11 DE Code § 9009. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 90. Compensation for Innocent Victims of Crime|§ 9009. Administrative provisions; compensation.

§ 9009. Administrative provisions; compensation. A claimant, including an estate, may file a claim with the Agency for indemnification of all pecuniary loss:  (1) If a claim is approved, the award must be the amount of pecuniary loss minus the amount the claimant has received or will receive as indemnification from any other source, including any applicable insurance. (2) In the event of a death caused by a crime, a person who legally or voluntarily assumes the obligation to pay the medical or burial expenses incurred as a direct result of the injury and death is eligible to file a claim with the Agency. This provision for payment in case of death does not apply to any insurer or public entity. (3) The Agency is not compelled to provide compensation in any case, nor is it compelled to award the full amount claimed. The Agency may make its award of compensation dependent on conditions it deems desirable. (4)-(6) [Repealed.] (7) Payment may be made in accordance with this chapter, whether or not the alleged perpetrator of the criminal act is prosecuted or convicted, in the discretion of the Agency. Payment may be made even though the person committing the crime is legally deemed to not have intended the act by reason of age, insanity, drunkenness, or is otherwise deemed legally incapable of mens rea. (8) Upon determination of the Agency of the amount of compensation due, the Agency shall request payment be issued by the Delaware State Treasurer in accordance with the State of Delaware Budget and Accounting Manual or any succeeding document.  (9) A person whose domicile is in Delaware and who is the victim or secondary victim of a crime that occurs in another state, possession, or territory of the United States may make an application for compensation if both of the following are true:  a. The crimes would be compensable had they occurred in Delaware. b. The placement of the crime occurred in states, possessions, or territories of the United States not having eligible crime victim compensation programs that provide benefits equal to the benefits provided under this chapter. (10) Where compensation has been paid to a claimant, the Agency may not reopen or reinvestigate a case after 2 years from the date of the last payment by the Agency, or 1 year from the date the award was rendered if no payment has been made, except where the Agency in its discretion determines that the circumstances render this requirement unreasonable. Where compensation has been denied to a claimant, reopening and reinvestigation must be limited to the circumstances set forth in Superior Court Civil Rule 60. (11) Notwithstanding the provision of paragraph (10) of this section and § 9010(a)(3), (4), and (5) of this title to the contrary, the Agency may make an award for the payment of mental health counseling services under this chapter on a claim made by the victim of a crime that occurred before the victim's eighteenth birthday so long as the occurrence of the crime is appropriately documented, and the claim is filed before the victim's twentieth birthday. The Agency may also, upon good cause shown, permit a victim whose claim had previously been decided by the Agency to request that such claim be reopened for the purpose of making an award for the payment for mental health counseling services, and the Agency may reopen or reinvestigate the case and award such compensation, if the victim had not yet reached that victim's eighteenth birthday by the date of the Agency's original decision, and provided that the request for reopening is filed before the victim's twentieth birthday. However, the foregoing limitations in this paragraph (11) regarding the victim's twentieth birthday do not apply in cases of crimes involving sexual assault or abuse. (12) Notwithstanding any provision to the contrary, the Agency may not limit acceptance or consideration of any applications arising from sexual assault or abuse of a child which may have otherwise been barred from consideration by a statute of limitations. (13) a. Notwithstanding the provisions of paragraph (10) of this section or any other provisions of this chapter to the contrary, if any of the following apply, a victim or secondary victim of the crime committed by the offender may apply for reimbursement as set forth in paragraph (13)b. of this section:  1. Further investigation into a previously reported crime is initiated by a law-enforcement agency. 2. An offender appears in any judicial or administrative proceeding regarding a criminal charge, conviction, or sentence, including a trial, appeal, postconviction relief, mediation, penalty, parole or pardon hearing. 3. The offender is released from incarceration. 4. The death penalty is imposed under § 4209 of this title.  b. A victim or secondary victim may apply for reimbursement of the following costs under the circumstances set forth in paragraph (13)a. of this section provided that the costs are incurred within 1 year before, or within 2 years after, the opening of the investigation, the date of the judicial or administrative proceeding, or the release or execution date of the offender:  1. The cost of mental health counseling services, not to exceed 50 sessions. 2. Reasonable expenses incurred due to attendance at criminal proceedings. 3. Expenses for essential personal safety property, not to exceed $1,500. c. Any payments made under this paragraph (13) are subject to the provisions of § 9010 of this title with regard to denial and reduction of claims, and to § 9011 of this title with regard to payment.59 Del. Laws, c. 519, §  1;  60 Del. Laws, c. 436, §§  4, 5;  65 Del. Laws, c. 268, §  1;  66 Del. Laws, c. 262, §  2;  68 Del. Laws, c. 35, §  1;  68 Del. Laws, c. 213, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 424, §  5;  72 Del. Laws, c. 460, §§  6-8, 15;  74 Del. Laws, c. 296, §§  7, 8;  76 Del. Laws, c. 360, §§  2, 3;  77 Del. Laws, c. 193, §  1;  77 Del. Laws, c. 204, §  1;  78 Del. Laws, c. 103, §§  1, 2;  83 Del. Laws, c. 247, § 7;