PARRIS N. GLENDENING, Governor

Ch. 312

(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;

(2) The [order] JUDGMENT of restitution may be enforced by the
individual, governmental entity, or third-party payor to whom the defendant OR LIABLE
PARENT 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 OR LIABLE PARENT 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)] (G) (1) [An order] A JUDGEMENT JUDGMENT 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.

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