CHAPTER 6.1. COMPENSATION FOR VICTIMS OF VIOLENT CRIMES
IC 5-2-6.1
Chapter 6.1. Compensation for Victims of Violent Crimes
IC 5-2-6.1-0.5
"Bodily injury"
Sec. 0.5. As used in section 7 of this chapter, "bodily injury"means:
(1) an impairment of a physical condition;
(2) a visible injury;
(3) physical pain; or
(4) emotional trauma that stems directly from the impairment ofa physical condition, a visible injury, or physical pain.
As added by P.L.121-2006, SEC.1.
IC 5-2-6.1-1
Claimant
Sec. 1. As used in this chapter, "claimant" means a victim filingan application for assistance under this chapter. The term includes:
(1) a parent;
(2) a surviving spouse;
(3) a legal dependent; or
(4) a personal representative;
of the claimant.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-2
Division
Sec. 2. As used in this chapter, "division" refers to the victimservices division of the Indiana criminal justice institute.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-2.5
"Emergency shelter care"
Sec. 2.5. As used in this chapter, "emergency shelter care" meanshousing in a facility having the primary purpose of providingtemporary or transitional shelter for the homeless or for a specificpopulation of the homeless.
As added by P.L.121-2006, SEC.2.
IC 5-2-6.1-3
Fund
Sec. 3. As used in this chapter, "fund" refers to the violent crimevictims compensation fund established by section 40 of this chapter.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-4
Institute
Sec. 4. As used in this chapter, "institute" means the Indianacriminal justice institute established by IC 5-2-6.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-5
Intoxicated
Sec. 5. As used in this chapter, "intoxicated" has the meaning setforth in IC 9-13-2-86.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-5.5
"Motor vehicle"
Sec. 5.5. As used in this chapter, "motor vehicle" has the meaningset forth in IC 7.1-1-3-26.3.
As added by P.L.121-2006, SEC.3.
IC 5-2-6.1-5.7
Out-of-pocket loss
Sec. 5.7. As used in this chapter, "out-of-pocket loss" means anamount equal to the amount of reimbursement payable underIC 27-8-10-3 for each of the types of services and items provided toa victim as a result of the bodily injury or death upon which anapplication is based.
As added by P.L.129-2009, SEC.1.
IC 5-2-6.1-6
Person
Sec. 6. As used in this chapter, "person" includes a soleproprietorship, a partnership, a corporation, an association, afiduciary, and an individual.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-6.7
Terrorist act
Sec. 6.7. As used in this chapter, "terrorist act" means an act that:
(1) involves a violent act that is dangerous to human life;
(2) violates a criminal law of the United States or of any stateor that would be a criminal violation if committed within thejurisdiction of the United States or of any state;
(3) appears to be intended to:
(A) intimidate or coerce a civilian population;
(B) influence the policy of a government by intimidation orcoercion; or
(C) affect the conduct of a government by assassination orkidnapping; and
(4) occurs primarily outside the territorial jurisdiction of theUnited States or transcends national boundaries because of the:
(A) means by which the act is accomplished;
(B) persons intended to be intimidated or coerced; or
(C) place in which the person that commits the act operatesor seeks asylum.
As added by P.L.36-1997, SEC.2.
IC 5-2-6.1-7
Victim
Sec. 7. As used in this chapter, "victim" means an individual whosuffers bodily injury or death as a result of a violent crime.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-8
Violent crime
Sec. 8. As used in this chapter, "violent crime" means thefollowing:
(1) A crime under the Indiana Code that is a felony of any kindor a Class A misdemeanor that results in bodily injury or deathto the victim but does not include any of the following:
(A) A crime under IC 9-30-5 resulting from the operation ofa vehicle other than a motor vehicle.
(B) Involuntary manslaughter resulting from the operation ofa motor vehicle by a person who was not intoxicated (IC35-42-1-4).
(C) Reckless homicide resulting from the operation of amotor vehicle by a person who was not intoxicated (IC35-42-1-5).
(D) Criminal recklessness involving the use of a motorvehicle, unless the offense was intentional or the personusing the motor vehicle was intoxicated (IC 35-42-2-2).
