Affected: IC 5-2-6.1
(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).
No award may be made unless the division
finds the following:
(1) A violent crime was
(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
(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
An award made under
this rule shall be in an amount not to exceed out-of-pocket medical expenses,
(1) loss of actual earnings
consistent with this rule;
reasonable child care expenses not to exceed one thousand dollars
(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
an award, the division shall apply the proceeds of the award in the following
(1) Reasonable attorney's fees as
determined by the division.
Outstanding medical and funeral expenses.
(3) Reimbursement of compensable
(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.
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.
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.
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
(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
(o) Compensation by the
division for funeral, burial, or cremation expenses shall not exceed four
thousand dollars ($4,000) per victim per claim.
Compensation by the division for
outpatient psychological or psychiatric counseling, or both, shall not exceed
(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