§ 54-23.4-06 — Application for compensation - Awards - Limitations on awards

North Dakota § 54-23.4-06

• Jurisdiction: North Dakota
• Title 54: State Government
• Ch. 54-23.4: Crime Victims Compensation

Text

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.