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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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DEPARTMENT OF JUSTICE

 

DIVISION 76

CRIME VICTIMS' COMPENSATION

137-076-0000

Authority for Rules

These rules are adopted under the Department of Justice's authority contained in ORS 147.205(3).

Stat. Auth.: ORS 147.205(3)
Stats. Implemented:
Hist.: JD 4-1983, f. & ef. 9-1-83; JD 2-1992, f. & cert. ef. 3-2-92

137-076-0005

Scope of Rules

These rules implement ORS 147.005 through 147.365 related to the compensation of crime victims.

Stat. Auth.: ORS 147.205(3)
Stats. Implemented:
Hist.: JD 4-1983, f. & ef. 9-1-83; JD 2-1992, f. & cert. ef. 3-2-92

137-076-0010

Definitions

As used in ORS 147.005 through 147.375, unless the context requires otherwise:

(1) "Program" means the Crime Victims' Compensation Program.

(2) "Administrator" or "Program Director" means the Administrator or Program Director of the Crime Victims' Compensation Program as designated by the Attorney General of the State of Oregon.

(3) "Failure to Cooperate" means any act or omission by a victim that prejudices a law enforcement agency in the timely investigation of a crime or which causes the agency to abandon its investigation, or which prejudices a prosecuting official in a timely prosecution of the crime or causes or contributes to a decision by the official to abandon prosecution.

(4) "Good Cause for Failure to Cooperate" exists when the victim receives express or implied threats that cooperation will result in death or serious physical injury to the victim or another person and that these expressed or implied threats can be documented by the Program.

(5) "Good Cause for Failure to Notify the Appropriate Law Enforcement Officials within 72 Hours from the Perpetration of the Crime" means physical or mental trauma causing an inability to report the crime within 72 hours as required by statute.

(6) "Substantially Attributable to the Victim's Wrongful Act" means directly or indirectly attributable to a wrongful act from which there can be a reasonable inference that, had the act not been committed, the crime complained of likely would not have occurred.

(7) "Wrongful Act" means any intentional, reckless, negligent or careless act that is unlawful or meets the elements of a crime, violation or infraction. "Wrongful Act" could include but is not limited to a felony, misdemeanor, violation, traffic crime, traffic violation, parole or probation violation, custody release agreements or participating, either directly or indirectly, in the cultivation, purchase, sale, manufacture or possession of a controlled substance as defined by ORS 475.991 to 475.995 and 167.225.

(8) "Substantial Provocation" means a voluntary act by the victim which caused or provoked another to take action as the result of anger, resentment or deep feelings, which would have been foreseeable by a reasonable and prudent person, and from which there can be a reasonable inference that, had the act not occurred, the crime likely would not have occurred.

(9) "Contribution" means a voluntary action by the victim, which, directly or indirectly, produced the victim's injury. In determining whether contribution exists, the Department may consider all relevant circumstances of the behavior of the victim that may have contributed to the victim's injury or death, including but not limited to gestures, words, prior conduct and the use of alcohol or controlled substances.

(10) "Reject With Prejudice" means denial of the applicant's claim with conclusive and final effect.

(11) "Medical Fee Schedule" means the Oregon Workers' Compensation Medical Fee and Relative Value Schedule in regards to processing medical bills for reimbursement. Dental and mental health bills are processed using other fee schedules adopted by the program.

(12) "Financial Obligation" means a financial debt ordered or imposed by a court, within or outside of the State of Oregon, as a result of a previous criminal conviction.

(13) "Mental or Nervous Shock" means the psychological injury and emotional distress or mental harm directly incurred and experienced as a result of a person crime as defined in ORS chapter 163.

(14) "Family" means related by blood, marriage or adoption, or any person who had the same primary residence as the victim at the time of the compensable crime.

(15) "Immediate Family" means father, mother, child, sibling, parent, spouse, grandparent, stepparent and stepchild and any other relative of the victim or victim's spouse, or any other person who had the same primary residence as the victim at the time of the compensable crime.

(16) "Friend" means someone that had a friendship or friendly relations with the victim.

(17) "Acquaintance" means someone that had been introduced to, or who knew the victim, but who may not have been a particularly close friend.

(18) "Law Enforcement Official" as defined in ORS 147.005(10) also includes Judges and protective services personnel from the Department of Human Services.

(19) "Good Cause for Failure to Satisfy a Financial Obligation" means a physical or mental injury that can be documented by a medical doctor that is causing an inability to satisfy a financial obligation within one-year of notification of the financial obligation.

