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 of
a 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 filing
an 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 victim
services 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" means
housing in a facility having the primary purpose of providing
temporary or transitional shelter for the homeless or for a specific
population 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 crime
victims 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 Indiana
criminal 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 set
forth 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 meaning
set 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 an
amount equal to the amount of reimbursement payable under
IC 27-8-10-3 for each of the types of services and items provided to
a victim as a result of the bodily injury or death upon which an
application 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 sole
proprietorship, a partnership, a corporation, an association, a
fiduciary, 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 state
or that would be a criminal violation if committed within the
jurisdiction 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 or
coercion; or
(C) affect the conduct of a government by assassination or
kidnapping; and
(4) occurs primarily outside the territorial jurisdiction of the
United 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 operates
or 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 who
suffers 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 the
following:
(1) A crime under the Indiana Code that is a felony of any kind
or a Class A misdemeanor that results in bodily injury or death
to the victim but does not include any of the following:
(A) A crime under IC 9-30-5 resulting from the operation of
a vehicle other than a motor vehicle.
(B) Involuntary manslaughter resulting from the operation of
a motor vehicle by a person who was not intoxicated (IC
35-42-1-4).
(C) Reckless homicide resulting from the operation of a
motor vehicle by a person who was not intoxicated (IC
35-42-1-5).
(D) Criminal recklessness involving the use of a motor
vehicle, unless the offense was intentional or the person
using the motor vehicle was intoxicated (IC 35-42-2-2).
(E) A crime involving the operation of a motor vehicle if the
driver of the motor vehicle was not charged with an offense
under IC 9-30-5.
(2) A crime in another jurisdiction in which the elements of the
crime are substantially similar to the elements of a crime that,
if the crime results in death or bodily injury to the victim, would
be 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 operating
a vehicle, other than a motor vehicle, while intoxicated.
(B) A crime in another jurisdiction with elements
substantially similar to involuntary manslaughter resulting
from the operation of a motor vehicle if the crime was
committed by a person who was not intoxicated.
(C) A crime in another jurisdiction with elements
substantially similar to reckless homicide resulting from the
operation of a motor vehicle if the crime was committed by
a person who was not intoxicated.
(D) A crime in another jurisdiction with elements
substantially similar to criminal recklessness involving the
use of a motor vehicle unless the offense was intentional or
the person using the motor vehicle was intoxicated.
(E) A crime involving the operation of a motor vehicle if the
driver of the motor vehicle was not charged with an offense
under 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 a
unit 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 and
investigate or reopen cases as necessary.
(4) Prepare a report of the division's activities each year for the
governor and the legislative council. A report prepared under
this subdivision for the legislative council must be in an
electronic 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 police
department, local law enforcement personnel, a county
department of public welfare, or a prosecuting attorney copies
of investigations and data to assist the division in determining
the validity of a claimant's application for assistance under this
chapter.
(2) Require medical examination of victims.
(3) Hold hearings, administer oaths, examine any person under
oath, issue subpoenas requiring the attendance and giving of
testimony of witnesses, and require the production of books,
papers, and documentary or other evidence. The subpoena
powers provided in this subdivision may be exercised only by
the director of the division or the director's designated
representative.
(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 this
chapter, the following persons are eligible for assistance under this
chapter:
(1) A resident of Indiana who is a victim of a violent crime
committed:
(A) in Indiana; or
(B) in a jurisdiction other than Indiana, including a foreign
country, if the jurisdiction in which the violent crime occurs
does not offer assistance to a victim of a violent crime that
is substantially similar to the assistance offered under this
chapter.
(2) A nonresident of Indiana who is a victim of a violent crime
committed in Indiana.
(3) A surviving spouse or dependent child of a victim of a
violent crime who died as a result of that crime.
(4) Any other person legally dependent for principal support
upon a victim of a violent crime who died as a result of that
crime.
(5) A person who is injured or killed while trying to prevent a
violent crime or an attempted violent crime from occurring in
the person's presence or while trying to apprehend a person who
had committed a violent crime.
(6) A surviving spouse or dependent child of a person who dies
as a result of:
(A) trying to prevent a violent crime or an attempted violent
crime from occurring in the presence of the deceased person;
or
(B) trying to apprehend a person who had committed a
violent crime.
(7) A person legally dependent for principal support upon a
person who dies as a result of:
(A) trying to prevent a violent crime or an attempted violent
crime from occurring in the presence of the deceased person;
or
(B) trying to apprehend a person who had committed a
violent crime.
(8) A person who is injured or killed while giving aid and
assistance to:
(A) a law enforcement officer in the performance of the
officer's lawful duties; or
(B) a member of a fire department who is being obstructed
from 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 violent
criminals
Sec. 13. (a) Subject to subsection (b) and except as provided in
subsection (c), benefits may not be awarded:
(1) if the victim sustained the injury as a result of participating
or assisting in, or attempting to commit or committing a
criminal act;
(2) if the injury occurred while the victim was a resident in a
county, city, or federal jail or prison or in an institution
operated by the department of correction;
(3) if the victim profited or would have profited from the
criminal act; or
(4) if, at the time the injury occurred, the victim was intoxicated
and contributed to the commission of an unrelated felony.
(b) If the victim is a dependent child or dependent parent of the
person who commits a violent crime, compensation may be awarded
where 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 of
family violence (as defined in IC 35-41-1-6.5), or a crime of
domestic 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 under
section 12(1), 12(2), 12(3), 12(4), or 15 of this chapter if the victim
or claimant had a net worth of greater than two hundred thousand
dollars ($200,000) at the time of suffering bodily injury.
(b) Benefits may not be awarded to a claimant under section
12(5), 12(6), 12(7), or 12(8) of this chapter if the victim or claimant
had 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 the
crime, the division may pay the reasonable expenses incurred for
funeral, burial, or cremation.
(b) The division shall adopt guidelines to determine when the
payment of expenses under subsection (a) is appropriate. In adopting
guidelines under this subsection, the division shall consider the
availability of other sources of compensation, including township
assistance 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 of
this chapter may file an application for assistance with the division
if the violent crime was committed in Indiana.
(b) The application must be received by the division not more
than one hundred eighty (180) days after the date the crime was
committed. The division may grant an extension of time for good
cause shown by the claimant. However, the division may not accept
an application that is received more than two (2) years after the date
the crime was committed.
(c) The application must be filed in the office of the division in
person, through the division's web site, or by first class or certified
mail. If requested, the division shall assist a victim in preparing the
application.
(d) The division shall accept all applications filed in compliance
with this chapter. Upon receipt of a complete application, the
division shall promptly begin the investigation and processing of an
application. 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 this
chapter unless the violent crime was reported to a law enforcement
officer not more than seventy-two (72) hours after the occurrence of
the crime.
(b) The division may not award compensation under this chapter
until:
(1) law enforcement and other records concerning the
circumstances of the crime are available; and
(2) any criminal investigation directly related to the crime has
been substantially completed.
(c) If the crime involved a motor vehicle, the division may not
award compensation under this chapter until an information or
indictment alleging the commission of a crime has been filed by a
prosecuting 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 law
enforcement officials
Sec. 18. The division shall deny an award of compensation under
this chapter if the claimant fails to fully cooperate with law
enforcement personnel in the investigation, apprehension, and
prosecution 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 law
enforcement officials
Sec. 19. A claimant who fails to fully cooperate with law
enforcement personnel in the investigation, apprehension, and
prosecution 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 report
to or cooperate with law enforcement officials; and
(2) justice requires;
the division may suspend the requirements of section 17, 18, or 19 of
this 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 division
after December 31, 2005, and before July 1, 2009.
