- § 9001
- § 9002
- § 9003
- § 9004
- § 9005
- § 9006
- § 9007
- § 9008
- § 9009
- § 9010
- § 9011
- § 9012
- § 9013
- § 9014
- § 9015
- § 9016
- § 9017
- § 9018
- § 9019
- § 9020
- § 9021
- § 9022
- § 9023
- § 9024
- § 9025
Crimes and Criminal Procedure
Victims of Crimes
CHAPTER 90. Compensation for Innocent Victims of Crime
The General Assembly hereby declares that it serves a purpose, and is of benefit to the State, to indemnify those persons who are victims of crimes committed within the State or Delaware victims of terrorist acts, and it is therefore the declared purpose of this chapter to promote the public welfare by establishing a means of meeting the additional hardships imposed upon the innocent victims of certain crimes, and the families and dependents of those victims.59 Del. Laws, c. 519, § 1; 60 Del. Laws, c. 436, § 1; 73 Del. Laws, c. 250, § 1; 77 Del. Laws, c. 193, § 1;
For purposes of this chapter:
(1) “Agency” means the Victims’ Compensation Assistance Program.
(2) “Appeals Board” means the Victims’ Compensation Assistance Program Appeals Board.
(3) “Child” means an unmarried person who is under 18 years of age, and includes the stepchild, foster child, or adopted child of the victim, or child conceived before, but born after, the personal injury or death of the victim.
(4) “Claimant” means victim, secondary victim, dependent, or any other person filing a claim under § 9012 of this title on behalf of a victim, secondary victim, or dependent.
(5) “Council” means the Victims’ Compensation Assistance Program Advisory Council.
(6) “Crime” means any of the following:
a. Any specific offense set forth in Chapter 5 of this title, if the offense was committed after July 1, 1973, and contains the characteristics of murder, rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, manslaughter, assault, kidnapping, arson, burglary, riot, robbery, unlawful use of explosives, unlawful use of firearms, stalking, or endangering the welfare of a child.
b. Any specific offense set forth in former Chapter 3 of this title, if such offense was committed prior to July 1, 1973, and contains the characteristics of murder, rape or any other sexual assault or sexual abuse, manslaughter, assault, kidnapping, arson, burglary, robbery, riot, unlawful use of explosives, or unlawful use of firearms.
c. Any specific offense occurring in another state, possession, or territory of the United States or in violation of the United States Criminal Code, in which a person whose domicile is in Delaware is a victim, if the offense contains the characteristics of murder, rape or any other sexual assault or sexual abuse, manslaughter, assault, kidnapping, arson, burglary, riot, robbery, unlawful use of explosives, or unlawful use of firearms as set forth in Chapter 5 of this title.
d. Any specific act of delinquency by a child, which if committed by an adult would constitute a specific offense set forth in Chapter 5 of this title, and contains the characteristics of murder, rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, manslaughter, assault, kidnapping, arson, burglary, robbery, riot, unlawful use of explosives, or unlawful use of firearms.
e. An act of terrorism, as defined in 18 U.S.C. § 2331, committed outside, or inside, the United States against a resident or domiciliary of this State.
f. Any offense under the Criminal Code or the Motor Vehicle Code containing as an element the act of driving under the influence of alcohol or any drug or driving with a prohibited blood alcohol concentration, vehicular homicide in any degree, vehicular assault in any degree, operation of a motor vehicle causing death, leaving the scene of an accident involving personal injury, or operation of a vehicle causing serious physical injury to a vulnerable user.
g. Any act that contains the characteristics of domestic violence or abuse.
h. Any act that contains the characteristics of human trafficking as defined in § 787 of this title.
(7) “Dependent” used as a noun, means a person wholly or substantially dependent on the income of the victim at the time of victim’s death, or would have been so dependent but for the incapacity of the victim due to the injury from which the death resulted, and includes a child born after the death of the victim.
(8) “Executive Director” means the executive director of the Agency, except in § 9003 of this title.
(9) “Guardian” means any person, governmental instrumentality, or private organization who is entitled by law or legal appointment to care for and manage the person or property, or both, of a child or person who is incapacitated.