Stat. Auth.: ORS 147.205(3)
Stats. Implemented: ORS 147.015(2), 147.015(3), 147.015(5) & 147.125(1)(c)
Hist.: JD 4-1983, f. & ef. 9-1-83; JD 1-1987(Temp), f. & ef. 1-8-87; JD 2-1992, f. & cert. ef. 3-2-92; JD 18-1992, f. 10-30-92, cert. ef. 11-2-92; DOJ 4-2001, f. & cert. ef. 6-1-01; DOJ 14-2004, f. & cert. ef. 11-22-04

137-076-0016

Eligibility Criteria

For the purpose of ORS 147.005 through 147.365 and unless otherwise specified by statute, when a victim files a claim for crime victim compensation benefits, the Department must use those statutory eligibility criteria in effect at the date of the victim's crime in order to evaluate the claim for eligibility, even if that eligibility criteria is currently not in use by the Department.

Stat. Auth.: ORS 147.205(3)
Stats. Implemented:
Hist.: DOJ 14-2004, f. & cert. ef. 11-22-04

137-076-0018

Award Limits

(1) For the purposes of ORS 147.035(1)(a)(A)(i) in the case of injury, an award to a victim for medical and hospital expenses, including psychiatric, psychological or counseling expenses shall have a maximum amount of up to $20,000 per claim. This same award, in the case of child sex abuse, rape of a child and exploitation described in 419B.005(1)(a)(C), (D) or (E), may be used to pay for the counseling expenses of the victim's family. In no instance does there ever exist a separate individual award of $20,000 specifically for family counseling in child sex abuse cases. However, once a child sex abuse victim described above reaches the age of 18, family counseling benefits will cease to exist.

(2) For the purposes of ORS 147.035(1)(a)(A)(ii) in the case of children who witness domestic violence, an individual award of up to a maximum amount of $10,000 can be awarded for counseling expenses to each individual child associated with the claim who witnessed the domestic violence as documented by law enforcement.

(3) For the purposes of ORS 147.035(1)(a)(A)(iii) in the case of a victim of international terrorism, an individual award of up to a maximum amount of $1,000 can be awarded for counseling expenses to each relative of the victim in association to trauma suffered as a result of the victim's crime.

(4) For the purposes of ORS 147.025 and 147.035, and unless otherwise specified in statute, when a victim files a claim for crime victim compensation benefits, only those awards and limits in effect at the date of the victim's crime can be used to compute the type and amount of award(s) granted by the Department.

Stat. Auth.: ORS 147.205(3)
Stats. Implemented:
Hist.: DOJ 14-2004, f. & cert. ef. 11-22-04

137-076-0020

Definition of Reasonable Expenses

(1) As used in this rule, "necessary services" are those services necessary for the treatment of physical and/or psychological injury suffered by the victim as a direct result of a crime.

(2) For purposes of ORS 147.035, reasonable hospital expenses shall be limited to expenses for necessary services provided by licensed hospitals and by other health care facilities licensed to provide services that may otherwise be supplied by hospitals.

(3) For purposes of ORS 147.035, reasonable medical expenses shall be limited to ambulance expenses and expenses for necessary services provided by medical practitioners licensed under ORS Chapters 677 through 679. Medical treatment provided by any other medical provider may be reimbursable if at the time treatment began it was approved by and provided under the supervision of a medical practitioner licensed under ORS Chapters 677 through 679. Medical treatment provided by any other medical provider without a referral from a medical practitioner, licensed under ORS Chapters 677 through 679, may be compensated for a period of 90-days from the date of the first crime-related visit by the victim, or up to 5 visits, whichever occurs first, so long as the medical provider is licensed under the provisions governing that provider's profession.

(4) For purposes of ORS 147.025 and 147.035, reasonable psychiatric, psychological or counseling expenses are limited to expenses for necessary services provided by psychiatrists or physicians licensed under ORS Chapter 677, or psychiatric mental health nurse practitioners licensed under ORS Chapter 678, or licensed psychologists, licensed clinical social workers, licensed professional counselors, licensed psychologist associates or licensed marriage and family therapists licensed under ORS Chapter 675, or qualified mental health professionals as defined in OAR 309-039-0510(12). The Administrator or Program Director shall have the authority to grant an exception to the above requirements when justification is provided that none of the above referenced mental health treatment providers is a reasonable option for addressing the crime-related needs of a specific victim.