(b) This subsection does not apply to reimbursement for forensic
and evidence gathering services provided under section 39 of this
chapter.
(c) An award may not be made unless the claimant has incurred
an out-of-pocket loss of at least one hundred dollars ($100).
(d) Subject to subsections (b) and (c), the division may order the
payment 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 and
prosthetic devices that do not exceed the claimant's
out-of-pocket loss.
(2) Loss of income the:
(A) victim would have earned had the victim not died or
been injured, if the victim was employed at the time of the
crime; or
(B) parent, guardian, or custodian of a victim who is less
than eighteen (18) years of age incurred by taking time off
work to care for the victim.
A claimant seeking reimbursement under this subdivision must
provide the division with proof of employment and current
wages.
(3) Reasonable emergency shelter care expenses, not to exceed
the expenses for thirty (30) days, that are incurred for the
claimant or a dependent of the claimant to avoid contact with a
person who committed the violent crime.
(4) Reasonable expense incurred for child care, not to exceed
one 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 to
legal dependents had the victim not died or been injured.
(6) Documented expenses incurred for funeral, burial, or
cremation of the victim that do not exceed four thousand dollars
($4,000). The division shall disburse compensation under this
subdivision in accordance with guidelines adopted by the
division.
(7) Other actual expenses resulting from the bodily injury or
death of the victim, including costs of mental health care, not to
exceed two thousand dollars ($2,000) for the immediate family
of a homicide or sex crime victim, and any other actual
expenses that the division determines reasonable.
(e) If a health care provider accepts payment from the division
under this chapter, the health care provider may not require the
victim to pay a copayment or an additional fee for the provision of
services.
(f) A health care provider who seeks compensation from the
division under this chapter may not simultaneously seek funding for
services 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 division
after June 30, 2009.
(b) This subsection does not apply to reimbursement for forensic
and evidence gathering services provided under section 39 of this
chapter.
(c) An award may not be made unless the claimant has incurred
an out-of-pocket loss of at least one hundred dollars ($100).
(d) Subject to subsections (b) and (c), the division may order the
payment 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, and
ambulance 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 or
been injured, if the victim was employed at the time of the
violent crime; or
(B) the parent, guardian, or custodian of a victim who is less
than eighteen (18) years of age incurred by taking time off
from work to care for the victim.
A claimant seeking reimbursement under this subdivision must
provide the division with proof of employment and current
wages.
(3) Reasonable emergency shelter care expenses, not to exceed
the expenses for thirty (30) days, that are incurred for the
claimant or a dependent of the claimant to avoid contact with a
person who committed the violent crime.
(4) Reasonable expense incurred for child care, not to exceed
one 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 to
legal dependents had the victim not died or been injured.
(6) Documented expenses incurred for funeral, burial, or
cremation of the victim that do not exceed five thousand dollars
($5,000). The division shall disburse compensation under this
subdivision in accordance with guidelines adopted by the
division.
(7) Outpatient mental health counseling, not to exceed three
thousand dollars ($3,000), concerning mental health issues
related to the violent crime.
(8) Other actual expenses related to bodily injury to or the death
of the victim that the division determines are reasonable.
(e) If a health care provider accepts payment from the division
under this chapter, the health care provider may not require the
victim to pay a copayment or an additional fee for the provision of
services.
(f) A health care provider who seeks compensation from the
division under this chapter may not simultaneously seek funding for
services provided to a victim from any other source.
(g) The director may extend the one hundred eighty (180) day
compensation period established by subsection (d)(1) for a period not
to exceed two (2) years after the date of the violent crime if:
(1) the victim or the victim's representative requests the
extension; and
(2) medical records and other documentation provided by the
attending medical providers indicate that an extension is
appropriate.
(h) The director may extend the one hundred eighty (180) day
compensation period established by subsection (d)(1) for outpatient
mental health counseling, established by subsection (d)(7), if the
victim:
(1) was allegedly a victim of a sex crime (under IC 35-42-4) or
incest (under IC 35-46-1-3);
(2) was under eighteen (18) years of age at the time of the
alleged crime; and
(3) did not reveal the crime within two (2) years after the date
of 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 crime
or a person liable for the pecuniary loss.
(c) If the victim initiates a civil action against the perpetrator of
the crime or against the person liable for the pecuniary loss, the
victim shall promptly notify the division of the filing of the civil
action. 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 22
of this chapter, the state is entitled to a lien in the amount of the
award 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 from
the money owed to the state under the lien the state's pro rata share
of the reasonable expenses for the court suit, including attorney's fees
of 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 officers
to review each application for an award to carry out this chapter.
(b) Hearing officers must have at least three (3) semesters of legal
training at an accredited law school or have equivalent training and
experience 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 ensure
that the applications are complete.
(b) If an application is not complete, the application shall be
returned to the applicant with a brief statement of the additional
information required.
(c) The applicant may, not more than thirty (30) days after receipt
of the request for additional information, either supply the
information 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 accept
the application for filing and investigate the facts stated in the
application.
(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 the
crime;
(3) the requirements of sections 13, 16(a), 16(b), 17, 18, and 19
of 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 the
merits of the application to allow any interested person to appear to
offer evidence and argument on any issue relevant to the application
or to the facts surrounding the bodily injury or death upon which the
application is based.
(b) If a hearing is held, the claimant shall be notified in writing by
certified mail with return receipt requested fifteen (15) days in
advance concerning the date, time, place, and scope of the hearing in
accordance with IC 4-21.5-3.
(c) A hearing must be open to the public unless the hearing
officer, in consultation with the director, determines that the hearing
or a part of the hearing should be held in private in the interest of the
victim 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, the
hearing officer shall issue a written decision supported by findings
of 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 the
address 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 the
hearing 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 and
place 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 to
procedures 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 without
providing 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 this
chapter by the amount of benefits received or to be received from the
following sources if those benefits result from or are in any manner
attributable to the bodily injury or death upon which the award is
based:
(1) Benefits from public or private pension programs, including
Social 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 and
Medicare.
Compensation must be further reduced or denied to the extent that
the claimant's loss is recouped from other collateral sources.
(b) The division shall further reduce an award under this chapter
by the following:
(1) The amount of court ordered restitution actually received by
the victim from the offender.
(2) Benefits actually received by the victim from a third party
on behalf of the offender.
(c) The division shall determine whether the victim vigorously
pursued recovery against available collateral sources described in
this section.
(d) If the division finds that a victim has failed to pursue an
applicable collateral source of recovery, the division shall reduce or
deny an award under this section by the amount that is available to
the victim through the collateral source.
(e) A claimant must exhaust any paid or otherwise compensated
vacation leave, sick leave, personal leave, or other compensatory
time accrued through an employer before applying for benefits. The
division may not reimburse the victim for the use of paid or
otherwise compensated vacation leave, sick leave, personal leave, or
other 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 under
section 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 division
shall determine whether the victim contributed to the infliction of the
victim's injury or death.
(b) If the division finds that the victim contributed to the infliction
of the victim's injury or death, the division may deny an award.
(c) If the division further finds that the victim's contributory
conduct 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's
presence;
the victim's contributory conduct does not render the victim
ineligible 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 the
claim.
