Okla. Admin. Code § 185:10-1-4

Current through Vol. 42, No. 4, November 1, 2024

Section 185:10-1-4 - Eligibility criteria for compensation

(a) The criminally injurious conduct leading to the filing of the compensation claim must have occurred in Oklahoma. Beginning November 1, 1989, residents of Oklahoma who are victimized in states without eligible crime victims compensation programs, as such term is defined in the federal Victims of Crime Act of 1984, Public Law 98-473, will be eligible claimants under the Oklahoma Crime Victims Compensation Act. Proof of conviction of the person causing the criminally injurious injury to the victim is conclusive evidence that the crime was committed.

(b) The incident must have occurred on or after October 19, 1981.

(c) The incident must have been reported to law enforcement officials within 72 hours, unless the Board finds there was good cause, as permitted by 21 O.S.142.10.

(d) The claim for compensation must be filed in the Oklahoma City office within one (1) year of the incident date or death of the victim. The Board or administrator may waive this requirement in certain situations, as permitted by 21 O.S. § 142.10.

(e) The victim must have suffered physical or psychological injury or death as a result of the criminal action of another.

(f) The claimant and/or victim must have cooperated with law enforcement officials, the District Attorney's office, and the Crime Victims Compensation Board during entire investigation. In the event the Board or administrator finds the claimant and/or victim was not cooperative, a claim may be denied, withdrawn, or reduced.

(g) The net amount of compensation requested in the claim must not have been paid by a collateral source, however, the Board or administrator shall not require any claimant to seek or accept any collateral source contribution, unless the claimant was receiving such benefits prior to the occurrence giving rise to the claim under the provisions of the Act.

(h) The claimant and/or victim was not the offender or an accomplice of the offender, and, the compensation award shall not be used to benefit the offender or accomplice. Number one through four below were developed in accordance with Section 7129 of the Victims of Crime Act.

(1) In determining whether a compensation award can be made without unjustly enriching an offender, the Board or administrator shall evaluate whether the victim has reported the crime and is cooperating with the criminal justice system in the investigation and prosecution of the crime, and whether the victim will do what is possible to prevent access by the offender to compensation paid to the victim. If the victim is cooperating fully, and if the offender will not benefit from or have access to a substantial portion of any cash award made by the Board to the victim, then the award shall not be declined on the basis that the award would benefit the offender.

(2) A determination that the award would benefit the offender shall not be based solely on the presence of the offender in the household at the time of the award. The presence of the offender in the household is only one factor to be considered in determining that he/she would benefit from the award; a determination of whether the offender will benefit from an award shall be made in each case, based on the totality of the circumstances.

(3) In determining whether an award would benefit the offender, the Board must weigh whether the benefit to the offender is substantial or in-consequential. Factors to be considered include the amount of the award and whether a substantial portion of the compensation award will be used directly by or on behalf of the offender. If the offender has direct access to a cash award and/or if a substantial portion of it will be used to pay for his/her living expenses, that portion of the award that will substantially benefit the offender may be reduced or denied. When enrichment is inconsequential or minimal, the award may not be reduced or denied.

(4) Collateral resources available to the victim from the offender shall be examined. Collateral resources may include court-ordered restitution, an offending spouse's medical insurance, or other resources of the offender available to cover the victim's expenses. In evaluating the availability of collateral resources, a determination shall be made first as to whether the offender has a legal responsibility to pay; second, whether the offender has resources to pay; and third, whether payment is likely. The victim shall not be penalized for the failure of an offender to meet legal obligations to pay for the costs of the victim's recovery. If the offender fails to meet legal responsibilities to pay restitution or provide for the medical and support needs of a spouse or child, or if the offender impedes payment of insurance that may be available to cover a spouse's or child's expenses, the Board will attempt to meet the victim's needs to the extent allowed, and may pursue whatever actions are appropriate to seek reimbursement from the offender. The Board is subrogated to any restitution the offender may owe the victim if an award is made. Donations from individuals on behalf of the victim are not collateral sources, as defined in 21 O.S. 142.3.

(i) The claim must not have been the result of negligent maintenance or use of a motor vehicle by the offender, unless the vehicle was operated or driven by the offender while under the influence of alcohol or any other intoxicating substance or, unless the vehicle was operated or driven by the offender with the intent to injure or kill the victim or in a manner imminently dangerous to another person and evincing a depraved mind, although without any premeditated design to injure or effect the death of any particular person or the offense involved willful, malicious or felonious failure to stop after being involved in a personal injury accident to avoid detection or prosecution, provided the victim of the accident was a pedestrian or was operating a vehicle moved solely by human power or a mobility device at the time of contact.

(j) Compensation otherwise payable to a claimant shall be diminished by the Board or Administrator in certain circumstances, pursuant to 21 O.S. 142.10.

(k) The offense involving one or more vehicles results in the death of the victim due to the reckless disregard for the safety of others by the offender. As used in this division, reckless disregard for the safety of others is defined as the omission to do something which a reasonably careful person would do, or the lack of the usual and ordinary care and caution in the performance of an act usually and ordinarily exercised by a person under similar circumstances and conditions.

Okla. Admin. Code § 185:10-1-4

Amended at 11 Ok Reg 1157, eff 2-28-94; Amended at 19 Ok Reg 2646, eff 7-25-02; Amended at 22 Ok Reg 1064, eff 5-26-05; Amended at 25 Ok Reg 1900, eff 6-26-08

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022