Mississippi Administrative Code

1. There must be evidence to support that a crime occurred. It is not necessary that the offender be prosecuted or convicted to show that a crime occurred. Additionally, although a conviction is not required as conclusive evidence that a crime has been committed, the victim/claim…

1. All eligible expenses shall be verified and substantiated by supporting documentation. 2. Eligible expenses:a. Medical - reasonable charges incurred for reasonably needed and medically necessary products, services and accommodations, including, but not limited to, medical care…

1. Some examples of medical expenses include, but are not limited to, hospital, physicians, prescriptions, ambulance, prosthetics, medically necessary equipment, rehabilitation, medical supplies, dental and chiropractic services. Expenses may also include rehabilitative occupatio…

1. Victim/Claimant Eligibility:a. The victim/claimant must otherwise qualify for compensation before any award can be considered; b. The victim/claimant must have suffered personal injury or psychological trauma as a direct result of the criminally injurious conduct; and, c. Coun…

1. Eligible expenses:a. Lost wages may be eligible for work missed by the victim during recovery of physical injuries and/or psychological trauma, herein known as victim lost wages. b. Lost wages may be eligible for work missed by the claimant during the victim's recovery of phys…

1. Surviving dependent(s) of the deceased victim may be eligible to receive loss of support. Dependent may be a spouse or a child under the age of 18 (if the child is enrolled in school full-time on the date of the crime, then no later than the child's 21st birthday). Other famil…

1. Eligible Expenses: a. Reasonable charges for usual and customary expenses related to funeral, cremation or burial services and products include, but not limited to: funeral home professional and staff services, embalming, viewing facilities, wake facilities, equipment for grav…

1. Upon referral and certification by a law enforcement officer, prosecutor, judicial officer, or certified/regulated domestic violence shelter director or representative from said agency or entity, temporary housing assistance may be available for domestic violence victims who h…

1. Upon referral and certification by a certified/regulated domestic violence shelter director or representative from said agency or entity, relocation assistance may be available for domestic violence victims who have an immediate need for relocation assistance in order to escap…

1. Compensation may be awarded for reasonable and necessary out-of-pocket expenses incurred for cleaning supplies, equipment rental and labor needed to clean the scene of a homicide or assault and for which reimbursement from collateral sources is not available including, but not…

1. Compensation may be awarded for the reasonable and necessary travel costs for attendance at criminal justice proceedings. 2. Criminal justice proceedings are defined as investigative or court proceedings for the criminal case upon which the claim is based and include appointme…

1. Compensation may be awarded for the reasonable repair or replacement costs for the victim/claimant to repair and/or replace exterior broken windows, doors, locks or other security devices of a residential dwelling destroyed by the offender during a violent crime and directly c…

1. Compensation may be awarded for the reasonable and necessary costs of traveling to and from a place of execution for the purpose of witnessing the execution. 2. Eligible costs include mileage, airfare, bus fare, train fare, lodging and meals. 3. The victim/claimant must otherw…

1. Eligible Expenses:a. Lost tuition may be eligible for tuition paid and unused by the victim during recovery of personal injuries, herein known as victim tuition loss. b. Lost tuition may be eligible for tuition paid and unused by the claimant during the victims recovery of per…

1. Other crime related expenses not previously mentioned above may be considered on a case-by-case basis. Expenses must be necessary and reasonable for actual services and products directly related to crime injuries. 2. Victim and Claimant Eligibility: a. Victim must otherwise qu…

1. Ineligible expenses include, but not limited to, damaged or stolen property, pain and suffering, expenses not directly related to the crime injuries, attorney's fees, or treatment not rendered by a licensed medical professional, mental health provider or facility. Notes 3 Miss…

1. The Office of the Attorney General shall have a right to commence a civil action for the recovery of overpayment of compensation awards pursuant to Section 99-41-27(3) of the Mississippi Code, as amended. 2. The defendant as in § 400 (1) shall be responsible for the fees, cour…

1. In the event the amount of approved claims exceeds the available funds during any defined period, the department, at its sole discretion, may proportionately reduce benefits paid to claimant's. 2. Eligible claims may be held until completion of the defined period and proportio…

1. The Office of the Attorney General shall have a right to commence a civil action for the recovery of compensation awards obtained by the claimant upon filing a false claim, furnishing false information and/or failing to disclose pertinent information. 2. The defendant as in § …

1. An advance award may be made, if the directora. determines that the claim is one with respect to which an award probably will be made; and b. the claimant will suffer financial hardship unless an advance award is made. 2. The advance award may not exceed Five Hundred Dollars (…

1. If the Director denies a claim for any reason, the victim/claimant has the right to appeal. The appeal process consists of three steps: (1) reconsideration, (2) contested hearing and (3) circuit court appeal. 2. All requests must be filed in a timely manner and written notice …

1. The Director, on his/her own motion or on request of the victim/claimant, may reconsider a decision granting or denying an award or determining its amount. An Order of Reconsideration of an award shall not require a refund of amounts previously paid unless the award was obtain…

1. The victim/claimant who disagrees with the decision of the Director after reconsideration may contest such decision within thirty (30) days after notification of issuance of the decision. 2. Requesting a Contested Hearing: a. The victim/claimant must provide a written request …