(b) The part of an award covering an unpaid bill shall be made
payable 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 severe
financial 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) may
be 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 the
division or to the extent that the emergency award exceeds the
amount 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 hearing
conducted by the division related to a claim under this chapter may
not:
(1) charge a claimant a contingency fee for the representation
that 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 not
subject to execution, attachment, garnishment, or other process,
except the claim of a creditor to the extent that the costs were
included 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 a
forensic medical exam to an alleged sex crime victim, the hospital
shall furnish the forensic medical exam described in IC 16-21-8-6
without charge. The victim services division of the Indiana criminal
justice institute shall reimburse a hospital for its costs in providing
these services and shall adopt rules and procedures to provide for
reasonable reimbursement. A hospital may not charge the victim for
services required under this chapter, despite delays in reimbursement
from the victim services division of the Indiana criminal justice
institute.
(b) When a hospital acting under IC 16-21-8 provides a forensic
medical exam to an alleged sex crime victim, the hospital may also
furnish additional forensic services to the alleged sex crime victim.
However, the additional forensic services, if furnished, shall be
furnished without charge. The victim services division of the Indiana
criminal justice institute shall reimburse a hospital for its costs in
providing these services and may adopt rules and procedures to
provide for reasonable reimbursement. A hospital may not charge the
victim for services required under this chapter even if there is a delay
in receiving reimbursement from the victim services division of the
Indiana criminal justice institute.
(c) Costs incurred by a hospital or other emergency medical
facility for the examination of the victim of a sex crime (under
IC 35-42-4) not covered under IC 16-21-8 or incest (under
IC 35-46-1-3), if the examination is performed for the purposes of
gathering evidence for possible prosecution, may not be charged to
the victim of the crime.
(d) When a licensed medical service provider not covered by
subsection (a) or (b) elects to provide a forensic medical exam to an
alleged victim of one (1) or more of the sex crimes listed in
IC 16-21-8-1(b), the medical service provider shall furnish the exam
without charge. The victim services division of the Indiana criminal
justice institute shall reimburse a medical service provider for costs
in providing forensic medical exams. A medical service provider may
not charge the victim for a forensic medical exam required under this
chapter even if there is a delay in receiving reimbursement from the
victim services division of the Indiana criminal justice institute.
(e) When a licensed medical service provider not covered by
subsection (a) or (b) elects to provide additional forensic services to
an alleged sex crime victim, the medical service provider shall
furnish the services without charge. The victim services division of
the Indiana criminal justice institute shall reimburse a medical
service provider for costs in providing the additional forensic
services. A medical service provider may not charge the victim for
services required under this chapter even if there is a delay in
receiving reimbursement from the victim services division of the
Indiana criminal justice institute.
(f) The victim services division of the Indiana criminal justice
institute is not required to reimburse a medical service provider for
costs in providing additional forensic services unless the following
conditions 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 report
of the sex crime must be made to child protective services or a
law enforcement officer.
(3) The sex crime occurred in Indiana.
If the division finds a compelling reason for failure to comply with
the requirements of this section, the division may suspend the
requirements of this section.
(g) Costs incurred by a licensed medical service provider for the
examination of the victim of a sex crime (under IC 35-42-4) not
covered under IC 16-21-8 or incest (under IC 35-46-1-3) may not be
charged to the victim of the crime if the examination is performed for
the 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 is
established as a dedicated fund to provide money for the awards
provided under this chapter and for reimbursements under
IC 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 under
IC 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 general
assembly. 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 the
fund do not revert to the state general fund at the end of a state fiscal
year. 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 fund
becomes final during a month, the division shall compute the award
before the fifteenth day of the following month.
(b) Except as provided in section 44 of this chapter, an award
must be paid not more than thirty (30) days after the date on which
the award is computed.
(c) Awards must be paid in the order in which the awards become
final. 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 fifty
thousand dollars ($250,000) by payment in full of all awards that
become final in a month, the division shall suspend payment of the
claims that become final during the month and the following two (2)
months.
(b) At the end of the suspension period the division shall pay the
suspended claims. If the fund would be exhausted by payment in full
of the suspended claims, the amount paid to each claimant shall be
prorated. 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 made
by the division under this chapter except to the extent that money is
available in the fund on the date the award is computed by the
division 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 governing
the computation and payment of awards under this chapter and the
payment 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 in
connection with a claim under this chapter forfeits an award paid to
the 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 administering
this chapter only from money appropriated for that purpose from the
violent 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 dedicated
fund to provide money to assist counties to pay expenses for the
secured storage of samples from forensic medical examinations of
alleged sex crime victims.
(b) The division shall administer the secured storage fund.
(c) The institute shall identify grants and other funds that can be
used to fund the secured storage of samples from forensic medical
examinations of alleged sex crime victims.
(d) The division may accept any gifts or donations to the secured
storage fund.
(e) Money in the secured storage fund at the end of a state fiscal
year does not revert to the state general fund. As added by P.L.41-2007, SEC.2.
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 of
a 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 filing
an 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 victim
services 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" means
housing in a facility having the primary purpose of providing
temporary or transitional shelter for the homeless or for a specific
population 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 crime
victims 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 Indiana
criminal 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 set
forth 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 meaning
set 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 an
amount equal to the amount of reimbursement payable under
IC 27-8-10-3 for each of the types of services and items provided to
a victim as a result of the bodily injury or death upon which an
application 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 sole
proprietorship, a partnership, a corporation, an association, a
fiduciary, 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 state
or that would be a criminal violation if committed within the
jurisdiction 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 or
coercion; or
(C) affect the conduct of a government by assassination or
kidnapping; and
(4) occurs primarily outside the territorial jurisdiction of the
United 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 operates
or 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 who
suffers 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 the
following:
(1) A crime under the Indiana Code that is a felony of any kind
or a Class A misdemeanor that results in bodily injury or death
to the victim but does not include any of the following:
(A) A crime under IC 9-30-5 resulting from the operation of
a vehicle other than a motor vehicle.
(B) Involuntary manslaughter resulting from the operation of
a motor vehicle by a person who was not intoxicated (IC
35-42-1-4).
(C) Reckless homicide resulting from the operation of a
motor vehicle by a person who was not intoxicated (IC
35-42-1-5).
(D) Criminal recklessness involving the use of a motor
vehicle, unless the offense was intentional or the person
using the motor vehicle was intoxicated (IC 35-42-2-2).
(E) A crime involving the operation of a motor vehicle if the
driver of the motor vehicle was not charged with an offense
under IC 9-30-5.
(2) A crime in another jurisdiction in which the elements of the
crime are substantially similar to the elements of a crime that,
if the crime results in death or bodily injury to the victim, would
be 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 operating
a vehicle, other than a motor vehicle, while intoxicated.
(B) A crime in another jurisdiction with elements
substantially similar to involuntary manslaughter resulting
from the operation of a motor vehicle if the crime was
committed by a person who was not intoxicated.
(C) A crime in another jurisdiction with elements
substantially similar to reckless homicide resulting from the
operation of a motor vehicle if the crime was committed by
a person who was not intoxicated.
(D) A crime in another jurisdiction with elements
substantially similar to criminal recklessness involving the
use of a motor vehicle unless the offense was intentional or
the person using the motor vehicle was intoxicated.
(E) A crime involving the operation of a motor vehicle if the
driver of the motor vehicle was not charged with an offense
under 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 a
unit 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 and
investigate or reopen cases as necessary.
