Compensation claims, department of public safety to administer,method--application filed with department, form,contents--additional items, notice--amendedapplication--cooperation with law enforcement--information to bemade available to department.
595.015. 1. The department of public safety shall, pursuant to theprovisions of sections 595.010 to 595.075, have jurisdiction to determineand award compensation to, or on behalf of, victims of crimes. In makingsuch determinations and awards, the department shall ensure thecompensation sought is reasonable and consistent with the limitationsdescribed in sections 595.010 to 595.075. Additionally, if compensationbeing sought includes medical expenses, the department shall further ensurethat such expenses are medically necessary. The department of publicsafety may pay directly to the provider of the services compensation formedical or funeral expenses, or expenses for other services as described insection 595.030, incurred by the claimant. The department is not requiredto provide compensation in any case, nor is it required to award the fullamount claimed. The department shall make its award of compensation basedupon independent verification obtained during its investigation.
2. Such claims shall be made by filing an application forcompensation with the department of public safety. The application formshall be furnished by the department and the signature shall be notarized.The application shall include:
(1) The name and address of the victim;
(2) If the claimant is not the victim, the name and address of theclaimant and relationship to the victim, the names and addresses of thevictim's dependents, if any, and the extent to which each is so dependent;
(3) The date and nature of the crime or attempted crime on which theapplication for compensation is based;
(4) The date and place where, and the law enforcement officials towhom, notification of the crime was given;
(5) The nature and extent of the injuries sustained by the victim,the names and addresses of those giving medical and hospital treatment tothe victim and whether death resulted;
(6) The loss to the claimant or a dependent resulting from the injuryor death;
(7) The amount of benefits, payments or awards, if any, payable fromany source which the claimant or dependent has received or for which theclaimant or dependent is eligible as a result of the injury or death;
(8) Releases authorizing the surrender to the department of reports,documents and other information relating to the matters specified underthis section; and
(9) Such other information as the department determines is necessary.
3. In addition to the application, the department may require thatthe claimant submit materials substantiating the facts stated in theapplication.
4. If the department finds that an application does not contain therequired information or that the facts stated therein have not beensubstantiated, it shall notify the claimant in writing of the specificadditional items of information or materials required and that the claimanthas thirty days from the date of mailing in which to furnish those items tothe department. Unless a claimant requests and is granted an extension oftime by the department, the department shall reject with prejudice theclaim of the claimant for failure to file the additional information ormaterials within the specified time.
5. The claimant may file an amended application or additionalsubstantiating materials to correct inadvertent errors or omissions at anytime before the department has completed its consideration of the originalapplication.
6. The claimant, victim or dependent shall cooperate with lawenforcement officials in the apprehension and prosecution of the offenderin order to be eligible, or the department has found that the failure tocooperate was for good cause.
7. Any state or local agency, including a prosecuting attorney or lawenforcement agency, shall make available without cost to the fund allreports, files and other appropriate information which the departmentrequests in order to make a determination that a claimant is eligible foran award pursuant to sections 595.010 to 595.075.
Compensation claims, department of public safety to administer,method--application filed with department, form,contents--additional items, notice--amendedapplication--cooperation with law enforcement--information to bemade available to department.
595.015. 1. The department of public safety shall, pursuant to theprovisions of sections 595.010 to 595.075, have jurisdiction to determineand award compensation to, or on behalf of, victims of crimes. In makingsuch determinations and awards, the department shall ensure thecompensation sought is reasonable and consistent with the limitationsdescribed in sections 595.010 to 595.075. Additionally, if compensationbeing sought includes medical expenses, the department shall further ensurethat such expenses are medically necessary. The department of publicsafety may pay directly to the provider of the services compensation formedical or funeral expenses, or expenses for other services as described insection 595.030, incurred by the claimant. The department is not requiredto provide compensation in any case, nor is it required to award the fullamount claimed. The department shall make its award of compensation basedupon independent verification obtained during its investigation.
2. Such claims shall be made by filing an application forcompensation with the department of public safety. The application formshall be furnished by the department and the signature shall be notarized.The application shall include:
(1) The name and address of the victim;
(2) If the claimant is not the victim, the name and address of theclaimant and relationship to the victim, the names and addresses of thevictim's dependents, if any, and the extent to which each is so dependent;
(3) The date and nature of the crime or attempted crime on which theapplication for compensation is based;
(4) The date and place where, and the law enforcement officials towhom, notification of the crime was given;
(5) The nature and extent of the injuries sustained by the victim,the names and addresses of those giving medical and hospital treatment tothe victim and whether death resulted;
(6) The loss to the claimant or a dependent resulting from the injuryor death;
(7) The amount of benefits, payments or awards, if any, payable fromany source which the claimant or dependent has received or for which theclaimant or dependent is eligible as a result of the injury or death;
(8) Releases authorizing the surrender to the department of reports,documents and other information relating to the matters specified underthis section; and
(9) Such other information as the department determines is necessary.
