Kentucky Statutes 49.370 – Awards, findings, and amounts
Current as of: 2024 | Check for updates
|
Other versions
(1) No award shall be made unless the Crime Victims Compensation Board or board member, as the case may be, finds that:
(a) Criminally injurious conduct occurred;
(b) Such criminally injurious conduct resulted in personal physical or psychological injury to, or death of, the victim; and
(c) Police or court records show that such crime was promptly reported to the proper authorities; and in no case may an award be made where the police or court records show that such report was made more than forty-eight (48) hours after the occurrence of such crime unless the board, for good cause shown, finds the delay to have been justified.
(2) Except for claims related to sexual assault, human trafficking, and domestic violence, the board upon finding that the claimant or victim has not fully cooperated with appropriate law enforcement agencies shall deny, reconsider, or reduce an award.
(3) Any award made pursuant to KRS § 49.270 to KRS § 49.490 shall be in an amount not exceeding out-of-pocket expenses, including indebtedness reasonably incurred for medical or other services, including mental health counseling, necessary as a result of the injury upon which the claim is based, together with loss of earnings or support resulting from such injury. Mental health counseling shall be paid for a maximum of two (2) years, but only after proper documentation is submitted to the board stating what treatment is planned and for what period of time. The board shall have the power to discontinue payment of mental health counseling at any time within the two (2) year period. Replacement of eyeglasses and other corrective lenses shall be included in an award, provided they were stolen, destroyed, or damaged during the crime.
(4) Any award made for loss of earnings or financial support may be considered for a claimant who has loss of support or wages due to the crime for which the claim is filed. Unless reduced pursuant to other provisions of KRS § 49.270 to KRS § 49.490, the award shall be equal to net earnings at the time of the criminally injurious conduct; however, no such award shall exceed three hundred dollars ($300) for each week of lost earnings or financial support. The wage earner or source of support must have been employed or paying support at the time the crime occurred. Said employment or support shall be verified by the staff of the board after information is provided by the claimant or victim. Should the claimant or victim fail to supply the board with the information requested, the portion of the claim for lost wages or support shall be denied. If there are two (2) or more persons entitled to an award as a result of the injury or death of a person which is the direct result of criminally injurious conduct, the award shall be apportioned by the board among the claimants.
(5) The board is authorized to set a reasonable limit for the payment of funeral and burial expenses which shall include funeral costs, a monument, and grave plot. In no event shall an award for funeral expenses exceed seven thousand five hundred dollars ($7,500).
(6) Any award made under KRS § 49.270 to KRS § 49.490 shall not exceed thirty thousand
dollars ($30,000) in total compensation to be received by or paid on behalf of a claimant from the fund.
(7) No award shall be made for any type of property loss or damage, except as otherwise permitted in KRS § 49.270 to KRS § 49.490.
Effective: April 4, 2023
History: Amended 2023 Ky. Acts ch. 173, sec. 2, effective April 4, 2023. — Amended
2021 Ky. Acts ch. 185, sec. 44, effective June 29, 2021. — Amended 2020 Ky. Acts ch. 75, sec. 2, effective July 15, 2020. — Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 37, effective June 29, 2017. — Amended 2013
Ky. Acts ch. 69, sec. 4, effective June 25, 2013. — Amended 1998 Ky. Acts ch. 606, sec. 38, effective July 15, 1998. — Amended 1990 Ky. Acts ch. 409, sec. 7, effective July 13, 1990. — Amended 1986 Ky. Acts ch. 299, sec. 5, effective July 15, 1986. — Amended 1980 Ky. Acts ch. 172, sec. 4, effective June 15, 1980. — Amended 1978
Ky. Acts ch. 213, sec. 1, effective June 17, 1978. — Created 1976 Ky. Acts. ch. 263, sec. 13.
Formerly codified as KRS § 346.130.
(a) Criminally injurious conduct occurred;
Terms Used In Kentucky Statutes 49.370
- Domestic: when applied to a corporation, partnership, business trust, or limited liability company, means all those incorporated or formed by authority of this state. See Kentucky Statutes 446.010
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010 - Year: means calendar year. See Kentucky Statutes 446.010
(b) Such criminally injurious conduct resulted in personal physical or psychological injury to, or death of, the victim; and
(c) Police or court records show that such crime was promptly reported to the proper authorities; and in no case may an award be made where the police or court records show that such report was made more than forty-eight (48) hours after the occurrence of such crime unless the board, for good cause shown, finds the delay to have been justified.
(2) Except for claims related to sexual assault, human trafficking, and domestic violence, the board upon finding that the claimant or victim has not fully cooperated with appropriate law enforcement agencies shall deny, reconsider, or reduce an award.
(3) Any award made pursuant to KRS § 49.270 to KRS § 49.490 shall be in an amount not exceeding out-of-pocket expenses, including indebtedness reasonably incurred for medical or other services, including mental health counseling, necessary as a result of the injury upon which the claim is based, together with loss of earnings or support resulting from such injury. Mental health counseling shall be paid for a maximum of two (2) years, but only after proper documentation is submitted to the board stating what treatment is planned and for what period of time. The board shall have the power to discontinue payment of mental health counseling at any time within the two (2) year period. Replacement of eyeglasses and other corrective lenses shall be included in an award, provided they were stolen, destroyed, or damaged during the crime.
(4) Any award made for loss of earnings or financial support may be considered for a claimant who has loss of support or wages due to the crime for which the claim is filed. Unless reduced pursuant to other provisions of KRS § 49.270 to KRS § 49.490, the award shall be equal to net earnings at the time of the criminally injurious conduct; however, no such award shall exceed three hundred dollars ($300) for each week of lost earnings or financial support. The wage earner or source of support must have been employed or paying support at the time the crime occurred. Said employment or support shall be verified by the staff of the board after information is provided by the claimant or victim. Should the claimant or victim fail to supply the board with the information requested, the portion of the claim for lost wages or support shall be denied. If there are two (2) or more persons entitled to an award as a result of the injury or death of a person which is the direct result of criminally injurious conduct, the award shall be apportioned by the board among the claimants.
(5) The board is authorized to set a reasonable limit for the payment of funeral and burial expenses which shall include funeral costs, a monument, and grave plot. In no event shall an award for funeral expenses exceed seven thousand five hundred dollars ($7,500).
(6) Any award made under KRS § 49.270 to KRS § 49.490 shall not exceed thirty thousand
dollars ($30,000) in total compensation to be received by or paid on behalf of a claimant from the fund.
(7) No award shall be made for any type of property loss or damage, except as otherwise permitted in KRS § 49.270 to KRS § 49.490.
Effective: April 4, 2023
History: Amended 2023 Ky. Acts ch. 173, sec. 2, effective April 4, 2023. — Amended
2021 Ky. Acts ch. 185, sec. 44, effective June 29, 2021. — Amended 2020 Ky. Acts ch. 75, sec. 2, effective July 15, 2020. — Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 37, effective June 29, 2017. — Amended 2013
Ky. Acts ch. 69, sec. 4, effective June 25, 2013. — Amended 1998 Ky. Acts ch. 606, sec. 38, effective July 15, 1998. — Amended 1990 Ky. Acts ch. 409, sec. 7, effective July 13, 1990. — Amended 1986 Ky. Acts ch. 299, sec. 5, effective July 15, 1986. — Amended 1980 Ky. Acts ch. 172, sec. 4, effective June 15, 1980. — Amended 1978
Ky. Acts ch. 213, sec. 1, effective June 17, 1978. — Created 1976 Ky. Acts. ch. 263, sec. 13.
Formerly codified as KRS § 346.130.