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[Utah Code Table of Contents]
[TITLE 63. Table of Contents]
[CHAPTER 25a. Table of Contents]
63-25a-401 Title.
This part is known as the "Crime Victims' Reparations
Act" and may be abbreviated as the "CVRA."
1996
63-25a-402 Definitions.
As used in this chapter:
(1) "Accomplice" means a person who has engaged in criminal conduct as defined in Section 76-2-202 .
(2) "Board" means the Crime Victims' Reparations Board created under Section 63-25a-404 .
(3) "Bodily injury" means physical pain, illness, or any impairment of physical condition.
(4) "Claim" means:
(a) the victim's application or request for a reparations award; and
(b) the formal action taken by a victim to apply for reparations pursuant to Sections 63-25a-401 through 63-25a-428 .
(5) "Claimant" means any of the following claiming reparations under this chapter:
(a) a victim;
(b) a dependent of a deceased victim;
(c) a representative other than a collateral source; or
(d) the person or representative who files a claim on behalf of a victim.
(6) "Child" means an unemancipated person who is under 18 years of age.
(7) "Collateral source" means the definition as provided in Section 63-25a-413 .
(8) "Contested case" means a case which the claimant contests, claiming the award was either inadequate or denied, or which a county attorney, a district attorney, a law enforcement officer, or other individual related to the criminal investigation proffers reasonable evidence of the claimant's lack of cooperation in the prosecution of a case after an award has already been given.
(9) (a) "Criminally injurious conduct" other than acts of war declared or not declared means conduct that:
(i) is or would be subject to prosecution in this state under Section 76-1-201 ;
(ii) occurs or is attempted;
(iii) causes, or poses a substantial threat of causing, bodily injury or death;
(iv) is punishable by fine, imprisonment, or death if the person engaging in the conduct possessed the capacity to commit the conduct; and
(v) does not arise out of the ownership, maintenance, or use of a motor vehicle, aircraft, or water craft, unless the conduct is intended to cause bodily injury or death, or is conduct which is or would be punishable under Title 76, Chapter 5, Offenses Against the Person, or as any offense chargeable as driving under the influence of alcohol or drugs.
(b) "Criminally injurious conduct" includes an act of terrorism, as defined in 18 U.S.C. 2331 committed outside of the United States against a resident of this state. "Terrorism" does not include an "act of war" as defined in 18 U.S.C. 2331.
(10) "Dependent" means a natural person to whom the victim is wholly or partially legally responsible for care or support and includes a child of the victim born after his death.
(11) "Dependent's economic loss" means loss after the victim's death of contributions of things of economic value to his dependent, not including services the dependent would have received from the victim if he had not suffered the fatal injury, less expenses of the dependent avoided by reason of victim's death.
(12) "Dependent's replacement services loss" means loss reasonably and necessarily incurred by the dependent after the victim's death in obtaining services in lieu of those the decedent would have performed for his benefit if he had not suffered the fatal injury, less expenses of the dependent avoided by reason of the victim's death and not subtracted in calculating the dependent's economic loss.
(13) "Director" means the director of the Reparations Office.
(14) "Disposition" means the sentencing or determination of penalty or punishment to be imposed upon a person:
(a) convicted of a crime;
(b) found delinquent; or
(c) against whom a finding of sufficient facts for conviction or finding of delinquency is made.
(15) "Economic loss" means economic detriment consisting only of allowable expense, work loss, replacement services loss, and if injury causes death, dependent's economic loss and dependent's replacement service loss. Noneconomic detriment is not loss, but economic detriment is loss although caused by pain and suffering or physical impairment.
(16) "Elderly victim" means a person 60 years of age or older who is a victim.
(17) "Fraudulent claim" means a filed claim based on material misrepresentation of fact and intended to deceive the reparations staff for the purpose of obtaining reparation funds for which the claimant is not eligible as provided in Section 63-25a-410 .
(18) "Fund" means the Crime Victim Reparation Fund created in Section 63-63a-4 .
(19) "Law enforcement officer" means a law enforcement officer as defined in Section 53-13-103 .
