§ 1-40-110 — Compensation award

(a) If a person is injured or killed by a criminal act,
the division may order the payment of compensation in accordance
with this act for:
(i) Expenses actually and reasonably incurred as a
result of the personal injury or death of the victim, by the
victim, his dependent, or any person responsible for the
victim's maintenance;
(ii) Loss of earning power as a result of the
victim's total or partial incapacity;
(iii) Economic loss to the deceased victim's
dependents; and
(iv) Any other loss resulting from the personal
injury or death of the victim which the division determines to
be reasonable.
(b) In determining whether to award compensation under
this act, the division shall consider:
(i) All circumstances surrounding the victim's
conduct determined to be relevant which directly contributed to
the victim's injury or death;
(ii) Need for financial aid; and
(iii) Any other relevant matters.
(c) The division shall not consider whether the alleged
assailant has been apprehended, prosecuted or convicted, nor the
result of any criminal proceedings against him.
(d) The crime victims compensation account is not a state
health program and is not intended to be used as a primary payor
to other health care assistance programs, but is a public,
quasi-charitable fund whose fundamental purpose is to assist
victims of violent crimes through a period of financial hardship
as a payor of last resort. Payment made in accordance with this
section shall be considered payment of last resort that follows
all other sources and is provided subsequent to all other
benefits. Accordingly, in determining the amount of
compensation to be allowed by order, the division shall consider
amounts received or receivable from any other source or sources
by the victim or his dependents as a result of the incident or
offense giving rise to the application. The division shall not
deny compensation solely because the applicant is entitled to
income from a collateral source.