Sec. 7. (a) Except as provided in subsection (b), if:

(1) a responsible party is found to be not guilty or has had the case against the responsible party dismissed; and

Terms Used In Indiana Code 5-2-6.3-7

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • division: refers to the victim services division of the Indiana criminal justice institute. See Indiana Code 5-2-6.3-1
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • responsible party: means an individual who has been formally charged with or convicted of a felony. See Indiana Code 5-2-6.3-2
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) if all periods for appeal by the state have expired;

the division shall distribute all money remaining in the escrow account to the responsible party.

     (b) If a responsible party is found to lack the competency necessary to stand trial, the division shall distribute all money remaining in the escrow account to the responsible party if:

(1) the responsible party does not become competent to stand trial within five (5) years after the money is first placed in the escrow account; and

(2) a civil action arising from the felony of which the responsible party is accused is not pending.

As added by P.L.47-1993, SEC.3.