Title 34 — Welfare
17 chapters · 206 sections in this title.
34 V.I.C. § 151 Short title
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This chapter shall be known as and may be cited as the “Virgin Islands Criminal Victims Compensation Act”. It shall be liberally construed to effect its purposes.
34 V.I.C. § 152 Statement of policy
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The purpose of the provisions of this chapter is to establish a program of public compensation to innocent victims of certain criminal offenses, to the persons injured or killed while attempting to prevent the commission of criminal offenses or to apprehend suspected offenders, a…
34 V.I.C. § 153 Definitions
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(1) Unless the context clearly requires otherwise, as used in this chapter —(1) The term “applicant” means any person who applies for compensation under the provisions of this chapter.(2) The term “child” means an unmarried person who is under eighteen years of age and includes a…
34 V.I.C. § 156 Powers and duties of the Executive Secretary: Preliminary hearings; reports with recommendations; submission to Commission
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(a) Except as otherwise provided in this chapter, the Executive Secretary shall administer the provisions of this chapter. (b) Upon an application made to the Commission under the provisions of this chapter, the Executive Secretary shall hold a prompt and fair hearing on each app…
34 V.I.C. § 157 Powers and duties of the Commission: final orders and decisions; finality
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(a) When called to consider and to act upon an outstanding application and accompanying report submitted pursuant to section 156(c) of this chapter, the Commission shall make its determination and issue its order with due dispatch. Such determination and order of the Commission s…
34 V.I.C. § 158 Procedural powers and limitations; rights of parties; effect of criminal conviction; immunity of witnesses
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(a) The Executive Secretary and the Commission, when conducting a proceeding under this chapter, shall have the authority and the power to administer oaths and affirmations, to issue subpoenae ad testificandum and subpoenae duces tecum which shall be enforceable pursuant to the p…
34 V.I.C. § 161 Application: Eligibility; Requirements; Limitations
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(a) Any victim, any person who is responsible for the maintenance or care of the victim and who has incurred expenses as a result of injury to or the death of the victim, and, in the case of the death of the victim, the estate or any dependents of the victim may apply for compens…
34 V.I.C. § 162 Offenses and incidents covered
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(a) The Commissioner may order the payment of compensation in accordance with the provisions of this chapter in any case in which—(1) The victim was injured or killed by any act or omission that constitutes a criminal offense which is a felony or aggravated assault and battery or…
34 V.I.C. § 163 Awards: General provisions; allowable compensation; standards for compensation; effect of prosecution or conviction
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(a) The Commission, upon proper application and after the required preliminary hearing before the Executive Secretary and the required final consideration and if it determines that the applicant has satisfied the burden of proving all contested issues of fact, may order the payme…
34 V.I.C. § 164 Same: Limitations
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(a) The total amount of compensation awarded or paid to any one applicant under the provisions of section 163 of this subchapter may not exceed the sum of $25,000. (b) The Commission may not award compensation to an applicant under this chapter if, supported by substantial eviden…
34 V.I.C. § 165 Same: Terms of payment; deductions
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(a) Except as otherwise provided in this chapter, any order for the payment of compensation under this chapter may be made on such terms as the Commission determines to be appropriate. (b) Any claim made pursuant to this chapter shall be reduced by the amount of any moneys actual…
34 V.I.C. § 166 Same: Finality and reconsideration; review
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(a) Every determination and order of the Commission shall be final, except that an applicant may obtain a reconsideration by the Commission of an order upon filing a written request for reconsideration with the Executive Secretary within one calendar year after the issuance of th…
34 V.I.C. § 169 Repayment by the applicant
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Any applicant who has received payments on an award made by the Commission under this chapter shall pay to the Commission all sums, not to exceed the amount of such payment, which, after the payment on the award, have been received by the applicant from the offender, from any per…
34 V.I.C. § 170 Recovery from the offender
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(a) In any case where a person is convicted of a crime which was the cause of the injury or death for which compensation has been awarded under this chapter, the Commission may institute an action against such person for the recovery of the whole or any specified part of such com…
34 V.I.C. § 171 Criminal Victims Compensation Fund
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All payments made to the Commission under the provisions of section 169 of this subchapter and all payments made to the Commission on awards granted under the provisions of section 170 of this subchapter shall be covered by the Commission into the Criminal Victims Compensation Fu…
34 V.I.C. § 174 Rules and regulations
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The Commission, subject to the approval of the Governor and not inconsistent with law, may adopt, enforce, revise, amend, rescind, or repeal rules and regulations prescribing the administrative and procedural steps to be followed in the filing of applications and during the proce…
34 V.I.C. § 175 Personnel; budget
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Subject to the provisions of chapter 35 of Title 3 of this code, the Commission may employ such personnel as it determines necessary for the effective and efficient administration of its functions and responsibility. Budget needs of the Commission shall be submitted annually to t…
34 V.I.C. § 176 Reports to the Governor and to the Legislature
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The Commission shall prepare and transmit to the Governor and to the Legislature annually a report of its activities under this chapter including the name of each applicant, a brief description of the facts in each case, the amount, if any, of compensation awarded, recommendation…
34 V.I.C. § 177 Penalties
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The pertinent provisions of chapter 77 of Title 14 of this code shall apply to every application, statement and document and to all information presented to the Executive Secretary in the application or at the preliminary hearing, or presented to the Commission at the final consi…
34 V.I.C. § 178 Schedule of legal and attorney's fees
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(a) In all determinations, awards, or orders by the Commission wherein the sum or amount of the award to a victim or his dependent is less than $1,000.00, the legal or attorney's fees shall not exceed more than two percent (2%) of the amount of the award. (b) In all determination…
34 V.I.C. § 179 Emergency compensation
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The Executive Secretary may make an emergency award of compensation to the applicant pending a final decision in the case if it appears to the Commission that, prior to taking action on an application, the claim is one for which compensation is probable, and undue hardship will r…