(4) Prepare a report of the division's activities each year for the
governor and the legislative council. A report prepared under
this subdivision for the legislative council must be in an
electronic 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 police
department, local law enforcement personnel, a county
department of public welfare, or a prosecuting attorney copies
of investigations and data to assist the division in determining
the validity of a claimant's application for assistance under this
chapter.
(2) Require medical examination of victims.
(3) Hold hearings, administer oaths, examine any person under
oath, issue subpoenas requiring the attendance and giving of
testimony of witnesses, and require the production of books,
papers, and documentary or other evidence. The subpoena
powers provided in this subdivision may be exercised only by
the director of the division or the director's designated
representative.
(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 this
chapter, the following persons are eligible for assistance under this
chapter:
(1) A resident of Indiana who is a victim of a violent crime
committed:
(A) in Indiana; or
(B) in a jurisdiction other than Indiana, including a foreign
country, if the jurisdiction in which the violent crime occurs
does not offer assistance to a victim of a violent crime that
is substantially similar to the assistance offered under this
chapter.
(2) A nonresident of Indiana who is a victim of a violent crime
committed in Indiana.
(3) A surviving spouse or dependent child of a victim of a
violent crime who died as a result of that crime.
(4) Any other person legally dependent for principal support
upon a victim of a violent crime who died as a result of that
crime.
(5) A person who is injured or killed while trying to prevent a
violent crime or an attempted violent crime from occurring in
the person's presence or while trying to apprehend a person who
had committed a violent crime.
(6) A surviving spouse or dependent child of a person who dies
as a result of:
(A) trying to prevent a violent crime or an attempted violent
crime from occurring in the presence of the deceased person;
or
(B) trying to apprehend a person who had committed a
violent crime.
(7) A person legally dependent for principal support upon a
person who dies as a result of:
(A) trying to prevent a violent crime or an attempted violent
crime from occurring in the presence of the deceased person;
or
(B) trying to apprehend a person who had committed a
violent crime.
(8) A person who is injured or killed while giving aid and
assistance to:
(A) a law enforcement officer in the performance of the
officer's lawful duties; or
(B) a member of a fire department who is being obstructed
from 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 violent
criminals
Sec. 13. (a) Subject to subsection (b) and except as provided in
subsection (c), benefits may not be awarded:
(1) if the victim sustained the injury as a result of participating
or assisting in, or attempting to commit or committing a
criminal act;
(2) if the injury occurred while the victim was a resident in a
county, city, or federal jail or prison or in an institution
operated by the department of correction;
(3) if the victim profited or would have profited from the
criminal act; or
(4) if, at the time the injury occurred, the victim was intoxicated
and contributed to the commission of an unrelated felony.
(b) If the victim is a dependent child or dependent parent of the
person who commits a violent crime, compensation may be awarded
where 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 of
family violence (as defined in IC 35-41-1-6.5), or a crime of
domestic 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 under
section 12(1), 12(2), 12(3), 12(4), or 15 of this chapter if the victim
or claimant had a net worth of greater than two hundred thousand
dollars ($200,000) at the time of suffering bodily injury.
(b) Benefits may not be awarded to a claimant under section
12(5), 12(6), 12(7), or 12(8) of this chapter if the victim or claimant
had 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 the
crime, the division may pay the reasonable expenses incurred for
funeral, burial, or cremation.
(b) The division shall adopt guidelines to determine when the
payment of expenses under subsection (a) is appropriate. In adopting
guidelines under this subsection, the division shall consider the
availability of other sources of compensation, including township
assistance 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 of
this chapter may file an application for assistance with the division
if the violent crime was committed in Indiana.
(b) The application must be received by the division not more
than one hundred eighty (180) days after the date the crime was
committed. The division may grant an extension of time for good
cause shown by the claimant. However, the division may not accept
an application that is received more than two (2) years after the date
the crime was committed.
(c) The application must be filed in the office of the division in
person, through the division's web site, or by first class or certified
mail. If requested, the division shall assist a victim in preparing the
application.
(d) The division shall accept all applications filed in compliance
with this chapter. Upon receipt of a complete application, the
division shall promptly begin the investigation and processing of an
application. 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 this
chapter unless the violent crime was reported to a law enforcement
officer not more than seventy-two (72) hours after the occurrence of
the crime.
(b) The division may not award compensation under this chapter
until:
(1) law enforcement and other records concerning the
circumstances of the crime are available; and
(2) any criminal investigation directly related to the crime has
been substantially completed.
(c) If the crime involved a motor vehicle, the division may not
award compensation under this chapter until an information or
indictment alleging the commission of a crime has been filed by a
prosecuting 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 law
enforcement officials
Sec. 18. The division shall deny an award of compensation under
this chapter if the claimant fails to fully cooperate with law
enforcement personnel in the investigation, apprehension, and
prosecution 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 law
enforcement officials
Sec. 19. A claimant who fails to fully cooperate with law
enforcement personnel in the investigation, apprehension, and
prosecution 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 report
to or cooperate with law enforcement officials; and
(2) justice requires;
the division may suspend the requirements of section 17, 18, or 19 of
this 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 division
after December 31, 2005, and before July 1, 2009.
(b) This subsection does not apply to reimbursement for forensic
and evidence gathering services provided under section 39 of this
chapter.
(c) An award may not be made unless the claimant has incurred
an out-of-pocket loss of at least one hundred dollars ($100).
(d) Subject to subsections (b) and (c), the division may order the
payment 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 and
prosthetic devices that do not exceed the claimant's
out-of-pocket loss.
(2) Loss of income the:
(A) victim would have earned had the victim not died or
been injured, if the victim was employed at the time of the
crime; or
(B) parent, guardian, or custodian of a victim who is less
than eighteen (18) years of age incurred by taking time off
work to care for the victim.
A claimant seeking reimbursement under this subdivision must
provide the division with proof of employment and current
wages.
(3) Reasonable emergency shelter care expenses, not to exceed
the expenses for thirty (30) days, that are incurred for the
claimant or a dependent of the claimant to avoid contact with a
person who committed the violent crime.
(4) Reasonable expense incurred for child care, not to exceed
one 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 to
legal dependents had the victim not died or been injured.
(6) Documented expenses incurred for funeral, burial, or
cremation of the victim that do not exceed four thousand dollars
($4,000). The division shall disburse compensation under this
subdivision in accordance with guidelines adopted by the
division.
(7) Other actual expenses resulting from the bodily injury or
death of the victim, including costs of mental health care, not to
exceed two thousand dollars ($2,000) for the immediate family
of a homicide or sex crime victim, and any other actual
expenses that the division determines reasonable.
(e) If a health care provider accepts payment from the division
under this chapter, the health care provider may not require the
victim to pay a copayment or an additional fee for the provision of
services.
(f) A health care provider who seeks compensation from the
division under this chapter may not simultaneously seek funding for
services 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 division
after June 30, 2009.
(b) This subsection does not apply to reimbursement for forensic
and evidence gathering services provided under section 39 of this
chapter.
(c) An award may not be made unless the claimant has incurred
an out-of-pocket loss of at least one hundred dollars ($100).
(d) Subject to subsections (b) and (c), the division may order the
payment 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, and
ambulance 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 or
been injured, if the victim was employed at the time of the
violent crime; or
(B) the parent, guardian, or custodian of a victim who is less
than eighteen (18) years of age incurred by taking time off
from work to care for the victim.