(20) "Medical examination" means a physical examination necessary to document criminally injurious conduct but does not include mental health evaluations for the prosecution and investigation of a crime.
(21) "Mental health counseling" means outpatient and inpatient counseling necessitated as a result of criminally injurious conduct. The definition of mental health counseling is subject to rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
(22) "Misconduct" as provided in Subsection 63-25a-412 (1)(b) means conduct by the victim which was attributable to the injury or death of the victim as provided by rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
(23) "Noneconomic detriment" means pain, suffering, inconvenience, physical impairment, and other nonpecuniary damage, except as provided in this chapter.
(24) "Pecuniary loss" does not include loss attributable to pain and suffering except as otherwise provided in this chapter.
(25) "Offender" means a person who has violated the criminal code through criminally injurious conduct regardless of whether he is arrested, prosecuted, or convicted.
(26) "Offense" means a violation of the criminal code.
(27) "Perpetrator" means the person who actually participated in the criminally injurious conduct.
(28) "Personal property" has the same definition as provided in Section 68-3-12 .
(29) "Reparations Office" means the office of the reparations staff for the purpose of carrying out this chapter.
(30) "Reparations officer" means a person employed by the Reparations Office to investigate claims of victims and award reparations under this chapter, and includes the director when he is acting as a reparations officer.
(31) "Reparations staff" means the director, the reparations officers, and any other staff employed to administer the Crime Victims' Reparations Act.
(32) "Replacement service loss" means expenses reasonably and necessarily incurred in obtaining ordinary and necessary services in lieu of those the injured person would have performed, not for income but the benefit of himself or his dependents if he had not been injured.
(33) "Representative" means the victim, immediate family member, legal guardian, attorney, conservator, executor, or an heir of a person but does not include service providers.
(34) "Restitution" means money or services an appropriate authority orders an offender to pay or render to a victim of the offender's conduct.
(35) "Secondary victim" means a person who is traumatically affected by the criminally injurious conduct subject to rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
(36) "Service provider" means a person or agency who provides a service to crime victims for a monetary fee except attorneys as provided in Section 63-25a-424 .
(37) (a) "Victim" means a person who suffers bodily or psychological injury or death as a direct result of criminally injurious conduct or of the production of pornography in violation of Sections 76-5a-1 through 76-5a-4 if the person is a minor.
(b) "Victim" does not include a person who participated in or observed the judicial proceedings against an offender unless otherwise provided by statute or rule.
(c) "Victim" includes a resident of this state who is injured or killed by an act of terrorism, as defined in 18 U.S.C. 2331, committed outside of the United States.
(38) "Work loss" means loss of income from work the injured
victim would have performed if he had not been injured and
expenses reasonably incurred by him in obtaining services
in lieu of those he would have performed for income, reduced
by any income from substitute work he was capable of performing
but unreasonably failed to undertake.
2002
63-25a-403 Restitution - Reparations not to supplant restitution - Assignment of claim for restitution judgment to Reparations Office.
(1) A reparations award shall not supplant restitution as established under Title 77, Chapter 38a, Crime Victims Restitution Act, or as established by any other provisions.
(2) The court shall not consider a reparations award when determining the order of restitution nor when enforcing restitution.
(3) If, due to reparation payments to a victim, the Reparations Office is assigned under Section 63-25a-419 a claim for the victim's judgment for restitution or a portion of the restitution, the Reparations Office may file with the sentencing court a notice of the assignment. The notice of assignment shall be signed by the victim and a Reparations Officer and shall state the amount of the claim assigned.
(4) Upon conviction and sentencing of the defendant, the court shall enter a civil judgment for complete restitution as provided in Section 77-38a-401 and identify the Reparations Office as the assignee of the assigned portion of the judgment.
(5) If the notice of assignment is filed after sentencing,
the court shall modify the civil judgment for restitution
to identify the Reparations Office as the assignee of the
assigned portion of the judgment.
2002
63-25a-404 Crime Victims' Reparations Board - Members.
(1) (a) A Crime Victims' Reparations Board is created, consisting of seven members appointed by the governor with the consent of the Senate.