(5) For purposes of ORS 147.035, compensable rehabilitation expenses shall be limited to expenses for necessary services to provide physical rehabilitation, vocational training, or to assist with adaptations necessary to allow a victim to conduct daily living tasks.

(6) For purposes of this rule, "medical practitioner" means a medical provider who is licensed under ORS chapters 677 through 679 and who is able to prescribe controlled substances in the course of professional practice and includes:

(a) Doctor of Medicine;

(b) Doctor of Osteopathy;

(c) Podiatric Physician or Surgeon;

(d) Dentist;

(e) Nurse Practitioner, and;

(f) Physicians Assistant with drug dispensing authority from the Board of Medical Examiners for the State of Oregon.

Stat. Auth.: ORS 147.205(3)
Stats. Implemented: ORS 147.025 & 147.035
Hist.: JD 4-1983, f. & ef. 9-1-83; JD 2-1992, f. & cert. ef. 3-2-92; JD 18-1992, f. 10-30-92, cert. ef. 11-2-92; DOJ 3-2001(T), f. & cert. ef. 4-5-01 thru 5-31-01; DOJ 4-2001, f. & cert. ef. 6-1-01; DOJ 14-2004, f. & cert. ef. 11-22-04

137-076-0025

Lost Earnings Compensation

(1) Net lost earnings shall be computed on the basis of the victim's actual documented net earnings determined as of the date of the compensable injury. Net loss of support benefits shall be computed on the basis of the deceased victim's documented net earnings at the time of death. If the Department is unable to document net earnings but can document gross earnings, the Department can use 70% of the victim's documented gross earnings to compute net lost earnings benefits or, net loss of support benefits. Possible future earnings shall not be considered as a basis for lost earnings compensation. Benefits can also be paid for subsequent periods of disability, such as surgeries. The rate of the loss should be recalculated to reflect the victim's present net earnings and should be paid at the higher rate if different. No earnings may exceed the $400 per week maximum.

(2) Lost earnings compensation shall accrue only during the period of medical disability as confirmed by a medical practitioner licensed under ORS chapters 677 and 679.

(3) Where a replacement person is hired to fulfill the duties of an injured victim and the cost of this replacement person is a direct financial cost to the victim, such documented replacement cost shall be used as the basis for lost earnings compensation, but in no instance shall the compensation exceed the maximum weekly amount of $400 or an aggregate of $20,000. If a victim was not working at the time of the criminal incident but has a history of annual earnings, such as seasonal work, contracting, or temporary assignments, he/she may still be eligible for lost wages/support if the program receives proper documentation to support the net earnings. For this purpose the program must have either W-2's or an income tax return that reflects earnings for the preceding twelve month period. This figure will then be used to reflect annual income/support and provide a basis for calculating the disability period.

(4) Loss of support compensation shall be based on the victim's documented net earnings at the time of death. The net amount shall be divided by the number of dependents, including the victim. The result shall be based on the number of surviving dependents at the time of death, not to exceed the maximum weekly amount of $400.

(5) Loss of support compensation shall include the documented loss of child support. Loss of child support shall be based on the amount of child support received by the child at the time of the victim's death.

(6) Loss of support benefits shall be paid to dependent children under 18, or until 21 if the dependent child is a full-time college student, dependent spouse of a deceased victim until remarriage, and any relative who was a financial dependent of the deceased victim at the time of the death of the victim.

(7) Where a deceased victim and surviving spouse both have income at the time of the criminal occurrence resulting in the death of the victim, the independent income of the deceased victim shall be used to determine loss of support benefits for his or her surviving dependents, including the surviving spouse, regardless of the surviving spouse's income.

Stat. Auth.: ORS 147.205(3)
Stats. Implemented: ORS 147.035
Hist.: JD 4-1983, f. & ef. 9-1-83; JD 2-1992, f. & cert. ef. 3-2-92; JD 2-1997, f. & cert. ef. 7-9-97; DOJ 4-2001, f. & cert. ef. 6-1-01; DOJ 14-2004, f. & cert. ef. 11-22-04

137-076-0030

Time Within Which an Application for Compensation Must Be Filed or Good Cause Shown for an Extension of the Time Within Which an Application for Compensation Must Be Filed

(1) An application for compensation shall be filed in the office of the Program, Oregon Department of Justice, either in person or by mail, and shall be deemed filed when received by the Department.