(10) “Pecuniary loss” means any expenses actually and necessarily incurred as a result of personal injury or death resulting from a crime, but it does not include property damage. “Pecuniary loss” includes the following, except that for secondary victims, “pecuniary loss” means what is in paragraphs (10)d. and (10)o. of this section, and for claimants in homicide cases, “pecuniary loss” means what is in paragraphs (10)b., (10)c., (10)d., (10) f., (10)h., (10)o., (10)s., (10)t., and (10)u. of this section:
a. Crime scene cleanup not to exceed $1,000.
b. Temporary housing not to exceed $1,500.
c. Moving expenses not to exceed $1,000.
d. Essential personal safety property not to exceed $1,500.
e. Lost wages of parents or others charged with the care, custody, or guardianship of a victim while providing care to the victim.
f. Reasonable expenses, other than counseling of secondary victims where the victim has been killed by the act of a person during the commission of a crime, not to exceed $1,000.
g. The deductible under a policy of automobile insurance where a motor vehicle is stolen in connection with a crime, not to exceed the amount of the deductible.
h. Housing-related expenses, including mortgage, rent, security deposit, or other housing costs and furniture not to exceed 3 times the claimant’s monthly prospective housing cost.
i. Loss of support for victims of violence, not to exceed $3,000, when all of the following are established:
1. The offender was gainfully employed or had other legal income at the time the crime was committed against the victim.
2. The victim is fully or partially dependent on the income of the offender.
3. The victim no longer has that income from the offender.
j. Compensation for towing and impoundment expenses incurred as a direct result of a crime.
k. The cost to change locks and replace items seized as evidence.
l. Child care not to exceed the deposit plus 2 months of care by a state-approved or licensed day care provider.
m. Reimbursement for reasonable expenses incurred due to attendance at criminal proceedings as a witness for the prosecution.
n. Medical expenses.
o. Psychiatric care and mental health counseling.
p. Nonmedical remedial care and treatment rendered in accordance with a religious method of healing.
q. Hospital expenses.
r. Loss of past or future earnings, including reimbursement for vacation, sick, and compensatory time, because of a disability resulting from personal injury.
s. Funeral expenses not to exceed $5,000.
t. Burial expenses not to exceed $2,500.
u. Loss of support to the dependents of a victim of homicide.
(11) “Person who is incapacitated” means a person who is incapable of managing the person’s own affairs, as determined by the Agency or by a court of competent jurisdiction.
(12) “Personal injury” means bodily harm, mental, emotional or psychological harm, or includes pregnancy resulting from the crime.
(13) “Secondary victim” means any parent, stepparent, grandparent, son, daughter, spouse, sibling, half-sibling, fiance, caretaker of the victim, any child who resides on a regular or semi-regular basis with any adult who is the victim of, or convicted of, any crime involving an act of domestic violence, the parents of a victim’s spouse, or any person who resided in the victim’s household at the time of the crime or at the time of the discovery of the crime. For purposes of receiving mental health counseling only, this definition includes any person who discovers and reports a homicide.
(14) “Victim” means a person who sustains a personal injury or is killed by the act of any other person during the commission of a crime.59 Del. Laws, c. 519, § 1; 60 Del. Laws, c. 436, § 2; 66 Del. Laws, c. 262, § 1; 66 Del. Laws, c. 269, § 11; 67 Del. Laws, c. 71, § 1; 69 Del. Laws, c. 156, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 11, §§ 1, 2; 71 Del. Laws, c. 424, §§ 4, 6; 72 Del. Laws, c. 460, §§ 1-5, 19; 73 Del. Laws, c. 250, §§ 2, 3; 74 Del. Laws, c. 296, §§ 1-6; 76 Del. Laws, c. 360, § 1; 77 Del. Laws, c. 193, § 1; 78 Del. Laws, c. 103, §§ 6, 7; 79 Del. Laws, c. 276, § 2; 83 Del. Laws, c. 247, § 1;
(a) This hereby establishes within the Department of Justice, the Victims’ Compensation Assistance Program Advisory Council, hereafter “the Council,” consisting of 11 members with at-large members appointed by the Governor. Membership of the Council is as follows:
(1) The Attorney General or the Attorney General’s designee.
(2) The Chairperson of the Victim’s Rights Task Force or the Chairperson’s designee.
(3) The Chairperson of the Domestic Violence Task Force or the Chairperson’s designee.
(5) Seven at-large members with 1 member from the medical profession, 1 member from the mental health profession, 1 member who is a law-enforcement police-based advocate, and 1 member of the public each from the City of Wilmington, New Castle County, Kent County, and Sussex County.
(6) The Executive Director of the Delaware Alliance Against Sexual Violence or the Executive Director’s designee.
(b) The term of Council members appointed by the Governor is 3 years and terminates on the Governor’s appointment of a new member to the Council. A member shall continue to serve until that member’s successor is duly appointed but a holdover under this provision does not affect the expiration date of a succeeding term.
(c) In case of a vacancy on the Council before the expiration of a member’s term, a successor must be appointed by the Governor within 30 days of the vacancy for the remainder of the unexpired term.
(d) The Council shall elect 1 of its members as Chairperson to serve for a 1-year term and may be eligible for reelection.
(e) The Council shall meet at the call of the Chair but no fewer than 4 times a year.59 Del. Laws, c. 519, § 1; 60 Del. Laws, c. 436, § 3; 61 Del. Laws, c. 409, § 68; 65 Del. Laws, c. 268, § 2; 66 Del. Laws, c. 85, § 49; 67 Del. Laws, c. 208, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 460, § 21; 77 Del. Laws, c. 193, § 1; 83 Del. Laws, c. 247, § 2;
The Council shall have the following functions, powers and duties:
(1) To review and comment on such rules and regulations as are proposed by the Agency.
(2) To serve in an advisory capacity to the Agency and Appeals Board.
(3) Recommend adoption, amendment, or rescission of rules, regulations and policies implementing this chapter.
(4) In its discretion, prepare an independent annual report describing the Council’s activities.59 Del. Laws, c. 519, § 1; 66 Del. Laws, c. 261, § 1; 67 Del. Laws, c. 208, § 2; 77 Del. Laws, c. 193, § 1; 79 Del. Laws, c. 125, § 2;
(a) This hereby establishes the Victims’ Compensation Assistance Program, hereafter the “Agency,” which functions under the authority of the Department of Justice, and which has the sole jurisdiction over the awarding of compensation for claimants.
(b) Executive Director. —
The Executive Director must be appointed by and report to the Attorney General. The Executive Director shall manage the Agency staff and supervise the claims review process and payment of compensation to claimants.
(c) The Executive Director and staff shall support the Council and the Appeals Board.
(d) Staff. —
The Executive Director may employ staff and contract for services as necessary and authorized to carry out the purpose of the Agency, Council, and Appeals Board.77 Del. Laws, c. 193, § 1; 83 Del. Laws, c. 247, § 3;
The Agency, subject to the approval of the Department of Justice, has all of the following functions, powers, and duties:
(1) To meet and function at any place within the State.
(2) To obtain the services of other governmental agencies on request and to utilize those services when necessary.
(3) To receive, investigate, and determine awards, and to process for claims payment for applications filed under this chapter.
(4) To publish reports, information, and other data collected by the Agency.
(5) To annually render to the Governor and General Assembly a written report of the Agency’s activities and recommendations.
(6) To provide applications for purposes of this chapter and to specify the information to be included in the applications.
(7) To adopt, promulgate, amend, and rescind rules and regulations that are required to carry out this chapter.
(8) To reimburse other governmental agencies under this chapter for awards to claimants.
(9) To recover, through reimbursement by the criminal defendant, the full amount of compensation paid to claimants for crimes committed by the defendant.
(10) To recover, through reimbursement from claimants, funds received from other sources of payment, as set forth herein.
(11) To administer the Victims’ Compensation Fund established by this chapter.77 Del. Laws, c. 193, § 1; 79 Del. Laws, c. 125, § 2; 79 Del. Laws, c. 404, § 1; 83 Del. Laws, c. 247, § 4;
(a) There is hereby established the Victims’ Compensation Assistance Program Appeals Board, hereafter “Appeals Board”, which is composed of 5 members to be appointed by the Governor and confirmed by the Senate. No more than 3 members may be of 1 major political party. Appeals Board representation must reflect representation from all counties of the State.
(b) Members of the Violent Crimes Compensation Board serving on July 31, 2009, will become the members of the Appeals Board. They will serve the balance of their terms in accordance with the provisions of the statute in existence at the time of their last reappointment. Upon expiration of the current terms of the Appeals Board members, their compensation will be $100 per meeting. The compensation of all other Appeals Board members is $100 per meeting.
(c) The term of Appeals Board members is 3 years. A member shall continue to serve until that member’s successor is duly appointed but a holdover under this provision does not affect the expiration date of the succeeding term.77 Del. Laws, c. 193, § 1; 70 Del. Laws, c. 186, § 1; 83 Del. Laws, c. 247, § 5;
(a) The Appeals Board has the power and authority to meet and function in any place within the State.
(b) The Appeals Board has the power and authority to affirm, reverse, or modify the Agency’s claims decisions under the provisions of § 9012 of this title.77 Del. Laws, c. 193, § 1; 83 Del. Laws, c. 247, § 6;
A claimant, including an estate, may file a claim with the Agency for indemnification of all pecuniary loss:
(1) If a claim is approved, the award must be the amount of pecuniary loss minus the amount the claimant has received or will receive as indemnification from any other source, including any applicable insurance.
(2) In the event of a death caused by a crime, a person who legally or voluntarily assumes the obligation to pay the medical or burial expenses incurred as a direct result of the injury and death is eligible to file a claim with the Agency. This provision for payment in case of death does not apply to any insurer or public entity.
(3) The Agency is not compelled to provide compensation in any case, nor is it compelled to award the full amount claimed. The Agency may make its award of compensation dependent on conditions it deems desirable.
(7) Payment may be made in accordance with this chapter, whether or not the alleged perpetrator of the criminal act is prosecuted or convicted, in the discretion of the Agency. Payment may be made even though the person committing the crime is legally deemed to not have intended the act by reason of age, insanity, drunkenness, or is otherwise deemed legally incapable of mens rea.
(8) Upon determination of the Agency of the amount of compensation due, the Agency shall request payment be issued by the Delaware State Treasurer in accordance with the State of Delaware Budget and Accounting Manual or any succeeding document.
(9) A person whose domicile is in Delaware and who is the victim or secondary victim of a crime that occurs in another state, possession, or territory of the United States may make an application for compensation if both of the following are true:
a. The crimes would be compensable had they occurred in Delaware.
b. The placement of the crime occurred in states, possessions, or territories of the United States not having eligible crime victim compensation programs that provide benefits equal to the benefits provided under this chapter.
(10) Where compensation has been paid to a claimant, the Agency may not reopen or reinvestigate a case after 2 years from the date of the last payment by the Agency, or 1 year from the date the award was rendered if no payment has been made, except where the Agency in its discretion determines that the circumstances render this requirement unreasonable. Where compensation has been denied to a claimant, reopening and reinvestigation must be limited to the circumstances set forth in Superior Court Civil Rule 60.
(11) Notwithstanding the provision of paragraph (10) of this section and § 9010(a)(3), (4), and (5) of this title to the contrary, the Agency may make an award for the payment of mental health counseling services under this chapter on a claim made by the victim of a crime that occurred before the victim’s eighteenth birthday so long as the occurrence of the crime is appropriately documented, and the claim is filed before the victim’s twentieth birthday. The Agency may also, upon good cause shown, permit a victim whose claim had previously been decided by the Agency to request that such claim be reopened for the purpose of making an award for the payment for mental health counseling services, and the Agency may reopen or reinvestigate the case and award such compensation, if the victim had not yet reached that victim’s eighteenth birthday by the date of the Agency’s original decision, and provided that the request for reopening is filed before the victim’s twentieth birthday. However, the foregoing limitations in this paragraph (11) regarding the victim’s twentieth birthday do not apply in cases of crimes involving sexual assault or abuse.
(12) Notwithstanding any provision to the contrary, the Agency may not limit acceptance or consideration of any applications arising from sexual assault or abuse of a child which may have otherwise been barred from consideration by a statute of limitations.
(13) a. Notwithstanding the provisions of paragraph (10) of this section or any other provisions of this chapter to the contrary, if any of the following apply, a victim or secondary victim of the crime committed by the offender may apply for reimbursement as set forth in paragraph (13)b. of this section:
1. Further investigation into a previously reported crime is initiated by a law-enforcement agency.
2. An offender appears in any judicial or administrative proceeding regarding a criminal charge, conviction, or sentence, including a trial, appeal, postconviction relief, mediation, penalty, parole or pardon hearing.
3. The offender is released from incarceration.
4. The death penalty is imposed under § 4209 of this title.
b. A victim or secondary victim may apply for reimbursement of the following costs under the circumstances set forth in paragraph (13)a. of this section provided that the costs are incurred within 1 year before, or within 2 years after, the opening of the investigation, the date of the judicial or administrative proceeding, or the release or execution date of the offender:
1. The cost of mental health counseling services, not to exceed 50 sessions.
2. Reasonable expenses incurred due to attendance at criminal proceedings.
3. Expenses for essential personal safety property, not to exceed $1,500.
c. Any payments made under this paragraph (13) are subject to the provisions of § 9010 of this title with regard to denial and reduction of claims, and to § 9011 of this title with regard to payment.59 Del. Laws, c. 519, § 1; 60 Del. Laws, c. 436, §§ 4, 5; 65 Del. Laws, c. 268, § 1; 66 Del. Laws, c. 262, § 2; 68 Del. Laws, c. 35, § 1; 68 Del. Laws, c. 213, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 424, § 5; 72 Del. Laws, c. 460, §§ 6-8, 15; 74 Del. Laws, c. 296, §§ 7, 8; 76 Del. Laws, c. 360, §§ 2, 3; 77 Del. Laws, c. 193, § 1; 77 Del. Laws, c. 204, § 1; 78 Del. Laws, c. 103, §§ 1, 2; 83 Del. Laws, c. 247, § 7;
(a) The Agency shall deny payment of a claim for any of the following reasons:
(1) Where the claimant was the perpetrator of the crime on which the claim is based.
(2) Where the victim incurred the personal injury on which the claim is based through collusion with the perpetrator of the crime.
(3) Where the victim refused to give reasonable cooperation to state or local law-enforcement agencies in their efforts to apprehend or convict the perpetrator of the crime in question.
(4) Where the claim has not been filed within 1 year after the personal injury on which the claim in based, unless an extension is granted by the Agency or the Agency, in its discretion, determines that the circumstances render this requirement unreasonable.