A claimant seeking reimbursement under this subdivision must
provide the division with proof of employment and current
wages.
(3) Reasonable emergency shelter care expenses, not to exceed
the expenses for thirty (30) days, that are incurred for the
claimant or a dependent of the claimant to avoid contact with a
person who committed the violent crime.
(4) Reasonable expense incurred for child care, not to exceed
one 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 to
legal dependents had the victim not died or been injured.
(6) Documented expenses incurred for funeral, burial, or
cremation of the victim that do not exceed five thousand dollars
($5,000). The division shall disburse compensation under this
subdivision in accordance with guidelines adopted by the
division.
(7) Outpatient mental health counseling, not to exceed three
thousand dollars ($3,000), concerning mental health issues
related to the violent crime.
(8) Other actual expenses related to bodily injury to or the death
of the victim that the division determines are reasonable.
(e) If a health care provider accepts payment from the division
under this chapter, the health care provider may not require the
victim to pay a copayment or an additional fee for the provision of
services.
(f) A health care provider who seeks compensation from the
division under this chapter may not simultaneously seek funding for
services provided to a victim from any other source.
(g) The director may extend the one hundred eighty (180) day
compensation period established by subsection (d)(1) for a period not
to exceed two (2) years after the date of the violent crime if:
(1) the victim or the victim's representative requests the
extension; and
(2) medical records and other documentation provided by the
attending medical providers indicate that an extension is
appropriate.
(h) The director may extend the one hundred eighty (180) day
compensation period established by subsection (d)(1) for outpatient
mental health counseling, established by subsection (d)(7), if the
victim:
(1) was allegedly a victim of a sex crime (under IC 35-42-4) or
incest (under IC 35-46-1-3);
(2) was under eighteen (18) years of age at the time of the
alleged crime; and
(3) did not reveal the crime within two (2) years after the date
of 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 crime
or a person liable for the pecuniary loss.
(c) If the victim initiates a civil action against the perpetrator of
the crime or against the person liable for the pecuniary loss, the
victim shall promptly notify the division of the filing of the civil
action. 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 22
of this chapter, the state is entitled to a lien in the amount of the
award 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 from
the money owed to the state under the lien the state's pro rata share
of the reasonable expenses for the court suit, including attorney's fees
of 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 officers
to review each application for an award to carry out this chapter.
(b) Hearing officers must have at least three (3) semesters of legal
training at an accredited law school or have equivalent training and
experience 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 ensure
that the applications are complete.
(b) If an application is not complete, the application shall be
returned to the applicant with a brief statement of the additional
information required.
(c) The applicant may, not more than thirty (30) days after receipt
of the request for additional information, either supply the
information 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 accept
the application for filing and investigate the facts stated in the
application.
(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 the
crime;
(3) the requirements of sections 13, 16(a), 16(b), 17, 18, and 19
of 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 the
merits of the application to allow any interested person to appear to
offer evidence and argument on any issue relevant to the application
or to the facts surrounding the bodily injury or death upon which the
application is based.
(b) If a hearing is held, the claimant shall be notified in writing by
certified mail with return receipt requested fifteen (15) days in
advance concerning the date, time, place, and scope of the hearing in
accordance with IC 4-21.5-3.
(c) A hearing must be open to the public unless the hearing
officer, in consultation with the director, determines that the hearing
or a part of the hearing should be held in private in the interest of the
victim 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, the
hearing officer shall issue a written decision supported by findings
of 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 the
address 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 the
hearing 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 and
place 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 to
procedures 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 without
providing 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 this
chapter by the amount of benefits received or to be received from the
following sources if those benefits result from or are in any manner
attributable to the bodily injury or death upon which the award is
based:
(1) Benefits from public or private pension programs, including
Social 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 and
Medicare.
Compensation must be further reduced or denied to the extent that
the claimant's loss is recouped from other collateral sources.
(b) The division shall further reduce an award under this chapter
by the following:
(1) The amount of court ordered restitution actually received by
the victim from the offender.
(2) Benefits actually received by the victim from a third party
on behalf of the offender.
(c) The division shall determine whether the victim vigorously
pursued recovery against available collateral sources described in
this section.
(d) If the division finds that a victim has failed to pursue an
applicable collateral source of recovery, the division shall reduce or
deny an award under this section by the amount that is available to
the victim through the collateral source.
(e) A claimant must exhaust any paid or otherwise compensated
vacation leave, sick leave, personal leave, or other compensatory
time accrued through an employer before applying for benefits. The
division may not reimburse the victim for the use of paid or
otherwise compensated vacation leave, sick leave, personal leave, or
other 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 under
section 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 division
shall determine whether the victim contributed to the infliction of the
victim's injury or death.
(b) If the division finds that the victim contributed to the infliction
of the victim's injury or death, the division may deny an award.
(c) If the division further finds that the victim's contributory
conduct 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's
presence;
the victim's contributory conduct does not render the victim
ineligible 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 the
claim.
(b) The part of an award covering an unpaid bill shall be made
payable 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 severe
financial 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) may
be 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 the
division or to the extent that the emergency award exceeds the
amount 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 hearing
conducted by the division related to a claim under this chapter may
not:
(1) charge a claimant a contingency fee for the representation
that 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 not
subject to execution, attachment, garnishment, or other process,
except the claim of a creditor to the extent that the costs were
included 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 a
forensic medical exam to an alleged sex crime victim, the hospital
shall furnish the forensic medical exam described in IC 16-21-8-6
without charge. The victim services division of the Indiana criminal
justice institute shall reimburse a hospital for its costs in providing
these services and shall adopt rules and procedures to provide for
reasonable reimbursement. A hospital may not charge the victim for
services required under this chapter, despite delays in reimbursement
from the victim services division of the Indiana criminal justice
institute.
(b) When a hospital acting under IC 16-21-8 provides a forensic
medical exam to an alleged sex crime victim, the hospital may also
furnish additional forensic services to the alleged sex crime victim.
However, the additional forensic services, if furnished, shall be
furnished without charge. The victim services division of the Indiana
criminal justice institute shall reimburse a hospital for its costs in
providing these services and may adopt rules and procedures to
provide for reasonable reimbursement. A hospital may not charge the
victim for services required under this chapter even if there is a delay
in receiving reimbursement from the victim services division of the
Indiana criminal justice institute.
(c) Costs incurred by a hospital or other emergency medical
facility for the examination of the victim of a sex crime (under
IC 35-42-4) not covered under IC 16-21-8 or incest (under
IC 35-46-1-3), if the examination is performed for the purposes of
gathering evidence for possible prosecution, may not be charged to
the victim of the crime.
(d) When a licensed medical service provider not covered by
subsection (a) or (b) elects to provide a forensic medical exam to an
alleged victim of one (1) or more of the sex crimes listed in
IC 16-21-8-1(b), the medical service provider shall furnish the exam
without charge. The victim services division of the Indiana criminal
justice institute shall reimburse a medical service provider for costs
in providing forensic medical exams. A medical service provider may
not charge the victim for a forensic medical exam required under this
chapter even if there is a delay in receiving reimbursement from the
victim services division of the Indiana criminal justice institute.
(e) When a licensed medical service provider not covered by
subsection (a) or (b) elects to provide additional forensic services to
an alleged sex crime victim, the medical service provider shall
furnish the services without charge. The victim services division of
the Indiana criminal justice institute shall reimburse a medical
service provider for costs in providing the additional forensic
services. A medical service provider may not charge the victim for
services required under this chapter even if there is a delay in
receiving reimbursement from the victim services division of the
Indiana criminal justice institute.
