2016 Kentucky Revised Statutes
CHAPTER 346 - COMPENSATION OF CRIME VICTIMS
.140 Reduction of award -- Determination of victim's contribution -- Basis for denial of claim.

Download as PDF 346.140 Reduction of award -- Determination of victim's contribution -- Basis for denial of claim. (1) (2) (3) Any award made pursuant to this chapter shall be reduced by the amount of any payments received or to be received by the claimant as a result of the injury from the following sources: (a) From or on behalf of the person who committed the crime; (b) Under insurance programs mandated by law; (c) From public funds; (d) Under any contract of insurance wherein the claimant is the insured or beneficiary; (e) As an emergency award pursuant to KRS 346.120; and (f) From donations made on behalf of the victim or claimant toward expenses incurred as a result of the crime. In determining the amount of an award, the board or board member shall determine whether, because of his or her conduct, the claimant or the victim of such crime contributed to the infliction of the victim's injury, and shall reduce the amount of the award or reject the claim altogether, in accordance with such determination; however, the board or board member may disregard for this purpose the responsibility of the claimant or the victim for the victim's injury where the record shows that such responsibility was attributable to efforts by the claimant or victim to prevent a crime or an attempted crime from occurrence in his or her presence or to apprehend a person who had committed a crime in his or her presence or had in fact committed a felony. The board or board members may request that either the county attorney or Commonwealth's attorney or both state whether in their opinion, the victim suffered injuries as the result of a crime and has cooperated with the prosecution and law enforcement authorities. The board or board member shall not be bound by such opinions and recommendations and if needed may order a further investigation of the claim. The board or board member may consider whether the victim's injuries were the ordinary and foreseeable result of unlawful and criminal activities in determining the claimant's eligibility for an award. If the board or board member finds that the claimant will not suffer serious financial hardship if not granted financial assistance pursuant to this chapter, the board or board member shall deny an award. In determining such serious financial hardship, the board or board member shall consider all of the financial resources of the claimant. The board shall establish specific standards by rule for determining such serious financial hardships. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 69, sec. 5, effective June 25, 2013. -- Amended 1980 Ky. Acts ch. 172, sec. 5, effective July 15, 1980. -- Created 1976 Ky. Acts ch. 263, sec. 14.