(a) The Wrongful Conviction Compensation Fund ("Fund") shall exist with the legal services appropriation within the Office of
Management and Budget.
(b) [Repealed.]
(c) The Office of Management and Budget shall pay money from the Fund in amounts and at the times as ordered by the Superior
Court under this chapter.
(d) Money in the Fund at the close of a fiscal year must remain in the Fund and not revert to the General Fund.
(e) The Office of Management and Budget shall develop and implement a process to notify the General Assembly, and Controller
General that money in the Fund may be insufficient to cover future claims when the Office of Management and Budget reasonably believes
that within 60 days the money in the Fund will be insufficient to pay claims. The process must, at a minimum, do all of the following:
(1) Identify a specific date by which the money in the Fund will become insufficient to pay claims.
(2) Outline a clear process indicating the order in which claims pending with the Fund will be paid.
(3) Outline a clear process indicating the order in which claims that were pending with the Fund when money became insufficient
will be paid, if money subsequently becomes available.
(f) The Office of Management and Budget shall report quarterly to the Joint Finance Committee and the Controller General all of the
following as of the end of the quarter:
(1) All payments made from the Fund in the quarter, indicating for each payment whether it is for a new settlement or award or
continued payment for a previous settlement or award.
(2) Any settlements that have been reached or awards that have been made for which payments have not been made.
(3) The number of actions in which an order or judgment has been entered denying the claim, and the reasons for each denial.
(4) The number of known claims for compensation under this chapter for which there are no final settlements or awards, indicating
for each claim, if pending, the amount claimed and the potential payment.
(5) The balance in the Fund.‹ Prev All Delaware sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.