(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 obtained, or its value substantially decreased;
(2) as a direct result of the crime or delinquent act, the victim suffered:
(i) actual medical, dental, hospital, counseling, funeral, or burial expenses or losses;
(ii) direct out–of–pocket loss;
(iii) loss of earnings; or
(iv) expenses incurred with rehabilitation;
(3) the victim incurred medical expenses that were paid by the Maryland Department of Health or any other governmental unit;
(4) a governmental unit incurred expenses in removing, towing, transporting, preserving, storing, selling, or destroying an abandoned vehicle as defined in § 25–201 of the Transportation Article;
(5) the Criminal Injuries Compensation Board paid benefits to a victim; or
(6) the Maryland Department of Health or other governmental unit paid expenses incurred under Subtitle 1, Part II of this title.
(b) A victim is presumed to have a right to restitution under subsection (a) of this section if:
(1) the victim or the State requests restitution; and
(2) the court is presented with competent evidence of any item listed in subsection (a) of this section.
(c) (1) A judgment of restitution does not preclude the property owner or the victim who suffered personal physical or mental injury, out–of–pocket loss of earnings, or support from bringing a civil action to recover damages from the restitution obligor.
(2) A civil verdict shall be reduced by the amount paid under the criminal judgment of restitution.
(d) In making a disposition on a finding that a child at least 13 years old has committed an act of graffiti under § 6–301(d) of the Criminal Law Article, the court shall order the child to perform community service or pay restitution or both.
Structure Maryland Statutes
Title 11 - Victims and Witnesses
Subtitle 6 - Restitution and Other Payments
Section 11-601 - Defined Terms
Section 11-602 - Persons Who May Act on Behalf of Victim
Section 11-603 - Restitution Determination
Section 11-604 - Payers of Restitution
Section 11-605 - When Restitution Need Not Be Ordered
Section 11-606 - Payment of Restitution
Section 11-607 - Compliance With Restitution Judgment
Section 11-608 - Recording and Indexing of Judgment
Section 11-609 - Judgment of Circuit Court
Section 11-610 - Judgment of District Court
Section 11-611 - No Costs for Recording or Indexing
Section 11-612 - Termination of Judgment or Probation
Section 11-613 - Stay of Execution of Sentence
Section 11-614 - Notification of Victims of Right to Restitution
Section 11-615 - Legally Sufficient Evidence at Restitution Hearing
Section 11-616 - Overdue Restitution
Section 11-617 - Earnings Withholding Orders