54-23.4-06. Application for compensation - Awards - Limitations on awards

54-23.4-06. Application for compensation - Awards - Limitations on awards

1. An applicant for an award of compensation shall apply in writing in a form that

conforms substantially to that prescribed by the division. If a resident of this state is a

victim of criminally injurious conduct, but the criminally injurious conduct occurred

outside the geographical boundaries of this state, the resident has the same rights

under this chapter as if the criminally injurious conduct occurred within this state upon

a showing that the state, territory, country, or political subdivision of the country in

which the criminally injurious conduct occurred does not have a crime victims

compensation law which covers the bodily injury or death of the victim.

2. A claim for compensation must be filed within one year from the date the criminally

injurious conduct was reported to a law enforcement officer. The division may extend

the time for filing if it determines that the interests of justice so require. There is no

appeal from a decision of the division not to extend the filing time, not to reopen, or not

to reinvestigate a claim.

3. Compensation may not be awarded to a claimant who is the offender or an accomplice

of the offender, nor to any claimant if the award would unjustly benefit the offender or

an accomplice.

4. Compensation may not be awarded unless the criminally injurious conduct resulting in

injury or death was reported to a law enforcement officer within ninety-six hours after

its occurrence or the division finds there was good cause for the failure to report within

that time. In the case of child abuse or sexual molestation of a child, the criminally

injurious conduct must be reported to a law enforcement officer within three years after

the child reaches the age of majority.

5. The division, upon finding that the claimant has not fully cooperated with appropriate

law enforcement agencies, may deny, reconsider, or reduce an award of

compensation.

6. Compensation otherwise payable to a claimant must be reduced or denied:

a. To the extent the economic loss upon which the claim is based is recouped from

other persons, including collateral sources;

b. To the extent the division deems reasonable because of the contributory

misconduct of the claimant or of a victim on whose behalf compensation is

claimed; and

c. To the extent the division deems reasonable when it is determined that a victim

was under the influence of an alcoholic beverage or a controlled substance at the

time the criminally injurious conduct occurred and the victim's intoxication was a

factor causing the criminally injurious conduct.

7. Compensation for work loss, replacement services loss, dependent's economic loss,

and dependent's replacement services loss may not exceed three hundred dollars per

week.

8. Compensation payable to a victim and to all other claimants sustaining economic loss

because of injury to or death of that victim may not exceed twenty-five thousand

dollars in the aggregate. If a resident of this state is the victim of criminally injurious

conduct outside the geographical boundaries of this state and the total amount of

crime victims compensation benefits payable where the criminally injurious conduct

occurred is less than twenty-five thousand dollars, the division may pay additional

compensation to the victim. The maximum additional compensation the division may

pay is the difference between twenty-five thousand dollars and the total amount of

crime victims compensation benefits payable where the criminally injurious conduct

occurred.