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Section 11-601 – Defined Terms

    (a)    In Part I of this subtitle the following words have the meanings indicated.     (b)    “Central Collection Unit” means the Central Collection Unit in the Department of Budget and Management.     (c)    “Child” means a person under the age of 18 years.     (d)    (1)    “Crime” means an act committed by a person in the State that is a crime under:             (i)    common […]

Section 11-602 – Persons Who May Act on Behalf of Victim

    On conviction, the finding of a delinquent act, acceptance of a plea of nolo contendere, or imposition of probation before judgment for a crime under § 10-404 of the Criminal Law Article, the following persons may act on behalf of a victim:         (1)    the owner of the burial site; and         (2)    a person related by blood or […]

Section 11-603 – Restitution Determination

    (a)    A court may enter a judgment of restitution that orders a defendant or child respondent to make restitution in addition to any other penalty for the commission of a crime or delinquent act, if:         (1)    as a direct result of the crime or delinquent act, property of the victim was stolen, damaged, destroyed, converted, or unlawfully […]

Section 11-604 – Payers of Restitution

    (a)    Subject to subsection (b) of this section and notwithstanding any other law, if a child is the defendant or child respondent, the court may order the child, the child’s parent, or both to pay restitution.     (b)    A judgment of restitution for $10,000 issued under Part I of this subtitle is the absolute limit for each child’s […]

Section 11-605 – When Restitution Need Not Be Ordered

    (a)    A court need not issue a judgment of restitution under Part I of this subtitle if the court finds:         (1)    that the restitution obligor does not have the ability to pay the judgment of restitution; or         (2)    that there are extenuating circumstances that make a judgment of restitution inappropriate.     (b)    A court that refuses to order restitution that […]

Section 11-606 – Payment of Restitution

    (a)    The court may order that restitution be paid to:         (1)    the victim;         (2)    the Maryland Department of Health, the Criminal Injuries Compensation Board, or any other governmental unit;         (3)    a third–party payor, including:             (i)    an insurer; or             (ii)    any other person that has, under Part I of this subtitle:                 1.    compensated the victim for a property or pecuniary loss; or                 2.    paid […]

Section 11-607 – Compliance With Restitution Judgment

    (a)    (1)    When a judgment of restitution has been entered under § 11–603 of this subtitle, compliance with the judgment of restitution:             (i)    may be a requirement in the judgment of conviction or disposition in a juvenile delinquency proceeding;             (ii)    if work release is ordered or allowed, shall be a condition of work release; and             (iii)    if probation is ordered, […]

Section 11-608 – Recording and Indexing of Judgment

    (a)    A judgment of restitution is a money judgment in favor of the person, governmental unit, or third-party payor to whom the restitution obligor has been ordered to pay restitution.     (b)    The judgment of restitution may be enforced by the person, governmental unit, or third-party payor to whom the restitution obligor has been ordered to pay restitution […]

Section 11-609 – Judgment of Circuit Court

    (a)    A judgment of restitution that a circuit court orders under Part I of this subtitle shall be recorded and indexed in the civil judgment index by the clerk of the circuit court as a money judgment as the Maryland Rules provide.     (b)    A judgment of restitution that is recorded and indexed in the civil judgment index […]

Section 11-610 – Judgment of District Court

    (a)    (1)    Except as provided in paragraph (2) of this subsection, the provisions of this section do not apply in Baltimore City.         (2)    In Baltimore City, a judgment of restitution shall:             (i)    be entered, indexed, and recorded under Maryland Rule 3-601; and             (ii)    constitute a lien as provided under Maryland Rule 3-621(b).         (3)    A judgment of restitution that the District Court […]

Section 11-611 – No Costs for Recording or Indexing

    A court may not assess costs on a person or governmental unit to whom a restitution obligor has been ordered to pay restitution:         (1)    for recording and indexing an order of restitution as a money judgment in the court in which the judgment of restitution was issued;         (2)    for recording and indexing a notice of lien that […]

Section 11-612 – Termination of Judgment or Probation

    (a)    (1)    If a District Court decides to terminate a probation before a judgment of restitution has been recorded and indexed as a money judgment, the court shall direct the Clerk of the Court:             (i)    to record and index the judgment of restitution as a money judgment and forward a notice of lien to the circuit court of […]

Section 11-613 – Stay of Execution of Sentence

    (a)    Notwithstanding any other provision of Part I of this subtitle and except as provided in subsection (b) of this section, a victim or other person or governmental unit may not execute on a judgment recorded and indexed under Part I of this subtitle if the restitution obligor:         (1)    files a motion under the Maryland Rules to […]

Section 11-614 – Notification of Victims of Right to Restitution

    (a)    If practicable, the State’s Attorney should:         (1)    notify an eligible victim of the victim’s right to request restitution; and         (2)    help the victim to prepare the request and advise the victim as to the steps for collecting restitution that is awarded.     (b)    If a victim cannot be located, all money collected from a judgment of restitution shall be […]

Section 11-615 – Legally Sufficient Evidence at Restitution Hearing

    (a)    In a restitution hearing held under § 11-603 of this subtitle, a written statement or bill for medical, dental, hospital, counseling, funeral, or burial expenses is legally sufficient evidence of the amount, fairness, and reasonableness of the charges and the necessity of the services or materials provided.     (b)    A person who challenges the fairness and reasonableness […]

Section 11-616 – Overdue Restitution

    (a)    The Division or the Department of Juvenile Services:         (1)    in addition to other actions authorized under Part I of this subtitle, may refer an overdue restitution account for collection to the Central Collection Unit; and         (2)    if probation or other supervision is terminated and restitution is still owed, shall refer the overdue restitution account for collection to […]

Section 11-617 – Earnings Withholding Orders

    (a)    (1)    If a court issues a judgment of restitution under § 11-603 of this subtitle, the court may enter an immediate and continuing earnings withholding order in an amount sufficient to pay the restitution.         (2)    The court may enter the order:             (i)    at the sentencing or disposition hearing;             (ii)    when the defendant or child respondent is placed on work […]

Section 11-618 – State Lottery Interception

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Agency” means the State Lottery and Gaming Control Agency.         (3)    “Video lottery facility” has the meaning stated in § 9–1A–01 of the State Government Article.         (4)    “Video lottery operation licensee” has the meaning stated in § 9–1A–01 of the State Government Article.     (b)    A certification of arrearage on […]

Section 11-619 – Scope of Authority of Court

    (a)    Subject to subsection (b) of this section, any order of restitution made by a court shall be governed by the provisions of this subtitle.     (b)    This subtitle may not be construed to limit the authority of a court to direct a defendant or a child found to have committed a delinquent act to make restitution or […]