Title 11, Crimes and Criminal Procedure

§ 9005. Victims’ Compensation Assistance Program. (a) This hereby establishes the Victims’ Compensation Assistance Program, hereafter the “Agency,” which functions under the authority of the Department of Justice, and which has the sole jurisdiction over the awarding of compensat…

§ 9006. Function of the Agency. The Agency, subject to the approval of the Department of Justice, has all of the following functions, powers, and duties: (1) To meet and function at any place within the State. (2) To obtain the services of other governmental agencies on request a…

§ 9007. Victims’ Compensation Assistance Program Appeals Board. (a) There is hereby established the Victims’ Compensation Assistance Program Appeals Board, hereafter “Appeals Board”, which is composed of 5 members to be appointed by the Governor and confirmed by the Senate. No mo…

§ 9008. Function of the Appeals Board. (a) The Appeals Board has the power and authority to meet and function in any place within the State. (b) The Appeals Board has the power and authority to affirm, reverse, or modify the Agency’s claims decisions under the provisions of § 901…

§ 9009. Administrative provisions; compensation. A claimant, including an estate, may file a claim with the Agency for indemnification of all pecuniary loss: (1) If a claim is approved, the award must be the amount of pecuniary loss minus the amount the claimant has received or w…

§ 9010. Denial of claim; reduction. (a) The Agency shall deny payment of a claim for any of the following reasons: (1) Where the claimant was the perpetrator of the crime on which the claim is based. (2) Where the victim incurred the personal injury on which the claim is based th…

§ 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 claimant. In any instance in which the person entitled to make application is deemed by law to be a perso…

§ 9012. Form of claim; investigation—hearing. (a) All claims filed with the Agency must be in writing on the Agency’s provided claim form and signed by the claimant. The Agency shall initiate an investigation of the claim within 30 days of the filing of the claim. After this inve…

§ 9013. Attorney fees. A claimant need not be represented by an attorney before the Appeals Board, but if such person is represented the Appeals Board may award an amount for services rendered. Such fees shall not exceed $1,000 or 15% of the amount awarded, whichever sum is less,…

§ 9014. Recovery from the criminal. (a) Whenever any person is convicted of an offense and a payment of compensation is, or has been, made under this chapter for a personal injury or death resulting from the act constituting such offense, the State may institute an action against…

§ 9015. Assignment and subrogation. (a) Awards and recoveries granted under this chapter shall not be transferable or assignable, at law or in equity, and none of the money paid or payable under this chapter shall be subject to execution, levy, attachment, garnishment or other le…

§ 9016. Penalty assessment. (a) In addition to, and at the same time as, any fine is assessed to any criminal defendant or any child adjudicated delinquent, there must be levied an additional penalty of 18% of every fine, penalty, and forfeiture imposed and collected by the court…

§ 9017. Annual reports. The Department of Justice shall transmit to the Governor, State Auditor, and the General Assembly an annual report of the activity of the Agency under this chapter.59 Del. Laws, c. 519, § 1; 60 Del. Laws, c. 436, § 10; 69 Del. Laws, c. 250, § 1; 77 Del. La…

§ 9018. Compensating fine. In any court of the State upon the conviction of any person or the adjudication of delinquency of any child for a crime resulting in the personal injury or death of another person, the court may, in addition to any other penalty, and in addition to reim…

§ 9019. Oaths; production of witnesses and records. The Executive Director and each member of the Appeals Board shall have the power to administer oaths, subpoena witnesses and compel the production of books, papers and records relevant to any investigation or hearing authorized …

§ 9020. Filing false claim. (a) Any claim under this chapter, which is false in part or in whole, constitutes a false written statement in violation of § 1233 of this title. (b) Any person who files a false claim under this chapter shall forfeit any compensation and shall reimbur…

§ 9021. Persons to whom chapter applicable. This chapter shall apply to: (1) All persons, including nonresidents of Delaware, who are victims of crimes committed on January 1, 1975, or thereafter within this State; and (2) All Delaware residents and domiciliaries who are victims …

§ 9022. Conflict of interest. Any member of the Agency, Council, or Appeals Board with a direct or indirect interest in a matter in question shall disqualify themselves from any consideration of that matter.65 Del. Laws, c. 64, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 193…

§ 9023. Payment for forensic medical examinations for victims of sexual offense. (a) The cost of a forensic medical examination done for the purpose of gathering evidence that can be used in the prosecution of a sexual offense may be paid from the Victims’ Compensation Fund. (b) …

§ 9024. Payment for child psychological assessments and short-term counseling. (a) The costs of a psychological assessment done for the purposes of evaluating the mental health needs of a child victim may be paid from the Victims’ Compensation Fund. (b) The costs of short-term co…

§ 9025. Enactment. (a) To the extent that they may be under the administrative control of the Administrative Office of the Courts, as of July 1, 2009, the Executive Director and staff of the Violent Crime Compensation Board are transferred to the Department of Justice for budgeta…