(a) Whenever any person is convicted of an offense and a payment of compensation is, or has been, made under this chapter for a personal injury or death resulting from the act constituting such offense, the State may institute an action against such person for the recovery of the whole or any specified part of the compensation in any Superior Court within the State, or in any other court, either state or federal, if such court has custody or control of funds of the criminal or which may be awarded to the criminal. Any amounts recovered under this section shall be deposited to the fund which finances the administration of this chapter.
(b) Any payment of compensation under this chapter shall not affect any right of any person to recover damages in a civil action from the person or persons convicted of the offense giving rise to the claim for compensation.
(c) Whenever any person is sentenced for an offense and compensation has been paid under this chapter to a victim of such offense, the Agency may assert a claim for reimbursement of the Victims’ Compensation Fund as restitution from the criminal defendant. In support of such claim, the Agency shall submit an affidavit with supporting documentation to the sentencing court, setting forth all payments made to victims of such offenses. Restitution may be awarded to the Agency. A hearing on restitution will be held upon the timely request of the defendant. Where the compensation of the victim is continuing, and the full amount of reimbursement due has not been established by the Agency, the affidavit may so state, and the sentencing court may reserve jurisdiction over any future claim for reimbursement to the Agency. Any supplemental claim for reimbursement to the Agency shall be brought within 2 years of the offense date, or prior to the expiration of a term of probation imposed on the defendant for an offense giving rise to the claim for compensation, whichever date comes first. The courts shall establish procedures for determining the amount of reimbursement due to the Victims’ Compensation Fund from offenders.
59 Del. Laws, c. 519, § 1; 77 Del. Laws, c. 193, § 1; 79 Del. Laws, c. 404, § 2.
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