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Mississippi Code Title 99. Criminal Procedure § 99-41-11. Investigation and procedures

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(1)?The director shall award compensation for economic loss arising from criminally injurious conduct if satisfied by a preponderance of the evidence that the requirements for compensation have been met.

(2)?The director shall make such investigations, administer such oaths or affirmations and receive such evidence as he deems relevant and necessary to make a determination on any application received. ?The director shall have the power to subpoena witnesses, compel their attendance and require the production of records and other evidence. ?Application to a court for aid in enforcing a subpoena may be made in the name of the director. ?To the extent that funds are appropriated or otherwise available, the Attorney General may employ such personnel, including expert witnesses, as may be required in connection with particular applications before the director, and the director may take judicial notice of general, technical and scientific facts within his specialized knowledge.

(3)?The director may settle a claim by stipulation, agreed settlement, consent order or default.

(4)?The director may request access to and obtain from prosecuting attorneys or law enforcement officers, as well as state and local agencies, any reports of investigations or other data necessary to assist the director in making a determination of eligibility for compensation under the provisions of this chapter.

(5)?Notwithstanding any other provision of law, every law enforcement agency and prosecuting attorney in the state shall provide to the director, upon request, a complete copy of the report regarding the incident and any supplemental reports involving the crime or incident giving rise to a claim filed pursuant to this chapter within thirty (30) days of such request.

(6)?Any statute providing for the confidentiality of a claimant or victim's court record shall not be applicable under this chapter, notwithstanding the provisions of any other law to the contrary; ?provided, however, any such record or report which is otherwise protected from public disclosure by the provisions of any other law shall otherwise remain subject to the provisions of such law.

(7)?The director may require that the claimant submit with the application material substantiating the facts stated in the application.

(8)?After processing an application for compensation filed under rules and regulations promulgated by the Attorney General, the director shall enter an order stating:

(a)?Findings of fact;

(b)?The decision as to whether or not compensation shall be awarded;

(c)?The amount of compensation, if any, due under this chapter;

(d)?The person or persons to whom any compensation should be paid;

(e)?The percentage share of the total of any compensation award and the dollar amount each person shall receive; ?and

(f)?Whether disbursement of any compensation awarded shall be made in a lump sum or in periodic payments.

(9)?The director on his own motion or on request of the claimant may reconsider a decision granting or denying an award or determining its amount. ?An order on reconsideration of an award shall not require a refund of amounts previously paid unless the award was obtained by fraud or upon finding that the victim's or claimant's actions and/or circumstances would no longer make the victim or claimant eligible.

(10)?If a claimant disagrees with the decision of the director, he may contest such decision to the Attorney General within thirty (30) days after notification of issuance of the decision. ?There shall be no appeal of a decision of the director except as set forth in this subsection.

(11)?In a contested case, all parties shall be afforded an opportunity for a hearing after reasonable notice pursuant to regulations promulgated pursuant to this chapter and may offer evidence and argument on any issue relevant to the claim and may examine witnesses and offer evidence in reply to any matter of an evidentiary nature relevant to the claim. ?The Attorney General shall have the power to subpoena witnesses, compel their attendance and require the production of records and other evidence. ?The decision of the Attorney General becomes the final decision. ?A record of the hearing in a contested case shall be made and shall be transcribed upon request of any party who shall pay transcription costs unless otherwise ordered by the Attorney General.

Cite this article: FindLaw.com - Mississippi Code Title 99. Criminal Procedure § 99-41-11. Investigation and procedures - last updated January 01, 2018 | https://codes.findlaw.com/ms/title-99-criminal-procedure/ms-code-sect-99-41-11/


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