(E) A crime involving the operation of a motor vehicle if thedriver of the motor vehicle was not charged with an offenseunder IC 9-30-5.
(2) A crime in another jurisdiction in which the elements of thecrime are substantially similar to the elements of a crime that,if the crime results in death or bodily injury to the victim, wouldbe a felony or a Class A misdemeanor if committed in Indiana.However, the term does not include any of the following:
(A) A crime in another jurisdiction resulting from operatinga vehicle, other than a motor vehicle, while intoxicated.
(B) A crime in another jurisdiction with elementssubstantially similar to involuntary manslaughter resultingfrom the operation of a motor vehicle if the crime wascommitted by a person who was not intoxicated.
(C) A crime in another jurisdiction with elementssubstantially similar to reckless homicide resulting from theoperation of a motor vehicle if the crime was committed bya person who was not intoxicated.
(D) A crime in another jurisdiction with elementssubstantially similar to criminal recklessness involving theuse of a motor vehicle unless the offense was intentional orthe person using the motor vehicle was intoxicated.
(E) A crime involving the operation of a motor vehicle if thedriver of the motor vehicle was not charged with an offenseunder IC 9-30-5.
(3) A terrorist act.As added by P.L.47-1993, SEC.2. Amended by P.L.36-1997, SEC.3;P.L.129-2009, SEC.2.
IC 5-2-6.1-9
Violent crime compensation unit
Sec. 9. The violent crime compensation unit is established as aunit of the victim services division of the institute.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-10
Duties of division
Sec. 10. The division shall do the following:
(1) Maintain an office and staff in Indianapolis.
(2) Prescribe forms for processing applications for assistance.
(3) Determine claims for assistance filed under this chapter andinvestigate or reopen cases as necessary.
(4) Prepare a report of the division's activities each year for thegovernor and the legislative council. A report prepared underthis subdivision for the legislative council must be in anelectronic format under IC 5-14-6.
As added by P.L.47-1993, SEC.2. Amended by P.L.28-2004, SEC.55.
IC 5-2-6.1-11
Powers of division
Sec. 11. The division may do the following:
(1) Require from the attorney general, the state policedepartment, local law enforcement personnel, a countydepartment of public welfare, or a prosecuting attorney copiesof investigations and data to assist the division in determiningthe validity of a claimant's application for assistance under thischapter.
(2) Require medical examination of victims.
(3) Hold hearings, administer oaths, examine any person underoath, issue subpoenas requiring the attendance and giving oftestimony of witnesses, and require the production of books,papers, and documentary or other evidence. The subpoenapowers provided in this subdivision may be exercised only bythe director of the division or the director's designatedrepresentative.
(4) Take or cause to be taken affidavits or depositions.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-11.5
Confidentiality
Sec. 11.5. A claimant's:
(1) personal information (as defined in IC 9-14-3.5-5); and
(2) medical records;
are confidential.
As added by P.L.121-2006, SEC.4.
IC 5-2-6.1-12
Persons eligible for assistance
Sec. 12. Except as provided in sections 13 through 15 of thischapter, the following persons are eligible for assistance under thischapter:
(1) A resident of Indiana who is a victim of a violent crimecommitted:
(A) in Indiana; or
(B) in a jurisdiction other than Indiana, including a foreigncountry, if the jurisdiction in which the violent crime occursdoes not offer assistance to a victim of a violent crime thatis substantially similar to the assistance offered under thischapter.
(2) A nonresident of Indiana who is a victim of a violent crimecommitted in Indiana.
(3) A surviving spouse or dependent child of a victim of aviolent crime who died as a result of that crime.
(4) Any other person legally dependent for principal supportupon a victim of a violent crime who died as a result of thatcrime.
(5) A person who is injured or killed while trying to prevent aviolent crime or an attempted violent crime from occurring inthe person's presence or while trying to apprehend a person whohad committed a violent crime.
(6) A surviving spouse or dependent child of a person who diesas a result of:
(A) trying to prevent a violent crime or an attempted violentcrime from occurring in the presence of the deceased person;or
(B) trying to apprehend a person who had committed aviolent crime.
