Sec. 7. (a) Except as provided in subsection (b), if:
(1) a responsible party is found to be not guilty or has had the case against the responsible party dismissed; and
(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.
(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) 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) a civil action arising from the felony of which the responsible party is accused is not pending.