(2) "Good cause for failure to file an application for compensation within six months of the date of the crime" shall include lack of knowledge of the Program, failure of an investigating officer to provide information as provided for in ORS 147.365, or mental or physical trauma sustained by the victim rendering the victim incapable of filing the application for compensation in a timely fashion.

Stat. Auth.: ORS 147.205(3)
Stats. Implemented: ORS 147.015
Hist.: JD 4-1983, f. & ef. 9-1-83; JD 2-1992, f. & cert. ef. 3-2-92; JD 2-1997, f. & cert. ef. 7-9-97

137-076-0032

Abandonment of Application for Compensation

If, following the acceptance of a claim application and granting of an award, the Program requires additional information from the victim/applicant in order to further process compensation payments, a request for this additional information will be mailed to the victim/applicant. If the victim/applicant fails to respond within 30 days to inquiries and communications by the Program, the Program shall send a second notice by certified mail, return receipt requested, to the applicant's last known address informing the applicant that the application for compensation will be closed as abandoned. If the applicant does not respond within 30 days of the mailing of the certified letter, the application for compensation shall be closed. Upon an applicant's request, the application for compensation may be reopened for good cause within one year from the date the application for compensation is closed.

Stat. Auth.: ORS 147.205(3)
Stats. Implemented: ORS 147.105
Hist.: JD 2-1992, f. & cert. ef. 3-2-92; JD 2-1997, f. & cert. ef. 7-9-97; DOJ 4-2001, f. & cert. ef. 6-1-01

137-076-0034

Closure of Application for Compensation

An applicant may request that the application for compensation be withdrawn or closed without a decision. This request must be in writing. The application cannot thereafter be reopened.

Stat. Auth.: ORS 147.205(3)
Stats. Implemented: ORS 147.015, ORS 147.135
Hist.: JD 2-1992, f. & cert. ef. 3-2-92; JD 2-1997, f. & cert. ef. 7-9-97

137-076-0037

Payment of Catastrophic Injury Claims

(1) For the purpose of ORS 147.035, a catastrophically injured crime victim is a person:

(a) Eligible for an award of compensation under ORS 135.905 and 147.005 to 147.365; and

(b) As a direct result of the compensable crime, has sustained a severe long term or life long personal injury as established by criteria set forth in OAR 137-076-0037(4).

(2) If the department determines the victim's injuries to be catastrophic in nature and that determination does not change upon any reevaluation pursuant to OAR 137-076-0037(5) or 137-076-0037(6), then the benefits and payments under this rule will continue indefinitely or until those benefits and payments reach the financial award limits established by ORS 147.035.

(3) The burden of proof is upon the victim and/or applicant to establish eligibility as a catastrophically injured crime victim for the continuation of benefits and payments under this rule. Speculation and conjecture as to the following are not sufficient to meet the burden of proof:

(a) A potential increase in disability;

(b) Mere loss of earnings;

(c) Cumulative injuries that are minor in nature; - or

(d) Subjective statements of the victim without substantiation of catastrophic injury by an objective medical examination and report from a licensed medical physician.

(4) In determining whether the victim has met the burden of proof that the personal injury is catastrophic, the department must take into consideration all of the following factors:

(a) Whether the victim has suffered significant and sustained reduction of the victim's previous functioning of mental or physical abilities or both, and that reduction significantly alters the victim's ability to interact with others or to carry on the normal functions of life or both;

(b) Whether there has been a material reduction in the victim's previous ability to work;

(c) Whether there has been a physical or neurophysical impairment where no fundamental or marked improvement in the victim's crime-related condition reasonably can be expected;

(d) The severity and debilitating nature of the personal injury including, but not limited to, conditions such a quadriplegia, paraplegia, loss of sight in both eyes, loss of hearing in both ears or amputation of a major portion of any extremity;

(e) Whether the injury is permanent or long term;

(f) Whether a victim is receiving benefits as a result of being determined permanently disabled pursuant to the provisions of 42 U.S.C. 1381, et. seq. A victim receiving benefits pursuant to 42 U.S.C. 1381, et seq. must meet the burden of proof that the injury is catastrophic through providing all of the following:

(A) A copy of the Social Security Administration's determination of permanent disability;

(B) Documentation of the crime underlying the injury;

(C) Medical documentation by a licensed physician addressing the criteria set forth in OAR 137-076-0037(4);

(D) At the department's discretion, the department may request an examination and report from an impartial licensed medical examiner addressing the criteria set forth in OAR 137-076-0037(4). If requested by the department, the department will reimburse the costs of the impartial medical examination and report.