(7) A person legally dependent for principal support upon aperson who dies as a result of:
(A) trying to prevent a violent crime or an attempted violentcrime from occurring in the presence of the deceased person;or
(B) trying to apprehend a person who had committed aviolent crime.
(8) A person who is injured or killed while giving aid andassistance to:
(A) a law enforcement officer in the performance of theofficer's lawful duties; or
(B) a member of a fire department who is being obstructedfrom performing lawful duties.
As added by P.L.47-1993, SEC.2. Amended by P.L.36-1997, SEC.4.
IC 5-2-6.1-13
Participants in criminal acts and prisoners not eligible for benefits;exceptions; award of compensation to dependents of violentcriminals Sec. 13. (a) Subject to subsection (b) and except as provided insubsection (c), benefits may not be awarded:
(1) if the victim sustained the injury as a result of participatingor assisting in, or attempting to commit or committing acriminal act;
(2) if the injury occurred while the victim was a resident in acounty, city, or federal jail or prison or in an institutionoperated by the department of correction;
(3) if the victim profited or would have profited from thecriminal act; or
(4) if, at the time the injury occurred, the victim was intoxicatedand contributed to the commission of an unrelated felony.
(b) If the victim is a dependent child or dependent parent of theperson who commits a violent crime, compensation may be awardedwhere justice requires.
(c) Benefits may be awarded to a person described in subsection(a)(4) who is the victim of a sex crime under IC 35-42-4, a crime offamily violence (as defined in IC 35-41-1-6.5), or a crime ofdomestic violence (as defined in IC 35-41-1-6.3).
As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006, SEC.5.
IC 5-2-6.1-13.5
Only one claimant per victim eligible for a benefit
Sec. 13.5. The division may not award a benefit to more than one(1) claimant per victim.
As added by P.L.121-2006, SEC.6.
IC 5-2-6.1-14
Persons worth more than $200,000 not eligible for benefits
Sec. 14. (a) Benefits may not be awarded to a claimant undersection 12(1), 12(2), 12(3), 12(4), or 15 of this chapter if the victimor claimant had a net worth of greater than two hundred thousanddollars ($200,000) at the time of suffering bodily injury.
(b) Benefits may not be awarded to a claimant under section12(5), 12(6), 12(7), or 12(8) of this chapter if the victim or claimanthad a net worth of greater than two hundred thousand dollars($200,000) at the time of suffering bodily injury.
As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006, SEC.7.
IC 5-2-6.1-15
Payment of funeral, burial, or cremation expenses of victim
Sec. 15. (a) If a victim of a violent crime dies as a result of thecrime, the division may pay the reasonable expenses incurred forfuneral, burial, or cremation.
(b) The division shall adopt guidelines to determine when thepayment of expenses under subsection (a) is appropriate. In adoptingguidelines under this subsection, the division shall consider theavailability of other sources of compensation, including townshipassistance and federal programs.
As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006, SEC.8;
P.L.129-2009, SEC.3.
IC 5-2-6.1-16
Applications for assistance
Sec. 16. (a) A person eligible for assistance under section 12 ofthis chapter may file an application for assistance with the divisionif the violent crime was committed in Indiana.
(b) The application must be received by the division not morethan one hundred eighty (180) days after the date the crime wascommitted. The division may grant an extension of time for goodcause shown by the claimant. However, the division may not acceptan application that is received more than two (2) years after the datethe crime was committed.
(c) The application must be filed in the office of the division inperson, through the division's web site, or by first class or certifiedmail. If requested, the division shall assist a victim in preparing theapplication.
(d) The division shall accept all applications filed in compliancewith this chapter. Upon receipt of a complete application, thedivision shall promptly begin the investigation and processing of anapplication.
As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006, SEC.9.
IC 5-2-6.1-17
Requirements for compensation
Sec. 17. (a) The division may not award compensation under thischapter unless the violent crime was reported to a law enforcementofficer not more than seventy-two (72) hours after the occurrence ofthe crime.
(b) The division may not award compensation under this chapteruntil:
(1) law enforcement and other records concerning thecircumstances of the crime are available; and
(2) any criminal investigation directly related to the crime hasbeen substantially completed.
(c) If the crime involved a motor vehicle, the division may notaward compensation under this chapter until an information orindictment alleging the commission of a crime has been filed by aprosecuting attorney.