(5) Where the victim has failed to report the crime to a law-enforcement agency within 72 hours of its occurrence. This requirement is waived in any of the following circumstances:
a. The crime has been reported to an appropriate governmental agency, such as child or adult protective services or the Family Court.
b. The victim can provide a protection from abuse order.
c. The victim has cooperated with law enforcement or an appropriate government agency in cases of crimes involving domestic violence, sexual assault or abuse.
d. Where the Agency, in its discretion, determines that the circumstances of the crime or the victim render this requirement unreasonable.
(6) Where the victim is injured as a result of that victim’s own suicide or attempted suicide, unless the suicide or attempted suicide is directly related to a prior criminal victimization for which compensation is eligible under this chapter.
(7), (8) [Repealed.]
(b) In determining whether or not to make an award under this chapter, or in determining the amount of any award, the Agency may consider any circumstances it deems to be relevant, including the behavior of the victim which directly or indirectly contributed to injury or death, unless such injury or death resulted from the victim’s lawful attempt to prevent the commission of a crime or to apprehend an offender.
(c) If the victim bears any share of responsibility that caused injury or death, the Agency shall reduce the amount of compensation in accordance with its assessment of the degree of such responsibility attributable to the victim. A claim may be denied or reduced if the victim of the personal injury in question, either through negligence or through wilful and unlawful conduct, substantially provoked or aggravated the incident giving rise to the injury.
(d) In no event may the Agency deny any claim solely because the victim was a child victim of sexual assault or abuse, and the victim either delayed reporting the abuse or assault to authorities or the victim delayed an application for services to mitigate the effects of the impact of sexual assault or abuse.59 Del. Laws, c. 519, § 1; 65 Del. Laws, c. 268, § 3; 68 Del. Laws, c. 35, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 18, §§ 1, 2; 72 Del. Laws, c. 460, §§ 9, 20; 74 Del. Laws, c. 296, §§ 9-12; 76 Del. Laws, c. 360, § 4; 77 Del. Laws, c. 193, § 1; 78 Del. Laws, c. 103, §§ 3-5; 83 Del. Laws, c. 247, § 8;
(a) Any person, regardless of age or mental condition, is entitled to make application for compensation under this chapter if the person is a claimant. In any instance in which the person entitled to make application is deemed by law to be a person who is incapacitated, the person may nevertheless appear in person or the application may be made on the person’s behalf by any person acting as a relative, guardian, or attorney. Every claimant making application is entitled to appear and be heard by the Agency in accordance with § 9012(b), (c), and (d) of this title.
(b) Except in cases of dire hardship, as determined by the Agency, there may not be payment of compensation where the claim is for less than $25. Awards may be paid in a lump sum, or in periodic payments as determined by the Agency. All payment is exempt from attachment, garnishment, or any other remedy available to creditors for the collection of a debt.
(c) The Agency may require any injured person filing a claim under this chapter to submit to a physical or mental examination by a physician selected by the Agency.
(d) Compensation may not be awarded under the chapter to a claimant in a total amount in excess of $25,000; provided, however, that the Agency may award compensation to victims who are permanently and totally disabled in an amount not to exceed $50,000.
(e) Although a person who is incapacitated may appear and press a claim before the Agency, payment of compensation may not be made directly to any person who is incapacitated but must be made to a third person for the benefit of the person who is incapacitated. In the case of any payment for the benefit of a child or person who is incapacitated, the Agency shall order the payee to file an accounting with the Agency no later than January 31 of each year for the previous calendar year, and to take such other action as the Agency may determine to be necessary and appropriate for the benefit of the child or person who is incapacitated.
(f) The Agency shall deduct from its award of compensation any payments received from the following by the claimant if the payment were in any manner made to compensate for the personal injury or death arising from the crime or incident giving rise to the claim:
(1) The offender.
(2) Any person on behalf of the offender.
(3) Any insurer.
(4) The United States or any state.
(5) The State of Delaware or any of its political subdivisions.
(g) In the event that payment of an award of compensation has been received by the claimant, and payments as set forth is subsection (f) of this section are received, the claimant is obligated to reimburse the Agency for the funds received, to the full extent of the compensation paid by the Agency.
(h) The Executive Director has authority to accept reimbursement of less than the full amount of compensation paid, but only in cases where the claimant is subjected to extreme hardship, as determined in the sole discretion of the Executive Director.
(i) The reimbursement provisions of subsections (f), (g), and (h) of this section do not apply to any life insurance proceeds.59 Del. Laws, c. 519, § 1; 60 Del. Laws, c. 436, § 6; 64 Del. Laws, c. 273, § 1; 67 Del. Laws, c. 84, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 460, §§ 10-12; 77 Del. Laws, c. 193, § 1; 78 Del. Laws, c. 103, § 8; 79 Del. Laws, c. 404, § 4; 83 Del. Laws, c. 247, § 9;
(a) All claims filed with the Agency must be in writing on the Agency’s provided claim form and signed by the claimant. The Agency shall initiate an investigation of the claim within 30 days of the filing of the claim. After this investigation, the Agency shall render a decision on whether or not to award compensation to the claimant. The Agency shall immediately mail a copy of its decision to the claimant, together with written notice of the claimant’s options for redress if dissatisfied with the Agency decision.
