Title 5, STATE AND LOCAL ADMINISTRATION

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. The following are confidential: (1) A claimant's: (A) personal information (as defined in IC 9-14-6-6); and (B) medical records. (2) Records obtained during an investigation under section 26 of this chapter that are not publicly available. As added by P.L.121-2006, SEC…

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…

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 attempting to commit or committing a criminal act; (2) if the injury occurred whil…

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. (b) Except as provided in subsections (e) and (f), the application must be received by the division not more than one hundred eighty (180) days…

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…

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 added by P.L.47-1993, SEC…

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 temporary or transitional housing having the primary purpose of providing shelter for a claimant to avoid contact with the person who committed the violent crime that is the basis for the claim. As added by P.L.121…

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. 20.5. The division shall deny an award of compensation under this chapter if the claimant fails to fully cooperate with the division in the review, investigation, and processing of the claim. As added by P.L.20-2024, SEC.13.

Sec. 21.1. (a) This section applies to claims filed with the division after June 30, 2009. (b) This section 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 has…

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 claims analysts 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; P.L.20-2024, SEC.16.

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. 27.5. (a) If, after investigation of the application, the division determines that the applicant does not qualify for compensation, a denial letter shall be issued to the applicant. (b) A denial of an application under this chapter constitutes an agency action for purposes o…

Sec. 28.5. A claimant aggrieved by an action under this chapter may request an appeal under IC 4-21.5 by making a written request to the director within thirty (30) days of the date of the denial letter. As added by P.L.20-2024, SEC.22.

Sec. 29.5. (a) The state or a claimant may appeal an order issued by an administrative law judge under IC 4-21.5 within twenty-one (21) days of the date of the written determination by filing a written appeal with the director who shall place the appeal on the docket for review b…

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. 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. 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.

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 division shall reimburse a hospital for its costs in providing …

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.

Sec. 49. (a) The secured storage fund is established as a dedicated fund to provide money to assist counties to pay expenses for the secured storage of samples from forensic medical examinations of alleged sex crime victims. (b) The division shall administer the secured storage f…

Sec. 5. As used in this chapter, "intoxicated" has the meaning set forth in IC 9-13-2-86. As added by P.L.47-1993, SEC.2.

Sec. 5.5. As used in this chapter, "motor vehicle" has the meaning set forth in IC 9-13-2-105. As added by P.L.121-2006, SEC.3. Amended by P.L.20-2024, SEC.2.

Sec. 5.7. As used in this chapter, "out-of-pocket expense" means: (1) funeral expenses; (2) burial expenses; (3) cremation expenses; and (4) medical expenses that are payable under IC 27-8-10-3 for each of the types of services and items provided to a victim as a result of the bo…

Sec. 5.8. As used in this chapter, "loss of income" means wages the victim would have earned had the victim not died or been injured, if the victim was employed at the time of the crime. As added by P.L.20-2024, SEC.4.

Sec. 6.7. As used in this chapter, "terrorist act" means an act that: (1) involves a violent act that is dangerous to human life; (2) violates a criminal law of the United States or of any state or that would be a criminal violation if committed within the jurisdiction of the Uni…