As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006,SEC.10; P.L.129-2009, SEC.4.
IC 5-2-6.1-18
Denial of awards for failure of claimants to cooperate with lawenforcement officials
Sec. 18. The division shall deny an award of compensation underthis chapter if the claimant fails to fully cooperate with lawenforcement personnel in the investigation, apprehension, andprosecution of the offender before the date the award is paid.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-19
Forfeit of awards for failure of claimants to cooperate with lawenforcement officials
Sec. 19. A claimant who fails to fully cooperate with lawenforcement personnel in the investigation, apprehension, andprosecution of the offender after an award is paid forfeits the award.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-20
Suspension of reporting and cooperation requirements
Sec. 20. If:
(1) the division finds a compelling reason for failure to reportto or cooperate with law enforcement officials; and
(2) justice requires;
the division may suspend the requirements of section 17, 18, or 19 ofthis chapter.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-21
Compensable losses
Sec. 21. (a) This section applies to claims filed with the divisionafter December 31, 2005, and before July 1, 2009.
(b) This subsection does not apply to reimbursement for forensicand evidence gathering services provided under section 39 of thischapter.
(c) An award may not be made unless the claimant has incurredan out-of-pocket loss of at least one hundred dollars ($100).
(d) Subject to subsections (b) and (c), the division may order thepayment of compensation under this chapter for any of the following:
(1) Reasonable expenses incurred for necessary medical,chiropractic, hospital, dental, psychological, optometric,psychiatric, and ambulance services and prescription drugs andprosthetic devices that do not exceed the claimant'sout-of-pocket loss.
(2) Loss of income the:
(A) victim would have earned had the victim not died orbeen injured, if the victim was employed at the time of thecrime; or
(B) parent, guardian, or custodian of a victim who is lessthan eighteen (18) years of age incurred by taking time offwork to care for the victim.
A claimant seeking reimbursement under this subdivision mustprovide the division with proof of employment and currentwages.
(3) Reasonable emergency shelter care expenses, not to exceedthe expenses for thirty (30) days, that are incurred for theclaimant or a dependent of the claimant to avoid contact with aperson who committed the violent crime.
(4) Reasonable expense incurred for child care, not to exceedone thousand dollars ($1,000), to replace child care the victim
would have supplied had the victim not died or been injured.
(5) Loss of financial support the victim would have supplied tolegal dependents had the victim not died or been injured.
(6) Documented expenses incurred for funeral, burial, orcremation of the victim that do not exceed four thousand dollars($4,000). The division shall disburse compensation under thissubdivision in accordance with guidelines adopted by thedivision.
(7) Other actual expenses resulting from the bodily injury ordeath of the victim, including costs of mental health care, not toexceed two thousand dollars ($2,000) for the immediate familyof a homicide or sex crime victim, and any other actualexpenses that the division determines reasonable.
(e) If a health care provider accepts payment from the divisionunder this chapter, the health care provider may not require thevictim to pay a copayment or an additional fee for the provision ofservices.
(f) A health care provider who seeks compensation from thedivision under this chapter may not simultaneously seek funding forservices provided to a victim from any other source.
As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006,SEC.11; P.L.129-2009, SEC.5.
IC 5-2-6.1-21.1
Compensable losses; health care provider compensation
Sec. 21.1. (a) This section applies to claims filed with the divisionafter June 30, 2009.
(b) This subsection does not apply to reimbursement for forensicand evidence gathering services provided under section 39 of thischapter.
(c) An award may not be made unless the claimant has incurredan out-of-pocket loss of at least one hundred dollars ($100).
(d) Subject to subsections (b) and (c), the division may order thepayment of compensation under this chapter for any of the following:
(1) Reasonable expenses incurred within one hundred eighty(180) days after the date of the violent crime for necessary:
(A) medical, chiropractic, hospital, dental, optometric, andambulance services;
(B) prescription drugs; and
(C) prosthetic devices;
that do not exceed the claimant's out-of-pocket loss.
(2) Loss of income:
(A) the victim would have earned had the victim not died orbeen injured, if the victim was employed at the time of theviolent crime; or
(B) the parent, guardian, or custodian of a victim who is lessthan eighteen (18) years of age incurred by taking time offfrom work to care for the victim.
