State v. Garnett, 384 Md. 466, 863 A.2d 1007 (2004)

Defendant was not found guilty of malicious destruction of property but was not criminally responsible due to a mental disorder, and she was ordered to pay restitution for property damage to police cars. After defendant filed for bankruptcy, the State filed a writ of garnishment of wages against defendant, and defendant asserted the restitution judgment was discharged in bankruptcy. The Circuit Court, Wicomico County, Beckstead, J., found in favor of defendant and discharged the judgment. The State appealed.  After issuing a writ of certiorari, the Court of Appeals, Battaglia, J., held that (1) restitution ordered against defendant was a criminal penalty and (2) restitution was not dischargeable in bankruptcy.  Reversed and remanded.