3. In addition to the application, the department may require thatthe claimant submit materials substantiating the facts stated in theapplication.
4. If the department finds that an application does not contain therequired information or that the facts stated therein have not beensubstantiated, it shall notify the claimant in writing of the specificadditional items of information or materials required and that the claimanthas thirty days from the date of mailing in which to furnish those items tothe department. Unless a claimant requests and is granted an extension oftime by the department, the department shall reject with prejudice theclaim of the claimant for failure to file the additional information ormaterials within the specified time.
5. The claimant may file an amended application or additionalsubstantiating materials to correct inadvertent errors or omissions at anytime before the department has completed its consideration of the originalapplication.
6. The claimant, victim or dependent shall cooperate with lawenforcement officials in the apprehension and prosecution of the offenderin order to be eligible, or the department has found that the failure tocooperate was for good cause.
7. Any state or local agency, including a prosecuting attorney or lawenforcement agency, shall make available without cost to the fund allreports, files and other appropriate information which the departmentrequests in order to make a determination that a claimant is eligible foran award pursuant to sections 595.010 to 595.075.
Compensation claims, department of public safety to administer,method--application filed with department, form,contents--additional items, notice--amendedapplication--cooperation with law enforcement--information to bemade available to department.
595.015. 1. The department of public safety shall, pursuant to theprovisions of sections 595.010 to 595.075, have jurisdiction to determineand award compensation to, or on behalf of, victims of crimes. In makingsuch determinations and awards, the department shall ensure thecompensation sought is reasonable and consistent with the limitationsdescribed in sections 595.010 to 595.075. Additionally, if compensationbeing sought includes medical expenses, the department shall further ensurethat such expenses are medically necessary. The department of publicsafety may pay directly to the provider of the services compensation formedical or funeral expenses, or expenses for other services as described insection 595.030, incurred by the claimant. The department is not requiredto provide compensation in any case, nor is it required to award the fullamount claimed. The department shall make its award of compensation basedupon independent verification obtained during its investigation.
2. Such claims shall be made by filing an application forcompensation with the department of public safety. The application formshall be furnished by the department and the signature shall be notarized.The application shall include:
(1) The name and address of the victim;
(2) If the claimant is not the victim, the name and address of theclaimant and relationship to the victim, the names and addresses of thevictim's dependents, if any, and the extent to which each is so dependent;
(3) The date and nature of the crime or attempted crime on which theapplication for compensation is based;
(4) The date and place where, and the law enforcement officials towhom, notification of the crime was given;
(5) The nature and extent of the injuries sustained by the victim,the names and addresses of those giving medical and hospital treatment tothe victim and whether death resulted;
(6) The loss to the claimant or a dependent resulting from the injuryor death;
(7) The amount of benefits, payments or awards, if any, payable fromany source which the claimant or dependent has received or for which theclaimant or dependent is eligible as a result of the injury or death;
(8) Releases authorizing the surrender to the department of reports,documents and other information relating to the matters specified underthis section; and
(9) Such other information as the department determines is necessary.
3. In addition to the application, the department may require thatthe claimant submit materials substantiating the facts stated in theapplication.
4. If the department finds that an application does not contain therequired information or that the facts stated therein have not beensubstantiated, it shall notify the claimant in writing of the specificadditional items of information or materials required and that the claimanthas thirty days from the date of mailing in which to furnish those items tothe department. Unless a claimant requests and is granted an extension oftime by the department, the department shall reject with prejudice theclaim of the claimant for failure to file the additional information ormaterials within the specified time.
5. The claimant may file an amended application or additionalsubstantiating materials to correct inadvertent errors or omissions at anytime before the department has completed its consideration of the originalapplication.
6. The claimant, victim or dependent shall cooperate with lawenforcement officials in the apprehension and prosecution of the offenderin order to be eligible, or the department has found that the failure tocooperate was for good cause.
7. Any state or local agency, including a prosecuting attorney or lawenforcement agency, shall make available without cost to the fund allreports, files and other appropriate information which the departmentrequests in order to make a determination that a claimant is eligible foran award pursuant to sections 595.010 to 595.075.