A claimant seeking reimbursement under this subdivision mustprovide the division with proof of employment and current
wages.
(3) Reasonable emergency shelter care expenses, not to exceedthe expenses for thirty (30) days, that are incurred for theclaimant or a dependent of the claimant to avoid contact with aperson who committed the violent crime.
(4) Reasonable expense incurred for child care, not to exceedone thousand dollars ($1,000), to replace child care the victimwould have supplied had the victim not died or been injured.
(5) Loss of financial support the victim would have supplied tolegal dependents had the victim not died or been injured.
(6) Documented expenses incurred for funeral, burial, orcremation of the victim that do not exceed five thousand dollars($5,000). The division shall disburse compensation under thissubdivision in accordance with guidelines adopted by thedivision.
(7) Outpatient mental health counseling, not to exceed threethousand dollars ($3,000), concerning mental health issuesrelated to the violent crime.
(8) Other actual expenses related to bodily injury to or the deathof the victim that the division determines are reasonable.
(e) If a health care provider accepts payment from the divisionunder this chapter, the health care provider may not require thevictim to pay a copayment or an additional fee for the provision ofservices.
(f) A health care provider who seeks compensation from thedivision under this chapter may not simultaneously seek funding forservices provided to a victim from any other source.
(g) The director may extend the one hundred eighty (180) daycompensation period established by subsection (d)(1) for a period notto exceed two (2) years after the date of the violent crime if:
(1) the victim or the victim's representative requests theextension; and
(2) medical records and other documentation provided by theattending medical providers indicate that an extension isappropriate.
(h) The director may extend the one hundred eighty (180) daycompensation period established by subsection (d)(1) for outpatientmental health counseling, established by subsection (d)(7), if thevictim:
(1) was allegedly a victim of a sex crime (under IC 35-42-4) orincest (under IC 35-46-1-3);
(2) was under eighteen (18) years of age at the time of thealleged crime; and
(3) did not reveal the crime within two (2) years after the dateof the alleged crime.
As added by P.L.129-2009, SEC.6.
IC 5-2-6.1-22
Subrogation of rights; notice of civil actions
Sec. 22. (a) The state is subrogated to the rights of the victim to
whom an award is granted to the extent of the award.
(b) The subrogation rights are against the perpetrator of the crimeor a person liable for the pecuniary loss.
(c) If the victim initiates a civil action against the perpetrator ofthe crime or against the person liable for the pecuniary loss, thevictim shall promptly notify the division of the filing of the civilaction.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-23
Liens on civil awards; deductions; limits
Sec. 23. (a) In addition to the subrogation rights under section 22of this chapter, the state is entitled to a lien in the amount of theaward on a recovery made by or on behalf of the victim.
(b) The state may:
(1) recover the amount under subsection (a) in a separate action;or
(2) intervene in an action brought by or on behalf of the victim.
(c) If the claimant brings the action, the claimant may deduct fromthe money owed to the state under the lien the state's pro rata shareof the reasonable expenses for the court suit, including attorney's feesof not more than fifteen percent (15%).
As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006,SEC.12.
IC 5-2-6.1-24
Hearing officers
Sec. 24. (a) The division shall employ sufficient hearing officersto review each application for an award to carry out this chapter.
(b) Hearing officers must have at least three (3) semesters of legaltraining at an accredited law school or have equivalent training andexperience under standards prescribed by the director.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-25
Review of applications; additional information
Sec. 25. (a) The division shall review all applications to ensurethat the applications are complete.
(b) If an application is not complete, the application shall bereturned to the applicant with a brief statement of the additionalinformation required.
(c) The applicant may, not more than thirty (30) days after receiptof the request for additional information, either supply theinformation or appeal to the director.
(d) The decision of the director is final.
(e) If:
(1) the applicant does not furnish additional information;
(2) additional time is not granted by the director for good cause;or
(3) the applicant does not appeal the request not later than thirty
(30) days after the request;
the application shall be denied.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-26
Investigations
Sec. 26. (a) If an application is complete, the division shall acceptthe application for filing and investigate the facts stated in theapplication.
