203 IAC 1-1-9 - Awards

Authority: IC 5-2-6.1-46

Affected: IC 5-2-6.1

Sec. 9.

(a) No award will be made on a claim unless the claimant has incurred a minimum out-of-pocket loss of one hundred dollars ($100).

(b) No award may be made unless the division finds the following:

(1) A violent crime was committed.

(2) The crime occurred within the state though the victim need not be a resident of the state at the time of occurrence of the crime upon which the claim is based.

(3) The crime directly resulted in personal physical injury or death of the victim.

(4) The crime was reported to a law enforcement officer within forty-eight (48) hours after the occurrence of the crime, and the claimant has cooperated fully with law enforcement personnel to solve the crime, unless the director, for good cause shown, finds such failure to report or cooperate with law enforcement officials to have been justified.

(c) An award made under this rule shall be in an amount not to exceed out-of-pocket expenses, together with loss of actual earnings consistent with this rule and other actual expenses resulting from the bodily injury or death of the victim.

(d) An award made under this rule shall be in an amount not to exceed out-of-pocket medical expenses, together with:

(1) loss of actual earnings consistent with this rule;

(2) reasonable child care expenses not to exceed one thousand dollars ($1,000);

(3) loss of financial support consistent with this rule; and

(4) other actual expenses;

resulting from the bodily injury or death of the victim. In no case shall the total amount of an award exceed fifteen thousand dollars ($15,000) per victim.

(e) In instances of claims based on physical injuries or death, the division shall exercise its discretion in determining whether payments are to be made in a lump sum or periodically.

(f) When disbursing an award, the division shall apply the proceeds of the award in the following order:

(1) Reasonable attorney's fees as determined by the division.

(2) Outstanding medical and funeral expenses.

(3) Reimbursement of compensable out-of-pocket expenses.

(4) Loss of income the victim would have earned had the victim not been injured.

(5) Loss of financial support that the victim would have supplied to legal dependents had the victim not died or been injured.

In the event that the expenses in subdivision (2) exceed the total amount of the award, the division shall prorate the award among the providers in that category.

(g) If there are two (2) or more persons entitled to an award as a result of the death of a person that is the direct result of a crime, the director shall apportion the award among the claimants in the proportion the deceased victim contributed to their support. In the event of a change of dependency of the claimant or any one (1) of them, either by marriage or otherwise, the division may change the proportion and the amount of the payments to the claimant.

(h) If the recipient of an award is a minor, the director may require that a guardianship be established and the award be delivered to the guardian of the minor's estate.

(i) In determining whether to award loss of income to a victim who has died or been injured, the following factors may be considered by the division:

(1) Whether the victim was employed at the time of injury or death.

(2) The victim's employment history, education, and job skills.

(3) The victim's age, life expectancy, and past earnings.

(4) Other relevant factors.

(j) The part of each award covering unpaid expenses of a claimant may be made payable directly to each creditor subject to the claimant's consent.

(k) An emergency award of not more than five hundred dollars ($500) may be made by the director or his or her designee prior to the determination of final award if it is determined by the director that a severe financial hardship exists.

(l) No request for an emergency award shall be considered unless a claim has been filed with the division. The claim and the request for the emergency award may be filed simultaneously.

(m) A request for an emergency award may be made either by mail or in person upon an affidavit setting forth in detail the grounds.

(n) The amount of an emergency award shall be deducted from the final award made by the division, and, if no final award is made or the amount of the emergency award exceeds the amount of the final award, the amount shall be recoverable from the claimant.

(o) Compensation by the division for funeral, burial, or cremation expenses shall not exceed four thousand dollars ($4,000) per victim per claim.

(p) Compensation by the division for outpatient psychological or psychiatric counseling, or both, shall not exceed the following:

(1) One thousand dollars ($1,000) for mental health facilities or counselors who do not use a sliding fee schedule based on the victim's income.

(2) One thousand five hundred dollars ($1,500) for mental health facilities or counselors who use a sliding fee schedule based on the victim's income. Prior to qualifying under this subdivision, the sliding fee schedule must be submitted to the division for approval.

Notes

203 IAC 1-1-9

Victim Services Division; 203 IAC 1-1-9; filed Aug 26, 2004, 1:30 p.m.: 28 IR 8; readopted filed Dec 2, 2010, 2:29 p.m.: 20101229-IR-203100660RFA Readopted filed 11/30/2017, 1:38 p.m.: 20171227-IR-203170441RFA Readopted filed 6/22/2023, 11:34 a.m.: 20230719-IR-203230221RFA