(b) If the claimant is dissatisfied with the Agency’s decision, the claimant may, within 30 days after the date the Agency decision is mailed, file a request for reconsideration of the claim. The request must include additional information from the claimant that supports the claim request. If the request is not timely made, then the Agency decision is final and not appealable to the Appeals Board or the Superior Court.
(c) If a reconsideration is timely requested, the Executive Director shall review the claimant’s information and render a final decision. This decision will immediately be mailed to the claimant, together with written notice of the claimant’s right to request an appeal.
(d) If the claimant is dissatisfied with the Agency’s final decision, the claimant may, within 30 days after the date the decision is mailed, request a hearing before the Appeals Board. If an appeal is timely requested, the Appeals Board shall fix the time and place for hearing the appeal. The Agency shall, at least 20 days before the time set for the hearing, mail notices of the time and place of the hearing to all interested persons and agencies. At the appeal hearing, the claimant may present evidence to the Appeals Board to show why the Agency’s decision should be reversed or modified. Within 90 days of the conclusion of all hearings on the matter, the Appeals Board shall mail to the claimant a statement of its final decision to award or deny the claim and a statement of any conditions under which the claim will be awarded. The Appeals Board may affirm, reverse, or modify the Agency’s decision.
(e) The claimant or the Agency, if dissatisfied by the Appeals Board’s decision concerning compensation or any conditions attached to the award of the compensation, may appeal to the Superior Court within 30 days following the date the decision of the Appeals Board is mailed to the appealing party. An appeal to Superior Court must be based on the record of the Appeals Board hearing.59 Del. Laws, c. 519, § 1; 60 Del. Laws, c. 436, §§ 7, 8; 68 Del. Laws, c. 239, §§ 1, 2; 72 Del. Laws, c. 460, §§ 13, 14, 16; 77 Del. Laws, c. 193, § 1; 83 Del. Laws, c. 247, § 10;
A claimant need not be represented by an attorney before the Appeals Board, but if such person is represented the Appeals Board may award an amount for services rendered. Such fees shall not exceed $1,000 or 15% of the amount awarded, whichever sum is less, and shall be in addition to the amount of compensation awarded to the claimant. An attorney shall not charge, demand, receive or collect for services rendered in connection with any proceedings under this chapter any amount other than awarded as attorneys’ fees under this section.59 Del. Laws, c. 519, § 1; 77 Del. Laws, c. 193, § 1;
(a) Whenever any person is convicted of an offense and a payment of compensation is, or has been, made under this chapter for a personal injury or death resulting from the act constituting such offense, the State may institute an action against such person for the recovery of the whole or any specified part of the compensation in any Superior Court within the State, or in any other court, either state or federal, if such court has custody or control of funds of the criminal or which may be awarded to the criminal. Any amounts recovered under this section shall be deposited to the fund which finances the administration of this chapter.
(b) Any payment of compensation under this chapter does not affect any right of any person to recover damages in a civil action from the person convicted of the offense giving rise to the claim for compensation.
(c) Whenever any person is sentenced for an offense and compensation has been paid under this chapter to a claimant, the Agency may assert a claim for reimbursement of the Victims’ Compensation Fund as restitution from the criminal defendant. In support of the reimbursement claim, the Agency shall submit an affidavit with supporting documentation to the sentencing court, setting forth all payments made to the claimant. Restitution may be awarded to the Agency. A hearing on restitution will be held on the timely request of the defendant. Where the compensation of the claimant is continuing, and the full amount of reimbursement due has not been established by the Agency, the affidavit may so state, and the sentencing court may reserve jurisdiction over any future claim for reimbursement to the Agency. Any supplemental claim for reimbursement to the Agency must be brought within 2 years of the sentencing date, or before the expiration of a term of probation imposed on the defendant for an offense giving rise to the claim for compensation, whichever date comes first. The courts shall establish procedures for determining the amount of reimbursement due to the Victims’ Compensation Fund from offenders.59 Del. Laws, c. 519, § 1; 77 Del. Laws, c. 193, § 1; 79 Del. Laws, c. 404, § 2; 83 Del. Laws, c. 247, § 11;
(a) Awards and recoveries granted under this chapter shall not be transferable or assignable, at law or in equity, and none of the money paid or payable under this chapter shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency law.
