Section 147.035 - Compensable losses; expiration of claim; rules(1)(a) Except as otherwise provided in ORS 147.025 and 147.390, compensation may be awarded under ORS 147.005 to 147.367 only for losses described in this section.(b) The maximum amount of compensation that may be awarded, in aggregate, to the victim and the survivors and dependents of a deceased victim is $47,000.(c) When a compensable crime results in: (A) Injury to a victim, the losses described in subsections (2), (4) and (7) of this section are compensable.(B) Death to a victim, the losses described in subsections (3), (4), (6) and (7) of this section are compensable.(2) When a claim for compensation is filed in a case of injury, compensation may be awarded for: (a) The victim's reasonable medical and hospital expenses, including counseling expenses and the cost of any medications, up to a maximum amount of $20,000;(b) Loss of the victim's earnings, at a maximum rate of $600 per week, up to a maximum amount of $20,000;(c) The victim's rehabilitation expenses, up to a maximum amount of $4,000;(d) Reasonable cleaning expenses, up to a maximum of $2,500;(e) The costs of obtaining forensic evidence, using an evidence collection kit, during a medical assessment related to strangulation;(f) For a parent or legal guardian of a minor victim, lost wages due to providing care for the victim, within the terms and up to a maximum amount determined by the department by rule; and(g) Expenses related to transportation for the victim's medical care or counseling, at a rate determined by the Department of Justice, up to a maximum amount of $3,000, when:(A) The medical care or counseling is compensable under this section;(B) The medical care or counseling is provided more than 30 miles away from the victim's residence; and(C) Adequate medical care or counseling is not available in closer proximity to the victim's residence.(3) When a claim for compensation is filed in a case of death, compensation may be awarded for: (a) Reasonable funeral expenses, up to a maximum amount of $5,000, with an additional amount awarded at the discretion of the department;(b) Reasonable cleaning expenses, up to a maximum of $2,500;(c) The victim's reasonable medical and hospital expenses, up to a maximum amount of $20,000;(d) Loss of support to the dependents of the victim, at a maximum rate of $800 per week, up to a maximum amount of $20,000, less any amounts awarded for loss of earnings under subsection (2)(b) of this section;(e) Reasonable counseling expenses for the survivors of a deceased victim or witnesses to the crime resulting in the death of the victim, up to a maximum amount of $20,000 for each deceased victim and including the cost of any prescription medications prescribed in conjunction with the counseling; and(f) Expenses related to transportation for a survivor's or a dependent's counseling, at a rate determined by the department, up to a maximum amount of $3,000, when:(A) The counseling is compensable under this section;(B) The counseling is provided more than 30 miles away from the survivor's or dependent's residence; and(C) Adequate counseling is not available in closer proximity to the survivor's or dependent's residence.(4) When a claim for compensation is filed in a case of:(a) Abuse as defined in ORS 419B.005, counseling expenses of the victim's family, including the cost of any prescription medications prescribed in conjunction with the counseling, are compensable up to a maximum amount of $20,000, less any amounts awarded for the victim's medical or hospital expenses under subsection (2)(a) of this section.(b) Domestic violence as defined in ORS 135.230, the counseling expenses of children who witnessed the domestic violence, including the cost of any prescription medications prescribed in conjunction with the counseling, are compensable up to a maximum amount of $10,000.(c) International terrorism, the counseling expenses of a relative of the victim, including the cost of any prescription medications prescribed in conjunction with the counseling, are compensable up to a maximum amount of $1,000.(5) Compensation may not be awarded under ORS 147.005 to 147.367 for property damage or noneconomic damages as defined in ORS 31.705.(6) Notwithstanding subsections (2) to (5) of this section, when a claim for compensation is filed in a case of abuse of corpse in the first degree as defined in ORS 166.087 or abuse of corpse in the second degree as defined in ORS 166.085, compensation may be awarded for one or both of the following: (a) Reasonable funeral expenses, up to a maximum amount of $5,000, with an additional amount awarded at the discretion of the department.(b) Reasonable counseling expenses for emotional distress, including the cost of any prescription medications prescribed in conjunction with the counseling, up to a maximum amount of $5,000 for each incident.(7) If the case against the assailant of the victim is under direct or collateral review or the subject of any other post-conviction proceeding, or the assailant of the victim has a hearing scheduled before the State Board of Parole and Post-Prison Supervision or the Psychiatric Security Review Board or has applied for or is being considered for clemency or any other relief, compensation may be awarded for: (a) The victim's, survivor's or dependent's counseling expenses, including the cost of any prescription medications prescribed in conjunction with the counseling, up to a maximum amount of $10,000; and(b) Other expenses related to the proceeding, including transportation, lodging and any other expenses determined by the department by rule that are necessary for the victim, survivor or dependent to be involved in the proceeding, up to a maximum amount determined by the department by rule.(8) A claim for compensation expires and no further payments may be made with regard to the claim: (a) When three years have elapsed from the entry of a determination order under ORS 147.135; or(b) If the victim, survivor or dependent attains 21 years of age after the date described in paragraph (a) of this subsection, when the victim, survivor or dependent attains 21 years of age.(9) Notwithstanding subsection (8) of this section:(a) In cases of homicide, a claim for reasonable counseling expenses for survivors may continue until five years have elapsed from the date of the determination order.(b) Claims described in subsection (7) of this section may be filed at any time while an assailant's case is involved in the post-conviction proceeding or the assailant has a hearing scheduled or is being considered for release or clemency and do not expire.(10) Notwithstanding subsections (2) and (8) of this section, if a victim suffers catastrophic injuries:(a) A claim for compensation and payments may continue beyond the period described in subsection (8) of this section; and(b) The department may award compensation for losses in excess of the individual limitations described in subsection (2) of this section, provided that the aggregate award does not exceed the amount described in subsection (1)(b) of this section.(11) The department shall adopt rules: (a) Defining the terms and maximum amount of compensation available under subsection (2)(f) of this section.(b) Defining the types of compensable expenses and maximum amount of compensation available under subsection (7)(b) of this section.(c) Defining catastrophic injuries and establishing the length of time that a claim for compensation and payments may continue under subsection (10)(a) of this section.(d) For medical fee schedules. The schedules shall represent at least the 75th percentile of the usual and customary fees charged to the public as determined by the department. An applicant or victim may not be charged for the percentile amount reduced by the department.Amended by 2023 Ch. 318,§ 4, eff. 1/1/2024.Amended by 2017 Ch. 108, § 2, eff. 1/1/2018.1977 c.376 §5; 1987 c.770 §4; 1989 c.542 §3; 1991 c.603 §2; 1991 c.862 §3; 1993 c.294 §8; 1993 c.546 §100; 1993 c.622 §3; 1997 c.549 §1; 1997 c.723 §1; 1997 c.749 §2; 1997 c.873 §31; 1999 c.922 §1; 2001 c.383 §1; 2003 c. 349, § 1; 2009 c. 272, § 1; 2011 c. 125, § 1