(5) At the department's discretion, the department may periodically order a medical examination and report concerning an injured victim, to be performed by an impartial licensed medical physician. The purpose of this discretionary medical examination is to reaffirm or verify the victim's continued eligibility for benefits and payments under this rule:

(a) The impartial medical examination and report must address the victim's current medical status, and include information about the criteria set forth in OAR 137-076-0037(4);

(b) The department must reimburse the costs of any impartial medical examination and report ordered by the department.

(6) At its discretion, the department may request periodic information regarding the claim award concerning continuing eligibility under this section:

(a) From the victim; and

(b) The department's request may include a request for a medical evaluation report from the victim's personal medical physician. The report must address the victim's current condition concerning the criteria set forth in OAR 137-076-0037(4). The department must reimburse the costs of the physician's report.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 147.035(5) & ORS 147.205
Stats. Implemented: ORS 147.035(5)
Hist.: DOJ 4-2002, f. 5-30-02, cert. ef. 6-1-02

137-076-0040

Payment of Benefits

(1) Lost earnings and loss of support compensation benefits shall be computed as a daily amount and paid monthly based on a five-day week, Monday through Friday.

(2) In no instance shall lump sum compensation awards be made unless the total of the lump sum award has already been accrued.

Stat. Auth.: ORS 147.205(3)
Stats. Implemented: ORS 147.035(1)(a)(B) & ORS 147.035(1)(b)(C)
Hist.: JD 4-1983, f. & ef. 9-1-83; JD 2-1992, f. & cert. ef. 3-2-92; DOJ 4-2001, f. & cert. ef. 6-1-01

137-076-0043

Submission of Bills

(1) For purposes of ORS 147.035, all requests for payment of expenses connected to a compensation file for crime related injuries must be received by the Crime Victims' Assistance Section within sixty days after the date of claim expiration. These expenses should be in the form of an itemized billing statement.

(2) If a provider is unable to submit actual billings within the sixty-day period, the provider must submit to the program within the sixty-day period a written notice of intent to submit billings along with documentation of the reason for the late submission. The department will determine if good cause exists to extend the sixty-day period.

(3) No payment will be authorized for any treatment provided to the victim/applicant after the date of claim expiration, except in a situation where completion of a specific medical or dental procedure will extend beyond the three year period. The cost of these procedures and the duration of the treatment must be submitted to the department and be approved prior to the date of claim expiration before payment can be authorized. No payment will be authorized for additional expense beyond the approved amount unless such additional expenses occur prior to the date of file closure.

(4) All bills submitted to the department for payment consideration must be submitted timely and no later than one year from the date of service. Failure to submit bills to the department within a year from the date of service may result in denial of payment.

Stat. Auth.: ORS 147.205(3)
Stats. Implemented: ORS 147.035
Hist.: JD 2-1997, f. & cert. ef. 7-9-97; DOJ 4-2001, f. & cert. ef. 6-1-01

137-076-0045

Emergency Award

In the event an emergency award or overpayment is made and it is later determined that the application for compensation is not compensable or that there has been an overpayment, the Department of Justice shall have a right to commence a civil action for the recovery of such monies.

Stat. Auth.: ORS 147.205(3)
Stats. Implemented: ORS 147.055
Hist.: JD 4-1983, f. & ef. 9-1-83; JD 2-1992, f. & cert. ef. 3-2-92; JD 2-1997, f. & cert. ef. 7-9-97

137-076-0050

Payment of Dependency Awards for Minors

In the event that a loss of support compensation award is allowed to a minor child that is residing with a natural parent who is also the spouse of the deceased victim and entitled to a loss of suppport award, the award for the minor child shall be paid directly to the surviving spouse.

Stat. Auth.: ORS 147.205(3)
Stats. Implemented: ORS 147.165
Hist.: JD 4-1983, f. & ef. 9-1-83; JD 2-1992, f. & cert. ef. 3-2-92; DOJ 4-2001, f. & cert. ef 6-1-01

137-076-0055

Fraudulent Information

Any claimant who intentionally misrepresents information upon which the Program materially relies to determine or pay benefits shall forfeit the right to compensation and the application for compensation shall be denied with prejudice.