(b) As part of the investigation, the division shall verify that:
(1) a violent crime was committed;
(2) the victim was bodily injured or killed as a result of thecrime;
(3) the requirements of sections 13, 16(a), 16(b), 17, 18, and 19of this chapter are met; and
(4) out-of-pocket loss exceeded one hundred dollars ($100).
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-27
Hearings
Sec. 27. (a) A hearing officer may hold a hearing concerning themerits of the application to allow any interested person to appear tooffer evidence and argument on any issue relevant to the applicationor to the facts surrounding the bodily injury or death upon which theapplication is based.
(b) If a hearing is held, the claimant shall be notified in writing bycertified mail with return receipt requested fifteen (15) days inadvance concerning the date, time, place, and scope of the hearing inaccordance with IC 4-21.5-3.
(c) A hearing must be open to the public unless the hearingofficer, in consultation with the director, determines that the hearingor a part of the hearing should be held in private in the interest of thevictim or society where justice requires.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-28
Decisions
Sec. 28. (a) Not more than ten (10) days after the hearing, thehearing officer shall issue a written decision supported by findingsof fact and conclusions of law based on the record from the hearing,the investigation, and the application of the claimant.
(b) Copies of the decision shall be mailed to the claimant at theaddress given in the application and to the attorney general.
As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006,SEC.13; P.L.1-2007, SEC.23.
IC 5-2-6.1-29
Appeals
Sec. 29. (a) The state or a claimant may appeal the findings of thehearing officer not more than twenty-one (21) days after the date of
receipt of the findings by filing a written appeal with the director.
(b) If an appeal is filed, the director shall review the matter andplace the appeal on the docket for review by the division.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-30
Procedures
Sec. 30. A proceeding under this chapter must be according toprocedures adopted by the division.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-31
Denial of awards without opportunity for hearing prohibited
Sec. 31. The hearing officer may not deny an award withoutproviding the claimant with an opportunity for a hearing.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-32
Reduction of awards; other conditions
Sec. 32. (a) The division shall reduce an award made under thischapter by the amount of benefits received or to be received from thefollowing sources if those benefits result from or are in any mannerattributable to the bodily injury or death upon which the award isbased:
(1) Benefits from public or private pension programs, includingSocial Security benefits.
(2) Benefits from proceeds of an insurance policy.
(3) Benefits under IC 22-3-2 through IC 22-3-6.
(4) Unemployment compensation benefits.
(5) Benefits from other public funds, including Medicaid andMedicare.
Compensation must be further reduced or denied to the extent thatthe claimant's loss is recouped from other collateral sources.
(b) The division shall further reduce an award under this chapterby the following:
(1) The amount of court ordered restitution actually received bythe victim from the offender.
(2) Benefits actually received by the victim from a third partyon behalf of the offender.
(c) The division shall determine whether the victim vigorouslypursued recovery against available collateral sources described inthis section.
(d) If the division finds that a victim has failed to pursue anapplicable collateral source of recovery, the division shall reduce ordeny an award under this section by the amount that is available tothe victim through the collateral source.
(e) A claimant must exhaust any paid or otherwise compensatedvacation leave, sick leave, personal leave, or other compensatorytime accrued through an employer before applying for benefits. Thedivision may not reimburse the victim for the use of paid or
otherwise compensated vacation leave, sick leave, personal leave, orother compensatory time.
As added by P.L.47-1993, SEC.2. Amended by P.L.7-2003, SEC.1;P.L.121-2006, SEC.14.
IC 5-2-6.1-33
Refund of award overpayments
Sec. 33. If:
(1) an award is made under this chapter; and
(2) the claimant receives a sum required to be deducted undersection 32 of this chapter;
the claimant shall refund to the state the amount of overpayment.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-34
Denial of awards due to victim's contributory conduct
Sec. 34. (a) In determining the amount of the award, the divisionshall determine whether the victim contributed to the infliction of thevictim's injury or death.
(b) If the division finds that the victim contributed to the inflictionof the victim's injury or death, the division may deny an award.
(c) If the division further finds that the victim's contributoryconduct was solely attributable to an effort to:
(1) prevent a crime from occurring in the victim's presence; or
(2) apprehend a person who committed a crime in the victim'spresence;
the victim's contributory conduct does not render the victimineligible for compensation.
