OR THE DEPARTMENT OF JUVENILE JUSTICE shall keep
records of any payments or return of property in satisfaction of the [order] JUDGMENT
of restitution.

(3) The Division OR THE DEPARTMENT OF JUVENILE JUSTICE shall
forward any property or payments in accordance with the [court's order] JUDGMENT 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 OR THE DEPARTMENT OF JUVENILE JUSTICE may assess
additional fees not to exceed 2 percent of the amount of the [order] JUDGMENT of
restitution to pay for administrative costs of collecting payments or property. These fees
shall be paid by the defendant OR LIABLE PARENT.

[(e)] (D) (1) When a defendant OR LIABLE PARENT fails to make restitution as
ordered, the Division OR THE DEPARTMENT OF JUVENILE JUSTICE shall notify the
court.

(2) The court may hold a hearing to determine if the defendant OR LIABLE
PARENT is in contempt of court or has violated the terms of the probation.

(3) If the court finds that the defendant OR LIABLE PARENT intentionally
became impoverished to avoid payment of the restitution, the court may find the
defendant in CONTEMPT OF COURT OR IN violation of probation.

[(f)] (E) [An order] A JUDGMENT 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 OR LIABLE PARENT. A civil verdict shall be reduced by the
amount paid under the criminal [restitution order] JUDGMENT OF RESTITUTION.

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

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

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