Delaware Code Title 11 Sec. 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 whole or any specified part of the compensation in any Superior Court within the State, or in any other court, either state or federal, if such court has custody or control of funds of the criminal or which may be awarded to the criminal. Any amounts recovered under this section shall be deposited to the fund which finances the administration of this chapter.
Terms Used In Delaware Code Title 11 Sec. 9014
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(b) Any payment of compensation under this chapter does not affect any right of any person to recover damages in a civil action from the person convicted of the offense giving rise to the claim for compensation.
(c) Whenever any person is sentenced for an offense and compensation has been paid under this chapter to a claimant, the Agency may assert a claim for reimbursement of the Victims’ Compensation Fund as restitution from the criminal defendant. In support of the reimbursement claim, the Agency shall submit an affidavit with supporting documentation to the sentencing court, setting forth all payments made to the claimant. Restitution may be awarded to the Agency. A hearing on restitution will be held on the timely request of the defendant. Where the compensation of the claimant is continuing, and the full amount of reimbursement due has not been established by the Agency, the affidavit may so state, and the sentencing court may reserve jurisdiction over any future claim for reimbursement to the Agency. Any supplemental claim for reimbursement to the Agency must be brought within 2 years of the sentencing date, or before the expiration of a term of probation imposed on the defendant for an offense giving rise to the claim for compensation, whichever date comes first. The courts shall establish procedures for determining the amount of reimbursement due to the Victims’ Compensation Fund from offenders.
59 Del. Laws, c. 519, § ?1; 77 Del. Laws, c. 193, § ?1; 79 Del. Laws, c. 404, § ?2; 83 Del. Laws, c. 247, § 11;