(f) The victim services division of the Indiana criminal justice
institute is not required to reimburse a medical service provider for
costs in providing additional forensic services unless the following
conditions 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 report
of the sex crime must be made to child protective services or a
law enforcement officer.
(3) The sex crime occurred in Indiana.
If the division finds a compelling reason for failure to comply with
the requirements of this section, the division may suspend the
requirements of this section.
(g) Costs incurred by a licensed medical service provider for the
examination of the victim of a sex crime (under IC 35-42-4) not
covered under IC 16-21-8 or incest (under IC 35-46-1-3) may not be
charged to the victim of the crime if the examination is performed for
the 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 is
established as a dedicated fund to provide money for the awards
provided under this chapter and for reimbursements under
IC 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 under
IC 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 general
assembly. 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 the
fund do not revert to the state general fund at the end of a state fiscal
year. 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 fund
becomes final during a month, the division shall compute the award
before the fifteenth day of the following month.
(b) Except as provided in section 44 of this chapter, an award
must be paid not more than thirty (30) days after the date on which
the award is computed.
(c) Awards must be paid in the order in which the awards become
final. 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 fifty
thousand dollars ($250,000) by payment in full of all awards that
become final in a month, the division shall suspend payment of the
claims that become final during the month and the following two (2)
months.
(b) At the end of the suspension period the division shall pay the
suspended claims. If the fund would be exhausted by payment in full
of the suspended claims, the amount paid to each claimant shall be
prorated. 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 made
by the division under this chapter except to the extent that money is
available in the fund on the date the award is computed by the
division 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 governing
the computation and payment of awards under this chapter and the
payment 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 in
connection with a claim under this chapter forfeits an award paid to
the 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 administering
this chapter only from money appropriated for that purpose from the
violent 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 dedicated
fund to provide money to assist counties to pay expenses for the
secured storage of samples from forensic medical examinations of
alleged sex crime victims.
(b) The division shall administer the secured storage fund.
(c) The institute shall identify grants and other funds that can be
used to fund the secured storage of samples from forensic medical
examinations of alleged sex crime victims.
(d) The division may accept any gifts or donations to the secured
storage fund.
(e) Money in the secured storage fund at the end of a state fiscal
year does not revert to the state general fund. As added by P.L.41-2007, SEC.2.
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 of
a 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 filing
an 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 victim
services 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" means
housing in a facility having the primary purpose of providing
temporary or transitional shelter for the homeless or for a specific
population 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 crime
victims 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 Indiana
criminal 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 set
forth 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 meaning
set 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 an
amount equal to the amount of reimbursement payable under
IC 27-8-10-3 for each of the types of services and items provided to
a victim as a result of the bodily injury or death upon which an
application 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 sole
proprietorship, a partnership, a corporation, an association, a
fiduciary, 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 state
or that would be a criminal violation if committed within the
jurisdiction 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 or
coercion; or
(C) affect the conduct of a government by assassination or
kidnapping; and
(4) occurs primarily outside the territorial jurisdiction of the
United 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 operates
or 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 who
suffers 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 the
following:
(1) A crime under the Indiana Code that is a felony of any kind
or a Class A misdemeanor that results in bodily injury or death
to the victim but does not include any of the following:
(A) A crime under IC 9-30-5 resulting from the operation of
a vehicle other than a motor vehicle.
(B) Involuntary manslaughter resulting from the operation of
a motor vehicle by a person who was not intoxicated (IC
35-42-1-4).
(C) Reckless homicide resulting from the operation of a
motor vehicle by a person who was not intoxicated (IC
35-42-1-5).
(D) Criminal recklessness involving the use of a motor
vehicle, unless the offense was intentional or the person
using the motor vehicle was intoxicated (IC 35-42-2-2).
(E) A crime involving the operation of a motor vehicle if the
driver of the motor vehicle was not charged with an offense
under IC 9-30-5.
(2) A crime in another jurisdiction in which the elements of the
crime are substantially similar to the elements of a crime that,
if the crime results in death or bodily injury to the victim, would
be 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 operating
a vehicle, other than a motor vehicle, while intoxicated.
(B) A crime in another jurisdiction with elements
substantially similar to involuntary manslaughter resulting
from the operation of a motor vehicle if the crime was
committed by a person who was not intoxicated.
(C) A crime in another jurisdiction with elements
substantially similar to reckless homicide resulting from the
operation of a motor vehicle if the crime was committed by
a person who was not intoxicated.
(D) A crime in another jurisdiction with elements
substantially similar to criminal recklessness involving the
use of a motor vehicle unless the offense was intentional or
the person using the motor vehicle was intoxicated.
(E) A crime involving the operation of a motor vehicle if the
driver of the motor vehicle was not charged with an offense
under 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 a
unit 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 and
investigate or reopen cases as necessary.
(4) Prepare a report of the division's activities each year for the
governor and the legislative council. A report prepared under
this subdivision for the legislative council must be in an
electronic 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 police
department, local law enforcement personnel, a county
department of public welfare, or a prosecuting attorney copies
of investigations and data to assist the division in determining
the validity of a claimant's application for assistance under this
chapter.
(2) Require medical examination of victims.
(3) Hold hearings, administer oaths, examine any person under
oath, issue subpoenas requiring the attendance and giving of
testimony of witnesses, and require the production of books,
papers, and documentary or other evidence. The subpoena
powers provided in this subdivision may be exercised only by
the director of the division or the director's designated
representative.
(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 this
chapter, the following persons are eligible for assistance under this
chapter:
(1) A resident of Indiana who is a victim of a violent crime
committed:
(A) in Indiana; or
(B) in a jurisdiction other than Indiana, including a foreign
country, if the jurisdiction in which the violent crime occurs
does not offer assistance to a victim of a violent crime that
is substantially similar to the assistance offered under this
chapter.
(2) A nonresident of Indiana who is a victim of a violent crime
committed in Indiana.
(3) A surviving spouse or dependent child of a victim of a
violent crime who died as a result of that crime.
(4) Any other person legally dependent for principal support
upon a victim of a violent crime who died as a result of that
crime.
(5) A person who is injured or killed while trying to prevent a
violent crime or an attempted violent crime from occurring in
the person's presence or while trying to apprehend a person who
had committed a violent crime.
(6) A surviving spouse or dependent child of a person who dies
as a result of:
(A) trying to prevent a violent crime or an attempted violent
crime from occurring in the presence of the deceased person;
or
(B) trying to apprehend a person who had committed a
violent crime.
(7) A person legally dependent for principal support upon a
person who dies as a result of:
(A) trying to prevent a violent crime or an attempted violent
crime from occurring in the presence of the deceased person;
or
(B) trying to apprehend a person who had committed a
violent crime.
(8) A person who is injured or killed while giving aid and
assistance to:
(A) a law enforcement officer in the performance of the
officer's lawful duties; or
(B) a member of a fire department who is being obstructed
from 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 violent
criminals
Sec. 13. (a) Subject to subsection (b) and except as provided in
subsection (c), benefits may not be awarded:
(1) if the victim sustained the injury as a result of participating
or assisting in, or attempting to commit or committing a
criminal act;
(2) if the injury occurred while the victim was a resident in a
county, city, or federal jail or prison or in an institution
operated by the department of correction;
(3) if the victim profited or would have profited from the
criminal act; or
(4) if, at the time the injury occurred, the victim was intoxicated
and contributed to the commission of an unrelated felony.
