§ 9025. Enactment.
§ 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 budgetary and administrative purposes. Such employees shall be deemed […]
§ 9010. Denial of claim; reduction.
§ 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 through collusion with the […]
§ 9011. Payment of compensation.
§ 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 person who is incapacitated, the person may […]
§ 9012. Form of claim; investigation—hearing.
§ 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 investigation, the Agency shall render a decision […]
§ 9013. Attorney fees.
§ 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, and shall be in addition to […]
§ 9014. Recovery from the criminal.
§ 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 such person for the recovery of the […]
§ 9015. Assignment and subrogation.
§ 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 legal process, or to the operation of any bankruptcy or […]
§ 9016. Penalty assessment.
§ 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 courts for crimes or offenses as defined in […]
§ 9017. Annual reports.
§ 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. Laws, […]
§ 9018. Compensating fine.
§ 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 reimbursement to the Victims’ Compensation […]