Kentucky Statutes 49.390 – Reduction of award — Determination of victim’s contribution — Basis of denial of claim
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(1) Any award made pursuant to KRS § 49.270 to KRS § 49.490 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 § 49.360; and
(f) From donations made on behalf of the victim or claimant toward expenses incurred as a result of the crime.
(2) In determining the amount of an award, the Crime Victims Compensation 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.
(3) 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 KRS § 49.270 to KRS § 49.490, 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 29, 2021
History: Amended 2021 Ky. Acts ch. 185, sec. 46, effective June 29, 2021. — Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 39, effective June 29, 2017. — 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.
Formerly codified as KRS § 346.140.
(a) From or on behalf of the person who committed the crime; (b) Under insurance programs mandated by law;
Terms Used In Kentucky Statutes 49.390
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Contract: A legal written agreement that becomes binding when signed.
- public funds: means sums actually received in cash or negotiable instruments from all sources unless otherwise described by any state agency, state- owned corporation, university, department, cabinet, fiduciary for the benefit of any form of state organization, authority, board, bureau, interstate compact, commission, committee, conference, council, office, or any other form of organization whether or not the money has ever been paid into the Treasury and whether or not the money is still in the Treasury if the money is controlled by any form of state organization, except for those funds the management of which is to be reported to the Legislative Research Commission pursuant to KRS §. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(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 § 49.360; and
(f) From donations made on behalf of the victim or claimant toward expenses incurred as a result of the crime.
(2) In determining the amount of an award, the Crime Victims Compensation 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.
(3) 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 KRS § 49.270 to KRS § 49.490, 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 29, 2021
History: Amended 2021 Ky. Acts ch. 185, sec. 46, effective June 29, 2021. — Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 39, effective June 29, 2017. — 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.
Formerly codified as KRS § 346.140.