(b) The membership of the board shall consist of:
(i) a member of the bar of this state;
(ii) a victim of criminally injurious conduct;
(iii) a licensed physician;
(iv) a representative of law enforcement;
(v) a mental health care provider; and
(vi) two other private citizens.
(c) The governor may appoint a chair of the board who shall serve for a period of time prescribed by the governor, not to exceed the length of the chair's term. The board may elect a vice chair to serve in the absence of the chair.
(d) The board may hear appeals from administrative decisions as provided in rules adopted pursuant to Section 63-25a-415 .
(2) (a) Except as required by Subsection (2)(b), as terms of current board members expire, the governor shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
(c) A member may be reappointed to one successive term.
(3) (a) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(b) A member resigning from the board shall serve until his successor is appointed and qualified.
(4) (a) (i) Members who are not government employees shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the board at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem and expenses for their service.
(5) The board shall meet at least once quarterly but may
meet more frequently as necessary.
2002
63-25a-405 Board and office within Commission on Criminal and Juvenile Justice.
(1) The Crime Victims' Reparations Board and Reparations Office are placed within the Commission on Criminal and Juvenile Justice for the provision by the commission of administrative and support services to the Reparations Office.
(2) The board or the director may request assistance from the Commission on Criminal and Juvenile Justice, the Department of Public Safety, and other state agencies in conducting research or monitoring victims' programs.
(3) The fund shall appear as a separate line item in the
Commission on Criminal and Juvenile Justice budget.
2002
63-25a-406 Functions of board.
(1) The board shall:
(a) adopt a description of the organization and prescribe the general operation of the board;
(b) prescribe policy for the Reparations Office;
(c) adopt rules to implement and administer Sections 63-25a-401 through 63-25a-428 pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act, which may include setting of ceilings on reparations, defining of terms not specifically stated in this chapter, and establishing of rules governing attorney fees;
(d) prescribe forms for applications for reparations;
(e) review all awards made by the reparations staff, although the board may not reverse or modify awards authorized by the reparations staff;
(f) render an annual report to the governor and the Legislature regarding the staff's and the board's activities;
(g) cooperate with the director and his staff in formulating standards for the uniform application of Section 63-25a-409 , taking into consideration the rates and amounts of reparation payable for injuries and death under other laws of this state and the United States;
(h) advocate the adoption, repeal, or modification of laws or proposed legislation in the interest of victims of crime;
(i) allocate monies available in the Crime Victim Reparation Fund to victims of criminally injurious conduct for reparations claims; and
(j) allocate monies available to other victim services as provided by administrative rule once a sufficient reserve has been established for reparation claims.
(2) All rules, or other statements of policy, along with
application forms specified by the board, are binding upon
the director, the reparations officers, and other staff.
2002
63-25a-407 Director - Appointment and functions.
The executive director of the Commission on Criminal and Juvenile Justice, after consulting with the board, shall appoint a director to carry out the provisions of this chapter. The director shall be an experienced administrator with a background in at least one of the following fields: social work, psychology, criminal justice, law, or a related field. The director shall demonstrate an understanding of the needs of crime victims and of services to victims. The director shall devote his time and capacity to his duties. The director shall:
(1) hire staff, including reparations officers, as necessary;
(2) act when necessary as a reparations officer in deciding initial claims;
(3) possess the same investigation and decision-making authority as the reparations officers;
(4) hear appeals from the decisions of the reparations officers, unless he acted as a reparations officer on the initial claim;
(5) serve as a liaison between the reparations staff and the Reparations Office;
(6) serve as the public relations representative of the Reparations Office;
(7) provide for payment of all administrative salaries, fees, and expenses incurred by the staff of the board, to be paid out of appropriations from the fund;
(8) cooperate with the state treasurer and the state Division of Finance in causing the funds in the trust fund to be invested and its investments sold or exchanged and the proceeds and income collected;
(9) apply for, receive, allocate, disburse, and account for grants of funds made available by the United States, the state, foundations, corporations, and other businesses, agencies, or individuals;
(10) obtain and utilize the services of other governmental agencies upon request; and
(11) act in any other capacity or perform any other acts
necessary for the Reparations Office or board to successfully
fulfill its statutory objectives.
2002
63-25a-408 Reparations officers.
The reparations officers shall in addition to any assignments made by the director of the Reparations Office:
(1) hear and determine all matters relating to claims for reparations and reinvestigate or reopen claims without regard to statutes of limitation or periods of prescription;
(2) obtain from prosecuting attorneys, law enforcement officers, and other criminal justice agencies, investigations and data to enable the reparations officer to determine whether and to what extent a claimant qualifies for reparations;
(3) hold hearings, administer oaths or affirmations, examine any person under oath or affirmation, issue subpoenas requiring the attendance and giving of testimony of witnesses, require the production of any books, papers, documents, or other evidence which may contribute to the reparations officer's ability to determine particular reparation awards;
(4) determine who is a victim or dependent;
(5) award reparations or other benefits determined to be due under this chapter and the rules of the board;
(6) take notice of judicially recognized facts and general, technical, and scientific facts within their specialized knowledge;
(7) advise and assist the board in developing policies recognizing the rights, needs, and interests of crime victims;
(8) render periodic reports as requested by the board concerning:
(a) the officers' activities; and
(b) the manner in which the rights, needs, and interests of crime victims are being addressed by the state's criminal justice system;
(9) establish priorities for assisting elderly victims of crime or those victims facing extraordinary hardships;
(10) cooperate with the Commission on Criminal and Juvenile Justice to develop information regarding crime victims' problems and programs; and
(11) assist the director in publicizing the provisions
of the Crime Victims' Reparations Act, including the procedures
for obtaining reparation, and in encouraging law enforcement
agencies, health providers, and other related officials to
take reasonable care to ensure that victims are informed
about the provisions of this chapter and the procedure for
applying for reparation.
1996
63-25a-409 Grounds for eligibility.
In order to be eligible for a reparations award under this chapter:
(1) The claimant shall be:
(a) a victim of criminally injurious conduct;
(b) a dependent of a deceased victim of criminally injurious conduct; or
(c) a representative acting on behalf of one of the above.
(2) The victim shall be either a resident of Utah or the criminally injurious conduct shall have occurred in Utah.
(3) The application shall be made in writing in a form that conforms substantially to that prescribed by the board.
(4) The criminally injurious conduct shall be reported to a law enforcement officer, in his capacity as a law enforcement officer, or other federal or state investigative agencies.
(5) (a) The claimant or victim shall cooperate with the appropriate law enforcement agencies in their efforts to apprehend or convict the perpetrator of the alleged offense.
(b) An award to a victim may be made whether any person is arrested, prosecuted, or convicted of the criminally injurious conduct giving rise to the claim.
(6) The criminally injurious conduct shall have occurred
after December 31, 1986.
2000
63-25a-410 Ineligible persons - Fraudulent claims - Penalties.
(1) The following individuals shall not be eligible to receive an award of reparations:
(a) persons who do not meet all of the provisions set forth in Section 63-25a-409 ;
(b) the offender;
(c) an accomplice of the offender;
(d) any person whose receipt of an award would unjustly benefit the offender, accomplice, or other person reasonably suspected of participating in the offense;
(e) the victim of a motor vehicle injury who was the owner or operator of the motor vehicle and was not at the time of the injury in compliance with the state motor vehicle insurance laws;
(f) any convicted offender serving a sentence of imprisonment for that conviction or residing in any other institution which provides for the maintenance of convicted persons; and
(g) residents of halfway houses or any other correctional facilities and all persons who are on probation or parole if the circumstances surrounding the offense of which they are victims constitute a violation of their parole or probation.
(2) A person who knowingly submits a fraudulent claim for reparations or who knowingly misrepresents material facts in making a claim, and who receives an award based on that claim, is guilty of an offense, based on the following award amounts:
(a) for value under $300, a class B misdemeanor;
(b) for value equal to or greater than $300, but less than $1,000, a class A misdemeanor;
(c) for value equal to or greater than $1,000, but less than $5,000, a third degree felony; and
(d) for value equal to or greater than $5,000, a second degree felony.
(3) A person who submits a claim described in Subsection (2) but receives no award based on that claim is guilty of a class B misdemeanor.
(4) The state attorney general may prosecute violations under this section or may make arrangements with county attorneys for the prosecution of violations under this section when the attorney general cannot conveniently prosecute.
(5) The state may also bring a civil action against a
claimant who receives reparation payments that are later
found to be unjustified and who does not return to the board
the unjustified amount.
2000
63-25a-411 Compensable losses and amounts.
A reparations award under this chapter may be made if:
(1) the reparations officer finds the claim satisfies the requirements for the award under the provisions of this chapter and the rules of the board;
(2) monies are available in the fund;
(3) the person for whom the award of reparations is to be paid is otherwise eligible under this act;
(4) the claim is for an allowable expense incurred by the victim, as follows:
(a) reasonable and necessary charges incurred for products, services, and accommodations;
(b) inpatient and outpatient medical treatment and physical therapy, subject to rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act;
(c) mental health counseling which:
(i) is set forth in a mental health treatment plan which has been approved prior to any payment by a reparations officer; and
(ii) qualifies within any further rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act;
(d) actual loss of past earnings and anticipated loss of future earnings because of a death or disability resulting from the personal injury at a rate not to exceed 66-2/3% of the person's weekly gross salary or wages or the maximum amount allowed under the state workers' compensation statute;
(e) care of minor children enabling a victim or spouse of a victim, but not both of them, to continue gainful employment at a rate per child per week as determined under rules established by the board;
(f) funeral and burial expenses for death caused by the criminally injurious conduct, subject to rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act;
(g) loss of support to the dependent or dependents not otherwise compensated for a pecuniary loss for personal injury, for as long as the dependence would have existed had the victim survived, at a rate not to exceed 66-2/3% of the person's weekly salary or wages or the maximum amount allowed under the state workers' compensation statute, whichever is less;
(h) personal property necessary and essential to the health or safety of the victim as defined by rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act; and
(i) medical examinations as defined in Section 63-25a-402 , subject to rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act, which may allow for exemptions from Sections 63-25a-409 , 63-25a-412 , and 63-25a-413 .
(5) If a Utah resident suffers injury or death as a result of criminally injurious conduct inflicted in a state, territory, or country that does not provide a reciprocal crime victims' compensation program, the Utah resident has the same rights under this chapter as if the injurious conduct occurred in this state.
(6) An award of reparations shall not exceed $25,000 in
the aggregate unless the victim is entitled to proceeds in
excess of that amount as provided in Subsection
77-38a-403
(2). However, reparations for actual medical
expenses incurred as a result of homicide, attempted homicide,
aggravated assault, or DUI offenses, may be awarded up to
$50,000 in the aggregate.
2002
63-25a-412 Reparations reduction.
(1) Reparations otherwise payable to a claimant may be reduced or denied as follows:
(a) the economic loss upon which the claim is based has been or could be recouped from other persons, including collateral sources, and the victim was not entitled to nor receiving monies prior to the criminally injurious conduct giving rise to the claim under this chapter;
(b) the reparations officer considers the claim unreasonable because of the misconduct of the claimant or of a victim through whom he claims; or
(c) the victim had not used a facility or health care provider that would be covered by a collateral source.
(2) When two or more dependents are entitled to an award
as a result of a victim's death, the award shall be apportioned
by the reparations officer among the dependents.
2000
63-25a-413 Collateral sources.
(1) Collateral source shall include any source of benefits or advantages for economic loss otherwise reparable under this chapter which the victim or claimant has received, or which is readily available to the victim from:
(a) the offender;
(b) the insurance of the offender;
(c) the United States government or any of its agencies, a state or any of its political subdivisions, or an instrumentality of two or more states, except in the case on nonobligatory state-funded programs;
(d) social security, Medicare, and Medicaid;
(e) state-required temporary nonoccupational income replacement insurance or disability income insurance;
(f) workers' compensation;
(g) wage continuation programs of any employer;
(h) proceeds of a contract of insurance payable to the victim for the loss he sustained because of the criminally injurious conduct;
(i) a contract providing prepaid hospital and other health care services or benefits for disability; or
(j) veteran's benefits, including veteran's hospitalization benefits.
(2) (a) An order of restitution shall not be considered readily available as a collateral source.
(b) Receipt of an award of reparations under this chapter shall be considered an assignment of the victim's rights to restitution from the offender.
(3) The victim shall not discharge a claim against a person or entity without the state's written permission and shall fully cooperate with the state in pursuing its right of reimbursement, including providing the state with any evidence in his possession.
(4) The state's right of reimbursement applies regardless of whether the victim has been fully compensated for his losses.
(5) Notwithstanding the collateral source provisions in
Subsection (1) and Subsection
63-25a-412
(1)(a), a victim of a sexual offense who requests
testing of himself may be reimbursed for the costs of the
HIV test only as provided in Subsection
76-5-503
(4).
2001
63-25a-414 Notification of claimant - Suspension of proceedings.
(1) The Reparations Office shall immediately notify the claimant in writing of any decision and shall forward to the Division of Finance a certified copy of the decision and a warrant request for the amount of the claim. The Division of Finance shall pay the claimant the amount submitted to the division, out of the fund. If monies in the fund are temporarily depleted, claimants entitled to receive awards shall be placed on a waiting list and shall receive their awards as funds are available in the order in which their claims were awarded.
(2) The reparations officer may suspend the proceedings
pending disposition of a criminal prosecution that has been
commenced or is imminent.
2002
63-25a-415 Rules for contested claims - Exemption from Administrative Procedures Act.
(1) Rules for procedures for contested determinations by a reparations officer shall be adopted pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
(2) Crime Victims' Reparations is exempt from Title 63,
Chapter 46b, Administrative Procedures Act.
2000
63-25a-416 Waiver of privilege.
(1) A victim filing a claim under the provisions of this chapter shall be considered to have waived any privilege as to communications or records relevant to an issue of the physical, mental, or emotional conditions of the victim except for the attorney-client privilege. The waiver shall apply only to reparations officers, the director of reparations, the board, and legal counsel.
(2) The claimant may be required to supply any additional medical or psychological reports available relating to the injury or death for which compensation is claimed.
(3) The reparations officer hearing a claim or an appeal
from a claim shall make available to the claimant a copy
of the report. If the victim is deceased, the director or
his appointee, on request, shall furnish the claimant a copy
of the report unless dissemination of that copy is prohibited
by law.
1996
63-25a-417 Additional testing.
(1) If the mental, physical, or emotional condition of a victim is material to a claim, the reparations officer, director, or chair of the board who hears the claim or the appeal may order the claimant to submit to a mental or physical examination by a physician or psychologist and may recommend to the court to order an autopsy of a deceased victim.
(2) Any order for additional examination shall be for good cause shown and shall provide notice to the person to be examined and his representative.
(3) All reports from additional examinations shall set out findings, including results of all tests made, diagnoses, prognoses, other conclusions, and reports of earlier examinations of the same conditions.
(4) A copy of the report shall be made available to the
victim or the representative of the victim unless dissemination
of that copy is prohibited by law.
1996
63-25a-418 Failure to comply.
If a person refuses to comply with an order under this
chapter or asserts a privilege, except privileges arising
from the attorney-client relationship, to withhold or suppress
evidence relevant to a claim, the director or reparations
officer may make any appropriate determination including
denial of the claim.
1996
63-25a-419 Assignment of recovery - Reimbursement.
(1) By accepting an award of reparations, the victim automatically assigns to the state, subject to the provisions of Subsection (2), all claims against any third party to the lesser of:
(a) the amount paid by the state; or
(b) the amount recovered from the third party.
(2) The board, with the concurrence of the director, may reduce the state's right of reimbursement if it is determined that the reduction will benefit the fund.
(3) The state reserves the right to make a claim for reimbursement
on behalf of the victim and the victim shall not impair the
state's claim or the state's right of reimbursement.
