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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 or court records show that such crime was promptly reported to the
proper authorities; and in no case may an award be made where the
police or court 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.
Except for claims related to sexual assault and domestic violence, 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
out-of-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 payment of 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
stolen, destroyed, or damaged during the crime.
Any award made for loss of earnings or financial support may be considered
for a claimant who has loss of support or wages due to the crime for which the
claim is filed. Unless reduced pursuant to other provisions of this chapter, the
award shall be equal to net earnings at the time of the criminally injurious
conduct; however, no such award shall exceed one hundred fifty dollars ($150)
for each week of lost earnings or financial support. The wage earner or source
of support must have been employed or paying support at the time the crime
occurred. Said employment or support 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) in total compensation to be received by or paid on behalf of a
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claimant from the fund.
No award shall be made for any type of property loss or damage, except as
otherwise permitted in this chapter.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 69, sec. 4, effective June 25, 2013. -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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