Kan. Admin. Regs. § 20-1-1

Current through Register Vol. 43, No. 49, December 5, 2024

Section 20-1-1 - Definitions

(a) "Accomplice" means one who is guilty of uniting with another in a crime, either by being present and aiding or abetting in it, or by advising and encouraging it although absent from the place where it was committed, or by inciting the criminal conduct causing the claimant's injury.

(b) "Act" means K.S.A. 74-7301et seq. or any amendments thereto.

(c) "Board" means the crime victims compensation board.

(d) "Offender" means a person legally accountable or answerable for a crime.

(e) "Dependent" means a natural person wholly or partially dependent upon the victim for care or support, and includes a child of the victim born after the victim's death.

(f) "Formal hearing" means a contested hearing within the meaning of K.S.A. 74-7307, and amendments thereto.

(g) "Grief therapy" means counseling or treatment of a victim by reason of family grief, as defined herein.

(h) "Informal hearing" means an informal meeting of the parties to determine if the claim may be disposed of by stipulation, agreed settlement, consent order or default.

(i) "Mental health counseling" means problem-solving and support concerning emotional issues that result from criminal victimization. Mental health counseling:

(1) Is a confidential service provided in person either on an individual basis or in a group; and

(2) has as its primary purpose the enhancement, protection and restoration of the victim's sense of well-being and social functioning skills; and

(3) does not include:

(A) Efforts to verify or validate claims or reports of criminally injurious conduct;

(B) advocacy functions, including attendance at medical or law enforcement procedures or criminal justice proceedings; or

(C) crisis telephone counseling.

(j) "Out-of-pocket loss" means an allowance expense as defined by K.S.A 74-7301, and amendments thereto, which the claimant paid prior to the disposition of the claim.

(k) "Victim" means a person who is not a victim by reason of family grief, as defined herein, and who suffers personal injury or death as a direct result of any of the following:

(1) Criminally injurious conduct of another person;

(2) a good faith effort to prevent criminally injurious conduct; or

(3) a good faith effort to apprehend a person suspected of engaging in criminally injurious conduct.

(l) "Reasonable notice" means 10 days prior to the date of any hearing conducted under the act.

(m) "Victim by reason of family grief" means the spouse, children, siblings, parents, legal guardian, stepparents and grandparents of a homicide victim.

Kan. Admin. Regs. § 20-1-1

Authorized by K.S.A. 74-7304; implementing K.S.A. 74-7304, 74-7305, as amended by L. 1993, ch. 166; § 1; effective May 1, 1980; amended May 1, 1984; amended Nov. 15, 1993.