1. (a) Subject to subsection (c), if:

   1. (1) the responsible party has been found to be:

      1. (A) guilty;
      2. (B) guilty but mentally ill; or

      3. (C) not responsible by reason of insanity;

         for the act of which the party has been accused; and

   2. (2) the responsible party has exhausted all appeals or if the time for appeals has expired;

      the division may distribute all money remaining in the escrow account under subsection (b) after the money has been distributed to a victim or the victim's heirs under section 5 of this chapter.

2. (b) The division shall distribute money remaining in the escrow account in the following priority:

   1. (1) The money shall be distributed to the state or local governmental entity that has incurred or will incur the greatest expense to incarcerate the responsible party in an amount equal to:

      1. (A) the amount of money the entity spent to incarcerate the responsible party; or
      2. (B) the estimated amount of money the entity will spend to incarcerate the responsible party.
   2. (2) If there is any money remaining after the distribution under subdivision (1), the money shall be distributed to any other state or local governmental entity that incurred expenses to incarcerate the responsible party in an amount equal to the amount of money the entity spent to incarcerate the responsible party.

   3. (3) If there is any money remaining after the distribution under subdivision (2), the money shall be distributed to the violent crime victims compensation fund established by IC 5-2-6.1-40 .

      To receive money distributed under this subsection, a state or local governmental entity must petition the court before which the responsible party is to be tried or in which the responsible party has been convicted for an order requiring the division to distribute money to the entity from the escrow account.

3. (c) The division may not make the payment under this section unless at least two (2) years have elapsed from the time the responsible party committed the act for which the responsible party has been charged. The division may not make the payment while a civil action arising from the felony is pending.

As added by P.L.47-1993, SEC.3. Amended by P.L.60-1995, SEC.2.