Current through Register Vol. 49, No. 2, February 2024
Rule No.
12
APPLICATION REVIEW PROCEDURE
1. A victim, dependent of a victim, or person
legally acting in behalf of the victim, must first secure a copy of the
official Victims Reparations Application Form from their local prosecuting
attorney's office, law enforcement agency, victim/witness coordinator, medical
provider or from the Board. Assistance in completing the form may be provided
by the victim-witness coordinator or the prosecuting attorney's staff in
districts that have no victim-witness coordinator. The Crime Victims.
Reparations Board staff will also be available to assist in the completion of
the form.
2. A form must be
completed in its entirety, appropriate itemized documentation and police
offense report attached, signed and received by the Board within one (1) year
of the incident unless the Board finds good cause for failure to file a timely
claim.
(A) Good cause shall include, but not
be limited to:
(1) the physical incapacity of
a victim
(2) the mental
incompetence of a victim
(3) the
age of the victim
(4) the injury
was not reasonably discoverable
(5)
restitution or other collateral source was regularly being paid and then
terminated
(6) postal service
delays which are verifiable
3. The staff of the board shall log the
application as being received and begin a thorough review and verification
process.
4. The Board and staff
have the authority to conduct investigations and/or request any additional
information from the victim, the investigating law enforcement agency, medical
personnel and/or facilities, witnesses, employers and others as may be deemed
necessary for the proper review and verification of the application.
5. The staff shall make a thorough analysis
of the application and attachments, then prepare staff comments relative to the
application which shall be filed in the application folder along with
supportive data that is pertinent to the investigation.
6. Chancre to:
The the board and/or administrative staff shall have. the
authority to review and decide the claims in the following manner:
Claims for compensation of $2,500 or less to be authorized by the
board's administrator, chief investigator and claim investigator.
Claims for compensation of $2.501 to $5,000 to be authorized by
the board's administrator, attorney and chief investigator.
Claims for compensation of $5.001 to $10.000 to be authorized by
(2) two board members with recommendations provided by the board's
administrator. attorney and chief investigator.
Delete (The administrative staff shall have the authority to
review and decide the following claims;
(a) Claims for compensation of $2,500 or
less,
(b) Claims for funeral
expenses of $2,500 or less)
7. Claims that the administrative staff has
reason to believe should be denied for the following reasons:
(A) The claim is not filed with the Board
within one year after the injury or death upon which the claim is based, unless
"good cause" for not having done so can be established.
(1) Good cause shall include, but not be
limited to:
(a) the physical incapacity of a
victim
(b) the mental incompetence
of a victim
(c) the age of the
victim
(d) the injury was not
reasonably discoverable
(e)
restitution or other collateral source was regularly being paid and then
terminated
(f) postal service
delays which are verifiable
(B) The claimant/victim was an offender or an
accomplice of the offender. Claimant/victim shall not have been engaged in an
illegal activity during his/her victimization.
(C) The award would unjustly benefit the
offender or accomplice except as permitted by Rule
9 of the Arkansas Crime Victims
Reparations Rules and Regulations. (See Rule
9 )
(D) To a victim who is injured or killed
while confined in a state, county, or municipal jail, prison, or other
correctional facility as a result of conviction of any crime.
(E) To a victim or claimant who has been
convicted of a felony involving criminally injurious conduct;
(F) If the crime which resulted in criminally
injurious conduct or death was not reported to a law enforcement officer within
seventy-two hours after Its occurrence.
(G) The claim does not fulfill criteria
established for compensation in Rule No. 8 of the Arkansas Crime Victims
Reparations Rules and Regulations of the Board.
If claimant/victim contributed or was offender - compensation
shall not be awarded to a claimant/victim who was the offender or an accomplice
of the offender or who encouraged or in any way - participated in the
criminally injurious conduct. Compensation may be diminished to the extent or
the degree of responsibility for the cause of the injury or death attributable
to the victim, as determined by the Board.
In determining the amount of an award, the administrative staff
shall determine whether, because of his conduct, the victim of such crime or
the intervener contributed to the infliction of his injury or to his death, and
the Board shall reduce the amount of the award or reject the claim altogether,
in accordance with such determination.
Contribution is determined by the action portrayed by the victim
at the time of or immediately preceding the crime. While there is no set
formula for calculating the percentage of contribution to be assessed, the
following factors should serve as a guideline:
(1) If it appears that the victim was
provoked by the defendant in a manner threatening bodily harm to the victim,
and the victim acted in self defense, no contribution should be
assessed.
(2) If it appears that
the victim was provoked by the defendant in a manner where bodily harm to the
victim appeared unlikely, and the victim used poor judgment because of
intoxication or other drug involvement, a 25% contribution factor should be
assessed.
(3) If it appears that
the defendant was provoked by the victim in a manner where bodily harm appeared
unlikely, a 50% contribution factor should be assessed.
(4) If the victim is injured as a result of
his conduct not, being that of a prudent person, a 50% contribution factor
should also be assessed.
(5) If it
appears that the defendant was provoked by the victim in a manner where bodily
harm to the defendant appears intentional, a 75% contribution factor should be
assessed.
(6) If it appears that
the defendant was provoked by the victim in a manner where bodily harm to the
defendant is unquestionable, a 100% contribution factor shall be assessed and
the claim denied.
(7) If the victim
is not wearing protective equipment as prescribed by law, a 25% contribution
factor shall be assessed. This includes helmets, seat belts, etc,
(8) If the victim was involved in drugs as
verified by the police report or other official documents, a 100% contribution
factor should be assessed and the claim denied.
8. The Administrator of the Board shall then
make a decision regarding the claim. The claimant/victim shall be mailed
notification of the administrative decision within fourteen (14) calendar days
by mail. If claim is denied the claimant/victim will be notified by certified
mail, return receipt requested.
9.
The claimant shall have the right to appeal, administrative decisions of the
Board in the manner set forth in Rule No. 14, APPEALS PROCEDURE.
10. In an appeals hearing, all parties shall
be afforded an opportunity to appear and be heard.
11.
Delete all of number
11
Applications that do not fall under the guidelines of
administrative staff decisions shall be presented to the Board. Once the
application has been cleared (staff review and comments completed), the
application will be placed on the next appropriate Board agenda for
consideration. An application must be cleared at least ten (10) calendar days
prior to a Board meeting for consideration at that meeting. Those applications
not cleared at least ten (10) calendar days prior to a regular meeting shall be
considered at the Board meeting the following month, unless it
is