As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006,SEC.15.
IC 5-2-6.1-35
Amount of awards; joint payments
Sec. 35. (a) An award to a claimant under this chapter:
(1) may not exceed fifteen thousand dollars ($15,000); and
(2) may not cover the first one hundred dollars ($100) of theclaim.
(b) The part of an award covering an unpaid bill shall be madepayable to the service provider.
As added by P.L.47-1993, SEC.2. Amended by P.L.55-2000, SEC.1;P.L.121-2006, SEC.16.
IC 5-2-6.1-36
Emergency awards
Sec. 36. (a) If:
(1) the division determines that a claimant will suffer severefinancial hardship unless an emergency award is made; and
(2) it appears likely that a final award will be made;
an emergency award not to exceed five hundred dollars ($500) maybe authorized by the director or the director's designated
representative.
(b) The amount of an emergency award is:
(1) deducted from the final award made by the division; and
(2) recoverable from the claimant if no award is made by thedivision or to the extent that the emergency award exceeds theamount of the final award.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-37
Repealed
(Repealed by P.L.121-2006, SEC.30.)
IC 5-2-6.1-37.5
Contingency fee at hearing may not exceed 10%
Sec. 37.5. An attorney who represents a victim at a hearingconducted by the division related to a claim under this chapter maynot:
(1) charge a claimant a contingency fee for the representationthat exceeds ten percent (10%) of the value of the award; or
(2) receive a direct payment from the division.
As added by P.L.121-2006, SEC.17.
IC 5-2-6.1-38
Exemption of awards from process
Sec. 38. An award made by the division to a claimant is notsubject to execution, attachment, garnishment, or other process,except the claim of a creditor to the extent that the costs wereincluded in the award.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-39
Payment of forensic medical exams and additional forensic services
Sec. 39. (a) When a hospital acting under IC 16-21-8 provides aforensic medical exam to an alleged sex crime victim, the hospitalshall furnish the forensic medical exam described in IC 16-21-8-6without charge. The victim services division of the Indiana criminaljustice institute shall reimburse a hospital for its costs in providingthese services and shall adopt rules and procedures to provide forreasonable reimbursement. A hospital may not charge the victim forservices required under this chapter, despite delays in reimbursementfrom the victim services division of the Indiana criminal justiceinstitute.
(b) When a hospital acting under IC 16-21-8 provides a forensicmedical exam to an alleged sex crime victim, the hospital may alsofurnish additional forensic services to the alleged sex crime victim.However, the additional forensic services, if furnished, shall befurnished without charge. The victim services division of the Indianacriminal justice institute shall reimburse a hospital for its costs inproviding these services and may adopt rules and procedures toprovide for reasonable reimbursement. A hospital may not charge the
victim for services required under this chapter even if there is a delayin receiving reimbursement from the victim services division of theIndiana criminal justice institute.
(c) Costs incurred by a hospital or other emergency medicalfacility for the examination of the victim of a sex crime (underIC 35-42-4) not covered under IC 16-21-8 or incest (underIC 35-46-1-3), if the examination is performed for the purposes ofgathering evidence for possible prosecution, may not be charged tothe victim of the crime.
(d) When a licensed medical service provider not covered bysubsection (a) or (b) elects to provide a forensic medical exam to analleged victim of one (1) or more of the sex crimes listed inIC 16-21-8-1(b), the medical service provider shall furnish the examwithout charge. The victim services division of the Indiana criminaljustice institute shall reimburse a medical service provider for costsin providing forensic medical exams. A medical service provider maynot charge the victim for a forensic medical exam required under thischapter even if there is a delay in receiving reimbursement from thevictim services division of the Indiana criminal justice institute.
(e) When a licensed medical service provider not covered bysubsection (a) or (b) elects to provide additional forensic services toan alleged sex crime victim, the medical service provider shallfurnish the services without charge. The victim services division ofthe Indiana criminal justice institute shall reimburse a medicalservice provider for costs in providing the additional forensicservices. A medical service provider may not charge the victim forservices required under this chapter even if there is a delay inreceiving reimbursement from the victim services division of theIndiana criminal justice institute.
