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Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 595

Effective - 28 Aug 2018, 2 histories bottom

  595.015.  Compensation claims, department of public safety to administer, method — application filed with department, form, contents — cooperation with law enforcement — information to be made available to department. — 1.  The department of public safety shall, pursuant to the provisions of sections 595.010 to 595.075, have jurisdiction to determine and award compensation to, or on behalf of, victims of crimes.  In making such determinations and awards, the department shall ensure the compensation sought is reasonable and consistent with the limitations described in sections 595.010 to 595.075.  Additionally, if compensation being sought includes medical expenses, the department shall further ensure that such expenses are medically necessary.  The department of public safety may pay directly to the provider of the services compensation for medical or funeral expenses, or expenses for other services as described in section 595.030, incurred by the claimant.  The department is not required to provide compensation in any case, nor is it required to award the full amount claimed.  The department shall make its award of compensation based upon independent verification obtained during its investigation.

  2.  Such claims shall be made by filing an application for compensation with the department of public safety.  The application form shall be furnished by the department.  The application shall include:

  (1)  The name and address of the victim;

  (2)  If the claimant is not the victim, the name and address of the claimant and relationship to the victim, the names and addresses of the victim's dependents, if any, and the extent to which each is so dependent;

  (3)  The date and nature of the crime or attempted crime on which the application for compensation is based;

  (4)  The date and place where, and the law enforcement officials to whom, notification of the crime was given;

  (5)  The nature and extent of the injuries sustained by the victim, the names and addresses of those giving medical and hospital treatment to the victim and whether death resulted;

  (6)  The loss to the claimant or a dependent resulting from the injury or death;

  (7)  The amount of benefits, payments or awards, if any, payable from any source which the claimant or dependent has received or for which the claimant or dependent is eligible as a result of the injury or death;

  (8)  Releases authorizing the surrender to the department of reports, documents and other information relating to the matters specified under this section; and

  (9)  Such other information as the department determines is necessary.

  3.  In addition to the application, the department may require that the claimant submit materials substantiating the facts stated in the application.

  4.  The claimant, victim or dependent shall cooperate with law enforcement officials in the apprehension of the offender in order to be eligible, or the department has found that the failure to cooperate was for good cause.

  5.  Any state or local agency, including a prosecuting attorney or law enforcement agency, shall make available without cost to the fund all reports, files and other appropriate information which the department requests in order to make a determination that a claimant is eligible for an award pursuant to sections 595.010 to 595.075.

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(L. 1981 H.B. 41, et al. § 2, A.L. 1985 H.B. 715, A.L. 1994 S.B. 554, A.L. 1995 H.B. 174, et al., A.L. 2009 S.B. 338, A.L. 2018 H.B. 1355)


---- end of effective   28 Aug 2018 ----

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595.015 8/28/2018
595.015 8/28/2009 8/28/2018

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