2016 Delaware Code
Title 11 - Crimes and Criminal Procedure
CHAPTER 90. COMPENSATION FOR INNOCENT VICTIMS OF CRIME
§ 9011. Payment of compensation.

(a) Any person, regardless of age or mental condition, is entitled to make application for compensation under this chapter if the person is a victim as defined herein. In any instance in which the person entitled to make application is deemed by law to be incompetent 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 victim making application shall be 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 shall be no 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. Each and every payment shall be 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 pursuant to this chapter to submit to a physical or mental examination by a physician or physicians selected by the Agency.

(d) No compensation shall be awarded under the chapter to any individual victim (or in case of the death of the victim, to dependent relatives, or to the victim's legal representative) 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 otherwise incompetent may appear and press a claim before the Agency, payment of compensation shall not be made directly to any person legally incompetent to receive same but shall be made to a third person for the benefit of such incompetent. In the case of any payment for the benefit of a child or incompetent, 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 shall determine to be necessary and appropriate for the benefit of the child or incompetent.

(f) The Agency shall deduct from its award of compensation any payments received by the victim, claimant, or by any of the victim's dependents, from:

(1) The offender;

(2) Any person on behalf of the offender:

(3) Any insurer;

(4) The United States or any state: or

(5) The State of Delaware or any of its political subdivisions;

If such payments were in any manner made to compensate such person or persons for personal injury or death arising from the crime or incident giving rise to the claim.

(g) In the event that payment of an award of compensation has been received by the victim or claimant, or any dependent of the victim, and payments as set forth is subsection (f) of this section above are received, the victim, claimant, or dependent shall be obligated to reimburse the Agency for such funds received, to the full extent of the compensation paid by the agency.

(h) The Director shall have authority to accept reimbursement of less than the full amount of compensation paid, but only in cases where the victim, claimant, or dependent is subjected to extreme hardship, as determined in the sole discretion of the Director.

(i) The reimbursement provisions of subsections (f), (g), and (h) of this section above shall 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.;