The Division of Victim Compensation, Office of the Attorney General is authorized to pay for all medical forensic examinations done for the purpose of sexual assault evidence collection. Mississippi Code Annotated § 99-37-25 provides that the bill for the medical forensic examina…

1. All bills submitted for payment should be accompanied by a copy of the State of Mississippi Crime Laboratory Sexual Assault Examination Form, and include a standard UB-04 form or other official itemized billing form. NOTE: For minor victims receiving a sexual assault medical f…

1. In order to be considered for payment, the following criteria must be met: a. The crime must have occurred in Mississippi. b. The initial sexual assault medical forensic examination and collection of evidence must have occurred after June 30, 2005. c. All requests for payment …

1. The bill for the sexual assault medical forensic examination must not be submitted to the victim. 2. A completed copy of the State of Mississippi Crime Laboratory Sexual Assault Examination Form (or authorized sexual assault exam form for minors >72 hours), and a UB-04 form or…

1. The Office of the Attorney General will pay up to $1,000 per case. This fee includes the following limits:a. Medical personnel time to include physician, nurse practitioner, or Sexual Assault Nurse Examiners (S.A.N.E.) fee - $350 b. Facility fee to include supplies, equipment …

1. The Division Director, on his/her own motion or on request of the medical provider, may reconsider a decision granting or denying a payment. 2. Reconsideration: If the Victim Compensation Division denies a payment request the medical provider may appeal the decision by notifyi…

The Address Confidentiality Program provides services to residents of Mississippi who are victims of domestic violence, sexual assault, or stalking. It is the intent of the Legislature to assist people attempting to escape from actual or threatened domestic violence, sexual assau…

The Office of the Attorney General is authorized to establish and enforce these rules and procedures by virtue of Mississippi Code Annotated § 99-47-1(9). These rules facilitate the administration of the Address Confidentiality Program in accordance with Mississippi Code Annotate…

1. "ACP" means Address Confidentiality Program. 2. "Address Confidentiality Program" means the statutorily created program for implementing the provisions of Mississippi Code Annotated § 99-47-1, within the Office of the Attorney General. 3. "Certification" means the process by w…

1. To apply for the Address Confidentiality Program, an applicant must:a. Be a resident of the State of Mississippi; b. Be a victim of domestic violence, sexual assault, or stalking; and c. Complete the Address Confidentiality Program application form(s); and submit the completed…

1. The Office of the Attorney General shall refer potential participants to domestic violence shelters or rape crisis centers that provide shelter and counseling services to either victims of domestic violence, sexual assault, or stalking to assist persons applying to be ACP part…

1. A program applicant who falsely attests in an application that disclosure of the applicant's address would endanger the applicant's safety or the safety of the applicant's children or the minor or incapacitated person on whose behalf the application is made, or who knowingly p…

1. The Office of the Attorney General (Victim Compensation Division Director), on his/her motion or on request of the victim, may reconsider a decision granting or denying ACP participation.a. If the Office of the Attorney General denies an application or cancels ACP certificatio…

1. Program certification shall be canceled if any of the following occur: a. The program participant obtains a name change. However, the person may immediately reapply for certification under their new name. A copy of legal documents verifying the name change must be submitted. I…

1. An ACP participant may request that public bodies use the address designated by the Office of the Attorney General as the participants substitute address. 2. The ACP participant, and not the Office of the Attorney General, is responsible for requesting that any public body use…

1. Under Mississippi Code Annotated § 99-47-1(5), a program participants confidential address, telephone number, and any other identifying information in the possession of the Office of the Attorney General shall not constitute a public record within the meaning of the Mississipp…

1. The Office of the Attorney General shall be an agent of the program participant upon whom any summons, writ, notice, demand, or process may be served. 2. Service on the Office of the Attorney General of any summons, writ, notice, demand, or process may be made by mailing two (…

1. The Office of the Attorney General and/or its agents and/or employees are immune from civil and/or criminal liability for damages for conduct within the scope and arising out of the performance of the duties imposed under this section. 2. Any district attorney and his agents a…

The Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund (herein referred to as "the Fund") was created by the Mississippi Legislature to provide disability benefits to law enforcement officers and fire fighters injured in the line of duty. These benefits sha…

1. "Law enforcement officer" means any lawfully sworn officer or employee of the state or any political subdivision of the state whose duties require the officer or employee to investigate, pursue, apprehend, arrest, transport or maintain custody of persons who are charged with, …

Any actively employed part-time or full time law enforcement officer or fire fighter, or reserve/auxiliary law enforcement officer or volunteer fire fighter, who is accidentally or intentionally injured in the line of duty as the direct result of a single incident, is eligible to…

Chronic or repetitive injury is not covered. Section 45-2-21, Mississippi Code Annotated (1972) states, Compensation under this section shall not be awarded where a penal violation committed by the covered individual contributed to the disability or the injury was intentionally s…

Payments made from the Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund are exempt from the claims and demands of creditors of the covered individual per Section 45-2-21, Mississippi Code Annotated (1972). Notes 3 Miss. Code. R. 2-1-104 Amended 12/26/2024

Applications are included in these policies and procedures as EXHIBIT A. Also, applications and instructions can be obtained from the following sources: Website: Attorney General Lynn Fitch.com Mail: Mississippi Attorney General's Office Law Enforcement Officers and Fire Fighters…