§ 15B-22 – Disbursements.
15B-22. Disbursements. If compensation awarded under this Article cannot be paid due to insufficient funds in the Crime Victims Compensation Fund, payment shall be delayed until sufficient funds are available and no further awards of compensation shall be made until sufficient funds are available. (1983, c. 832, s. 1; 1987, c. 819, s. 31; 1991, […]
§ 15B-23 – Crime Victims Compensation Fund.
15B-23. Crime Victims Compensation Fund. There is established the Crime Victims Compensation Fund. Revenue in the Crime Victims Compensation Fund includes amounts credited to the Fund under G.S. 148-2 and other funds. Any surplus in the Crime Victims Compensation Fund shall not revert. The Crime Victims Compensation Fund shall be kept on deposit with the […]
§ 15B-24 – Requiring defendant to pay restitution encouraged.
15B-24. Requiring defendant to pay restitution encouraged. Pursuant to a Court’s power to require restitution as a condition of probation, parole or work-release privileges, a Court may require a defendant to pay restitution to a victim, regardless of whether the victim receives compensation from the Crime Victims Compensation Fund, or to the Fund. It is […]
§ 15B-15 – Clerks of court to be notified.
15B-15. Clerks of court to be notified. The Director shall notify in writing the clerk of superior court of the county in which the offense occurred of any award made from the Crime Victims Compensation Fund to the victim. The clerk shall place the notice in the case file of any defendant charged with the […]
§ 15B-16 – Manner of payment; non-assignability and exemptions.
15B-16. Manner of payment; non-assignability and exemptions. (a) The Director shall pay award payments directly to the service provider on behalf of the claimant. Eligible out-of-pocket costs borne by the claimant shall be paid directly to the victim only if such costs can be documented and verified. (b) Upon request of the claimant, future economic […]
§ 15B-17 – Award not subject to taxation or execution.
15B-17. Award not subject to taxation or execution. (a) An award is exempt from taxation. (b) An award is not subject to execution, attachment, garnishment, or other process, except that, upon receipt of an award by a claimant, the part of the award that is for allowable expense is not exempt from such an action […]
§ 15B-18 – Subrogation by State.
15B-18. Subrogation by State. (a) If compensation is awarded, the Crime Victims Compensation Fund is subrogated to all the claimant’s rights to receive or recover benefits or advantages for economic loss from a source that is, or if readily available to the victim or claimant would be, a collateral source, to the extent of the […]
§ 15B-19 – Subrogation by collateral sources prohibited.
15B-19. Subrogation by collateral sources prohibited. Subrogation rights that a collateral source may have may not extend to a recovery from a claimant of all or any part of an award made under this Article. A collateral source may not apply in the name of a claimant or otherwise for an award of compensation based […]
§ 15B-20 – Publicity.
15B-20. Publicity. Law enforcement agencies responsible for investigating offenses committed in the State may provide information to victims of those offenses and to their dependents concerning the existence of the Crime Victims Compensation Fund and the source of applications for compensation from the Fund. (1983, c. 832, s. 1; 1987, c. 819, s. 28; 1991, […]
§ 15B-21 – Annual report.
15B-21. (Effective until January 1, 2023) Annual report. The Commission shall, by March 15 each year, prepare and transmit to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety and to the chairs of the House and Senate Appropriations Committees on Justice and Public Safety a report of its activities in […]