Current through the 2023 Legislative Sessions
Section 54-23.4-10 - Award and payment of compensation1. An award may be made whether or not any person is prosecuted or convicted. Proof of conviction of a person whose acts give rise to a claim is conclusive evidence that the crime was committed, unless an application for rehearing, an appeal of the conviction, or certiorari is pending, or a rehearing or new trial has been ordered.2. The division may suspend the proceedings pending disposition of a criminal prosecution that has been commenced or is imminent, but may make a tentative award under section 54-23.4-14.3. A claim for crime victims compensation benefits is presumed closed if the division has not paid any benefit or received a demand for payment of benefits for a period of five years from the date a payment was last made on a claim. A claim that is presumed closed may not be reopened for payment of any further benefits unless the presumption is rebutted by a preponderance of the evidence that the criminally injurious conduct is the principal cause of the current symptoms.4. A claim for crime victims compensation benefits must be closed ten years after benefits have last been paid and may not be reopened.5. This section applies to all claims for crime victims compensation benefits, irrespective of the date of the criminally injurious conduct.