§ 4–506. Eligibility for compensation.
*NOTE: This section includes amendments by emergency legislation that will expire on June 9, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
(a) A claimant is eligible to receive compensation under this subchapter if:
(1) The claimant filed a claim under this subchapter within one year after:
(A) The crime occurred;
(B) Learning of the Program, with an adequate showing that the delay in learning of the Program was reasonable;
(C) The filing or resolution of a first application, or any subsequent application entertained by the court, for a sentence modification as described in § 24-403.03;
(D) The filing or resolution of a motion to modify a term of imprisonment as described in § 24-403.04; or
(E) The filing or resolution of any other post-conviction motion in which the claimant was a victim or secondary victim; and
(2) The crime was reported to a law enforcement office within 7 days after its occurrence or, if the crime could not be reasonably reported within that time period, within 7 days from the time a report can reasonably be made.
(a-1)(1) Notwithstanding any other provision of law, a victim of the offense of malicious burning, destruction, or injury of another's property, as described in § 4-501(6)(Y), whose claim is barred under subsection (a)(1)(A) of this section, may file a claim under this subchapter during the one-year period after the April 6, 2023, which shall be deemed timely filed under subsection (a)(1)(A) of this section; provided, that the offense occurred within the 2-year period before April 6, 2023.
(2) Compensation awarded for a claim filed under paragraph (1) of this subsection shall be limited to the reasonable cost of replacing doors, windows, locks, or other items to secure the victim's home or other place of residence, which shall not exceed $1,000.
(a-2)(1) A claimant shall not be deemed ineligible to receive compensation in cases where the claimant is a family member or household member of the perpetrator of the crime for which compensation is sought.
(2) The identification, arrest, prosecution, or conviction of a perpetrator of the crime for which compensation is sought is not required for a claimant to be eligible for compensation.
(3) Unless an application for rehearing, appeal, or petition for certiorari is pending or a new trial or hearing has been ordered, conviction of the perpetrator of the crime for which compensation is sought is conclusive evidence that a crime was committed.
(4) If the offense listed in the police report or criminal charge is not a crime eligible for compensation, the Program may determine a claimant's eligibility based on the facts of the incident for which compensation is sought instead of the offense listed in the police report or criminal charge.
(b) The offender shall not be unjustly enriched by an award of compensation to the claimant, except that this requirement may be waived in cases involving extraordinary circumstances where the interests of justice so require.
(c) Notwithstanding subsection (a)(2) of this section, the victim may satisfy the reporting requirement by:
(1) In the case of a domestic violence victim, obtaining a:
(A) Temporary protection order or civil protection order from the Court; or
(B) Forensic medical examination;
(2) In the case of a stalking victim, obtaining a temporary anti-stalking order or anti-stalking order from the Court;
(3) In the case of a sexual assault victim:
(A) Obtaining a:
(i) Temporary civil protection order or civil protection order from the Court; or
(ii) Forensic medical examination; or
(B) Reporting the offense to a law enforcement office before expiration of the applicable statute of limitations for that offense, as provided in § 23-113;
(4) In the case of a victim of cruelty to children, the filing of a neglect petition by the District of Columbia in the Court; or
(5) For any victim, if the Program determines that the claimant's ability to report the crime may be impacted due to the claimant's age, physical condition, psychological state, cultural or linguistic barriers, or any other health or safety concern that jeopardizes the claimant's well-being, as described in 34 U.S.C. § 20102(b)(2), including in their application any of the following documents establishing they are a victim:
(A) An order or judgement from any court of competent jurisdiction;
(B) Records from a law enforcement agency; or
(C) Records from a medical professional from whom the victim has sought assistance in dealing with the alleged crime.
(d) The time limit requirements of this section may be waived for good cause shown, including compelling health or safety concerns.
(e) Any written requests for information release issued to providers of medical services to victims or secondary victims, including to hospitals, physicians, and mental health clinics, shall:
(1) Not be made available to the public;
(2) Limit the request for information from the provider to an acknowledgement of their treatment of the victim or secondary victim, and that such treatment was in connection to the crime for which the claimant is requesting compensation;
(3) Include a limitation on the time or duration of the authorization for release of information;
(4) Notify the victim or secondary victim that they may submit a written revocation of the authorization for release of information;
(5) Include a disclaimer that the provider is not authorized to discuss the victim's or secondary victim's health information or medical care with anyone other than the Program; and
(6) Include a disclaimer that the provider must notify the victim or secondary victim if any additional information about the victim's or secondary victim's treatment is requested by:
(A) The Program; or
(B) Any other person or entity related to a claim under this subchapter.
(f) In evaluating the claimant's application, the Program shall not require a victim or secondary victim to affirmatively and fully waive the physician-patient privilege as a condition to claiming such compensation.
