Title 5, TITLE 5. STATE AND LOCAL ADMINISTRATION

Sec. 0.2. The amendments made to IC 16-7-3.6-5 (before its repeal, now codified in this chapter) and IC 16-7-3.6-8 (before its repeal, now codified in this chapter) by P.L.351-1989 do not apply to the reimbursement of a claim that arises from a violent crime that occurs before Ju…

Sec. 0.5. As used in section 7 of this chapter, "bodily injury" means: (1) an impairment of a physical condition; (2) a visible injury; (3) physical pain; or (4) emotional trauma that stems directly from the impairment of a physical condition, a visible injury, or physical pain. …

Sec. 1. As used in this chapter, "claimant" means any of the following individuals filing an application for assistance under this chapter: (1) A victim. (2) A surviving spouse of a victim. (3) A legal dependent of a victim. (4) A family member of a victim. (5) A personal represe…

Sec. 10. The division shall do the following: (1) Maintain an office and staff in Indianapolis. (2) Prescribe forms for processing applications for assistance. (3) Determine claims for assistance filed under this chapter and investigate or reopen cases as necessary. (4) Prepare a…

Sec. 11. The division may do the following: (1) Require from the attorney general, the state police department, local law enforcement personnel, a county department of public welfare, or a prosecuting attorney copies of investigations and data to assist the division in determinin…

Sec. 11.5. A claimant's: (1) personal information (as defined in IC 9-14-6-6); and (2) medical records; are confidential. As added by P.L.121-2006, SEC.4. Amended by P.L.198-2016, SEC.9.

Sec. 12. (a) Except as provided in sections 13 and 15 of this chapter, the following persons are eligible for assistance under this chapter: (1) A resident of Indiana who is a victim of a violent crime committed: (A) in Indiana; or (B) in a jurisdiction other than Indiana, includ…

benefits; exceptions; award of compensation to dependents of violent criminals Sec. 13. (a) Subject to subsection (b) and except as provided in subsection (c), benefits may not be awarded: (1) if the victim sustained the injury as a result of participating or assisting in, or att…

As added by P.L.121-2006, SEC.6. Repealed by P.L.98-2022, SEC.4.

As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006, SEC.7. Repealed by P.L.98-2022, SEC.5.

Sec. 15. (a) If a victim of a violent crime dies as a result of the crime, the division may pay the reasonable expenses incurred for funeral, burial, or cremation. (b) The division shall adopt guidelines to determine when the payment of expenses under subsection (a) is appropriat…

Sec. 16. (a) A person eligible for assistance under section 12 of this chapter may file an application for assistance with the division if the violent crime was committed in Indiana. (b) Except as provided in subsections (e) and (f), the application must be received by the divisi…

Sec. 17. (a) Except for an alleged victim of a child sex crime, the division may not award compensation under this chapter unless the violent crime was reported to a law enforcement officer not more than seventy-two (72) hours after the occurrence of the crime. (b) The division m…

enforcement officials Sec. 18. The division shall deny an award of compensation under this chapter if the claimant fails to fully cooperate with law enforcement personnel in the investigation, apprehension, and prosecution of the offender before the date the award is paid. As add…

enforcement officials Sec. 19. A claimant who fails to fully cooperate with law enforcement personnel in the investigation, apprehension, and prosecution of the offender after an award is paid forfeits the award. As added by P.L.47-1993, SEC.2.

Sec. 2. As used in this chapter, "division" refers to the victim services division of the Indiana criminal justice institute. As added by P.L.47-1993, SEC.2.

Sec. 2.5. As used in this chapter, "emergency shelter care" means housing in a facility having the primary purpose of providing temporary or transitional shelter for the homeless or for a specific population of the homeless. As added by P.L.121-2006, SEC.2.

Sec. 20. If: (1) the division finds a compelling reason for failure to report to or cooperate with law enforcement officials; and (2) justice requires; the division may suspend the requirements of section 17, 18, or 19 of this chapter. As added by P.L.47-1993, SEC.2.…

Sec. 21. (a) This section applies to claims filed with the division after December 31, 2005, and before July 1, 2009. (b) This subsection does not apply to reimbursement for forensic and evidence gathering services provided under section 39 of this chapter. (c) An award may not b…

Sec. 21.1. (a) This section applies to claims filed with the division after June 30, 2009. (b) This subsection does not apply to reimbursement for forensic and evidence gathering services provided under section 39 of this chapter. (c) An award may not be made unless the claimant …

Sec. 22. (a) The state is subrogated to the rights of the claimant to whom an award is granted to the extent of the award. (b) The subrogation rights are against the perpetrator of the crime or a person liable for the pecuniary loss. (c) If the claimant initiates a civil action a…

Sec. 23. (a) In addition to the subrogation rights under section 22 of this chapter, the state is entitled to a lien in the amount of the award on a recovery made by or on behalf of the claimant. (b) The state may: (1) recover the amount under subsection (a) in a separate action;…

Sec. 24. The division shall employ sufficient hearing officers to review each application for an award to carry out this chapter. As added by P.L.47-1993, SEC.2. Amended by P.L.100-2012, SEC.15.

