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346.130 Awards, findings, and amounts.
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No award shall be made unless the board or board member, as the case may be,
finds that:
(a) Criminally injurious conduct occurred;
(b) Such criminally injurious conduct resulted in personal physical or
psychological injury to, or death of, the victim; and
(c) Police records show that such crime was promptly reported to the proper
authorities; and in no case may an award be made where the police records
show that such report was made more than forty-eight (48) hours after the
occurrence of such crime unless the board, for good cause shown, finds the
delay to have been justified.
The board upon finding that the claimant or victim has not fully cooperated with
appropriate law enforcement agencies shall deny, reconsider, or reduce an award.
Any award made pursuant to this chapter shall be in an amount not exceeding outof-pocket expenses, including indebtedness reasonably incurred for medical or other
services, including mental health counseling, necessary as a result of the injury upon
which the claim is based, together with loss of earnings or support resulting from
such injury. Mental health counseling shall be paid for a maximum of two (2) years,
but only after proper documentation is submitted to the board stating what treatment
is planned and for what period of time. The board shall have the power to
discontinue mental health counseling at any time within the two (2) year period.
Replacement of eyeglasses and other corrective lenses shall be included in an
award, provided they were broken or damaged during the crime.
Any award made for loss of earnings or support shall, unless reduced pursuant to
other provisions of this chapter be in an amount equal to the actual loss sustained;
provided, however, that no such award shall exceed one hundred fifty dollars ($150)
for each week of lost earnings or support. The claimant or victim must have been
employed at the time the crime occurred. Said employment shall be verified by the
staff of the board after information is provided by the claimant or victim. Should the
claimant or victim fail to supply the board with the information requested, the
portion of the claim for lost wages or support shall be denied. If there are two (2) or
more persons entitled to an award as a result of the injury or death of a person
which is the direct result of criminally injurious conduct, the award shall be
apportioned by the board among the claimants.
The board is authorized to set a reasonable limit for the payment of funeral and
burial expenses which shall include funeral costs, a monument, and grave plot. In
no event shall an award for funeral expenses exceed five thousand dollars ($5,000).
Any award made under this chapter shall not exceed twenty-five thousand dollars
($25,000).
No award shall be made for any type of property loss or damage.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 606, sec. 38, effective July 15, 1998. -- Amended
1990 Ky. Acts ch. 409, sec. 7, effective July 13, 1990. -- Amended 1986 Ky. Acts
ch. 299, sec. 5, effective July 15, 1986. -- Amended 1980 Ky. Acts ch. 172, sec. 4,
effective June 15, 1980. -- Amended 1978 Ky. Acts ch. 213, sec. 1, effective June 17,
1978. -- Created 1976 Ky. Acts ch. 263, sec. 13.
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