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346.130 Awards, findings, and amounts.
(1)
(2)
(3)
(4)
(5)
(6)
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 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 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 claimant
from the fund.
(7)
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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