Title 5, TITLE 5. STATE AND LOCAL ADMINISTRATION

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.

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 7.1-1-3-26.3. As added by P.L.121-2006, SEC.3.

Sec. 5.7. As used in this chapter, "out-of-pocket loss" means an amount equal to the amount of reimbursement 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 bodily injury or death upon which an application is based. A…

Sec. 6. As used in this chapter, "person" includes a sole proprietorship, a partnership, a corporation, an association, a fiduciary, and an individual. As added by P.L.47-1993, SEC.2.

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…

Sec. 7. As used in this chapter, "victim" means an individual who suffers bodily injury or death as a result of a violent crime. As added by P.L.47-1993, SEC.2.

Sec. 7.5. As used in this chapter, "victim of a child sex crime" means an individual who was the victim of: (1) child molesting (IC 35-42-4-3(a)); (2) vicarious sexual gratification (IC 35-42-4-5); (3) child solicitation (IC 35-42-4-6); (4) child seduction (IC 35-42-4-7); or (5) …

Sec. 9. The violent crime compensation unit is established as a unit of the victim services division of the institute. As added by P.L.47-1993, SEC.2.

Sec. 1. As used in this chapter, "Project IMPACT" refers to each of the affiliate organizations authorized under section 3(1) through 3(5) of this chapter. As added by P.L.16-2009, SEC.11.

Sec. 2. As used in this chapter, "Project IMPACT USA, Inc." refers to the national, nonprofit organization known by that name that seeks to assist states in providing comprehensive family restoration programs in an effort to assist in reducing juvenile delinquency and violence am…

Sec. 3. Project IMPACT USA, Inc., is authorized to develop and implement the following five (5) affiliate organizations to be administered at the following sites: (1) Project IMPACT Allen in Fort Wayne. (2) Project IMPACT Lake in Gary. (3) Project IMPACT Marion in Indianapolis. (…

Sec. 4. Project IMPACT is a comprehensive family restoration program providing delinquency prevention services to problematic youth and their families. As added by P.L.16-2009, SEC.11.

Sec. 5. The objectives of Project IMPACT are the following: (1) To reduce the number of arrests. (2) To reduce the number of school suspensions. (3) To reduce the number of youth referred to juvenile courts for delinquency and unruly behavior. (4) To increase a troubled youth's a…

Sec. 6. Project IMPACT may provide the following programs: (1) A juvenile diversion program that consists of: (A) individual and family counseling; (B) personal development workshops; (C) referral assistance; and (D) case management. (2) A school dropout prevention program that c…

Sec. 7. Project IMPACT may provide services to problematic youth and their families, including persons referred to Project IMPACT from: (1) juvenile courts; (2) local schools; and (3) community organizations. As added by P.L.16-2009, SEC.11.

Sec. 8. In order to carry out this chapter, Project IMPACT may enter into a contract with the Indiana criminal justice institute established under IC 5-2-6. As added by P.L.16-2009, SEC.11.

Sec. 1. 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.3.

Sec. 2. As used in this chapter, "responsible party" means an individual who has been formally charged with or convicted of a felony. As added by P.L.47-1993, SEC.3.