(b) There shall be no substitution or subrogation, whether conventional or legal, of any indebtedness or right of action by virtue of any claim of guarantee or surety, agency, lien, payments or advances made, or any claim made by the person convicted of the act giving rise to any compensation awarded under this chapter.59 Del. Laws, c. 519, § 1; 77 Del. Laws, c. 193, § 1;
(a) In addition to, and at the same time as, any fine is assessed to any criminal defendant or any child adjudicated delinquent, there must be levied an additional penalty of 18% of every fine, penalty, and forfeiture imposed and collected by the courts for crimes or offenses as defined in § 233 of this title, or $10 per offense of conviction, whichever is greater. Where multiple offenses are involved, the penalty assessment must be based on the total fine for all offenses. When a fine, penalty, or forfeiture is suspended, in whole or in part, the penalty assessment must not be suspended; provided, however, that if the penalty assessment herein imposed remains uncollected for a period in excess of 3 years, the courts may expunge the record of the assessment.
(b) Upon collection of the penalty assessment, the penalty assessment must be paid over to the prothonotary or clerk of court, as the case may be, who shall collect the penalty assessment and transmit it to the State Treasury to be deposited in a separate account for the administration of this chapter, which account must be designated the “Victims’ Compensation Fund,” which is hereby created. Beginning with the fiscal year ending June 30, 2002, the unencumbered balances on June 30 of each fiscal year in excess of $6,000,000 must be deposited in the General Fund.59 Del. Laws, c. 519, § 1; 60 Del. Laws, c. 436, § 9; 63 Del. Laws, c. 227, § 1; 67 Del. Laws, c. 71, § 2; 67 Del. Laws, c. 260, § 1; 68 Del. Laws, c. 213, § 2; 68 Del. Laws, c. 223, § 1; 73 Del. Laws, c. 312, § 36; 77 Del. Laws, c. 193, § 1; 79 Del. Laws, c. 125, § 3; 83 Del. Laws, c. 247, § 12;
The Department of Justice shall transmit to the Governor, State Auditor, and the General Assembly an annual report of the activity of the Agency under this chapter.59 Del. Laws, c. 519, § 1; 60 Del. Laws, c. 436, § 10; 69 Del. Laws, c. 250, § 1; 77 Del. Laws, c. 193, § 1; 83 Del. Laws, c. 247, § 13;
In any court of the State upon the conviction of any person or the adjudication of delinquency of any child for a crime resulting in the personal injury or death of another person, the court may, in addition to any other penalty, and in addition to reimbursement to the Victims’ Compensation Fund, order such person to pay a compensating fine, in lieu of, but greater than, the penalty set forth in § 9016 of this title. The amount of such fine is in the discretion of the court and must be commensurate with the malice shown and the injury done to the victim. All fines paid in accordance with this section must be deposited into the Victims’ Compensation Fund.59 Del. Laws, c. 519, § 1; 67 Del. Laws, c. 71, § 3; 67 Del. Laws, c. 260, § 1; 77 Del. Laws, c. 193, § 1; 79 Del. Laws, c. 404, § 3; 83 Del. Laws, c. 247, § 14;
The Executive Director and each member of the Appeals Board shall have the power to administer oaths, subpoena witnesses and compel the production of books, papers and records relevant to any investigation or hearing authorized by this chapter. Any person who shall fail to appear in response to a subpoena or to answer any question, or produce any books, papers and records relevant to any such investigation or hearing may be compelled to do so by order of the Superior Court.60 Del. Laws, c. 436, § 11; 77 Del. Laws, c. 193, § 1;
(a) Any claim under this chapter, which is false in part or in whole, constitutes a false written statement in violation of § 1233 of this title.
(b) Any person who files a false claim under this chapter shall forfeit any compensation and shall reimburse and repay the Agency for any compensation received under this chapter.60 Del. Laws, c. 436, § 12; 77 Del. Laws, c. 193, § 1; 83 Del. Laws, c. 247, § 15;
This chapter shall apply to:
(1) All persons, including nonresidents of Delaware, who are victims of crimes committed on January 1, 1975, or thereafter within this State; and
(2) All Delaware residents and domiciliaries who are victims of terrorist acts.60 Del. Laws, c. 436, § 13; 72 Del. Laws, c. 460, § 17; 73 Del. Laws, c. 250, § 4; 77 Del. Laws, c. 193, § 1;
Any member of the Agency, Council, or Appeals Board with a direct or indirect interest in a matter in question shall disqualify themselves from any consideration of that matter.65 Del. Laws, c. 64, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 193, § 1; 83 Del. Laws, c. 247, § 16;
(a) The cost of a forensic medical examination done for the purpose of gathering evidence that can be used in the prosecution of a sexual offense may be paid from the Victims’ Compensation Fund.
(b) For purposes of this section, “forensic medical examination” means medical diagnostic procedures examining for physical trauma, and determining penetration, force, or lack of consent. The cost of the examination must include collecting all evidence as called for in the sexual offense evidence collection kits and may include any of the following, if done as part of the forensic medical examination:
(1) Physician’s fees for the collection of the patient history, physical, collection of specimens, and treatment for the prevention of venereal disease or the provision of emergency contraception, including 1 return follow-up visit.
