§ 12-25.1-4 - Awards of compensation from the criminal royalties fund.
SECTION 12-25.1-4
§ 12-25.1-4 Awards of compensation fromthe criminal royalties fund. – (a) A victim, his or her guardian, or in the case of a deceased victim, his orher legal representative, within three (3) years of the last payment to orrecovery by the criminal royalties fund of monies attributable to thecriminally responsible person whose portion of the fund is to be charged, maypetition the court for compensation from that portion of the fund. Notice ofthe action shall be accorded the criminally responsible person in the mannerand in the form prescribed by the court after filing of the petition. In theevent that the whereabouts of the criminally responsible person are neitherknown nor discoverable through diligent and reasonable inquiry, thecircumstance shall be made a matter of record by affidavit to the court. Thecriminally responsible person whose portion of the fund is to be charged shallhave the right to contest any petition pursuant to this section.
(b) No award of compensation may be entered unless the court,sitting without a jury, finds that:
(1) The victim did suffer personal injury or loss of propertyas a result of conduct in this state in perpetration of a criminal offense bythe criminally responsible person whose portion of the fund is to be charged;
(2) That the victim was not a co-conspirator with or anaccessory to the criminally responsible person in the perpetration of thecriminal offense;
(3) That the person whose portion of the fund is to becharged has been convicted of the criminal offense or otherwise determined tobe the criminally responsible person within the meaning of this chapter; and
(4) The portion of the criminal royalties fund sought to becharged is attributable to the criminally responsible person shown to havecaused the victim's personal injury.
(c) The court may award compensation:
(i) To or on behalf of the victim, or his or her guardian;
(ii) In the case of the personal injury of the victim, wherethe compensation is for pecuniary loss suffered or expenses incurred by anyperson responsible for the maintenance of the victim, to that person; or
(iii) In the case of the death of the victim, to or for thebenefit of the dependents or closest relative of the deceased victim, or anyone or more of those dependents, or to the legal representative of the victim.
(2) An award of compensation shall be limited to:
(i) Expenses actually and reasonably incurred as a result ofthe personal injury or death of the victim;
(ii) Pecuniary loss to the personally injured victim or thedependents of the deceased victim;
(iii) Pain and suffering of the personally injured victim;
(iv) Any other pecuniary loss resulting from the personalinjury or death of the victim, the amount of which the court finds upon theevidence to be reasonable and necessary; and
(v) The amount of the fair market value of the lost or stolenproperty.
(3) In determining the amount of an award, the court mayconsider any circumstances it determines to be relevant, including the behaviorof the victim which directly or indirectly contributed to his or her injury ordeath or loss of property, unless the injury or death resulted from thevictim's lawful attempt to prevent the commission of a crime or to apprehend acriminally responsible person. No interest shall be included in or added to anaward of compensation under this chapter. No compensation shall be awarded ifthe victim was at the time of the personal injury or death or loss of propertyof the victim living with the criminally responsible person as his wife or herhusband or in other situations, when the court, in its discretion, feels unjustenrichment to or on behalf of the criminally responsible person would result.Compensation under this chapter shall not be awarded to any victim or dependentrelative or legal representative if the award would, directly or indirectly,inure to the benefit of the criminally responsible person.
(d) Upon certification by the court, the general treasurershall pay to the person named in the award the amount specified in it from theappropriate portion of the criminal royalties fund.