Stat. Auth.: ORS 147.205(3)
Stats. Implemented: ORS 147.255
Hist.: JD 4-1983, f. & ef. 9-1-83; JD 2-1992, f. & cert. ef. 3-2-92; JD 2-1997, f. & cert. ef. 7-9-97

137-076-0056

Reconsideration Requests

(1) For the purposes of ORS 147.145, adult applicants shall have a 90-day period after an initial determination order is entered to request reconsideration by the department. The request shall be in writing and sent to the Program Administrator. The department may consider whether "good cause" for an exception exists if the department receives a request for review after the 90-day period. No exceptions will be made when three years have elapsed from the date of the initial order. The following events may constitute "good cause" for failure to submit reconsideration requests within the 90-day period:

(a) The applicant can document that after the 90-day limitation period, law enforcement investigation has discovered new and convincing evidence about the criminal incident;

(b) That physical or mental trauma has caused an inability on the applicant's part to submit a request for reconsideration within the 90-day period;

(c) The applicant can document that he/she did not receive the departments original denial/reduction order.

(2) In cases of applicants under the age of 21, the 90-day requirement for reconsideration does not apply. The department will consider all requests for reconsideration that are received within three years of the initial denial/reduction order, or when the child victim attains the age of 21, which ever occurs later.

(3) For the purposes of ORS 147.145, the department's requirement to notify the applicant of its decision on review within 30-days of the department's receipt of the request for review can be extended with verbal or written permission from the applicant.

Stat. Auth.: ORS 147.205(3) &ORS 147.231
Stats. Implemented: ORS 147.145 & ORS 147.035
Hist.: DOJ 4-2001, f. & cert. ef. 6-1-01

137-076-0060

Third Party Claims

If the Program, after investigation and payment of benefits, determines that another party, other than the assailant, may have legal responsibility for the injuries sustained by the victim, the Program may, in its discretion, bring an action against said party for the recovery of the amount of monies that the Program has expended on behalf of the victim. In the event such an action is brought, the victim shall be joined as a complaining party and any recovery made that is in excess of the amount of benefits that the Program has awarded to the victim shall accrue to the victim.

Stat. Auth.: ORS 147.205(3)
Stats. Implemented: ORS 147.345
Hist.: JD 4-1983, f. & ef. 9-1-83; JD 2-1992, f. & cert. ef. 3-2-92

137-076-0065

Negotiated Settlements

If the victim is successful in a claim or legal action against the assailant or another party and is able to recover monetary damages, the Program shall be subrogated for the full amount of payments made by the Program. However, the Program may, at its sole discretion, waive all or part of its recovery, if it is determined to be in the best interests of the Program and the victim.

Stat. Auth.: ORS 147.205(3)
Stats. Implemented: ORS 147.345
Hist.: JD 4-1983, f. & ef. 9-1-83; JD 2-1992, f. & cert. ef. 3-2-92

137-076-0070

Payment of Grants Under ORS 147.231

(1) As used in ORS 147.231:

(a) "Eligible public or private non-profit agency" means any public, state or local governmental entity or program or private non-profit agency that provides services to victims of crimes.

(b) "Victim of violent crime" is a person who has suffered injury as defined in ORS 147.005 as a result of the commission of a crime.

(c) "The Department" means, for the purposes of this rule, the Oregon Department of Justice.

(d) "Services" includes but is not limited to, those services listed in ORS 147.231(3) and :

(A) Training that enhances a programs' ability to serve victims of violent crime;

(B) Development of statewide procedures or services to enhance the ability to respond to victims of violent crimes;

(C) Community crisis response services;

(D) Crime scene clean-up of residences;

(E) Crime-related health and mental health services; and

(F) Costs necessary and essential to providing direct services to victims.

(e) "Victims of Crime Act Advisory Committee" refers to an administrative body appointed by the Attorney General pursuant to ORS 147.227.

(2) Department Responsibilities:

(a) The Department shall use the funds described in ORS 147.231 to support programs serving victims of violent crimes and the necessary administrative costs associated with providing services to such victims. In administering this grant program, the department may use any state approved and legally binding disbursement method that meets the purpose of ORS 147.231 and follows the process described in section (a).

(b) The Department shall consult with the Attorney General's Victims of Crime Act (VOCA) Advisory Committee in the administration of these dollars. All grants must be recommended by the VOCA Advisory Committee and approved by the Attorney General.

Stat. Auth.: ORS 147.231
Stats. Implemented: ORS 147.231 & ORS 147.227
Hist.: DOJ 3-2000, f. & cert. ef. 3-31-00; DOJ 3-2001(T), f. & cert. ef. 4-5-01 thru 5-31-01; DOJ 4-2001, f. & cert. ef. 6-1-01

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