Sec. 25. (a) The division shall review all applications to ensure that the applications are complete. (b) If an application is not complete, the application shall be returned to the applicant with a brief statement of the additional information required. (c) The applicant may, no…

Sec. 26. (a) If an application is complete, the division shall accept the application for filing and investigate the facts stated in the application. (b) As part of the investigation, the division shall verify that: (1) a violent crime was committed; (2) the victim was killed or …

Sec. 27. (a) A hearing officer may hold a hearing concerning the merits of the application to allow any interested person to appear to offer evidence and argument on any issue relevant to the application or to the facts surrounding the bodily injury or death upon which the applic…

Sec. 28. (a) Not more than ten (10) days after the hearing, the hearing officer shall issue a written decision supported by findings of fact and conclusions of law based on the record from the hearing, the investigation, and the application of the claimant. (b) Copies of the deci…

Sec. 29. (a) The state or a claimant may appeal the findings of the hearing officer not more than twenty-one (21) days after the date of receipt of the findings by filing a written appeal with the director. (b) If an appeal is filed, the director shall review the matter and place…

Sec. 3. As used in this chapter, "fund" refers to the violent crime victims compensation fund established by section 40 of this chapter. As added by P.L.47-1993, SEC.2.

Sec. 30. A proceeding under this chapter must be according to procedures adopted by the division. As added by P.L.47-1993, SEC.2.

Sec. 31. The hearing officer may not deny an award without providing the claimant with an opportunity for a hearing. As added by P.L.47-1993, SEC.2.

Sec. 32. (a) The division shall reduce an award made under this chapter by the amount of benefits received or to be received from the following sources if those benefits result from or are in any manner attributable to the bodily injury or death upon which the award is based: (1)…

Sec. 33. If: (1) an award is made under this chapter; and (2) the claimant receives a sum required to be deducted under section 32 of this chapter; the claimant shall refund to the state the amount of overpayment. As added by P.L.47-1993, SEC.2.

Sec. 34. (a) In determining the amount of the award, the division shall determine whether the victim contributed to the infliction of the victim's injury or death. (b) If the division finds that the victim contributed to the infliction of the victim's injury or death, the divisio…

Sec. 35. (a) An award to a claimant under this chapter: (1) may not exceed fifteen thousand dollars ($15,000); and (2) may not cover the first one hundred dollars ($100) of the claim. (b) The part of an award covering an unpaid bill shall be made payable to the service provider. …

Sec. 36. (a) If: (1) the division determines that a claimant will suffer severe financial hardship unless an emergency award is made; and (2) it appears likely that a final award will be made; an emergency award not to exceed five hundred dollars ($500) may be authorized by the d…

As added by P.L.47-1993, SEC.2. Repealed by P.L.121-2006, SEC.30.

Sec. 37.5. An attorney who represents a victim at a hearing conducted by the division related to a claim under this chapter may not: (1) charge a claimant a contingency fee for the representation that exceeds ten percent (10%) of the value of the award; or (2) receive a direct pa…

Sec. 38. An award made by the division to a claimant is not subject to execution, attachment, garnishment, or other process, except the claim of a creditor to the extent that the costs were included in the award. As added by P.L.47-1993, SEC.2.

services Sec. 39. (a) When a hospital acting under IC 16-21-8 provides a forensic medical exam to an alleged sex crime victim, the hospital shall furnish the forensic medical exam described in IC 16-21-8-6 without charge. The victim services division of the Indiana criminal justi…

Sec. 4. As used in this chapter, "institute" means the Indiana criminal justice institute established by IC 5-2-6. As added by P.L.47-1993, SEC.2.

Sec. 40. The violent crime victims compensation fund is established as a dedicated fund to provide money for the awards provided under this chapter and for reimbursements under IC 16-21-8-6. As added by P.L.47-1993, SEC.2.

Sec. 41. The fund consists of amounts deposited under IC 5-2-6.3-6(b)(3), IC 11-10-7-5, IC 11-10-8-6, IC 33-37-7-9, IC 34-51-3-6, and IC 35-50-5-3 and appropriations from the general assembly. As added by P.L.47-1993, SEC.2. Amended by P.L.98-2004, SEC.49; P.L.121-2006, SEC.19; P…

Sec. 42. Money in the fund and income derived from money in the fund do not revert to the state general fund at the end of a state fiscal year. As added by P.L.47-1993, SEC.2.

Sec. 43. (a) If the division determines that an award from the fund becomes final during a month, the division shall compute the award before the fifteenth day of the following month. (b) Except as provided in section 44 of this chapter, an award must be paid not more than thirty…

Sec. 44. (a) If the fund would be reduced below two hundred fifty thousand dollars ($250,000) by payment in full of all awards that become final in a month, the division shall suspend payment of the claims that become final during the month and the following two (2) months. (b) A…

Sec. 45. The state is not liable for a written determination made by the division under this chapter except to the extent that money is available in the fund on the date the award is computed by the division under this chapter. As added by P.L.47-1993, SEC.2.

Sec. 46. The division shall adopt rules under IC 4-22-2 governing the computation and payment of awards under this chapter and the payment of reimbursements under IC 16-21-8-6. As added by P.L.47-1993, SEC.2.

Sec. 47. A claimant convicted of forgery, fraud, or deception in connection with a claim under this chapter forfeits an award paid to the claimant under this chapter. As added by P.L.47-1993, SEC.2.

Sec. 48. The division may pay expenses incurred in administering this chapter only from money appropriated for that purpose from the violent crime victims compensation fund. As added by P.L.47-1993, SEC.2.