Maine § 5 §3360-E-2 Payment of awards; limits

Maine Statutes

§ 5 §3360-E-2 — Payment of awards; limits

Maine·Title 5 ADMINISTRATIVE PROCEDURES AND SERVICES·Part 9 CRIMINAL JUSTICE PLANNING AND ASSISTANCE·Ch. 316-A VICTIMS' COMPENSATION FUND

Payments from the fund and limits on those payments are governed by this section.

1.Compensation for victim of sexual assault or other specified crime. The board may award compensation to a claimant of up to $15,000 for actual and unreimbursed losses and eligible expenses of any person who is sexually assaulted or who suffers personal injury or death as the result of a crime specified in section 3360, subsection 3.

2.Payment to victim of mass violence crime; source of payments. Notwithstanding the compensation limits in subsection 1, if the underlying crime is a mass violence crime, the board may award a total amount of compensation of more than $15,000. Any awarded amount in excess of $15,000 must be paid from the Maine Mass Violence Care Fund established in section 3360‑W.

3.Award for

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Payments from the fund and limits on those payments are governed by this section.
1.
Compensation for victim of sexual assault or other specified crime.
The board may award compensation to a claimant of up to $15,000 for actual and unreimbursed losses and eligible expenses of any person who is sexually assaulted or who suffers personal injury or death as the result of a crime specified in section 3360, subsection 3.
2.
Payment to victim of mass violence crime; source of payments.
Notwithstanding the compensation limits in subsection 1, if the underlying crime is a mass violence crime, the board may award a total amount of compensation of more than $15,000. Any awarded amount in excess of $15,000 must be paid from the Maine Mass Violence Care Fund established in section 3360‑W.
3.
Award for family or household member.
An award of compensation for the benefit of a family or household member is derivative of the claim of the victim. The total compensation paid from the fund for all claims arising from the crime against the victim may not exceed $15,000.
4.
Payment to individuals responsible for medical, funeral and other expenses of victim.
Within the limits specified in this section, when a person dies as the direct result of a specified crime under section 3360, subsection 3, any individual who pays or who is legally responsible for medical, medically related, funeral or burial expenses may seek compensation for those unreimbursed expenses incurred by the individual. A provider of medical or funeral services may not seek reimbursement directly.
5.
Method of payment of award.
The board, in its sole discretion, may disburse funds awarded directly to the claimant or to the individuals or entities who provided the services for which compensation was awarded. In the case of more than one family or household member, the board may apportion the total compensation as the board determines.

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Legislative History

PL 1991, c. 806, §3 (NEW). PL 1995, c. 665, §JJ1 (AMD). PL 1995, c. 665, §JJ2 (AFF). PL 1997, c. 378, §9 (AMD). PL 1999, c. 360, §7 (AMD). PL 1999, c. 360, §9 (AFF). PL 1999, c. 731, §§QQQ1,2 (AMD). PL 2023, c. 643, Pt. N, §2 (RPR).