§ 5 §3360-S — Victims' Property Compensation Fund

Maine § 5 §3360-S

• Jurisdiction: Maine
• Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
• Part 9: CRIMINAL JUSTICE PLANNING AND ASSISTANCE
• Ch. 316-C: VICTIMS' PROPERTY COMPENSATION FUND

Text

1.
Definitions.
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
2.
Victims' Property Compensation Fund established.
The Victims' Property Compensation Fund is established to provide for the payment of claims arising under this chapter and for the payment of all necessary and proper expenses incurred by the board in carrying out this chapter. The Attorney General shall administer the fund, which must be held separate and apart from all other money, funds and accounts. The fund receives proceeds from money collected pursuant to subsection 3 and may receive private donations, federal funds and state funds designated by law that may be used for the payment of claims and for reasonable administrative costs. Eligible investment earnings credited to the assets of the fund become part of the assets of the fund. Any unexpended balances remaining in the fund at the end of any fiscal year do not lapse and must be carried forward to the next fiscal year.
3.
Funding source.
In addition to an assessment under section 3360‑I, the court shall impose an assessment of $10 on any person convicted of murder or a Class A crime, Class B crime or Class C crime and $5 on any person convicted of a Class D crime or Class E crime. For purposes of collection and collection procedures, this assessment is considered part of the fine. At the time of commitment, the court shall inform the Department of Corrections or the county sheriff of any unpaid balances on assessments owed by the offender to the fund. All funds collected as a result of these assessments accrue to the fund, except that in fiscal year 2019-20 only, up to $10,000 of the revenues collected pursuant to this subsection may be retained by the judicial branch to be used for technology-related upgrades. When compensation is awarded from the fund, the amount of any restitution ordered and paid as part of a sentence imposed that, when added to the award from the fund, exceeds the victim's actual property loss must be paid to the fund, in an amount not to exceed the amount of the award. Similarly, the amount of any insurance, 3rd-party payment or recovery in a successful civil action against a person responsible for the property loss that, when added to the award from the fund, exceeds the victim's actual property loss must be paid to the fund, in an amount not to exceed the amount of the award.
4.
Eligibility.
The board may award compensation under this chapter to an individual who:
5.
Claim requirements.
The board shall consider a claim under this chapter if:
6.
Cooperation.
Compensation under this chapter may not be paid:
7.
Submission of claims.
The board may provide forms for the submission of claims and claims information under this chapter. A claim must be submitted to the board and must:
8.
Compensation.
The board may award compensation under this chapter to a claimant of up to $1,000 for actual and unreimbursed property losses or in whole or in part for an insurance deductible paid by the victim pursuant to an insurance claim related to the property loss. The board, in its sole discretion, may disburse funds awarded directly to the claimant or to the individuals or entities who provided the services to restore, repair or replace property for which compensation was awarded. In the case of joint claimants, the board may apportion the total compensation as the board determines.
9.
Hearing; determination of compensation.
The board may hold a hearing on any claim under this chapter, and the board shall hold a hearing if requested by the claimant. The claimant may address the board at a hearing on the claim, and the board may take testimony under oath. A determination under this subsection must be conducted as follows.
10.
Appeal.
Only a claimant under this chapter may appeal a decision of the board. An appeal of the board's final decisions must be to the Superior Court as provided for other administrative actions under chapter 375, subchapter 7. Board decisions and the amount of awards must be upheld unless the court finds no rational basis for the decision or that the board abused its discretion.
11.
Implementation.
Notwithstanding the effective date of this chapter:
12.
Information.
The Attorney General shall develop a fact sheet for victims about the victims' property compensation program under this chapter and shall make copies available to all courts, prosecutors' offices and law enforcement agencies, which shall provide the fact sheet to all victims of crimes in which property losses were incurred. The Attorney General shall make the fact sheet available on the Attorney General's publicly available website.
13.
Confidentiality.
All records and information obtained by or in the possession of the Department of the Attorney General concerning an application for or an award of compensation under this chapter are confidential and may not be disclosed, except that the Attorney General may provide access to those records and information to the board for use in the board's official duties and those records and information remain confidential while in the possession of the board. The records or information may, at the sole discretion of the Attorney General or designee of the Attorney General, be disclosed to:

Legislative History

PL 2019, c. 549, §5 (NEW).