(b) If the victim is a dependent child or dependent parent of the
person who commits a violent crime, compensation may be awarded
where 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 of
family violence (as defined in IC 35-41-1-6.5), or a crime of
domestic 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 under
section 12(1), 12(2), 12(3), 12(4), or 15 of this chapter if the victim
or claimant had a net worth of greater than two hundred thousand
dollars ($200,000) at the time of suffering bodily injury.
(b) Benefits may not be awarded to a claimant under section
12(5), 12(6), 12(7), or 12(8) of this chapter if the victim or claimant
had 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 the
crime, the division may pay the reasonable expenses incurred for
funeral, burial, or cremation.
(b) The division shall adopt guidelines to determine when the
payment of expenses under subsection (a) is appropriate. In adopting
guidelines under this subsection, the division shall consider the
availability of other sources of compensation, including township
assistance 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 of
this chapter may file an application for assistance with the division
if the violent crime was committed in Indiana.
(b) The application must be received by the division not more
than one hundred eighty (180) days after the date the crime was
committed. The division may grant an extension of time for good
cause shown by the claimant. However, the division may not accept
an application that is received more than two (2) years after the date
the crime was committed.
(c) The application must be filed in the office of the division in
person, through the division's web site, or by first class or certified
mail. If requested, the division shall assist a victim in preparing the
application.
(d) The division shall accept all applications filed in compliance
with this chapter. Upon receipt of a complete application, the
division shall promptly begin the investigation and processing of an
application. 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 this
chapter unless the violent crime was reported to a law enforcement
officer not more than seventy-two (72) hours after the occurrence of
the crime.
(b) The division may not award compensation under this chapter
until:
(1) law enforcement and other records concerning the
circumstances of the crime are available; and
(2) any criminal investigation directly related to the crime has
been substantially completed.
(c) If the crime involved a motor vehicle, the division may not
award compensation under this chapter until an information or
indictment alleging the commission of a crime has been filed by a
prosecuting 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 law
enforcement officials
Sec. 18. The division shall deny an award of compensation under
this chapter if the claimant fails to fully cooperate with law
enforcement personnel in the investigation, apprehension, and
prosecution 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 law
enforcement officials
Sec. 19. A claimant who fails to fully cooperate with law
enforcement personnel in the investigation, apprehension, and
prosecution 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 report
to or cooperate with law enforcement officials; and
(2) justice requires;
the division may suspend the requirements of section 17, 18, or 19 of
this 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 division
after December 31, 2005, and before July 1, 2009.
(b) This subsection does not apply to reimbursement for forensic
and evidence gathering services provided under section 39 of this
chapter.
(c) An award may not be made unless the claimant has incurred
an out-of-pocket loss of at least one hundred dollars ($100).
(d) Subject to subsections (b) and (c), the division may order the
payment 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 and
prosthetic devices that do not exceed the claimant's
out-of-pocket loss.
(2) Loss of income the:
(A) victim would have earned had the victim not died or
been injured, if the victim was employed at the time of the
crime; or
(B) parent, guardian, or custodian of a victim who is less
than eighteen (18) years of age incurred by taking time off
work to care for the victim.
A claimant seeking reimbursement under this subdivision must
provide the division with proof of employment and current
wages.
(3) Reasonable emergency shelter care expenses, not to exceed
the expenses for thirty (30) days, that are incurred for the
claimant or a dependent of the claimant to avoid contact with a
person who committed the violent crime.
(4) Reasonable expense incurred for child care, not to exceed
one 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 to
legal dependents had the victim not died or been injured.
(6) Documented expenses incurred for funeral, burial, or
cremation of the victim that do not exceed four thousand dollars
($4,000). The division shall disburse compensation under this
subdivision in accordance with guidelines adopted by the
division.
(7) Other actual expenses resulting from the bodily injury or
death of the victim, including costs of mental health care, not to
exceed two thousand dollars ($2,000) for the immediate family
of a homicide or sex crime victim, and any other actual
expenses that the division determines reasonable.
(e) If a health care provider accepts payment from the division
under this chapter, the health care provider may not require the
victim to pay a copayment or an additional fee for the provision of
services.
(f) A health care provider who seeks compensation from the
division under this chapter may not simultaneously seek funding for
services 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 division
after June 30, 2009.
(b) This subsection does not apply to reimbursement for forensic
and evidence gathering services provided under section 39 of this
chapter.
(c) An award may not be made unless the claimant has incurred
an out-of-pocket loss of at least one hundred dollars ($100).
(d) Subject to subsections (b) and (c), the division may order the
payment 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, and
ambulance 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 or
been injured, if the victim was employed at the time of the
violent crime; or
(B) the parent, guardian, or custodian of a victim who is less
than eighteen (18) years of age incurred by taking time off
from work to care for the victim.
A claimant seeking reimbursement under this subdivision must
provide the division with proof of employment and current
wages.
(3) Reasonable emergency shelter care expenses, not to exceed
the expenses for thirty (30) days, that are incurred for the
claimant or a dependent of the claimant to avoid contact with a
person who committed the violent crime.
(4) Reasonable expense incurred for child care, not to exceed
one 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 to
legal dependents had the victim not died or been injured.
(6) Documented expenses incurred for funeral, burial, or
cremation of the victim that do not exceed five thousand dollars
($5,000). The division shall disburse compensation under this
subdivision in accordance with guidelines adopted by the
division.
(7) Outpatient mental health counseling, not to exceed three
thousand dollars ($3,000), concerning mental health issues
related to the violent crime.
(8) Other actual expenses related to bodily injury to or the death
of the victim that the division determines are reasonable.
(e) If a health care provider accepts payment from the division
under this chapter, the health care provider may not require the
victim to pay a copayment or an additional fee for the provision of
services.
(f) A health care provider who seeks compensation from the
division under this chapter may not simultaneously seek funding for
services provided to a victim from any other source.
(g) The director may extend the one hundred eighty (180) day
compensation period established by subsection (d)(1) for a period not
to exceed two (2) years after the date of the violent crime if:
(1) the victim or the victim's representative requests the
extension; and
(2) medical records and other documentation provided by the
attending medical providers indicate that an extension is
appropriate.
(h) The director may extend the one hundred eighty (180) day
compensation period established by subsection (d)(1) for outpatient
mental health counseling, established by subsection (d)(7), if the
victim:
(1) was allegedly a victim of a sex crime (under IC 35-42-4) or
incest (under IC 35-46-1-3);
(2) was under eighteen (18) years of age at the time of the
alleged crime; and
(3) did not reveal the crime within two (2) years after the date
of 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 crime
or a person liable for the pecuniary loss.
(c) If the victim initiates a civil action against the perpetrator of
the crime or against the person liable for the pecuniary loss, the
victim shall promptly notify the division of the filing of the civil
action. 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 22
of this chapter, the state is entitled to a lien in the amount of the
award 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 from
the money owed to the state under the lien the state's pro rata share
of the reasonable expenses for the court suit, including attorney's fees
of 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 officers
to review each application for an award to carry out this chapter.
(b) Hearing officers must have at least three (3) semesters of legal
training at an accredited law school or have equivalent training and
experience 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 ensure
that the applications are complete.
