District of Columbia § 4-507 Awards of compensation.

District of Columbia Statutes

§ 4-507 — Awards of compensation.

District of Columbia·Title 4 Public Care Systems.·Ch. 5 Victims of Crime.·Subch. I Compensation for Crime Victims.

(a)The Court shall award compensation in an amount equal to the claimant’s economic loss, decreased by the amount available to the claimant from collateral sources. (a-1) Notwithstanding subsection (a) of this section, if a victim or secondary victim is a dependent on a primary insurance holder's insurance policy, the primary insurance holder's insurance policy shall not constitute a collateral source for the purposes of subsection (a) of this section, unless the victim or secondary victim chooses to avail themselves of the benefits or compensation from the primary insurance holder's insurance policy.

(b)The Court shall not award compensation in an amount exceeding $25,000 per victimization; except, that:

(1)If the victim is or was the parent, guardian, custodian, or primary caregi

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(a) The Court shall award compensation in an amount equal to the claimant’s economic loss, decreased by the amount available to the claimant from collateral sources.

(a-1) Notwithstanding subsection (a) of this section, if a victim or secondary victim is a dependent on a primary insurance holder's insurance policy, the primary insurance holder's insurance policy shall not constitute a collateral source for the purposes of subsection (a) of this section, unless the victim or secondary victim chooses to avail themselves of the benefits or compensation from the primary insurance holder's insurance policy.

(b) The Court shall not award compensation in an amount exceeding $25,000 per victimization; except, that:

(1) If the victim is or was the parent, guardian, custodian, or primary caregiver to more than 2 children who reside or resided with the victim, the Court may award additional compensation to the claimant of up to $5,000 for each child who resides with the claimant, beginning with the third child; and

(2) Compensation for veterinary expenses as described in § 4-501(9)(E) shall not exceed $1,000.

(c) The Court shall calculate awards in a fair and equitable manner.

(d) The payment of compensation may provide for apportionment, the holding of the compensation or any part thereof in trust, payment in a lump sum or periodic installments, or payment directly to the provider of medical services or economic loss expenses.

(e) An award is not subject to enforcement, attachment, or garnishment, except that an award may be subject to a claim of a creditor if the cost of products, services, or accommodations included in the award were covered by the creditor.

(f) If a claimant is awarded compensation prior to the sentencing of an offender convicted of the crime which was the subject of the claim, the Court shall notify the sentencing judge of the amount of the award, notwithstanding that the files and records of the claim remain otherwise confidential as provided in § 4-511 . Restitution ordered for an offense that was the basis for an award under this chapter, up to the amount of the award, shall be payable directly to the Fund as provided in § 4-509 .

(g) Eligibility for public benefits shall not be affected by the receipt of crime victims compensation funds.

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