137-076-0010 - Definitions

137-076-0010. Definitions

As used in ORS 147.005 through 147.367 and OAR Chapter 137 Division 76, unless the context requires otherwise:

(1) "Counseling" as used in ORS 147.005(5) means the assessment, diagnosis or treatment of mental, emotional or behavioral disorders or trauma directly related to a compensable crime.

(2) "Department" means the Crime Victim and Survivor Services Division of the Department of Justice.

(3) "Direct or collateral review" as used in ORS 147.035 means proceedings in the Oregon Court of Appeals or Supreme Court to review a judgment of conviction, appeals by the State under ORS 138.045, judicial review of a petition for post-conviction relief filed by a petitioner under ORS 138.540, or federal habeas corpus proceedings under 28 U.S.C. 2254.

(4) "Disability" means the temporary or permanent inability to perform one's essential job duties. The disability must be established by medical evidence supported by the objective findings of a medical practitioner.

(5) "Failure to cooperate" as used in ORS 147.015 means any act or omission by a victim that prejudices a law enforcement agency in the timely investigation of a crime or which causes the agency to abandon its investigation, or prejudices a prosecuting official in a timely prosecution of the crime or causes or contributes to a decision by the official to abandon prosecution.

(6) "Family" as used in ORS 147.035(4)(a) means any of the following, determined at the time of the compensable crime:

(a) Any person related to the victim by blood, marriage or adoption;

(b) The partner, domestic partner, or fiancĀ© of the victim or of a parent of the victim; or

(c) Any person who had the same primary residence as the victim at the time of the compensable crime.

(7) "Immediate family member" as used in ORS 147.005(14) means any of the following, determined at the time of the compensable crime:

(a) Any person related to the victim by blood, marriage, or adoption within the 3rd degree of consanguinity; or

(b) The partner, domestic partner, or fiancĀ© of the victim or of a parent of the victim.

(8) "Interest of justice requires" as used in ORS 147.105(6) includes, but is not limited to a situation where an applicant who failed to satisfy a financial obligation has applied for crime victim compensation as a victim of domestic violence or sexual assault, unless the unpaid financial obligation arose from restitution owed as a result of a violent crime perpetrated by the applicant.

(9) "Household member" as used in ORS 147.005(14) means any person who had the same primary residence as the victim at the time of the compensable crime.

(10) "Financial obligation" as used in ORS 147.105(6) means a financial debt ordered or imposed by a court, within or outside of the State of Oregon, as a result of a previous criminal conviction.

(11) "Friend or acquaintance" as used in ORS 147.025(2)(b) means a person the victim knew well and with whom the victim had an amicable relationship, or someone who had been introduced to, or knew the victim, but who may not have been a close friend.

(12) "Good cause" for failure to report or cooperate with law enforcement as used in ORS 147.015(1)(b) and 147.015(1)(c) exists if:

(a) The victim fails to report or cooperate based on a reasonable fear that doing so would result in retaliation to the victim or another person;

(b) The crime committed against the victim is sexual assault, domestic violence or stalking;

(c) The crime is physical or sexual abuse and the victim is a child under 18 years of age;

(d) The victim fails to report or cooperate due to the traumatic nature of the crime;

(e) The victim is physically unable to report or cooperate because of the severity of the trauma resulting from the crime; or

(f) Any other circumstance for which the Department of Justice determines satisfactory.

(13) "Good cause" for failure to satisfy a financial obligation as used in ORS 147.105(6) means a physical or mental injury suffered by the applicant that can be documented by a medical practitioner that caused the applicant to be unable to satisfy a financial obligation.

(14) "Involved in the hearing" and "involved in the oral argument" as used in ORS 147.005(11), 147.025 and 147.035 means that the victim, survivor, dependent or personal representative attended the hearing or oral argument, or participated in the hearing by providing testimony or a written statement.

(15) "Medical practitioner" means one of the following medical providers who are able to prescribe controlled substances in the course of professional practice:

(a) Doctor of Medicine licensed under ORS Chapter 677;

(b) Doctor of Osteopathy licensed under ORS Chapter 677;

(c) Podiatric Physician or Surgeon licensed under ORS Chapter 677;

(d) Dentist or Oral Surgeon licensed under ORS Chapter 679;

(e) Nurse Practitioner licensed under ORS Chapter 678;

(f) Physician's Assistant with drug dispensing authority from the Board of Medical Examiners for the State of Oregon licensed under ORS Chapter 677; or

(g) Naturopathic Physician licensed under ORS Chapter 685.

(16) "Personal representative" as used in ORS 147.025(3)(a) means a person selected by the victim, survivor or dependent to attend the hearing or oral argument on behalf of the victim, survivor, or dependent.

(17) "Prior resource" means a benefit, court award or settlement payable or available to the victim or survivor. Prior resource may include but is not limited to: private or public health insurance, automobile insurance, workers' compensation, disability insurance, homeowner's insurance, social security benefits, accidental death and dismemberment insurance, sick leave, paid time off, public assistance, restitution, civil settlements, and tribal per capita payments but does not include Indian Health Services insurance.

(18) "Reject with prejudice" means denial of the applicant's claim with conclusive and final legal effect.

(19) "Substantially attributable to the wrongful act of the victim" as used in ORS 147.015(1)(e) means the victim's injury was directly or indirectly attributable to a wrongful act from which there can be a reasonable inference that, had the act not been committed, the crime complained of likely would not have occurred.

(20) "Wrongful act" means any act that is unlawful or meets the elements of a crime, violation or infraction. "Wrongful act" also includes but is not limited to a parole or probation violation or violation of a custody release agreement.

(JD 4-1983, f. & ef. 9-1-83; JD 1-1987(Temp), f. & ef. 1-8-87; JD 2-1992, f. & cert. ef. 3-2-92; JD18-1992, f. 10-30-92, cert. ef. 11-2-92; DOJ 4-2001, f. & cert. ef. 6-1-01; DOJ 14-2004, f. & cert. ef. 11-22-04; DOJ 3-2017, f. 4-25-17, cert. ef. 4-27-17; DOJ 6-2021, amend filed 03/09/2021, effective 3/15/2021)

Statutory/Other Authority: ORS 147.205(1)

Statutes/Other Implemented: ORS 147.005, 147.015(1), 147.025(3)(a) & 147.125(1)(c)

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