(b) If an application is not complete, the application shall be
returned to the applicant with a brief statement of the additional
information required.
(c) The applicant may, not more than thirty (30) days after receipt
of the request for additional information, either supply the
information 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 accept
the application for filing and investigate the facts stated in the
application.
(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 the
crime;
(3) the requirements of sections 13, 16(a), 16(b), 17, 18, and 19
of 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 the
merits of the application to allow any interested person to appear to
offer evidence and argument on any issue relevant to the application
or to the facts surrounding the bodily injury or death upon which the
application is based.
(b) If a hearing is held, the claimant shall be notified in writing by
certified mail with return receipt requested fifteen (15) days in
advance concerning the date, time, place, and scope of the hearing in
accordance with IC 4-21.5-3.
(c) A hearing must be open to the public unless the hearing
officer, in consultation with the director, determines that the hearing
or a part of the hearing should be held in private in the interest of the
victim 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, the
hearing officer shall issue a written decision supported by findings
of 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 the
address 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 the
hearing 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 and
place 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 to
procedures 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 without
providing 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 this
chapter by the amount of benefits received or to be received from the
following sources if those benefits result from or are in any manner
attributable to the bodily injury or death upon which the award is
based:
(1) Benefits from public or private pension programs, including
Social 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 and
Medicare.
Compensation must be further reduced or denied to the extent that
the claimant's loss is recouped from other collateral sources.
(b) The division shall further reduce an award under this chapter
by the following:
(1) The amount of court ordered restitution actually received by
the victim from the offender.
(2) Benefits actually received by the victim from a third party
on behalf of the offender.
(c) The division shall determine whether the victim vigorously
pursued recovery against available collateral sources described in
this section.
(d) If the division finds that a victim has failed to pursue an
applicable collateral source of recovery, the division shall reduce or
deny an award under this section by the amount that is available to
the victim through the collateral source.
(e) A claimant must exhaust any paid or otherwise compensated
vacation leave, sick leave, personal leave, or other compensatory
time accrued through an employer before applying for benefits. The
division may not reimburse the victim for the use of paid or
otherwise compensated vacation leave, sick leave, personal leave, or
other 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 under
section 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 division
shall determine whether the victim contributed to the infliction of the
victim's injury or death.
(b) If the division finds that the victim contributed to the infliction
of the victim's injury or death, the division may deny an award.
(c) If the division further finds that the victim's contributory
conduct 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's
presence;
the victim's contributory conduct does not render the victim
ineligible 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 the
claim.
(b) The part of an award covering an unpaid bill shall be made
payable 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 severe
financial 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) may
be 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 the
division or to the extent that the emergency award exceeds the
amount 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 hearing
conducted by the division related to a claim under this chapter may
not:
(1) charge a claimant a contingency fee for the representation
that 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 not
subject to execution, attachment, garnishment, or other process,
except the claim of a creditor to the extent that the costs were
included 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 a
forensic medical exam to an alleged sex crime victim, the hospital
shall furnish the forensic medical exam described in IC 16-21-8-6
without charge. The victim services division of the Indiana criminal
justice institute shall reimburse a hospital for its costs in providing
these services and shall adopt rules and procedures to provide for
reasonable reimbursement. A hospital may not charge the victim for
services required under this chapter, despite delays in reimbursement
from the victim services division of the Indiana criminal justice
institute.
(b) When a hospital acting under IC 16-21-8 provides a forensic
medical exam to an alleged sex crime victim, the hospital may also
furnish additional forensic services to the alleged sex crime victim.
However, the additional forensic services, if furnished, shall be
furnished without charge. The victim services division of the Indiana
criminal justice institute shall reimburse a hospital for its costs in
providing these services and may adopt rules and procedures to
provide for reasonable reimbursement. A hospital may not charge the
victim for services required under this chapter even if there is a delay
in receiving reimbursement from the victim services division of the
Indiana criminal justice institute.
(c) Costs incurred by a hospital or other emergency medical
facility for the examination of the victim of a sex crime (under
IC 35-42-4) not covered under IC 16-21-8 or incest (under
IC 35-46-1-3), if the examination is performed for the purposes of
gathering evidence for possible prosecution, may not be charged to
the victim of the crime.
(d) When a licensed medical service provider not covered by
subsection (a) or (b) elects to provide a forensic medical exam to an
alleged victim of one (1) or more of the sex crimes listed in
IC 16-21-8-1(b), the medical service provider shall furnish the exam
without charge. The victim services division of the Indiana criminal
justice institute shall reimburse a medical service provider for costs
in providing forensic medical exams. A medical service provider may
not charge the victim for a forensic medical exam required under this
chapter even if there is a delay in receiving reimbursement from the
victim services division of the Indiana criminal justice institute.
(e) When a licensed medical service provider not covered by
subsection (a) or (b) elects to provide additional forensic services to
an alleged sex crime victim, the medical service provider shall
furnish the services without charge. The victim services division of
the Indiana criminal justice institute shall reimburse a medical
service provider for costs in providing the additional forensic
services. A medical service provider may not charge the victim for
services required under this chapter even if there is a delay in
receiving reimbursement from the victim services division of the
Indiana criminal justice institute.
(f) The victim services division of the Indiana criminal justice
institute is not required to reimburse a medical service provider for
costs in providing additional forensic services unless the following
conditions 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 report
of the sex crime must be made to child protective services or a
law enforcement officer.
(3) The sex crime occurred in Indiana.
If the division finds a compelling reason for failure to comply with
the requirements of this section, the division may suspend the
requirements of this section.
(g) Costs incurred by a licensed medical service provider for the
examination of the victim of a sex crime (under IC 35-42-4) not
covered under IC 16-21-8 or incest (under IC 35-46-1-3) may not be
charged to the victim of the crime if the examination is performed for
the 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 is
established as a dedicated fund to provide money for the awards
provided under this chapter and for reimbursements under
IC 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 under
IC 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 general
assembly. 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 the
fund do not revert to the state general fund at the end of a state fiscal
year. 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 fund
becomes final during a month, the division shall compute the award
before the fifteenth day of the following month.
(b) Except as provided in section 44 of this chapter, an award
must be paid not more than thirty (30) days after the date on which
the award is computed.
(c) Awards must be paid in the order in which the awards become
final. 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 fifty
thousand dollars ($250,000) by payment in full of all awards that
become final in a month, the division shall suspend payment of the
claims that become final during the month and the following two (2)
months.
(b) At the end of the suspension period the division shall pay the
suspended claims. If the fund would be exhausted by payment in full
of the suspended claims, the amount paid to each claimant shall be
prorated. 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 made
by the division under this chapter except to the extent that money is
available in the fund on the date the award is computed by the
division 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 governing
the computation and payment of awards under this chapter and the
payment 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 in
connection with a claim under this chapter forfeits an award paid to
the 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 administering
this chapter only from money appropriated for that purpose from the
violent 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 dedicated
fund to provide money to assist counties to pay expenses for the
secured storage of samples from forensic medical examinations of
alleged sex crime victims.
(b) The division shall administer the secured storage fund.
(c) The institute shall identify grants and other funds that can be
used to fund the secured storage of samples from forensic medical
examinations of alleged sex crime victims.
(d) The division may accept any gifts or donations to the secured
storage fund.
(e) Money in the secured storage fund at the end of a state fiscal
year does not revert to the state general fund. As added by P.L.41-2007, SEC.2.
