Effective 28 Aug 2001

537.681. Eligibility requirements — waiver of certain requirements, when — incarcerated victim, procedure. — 1. The following persons shall be eligible for compensation pursuant to sections 537.675 to 537.693:

(1) An uncompensated tort victim; and

(2) In the case of the death of the uncompensated tort victim as a direct result of the tort:

(a) The class of persons identified in subsection 1 of section 537.080; and

(b) Any relative of the uncompensated tort victim who legally assumes the obligation for, or who has incurred medical or burial expenses as a direct result of the tort at issue.

2. An uncompensated tort victim that is found personally liable on a cross-complaint of tort, or found to have been contributorily or comparatively negligent, shall only be eligible to receive compensation to the extent of the favorable net amount awarded by the judge or jury. No uncompensated tort victim or other eligible claimant shall be denied compensation solely because such person is a relative of the tort-feasor or was living with the tort-feasor as a family or household member at the time of the injury or death. The division, however, may award compensation to a victim or other eligible claimant only if the division can reasonably determine that the tort-feasor will receive no substantial economic benefit or unjust enrichment from the compensation.

3. The division may waive the requirements of paragraph (e) of subdivision (5) of subsection 1 of section 537.675 if it determines that the interest of justice would be served by doing so.

4. In the case of an uncompensated tort victim or other eligible claimant who is incarcerated as a result of a conviction of a crime not related to the incident which is the basis for the claimant's application:

(1) The division shall suspend all proceedings and payments until such time as the uncompensated tort victim or other eligible claimant is released from incarceration;

(2) The division shall notify the claimant at the time the proceedings are suspended of the right to reactivate the claim within six months of his or her release from incarceration;

(3) The uncompensated tort victim or other eligible claimant may file an application to request that the case be reactivated not later than six months after the date he or she is released from incarceration. Failure to file such request within the six-month period shall serve as a bar to any recovery.

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(L. 2001 H.B. 107)