Ch. 312

1997 LAWS OF MARYLAND

(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.

(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;

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