Wisconsin Administrative Code
Department of Justice
Chapter Jus 11 - Awards For Victims Of Crime
Subchapter I - Crime Victim Compensation
Section Jus 11.07 - Limitations on awards
Current through August 26, 2024
The department may not make an award if the department determines that any of the following apply:
(1) The application was not filed within one year after the date of the personal injury or death, subject to the exception under s. 949.08(1m) (b), Stats. The department may waive the one year filing requirement under this subsection in the interest of justice.
(2) The incident upon which the claim is based was not reported to a law enforcement agency within 5 days of its occurrence or, if the incident could not have reasonably been reported within that period, within 5 days of the time when a report could reasonably have been made. The department may waive the time limit on reporting under this subsection in the interest of justice.
(3) The victim engaged in conduct which substantially contributed to the victim's injury or death or engaged in conduct in which the victim could have reasonably foreseen could lead to injury or death. This paragraph does not apply to awards to victims under s. 949.03(1) (a), Stats. In determining whether the victim engaged in contributory conduct under this subsection the department:
(4) The victim committed a crime which caused, or contributed to, the victim's injury or death.
(5) The victim has not cooperated with appropriate law enforcement agencies. In this subsection "cooperation with appropriate law enforcement agencies" means the victim has cooperated with the reasonable requests of the law enforcement agency investigating the incident, including:
(6) The applicant has not cooperated with the department in the administration of the program. Cooperation with the department means that the applicant provides all information deemed necessary by the department within 30 days of its request. The department may waive this requirement upon good cause shown by the applicant that the failure to take the steps required by the department was beyond the control of the applicant.
(7) The injured victim is an adult passenger in a vehicle operated by the offender and the crime involved is specified in s. 346.63(2) or 940.25, Stats., and the passenger knew the offender was under the influence of an intoxicant, a controlled substance, or another drug to a degree that renders him or her incapable of safely driving. This subsection does not apply if the victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31 or 948.30, Stats. This subsection applies, however, if the victim is also a victim of a crime specified in s. 940.09, Stats.
(8) The victim has been certified to the department under s. 49.855(7), Stats., as being delinquent in child support or maintenance payments.
Note: 1999 Wis. Act 9 repealed s. 49.855(7), Stats.
(9) The award would unjustly benefit the offender or accomplice. In this subsection "unjust benefit" includes: