53-9-127. Award of compensation. (1) The office shall award compensation benefits under this part if satisfied by a preponderance of the evidence that the requirements for compensation have been met.
(2) 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.
(3) The office may suspend the proceedings pending disposition of a criminal prosecution that has been commenced or is imminent and may make a tentative award under 53-9-126.
History: (1)En. 71-2604 by Sec. 4, Ch. 527, L. 1977; Sec. 71-2604, R.C.M. 1947; (2), (3)En. 71-2610 by Sec. 10, Ch. 527, L. 1977; Sec. 71-2610, R.C.M. 1947; R.C.M. 1947, 71-2604, 71-2610; amd. Sec. 17, Ch. 124, L. 2001.
Structure Montana Code Annotated
Title 53. Social Services and Institutions
Chapter 9. Services for Victims of Crime
Part 1. The Crime Victims Compensation Act of Montana
53-9-102. Legislative purpose and intent
53-9-104. Powers and duties of office
53-9-105. Rehabilitation of victims
53-9-107. Public inspection and disclosure of office's records
53-9-108. Limitation of benefit entitlements to proportionate share of available funds
53-9-110. Receipt of federal funds
53-9-111. Penalty for fraudulently obtaining benefits
53-9-112. Sale of confidential criminal justice information prohibited -- penalty
53-9-113. Crime victims compensation account
53-9-114. through 53-9-120 reserved
53-9-121. Application for compensation
53-9-123. Evidence of condition
53-9-124. Enforcement of office's orders -- improper assertion of privilege
53-9-125. Limitations on awards
53-9-126. Tentative award of compensation
53-9-127. Award of compensation
53-9-128. Compensation benefits
53-9-129. Award not subject to execution, attachment, garnishment, or assignment -- exception
53-9-130. Reconsideration and review of office's decisions
53-9-133. Effect of award on probation and parole of offender