Or. Admin. Code § 137-076-0016 - Eligibility Criteria
(1)
Unless otherwise required by statute, for the purposes of determining an
applicant's eligibility for crime victim compensation under ORS 147.005 through
147.367 and computing the type and amount of any compensation awarded to the
applicant, the Department must use the award limits in effect on the date the
application was filed per ORS 147.035.
(2) A compensable crime must have been
committed by a person of full legal capacity for the victim or applicant to be
eligible for an award of compensation. If the Department approves an award of
compensation, and a court of competent jurisdiction subsequently finds that the
suspect is not criminally responsible or is incapacitated, the Department will
not change or rescind the award.
(3) When an order is used to satisfy the
reporting requirement per ORS 147.015(2) and the order was dismissed after a
contested hearing, a counseling only benefit may be provided.
(4) Notification of the perpetration of the
crime as required by ORS 147.015 must have been done prior to the application
being received by the Department in order for a person to be eligible for an
award of compensation. Any documentation used to satisfy the notification
requirement must be directly related to the compensable crime.
(5) Pursuant to ORS 147.105(6), if an
applicant is incarcerated at the time they apply for compensation, the
application will be processed in the normal course of business. Payments can be
made to health and other qualified providers, but any reimbursement to the
applicant will not be made until they are released from custody. Payments will
not be made for any healthcare received by the applicant while the applicant is
incarcerated. The claim expiration will be extended for 3 years from the date
the applicant is released from custody.
(6) If the applicant files an application for
a compensable crime and does not meet the eligibility requirements set forth in
ORS 147.015, the Department may grant a limited counseling award of up to
$5,000.00.
Notes
Statutory/Other Authority: ORS 147.205(3)
Statutes/Other Implemented: ORS 147.205(3)
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