2016 Delaware Code
Title 11 - Crimes and Criminal Procedure
CHAPTER 90. COMPENSATION FOR INNOCENT VICTIMS OF CRIME
§ 9006. Function of the Agency.

The Agency, subject to the approval of the Department of Justice, shall have 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 upon request and to utilize those services when necessary;

(3) To receive, investigate, and determine awards, and to process for claims payment for emergency and indemnification applications filed pursuant to this chapter as follows:

a. The Agency shall determine the award for claims for less than $12,500, except for emergency claims, in which case an Appeals Board member shall be contacted and, if available, shall be part of the determination;

b. The Agency and one Appeals Board member shall determine the award for any claim exceeding $12,500; and

c. When an Appeals Board member has been involved in the initial determination of a claim pursuant to paragraph (3)a. or b. of this section, that Appeals Board member shall be recused from any further consideration of that claim.

(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 indemnification claim forms for purposes of this chapter and to specify the information to be included in such forms;

(7) To adopt, promulgate, amend, and rescind such rules and regulations as are required to carry out this chapter;

(8) To reimburse other governmental agencies pursuant to this chapter for emergency awards to victims, secondary victims, or claimants;

(9) To recover through reimbursement by the criminal defendant the full amount of compensation paid to victims of crimes committed by the defendant;

(10) To recover through reimbursement from victims, claimants, and their dependents funds received from other sources of payment, as set forth herein; and

(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.;