(f) The victim services division of the Indiana criminal justiceinstitute is not required to reimburse a medical service provider forcosts in providing additional forensic services unless the followingconditions are met:
(1) The victim is at least eighteen (18) years of age.
(2) If the victim is less than eighteen (18) years of age, a reportof the sex crime must be made to child protective services or alaw enforcement officer.
(3) The sex crime occurred in Indiana.
If the division finds a compelling reason for failure to comply withthe requirements of this section, the division may suspend therequirements of this section.
(g) Costs incurred by a licensed medical service provider for theexamination of the victim of a sex crime (under IC 35-42-4) notcovered under IC 16-21-8 or incest (under IC 35-46-1-3) may not becharged to the victim of the crime if the examination is performed forthe purposes of gathering evidence for possible prosecution.
As added by P.L.47-1993, SEC.2. Amended by P.L.36-1997, SEC.5;P.L.121-2006, SEC.18; P.L.41-2007, SEC.1; P.L.129-2009, SEC.7.
IC 5-2-6.1-40
Compensation fund; establishment
Sec. 40. The violent crime victims compensation fund isestablished as a dedicated fund to provide money for the awardsprovided under this chapter and for reimbursements underIC 16-21-8-6.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-41
Compensation fund; composition
Sec. 41. The fund consists of amounts deposited underIC 5-2-6.3-6(b)(3), IC 11-10-7-5, IC 11-10-8-6, IC 33-37-7-9,IC 34-51-3-6, and IC 35-50-5-3 and appropriations from the generalassembly.
As added by P.L.47-1993, SEC.2. Amended by P.L.98-2004, SEC.49;P.L.121-2006, SEC.19; P.L.105-2006, SEC.1.
IC 5-2-6.1-42
Compensation fund; reversion of money and income
Sec. 42. Money in the fund and income derived from money in thefund do not revert to the state general fund at the end of a state fiscalyear.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-43
Computation and payment of awards
Sec. 43. (a) If the division determines that an award from the fundbecomes final during a month, the division shall compute the awardbefore the fifteenth day of the following month.
(b) Except as provided in section 44 of this chapter, an awardmust be paid not more than thirty (30) days after the date on whichthe award is computed.
(c) Awards must be paid in the order in which the awards becomefinal.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-44
Suspension of payments; prorated payments
Sec. 44. (a) If the fund would be reduced below two hundred fiftythousand dollars ($250,000) by payment in full of all awards thatbecome final in a month, the division shall suspend payment of theclaims that become final during the month and the following two (2)months.
(b) At the end of the suspension period the division shall pay thesuspended claims. If the fund would be exhausted by payment in fullof the suspended claims, the amount paid to each claimant shall beprorated.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-45
Liability for determinations
Sec. 45. The state is not liable for a written determination madeby the division under this chapter except to the extent that money isavailable in the fund on the date the award is computed by thedivision under this chapter.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-46
Rules
Sec. 46. The division shall adopt rules under IC 4-22-2 governingthe computation and payment of awards under this chapter and thepayment of reimbursements under IC 16-21-8-6.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-47
Forfeit of awards for forgery, fraud, or deception
Sec. 47. A claimant convicted of forgery, fraud, or deception inconnection with a claim under this chapter forfeits an award paid tothe claimant under this chapter.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-48
Expenses of administration
Sec. 48. The division may pay expenses incurred in administeringthis chapter only from money appropriated for that purpose from theviolent crime victims compensation fund.
As added by P.L.47-1993, SEC.2.
IC 5-2-6.1-49
Secured storage fund
Sec. 49. (a) The secured storage fund is established as a dedicatedfund to provide money to assist counties to pay expenses for thesecured storage of samples from forensic medical examinations ofalleged sex crime victims.
(b) The division shall administer the secured storage fund.
(c) The institute shall identify grants and other funds that can beused to fund the secured storage of samples from forensic medicalexaminations of alleged sex crime victims.
(d) The division may accept any gifts or donations to the securedstorage fund.
(e) Money in the secured storage fund at the end of a state fiscalyear does not revert to the state general fund.
As added by P.L.41-2007, SEC.2.