28-5-103. When compensation may be recommended; factors to be considered in making recommendations as to compensation.

In any case in which a person is injured or sustains property damage or is killed by an incident for which compensation is authorized by this part, the board may recommend to the General Assembly payment of compensation:#

1. (1)

   To or for the benefit of the injured person;#

2. (2)

   In the case of personal injury of the victim, to any person responsible for the maintenance of the victim who has suffered pecuniary loss or incurred expenses as a result of such injury;#

3. (3)

   In the case of death of the victim, to or for the benefit of any one or more of the heirs at law of the victim, who at the time of the victim’s demise were dependent upon him for over half of their support; or#

4. (4)

   To or for the benefit of the owner of the damaged property.#

In making its recommendation to the General Assembly, the board shall:#

1. (1)

   Consider a person to have intended an act, notwithstanding that by reason of age, insanity, drunkenness, or otherwise, he was legally incapable of forming a criminal intent;#

2. (2)

   Consider all circumstances surrounding the claim, including, but not limited to, provocation, consent, or any other behavior of the victim which directly or indirectly contributed to his injury or death; the prior case or social history, if any, of the victim or claimant; any need for financial aid present; and any other relevant matters; and#

3. (3)

   Take into consideration any amounts received or receivable from any other source or sources by the victim or his dependents as a result of the incident or offense giving rise to the claim.#

Claims and recommendations may be made under this Code section regardless of whether or not any person is prosecuted or convicted of any offense arising out of such act.#