2002
63-25a-420 Special verdict - Allocation of damages.
In an action in a court of this state arising out of criminally
injurious conduct, the judge, on timely motion, shall direct
the jury to return a special verdict, indicating separately
the awards to noneconomic detriment, punitive damages, and
economic loss.
1996
63-25a-421 Award - Payment methods - Claims against the award.
(1) The reparations officer may provide for the payment of an award in a lump sum or in installments. The part of an award equal to the amount of economic loss accrued to the date of the award shall be paid in a lump sum. An award of allowable expense that would accrue after an initial award is made may not be paid in a lump sum. Except as provided in Subsection (2), the part of an award that may not be paid in a lump sum shall be paid in installments.
(2) At the request of the claimant, the reparations officer may convert future economic loss installment payments, other than allowable expense, to a lump sum payment, discounted to present value, but only upon a finding by the officer that the award in a lump sum will promote the interests of the claimant.
(3) An award for future economic loss payable in installments may be made only for a period for which the reparations officer can reasonably determine future economic loss. The reparations officer may reconsider and modify an award for future economic loss payable in installments, upon his finding that a material and substantial change of circumstances has occurred.
(4) An award is not subject to execution, attachment, or garnishment, except that an award for allowable expense is not exempt from a claim of a creditor to the extent that he provided products, services, or accommodations, the costs of which are included in the award.
(5) An assignment or agreement to assign a right to reparations for loss accruing in the future is unenforceable, except:
(a) an assignment of a right to reparations for work loss to secure payment of alimony, maintenance, or child support;
(b) an assignment of a right to reparations for allowable expense to the extent that the benefits are for the cost of products, services, or accommodations necessitated by the injury or death on which the claim is based and are provided or to be provided by the assignee; or
(c) an assignment to repay a loan obtained to pay for
the obligations or expenses described in Subsection (5) (a)
or (b).
1996
63-25a-422 Emergency award.
If the reparations officer determines that the claimant
will suffer financial hardship unless an emergency award
is made, and it appears likely that a final award will be
made, an amount may be paid to the claimant, to be deducted
from the final award or repaid by and recoverable from the
claimant to the extent that it exceeds the final award. The
board may limit emergency awards to any amount it considers
necessary.
1996
63-25a-423 Review of award decision.
The reparations officer shall review at least annually
every award being paid in installments. An order on review
of an award does not require refund of amounts previously
paid unless the award was obtained by fraud or a material
mistake of fact.
1996
63-25a-424 Attorney fees.
(1) The claims procedures shall be sufficiently simple that the assistance of an attorney is unnecessary, and no attorney fees shall be paid for the assistance of an attorney or any other representative in filing the claim or providing information to the reparations officer.
(2) Attorney fees may be granted in the following circumstances and shall be paid out of the reparations award not to exceed 15% of the amount of the reparations award:
(a) when an award has been denied and, after a hearing, the decision to deny is overturned; or
(b) when minor dependents of a deceased victim require assistance in establishing a trust or determining a guardian.
(3) An attorney or any other person providing assistance
in a reparations claim, who contracts for or receives sums
not allowed under this chapter, is guilty of a class B misdemeanor.
This provision shall not extend to attorneys who assist the
victim in filing a civil action against the perpetrator.
1996
63-25a-428 Purpose - Not entitlement program.
(1) Crime Victims' Reparations is a program with the purpose to assist victims of criminally injurious conduct. Reparation to a victim is limited to the monies available in the fund.
(2) This program is not an entitlement program. Awards may be limited or denied as determined appropriate by the board. Failure to grant an award does not create a cause of action against Crime Victims' Reparations, the state, or any of its subdivisions. There is no right to judicial review over the decision whether or not to grant an award.
(3) A cause of action based on a failure to give or receive
the notice required by this chapter does not accrue to any
person against the state, any of its agencies or local subdivisions,
any of their law enforcement officers or other agents or
employees, or any health care or medical provider or its
agents or employees. The failure does not affect or alter
any requirement for filing or payment of a claim.
2002
