1. (a) Except as provided in subsection (b), if:

   1. (1) a responsible party is found to be not guilty or has had the case against the responsible party dismissed; and

   2. (2) if all periods for appeal by the state have expired;

      the division shall distribute all money remaining in the escrow account to the responsible party.

2. (b) If a responsible party is found to lack the competency necessary to stand trial, the division shall distribute all money remaining in the escrow account to the responsible party if:

   1. (1) the responsible party does not become competent to stand trial within five (5) years after the money is first placed in the escrow account; and
   2. (2) a civil action arising from the felony of which the responsible party is accused is not pending.

As added by P.L.47-1993, SEC.3.