(2) Emergency department expenses, including emergency room fees, cost of pelvic tray, and transportation by ambulance.
(3) Laboratory expenses for wet mount for sperm, swabs for acid phosphates and ABH antigen; blood typing, serology for syphilis and Hepatitis B; cultures for gonorrhea, chlamydia, trichomonas, and other sexually transmitted diseases; pregnancy testing; urinalysis; and any other laboratory test needed to collect evidence that could be used in the prosecution of the offense.
(c) Hospitals and health-care professionals shall provide forensic medical examinations free of charge to the victims of sexual offenses. Any hospital or health-care professional performing a forensic medical examination shall seek reimbursement for the examination from the patient’s insurance carrier, including Medicaid and Medicare, if available. If insurance is unavailable, or does not cover the full costs of the forensic medical examination, the service provider may seek reimbursement from the Victims’ Compensation Fund. The Agency shall authorize the repayment for reasonable expenses incurred during the forensic medical examination. The reimbursement may not exceed a maximum amount to be determined by the Agency. If the hospital or health-care professional has recovered from insurance, the Agency shall only provide compensation sufficient to total the maximum amount provided for in the Agency’s rules and regulations.
(d) The victim of the sexual offense shall not pay any out-of-pocket costs associated with the forensic medical examination and shall not be required to file an application with the Agency. Notwithstanding other language in this chapter, all forensic medical examinations of victims of a sexual offense not covered by insurance must be paid for through the Victims’ Compensation Fund and the payment must be considered full compensation to the hospital or health-care professional providing the services.
(e) In addition to, and at the same time as, any other fine or penalty assessed on any criminal defendant, all defendants convicted of a sexual offense as defined in § 761 of this title must be assessed an additional fine that must be used to reimburse the Victims’ Compensation Fund for forensic medical examination payments. All defendants convicted of sexual offenses shall pay $50 for each misdemeanor level count for which they are convicted and $100 for each felony level count for which they are convicted. All fines paid in accordance with this section must be deposited into the Victims’ Compensation Fund.
(f) Nothing in this section may preclude victims from applying to the Agency for other costs incurred.70 Del. Laws, c. 40, § 1; 77 Del. Laws, c. 193, § 1; 83 Del. Laws, c. 247, § 17;
(a) The costs of a psychological assessment done for the purposes of evaluating the mental health needs of a child victim may be paid from the Victims’ Compensation Fund.
(b) The costs of short-term counseling, as defined by the Agency, for the purposes of meeting the mental health needs of a child victim may be paid from the Victims’ Compensation Fund.
(c) Any psychological assessment or counseling provided pursuant to this section shall be provided by a qualified mental health practitioner as determined by the Agency. The Agency shall authorize the repayment of reasonable expenses for a psychological assessment and/or short-term counseling. Such reimbursement shall not exceed a maximum amount to be determined by the Agency. Any mental health practitioner performing a psychological assessment and/or short-term counseling pursuant to this section shall seek reimbursement for such services from the patient’s insurance carrier, including Medicaid and Medicare, if available. If the mental health practitioner has recovered from insurance, the Agency shall only provide compensation sufficient to total the maximum amount provided for in the Board’s rules and regulations. Funding for psychological assessments and/or short-term counseling shall be available to the victim regardless of other health insurance resources which may exist.
(d) A parent or guardian acting on behalf of a child victim shall not pay any out-of-pocket costs associated with a psychological assessment or short-term counseling, and shall not be required to file an application with the Agency. Notwithstanding other language in this chapter, all psychological assessments and short-term counseling expenses of child victims shall be paid for through the Victims’ Compensation Fund and such payment shall be considered full compensation to the mental health practitioner providing such services.
(e) Nothing in this section shall preclude a victim from applying to the Agency for other costs incurred.
(f) For the purpose of this section, “child victim” or “child” means any victim or person who had not yet reached that victim’s or person’s eighteenth birthday on the date of the commission of the crime.71 Del. Laws, c. 424, § 7; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 193, § 1;
(a) To the extent that they may be under the administrative control of the Administrative Office of the Courts, as of July 1, 2009, the Executive Director and staff of the Violent Crime Compensation Board are transferred to the Department of Justice for budgetary and administrative purposes. Such employees shall be deemed to be employees of the Department of Justice with all benefits they may have accrued in the classified service as of July 1, 2009.
(b) The Advisory Council shall be established on July 1, 2009, and allow for the appointment of the 7 Advisory Council members by the Governor.
(c) The effective date for new process and procedures under the Victims’ Compensation Assistance Program shall be August 30, 2009.
(d) The effective date for all new and pending claims to be processed through the newly established Victims’ Compensation Assistance Program shall be August 30, 2009.77 Del. Laws, c. 193, § 1;