LegalFix

§ 16-90-712. Conditions for reparations -- Changes in awards

AR Code § 16-90-712 (2018) (N/A)
Copy with citation
Copy as parenthetical citation

(a) Reparations shall not be awarded:

(1) Unless the claim has been filed with the Crime Victims Reparations Board within one (1) year after the injury or death upon which the claim is based, unless the board finds good cause for the failure to file a timely claim;

(2) To a claimant who was the offender or an accomplice of the offender;

(3) To another person if the award would unjustly benefit the offender or accomplice;

(4) To a victim who is injured or killed while confined in state, county, or municipal jail, prison, or other correctional facility as a result of conviction of any crime;

(5) To any claimant who has been convicted of a felony involving criminally injurious conduct;

(6) Unless the criminally injurious conduct resulting in injury or death was reported to the proper authorities within seventy-two (72) hours after its occurrence, or the board finds there was good cause for the failure to report within that time; or

(7) (A) (i) If there are insufficient funds in the Crime Victims Reparations Revolving Fund.

(ii) However, when sufficient funds become available, the awards which have not been paid shall be paid in chronological order with the oldest paid first, unless the board finds that compelling circumstances support a payment out of chronological order.

(B) Any award under this subchapter is specifically not a claim against the state if it cannot be paid due to a lack of funds in the fund.

(b) Reparations otherwise payable to a claimant shall be diminished to the extent:

(1) That the economic loss is recouped from collateral sources; or

(2) Of the degree of responsibility for the cause of the injury or death attributable to the victim, as determined by the board.

(c) Upon finding that the claimant or victim has not fully cooperated with appropriate law enforcement agencies, the board may deny, withdraw, or reduce an award of reparations.

(d)

(1) On its own motion or on request of the claimant, the board may reconsider a decision granting or denying an award or determining its amount.

(2) An order on reconsideration of an award shall not require a refund of amounts previously paid unless the award was obtained by fraud.

(3) Reconsideration does not affect the finality of a board decision for the purpose of judicial review.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
§ 16-90-712. Conditions for reparations -- Changes in awards