Title 53, Title 53

The office shall refer to the department of public health and human services victims who have been permanently disabled through criminally injurious conduct, who are receiving benefits under this part, and who in the opinion of the office may be vocationally rehabilitated. The de…

(1) The office may grant attorney fees to attorneys for representing claimants before the office. Any attorney fee granted by the office is in addition to compensation awarded the claimant under this part. (2) The office may regulate the amount of the attorney fee in any claim un…

(1) Except as provided in subsections (2) and (3), the records the office maintains in its possession in the administration of this part are open to public inspection and disclosure. (2) Confidential criminal justice information obtained by the office is subject to the confidenti…

Claimants receiving benefits under this part are not granted an absolute entitlement to benefits. Benefits must be paid in accordance with the amount of the legislative appropriation. If the office determines at any time that the appropriated funds for a fiscal year will not be a…

The office may adopt appropriate rules in order to receive federal funds under federal criminal reparation and compensation acts.

Any person who knowingly makes a false claim or a false statement or uses any other fraudulent device in connection with any claim is guilty of theft as provided in 45-6-301 and upon conviction shall, in addition to being punished as provided by that section, forfeit and repay an…

(1) An individual convicted of a qualifying crime may not sell or exchange confidential criminal justice information, as defined in 44-5-103. (2) The office shall require that any funds obtained in violation of subsection (1) be deposited into the escrow fund, provided for in 53-…

(Temporary) Crime victims compensation account. There is an account in the state special revenue fund for crime victims compensation. The money in the account is statutorily appropriated, as provided in 17-7-502, to the department of justice for the purposes provided in this part…

An applicant for an award of compensation may apply in writing in a form that conforms substantially to that prescribed by the office.

The office may hold informal hearings in order to make determinations regarding the compensability of a claim. At the hearings, the office may subpoena witnesses and documents as set forth in 2-4-104. Hearings held under this section are not considered contested case hearings und…

(1) The office may require the claimant to supplement the application with any reasonably available medical or counseling reports relating to the injury for which compensation is claimed. (2) If the physical condition of a victim or claimant is material to a claim, the office may…

If a person refuses to comply with an order of the office or asserts a privilege to withhold or suppress evidence relevant to a claim, except privileges arising from the attorney-client relationship, the office may make any just order, including denial of the claim.

(1) Except as otherwise provided in this section, compensation may not be awarded unless the claim is filed with the office within 1 year after the day the criminally injurious conduct occurred causing the injury or death upon which the claim is based. Compensation in cases invol…

If the office determines that the claimant will suffer financial hardship unless a tentative award is made and it appears likely that a final award will be made, an amount may be paid to the claimant, to be deducted from the final award or repaid by and recoverable from the claim…

(1) The office shall award compensation benefits under this part if satisfied by a preponderance of the evidence that the requirements for compensation have been met. (2) An award may be made whether or not any person is prosecuted or convicted. Proof of conviction of a person wh…

(1) A claimant is entitled to weekly compensation benefits when the claimant has a total actual loss of wages due to injury as a result of criminally injurious conduct. During the time the claimant seeks weekly benefits, the claimant, as a result of the injury, must have no reaso…

(1) An award is not subject to execution, attachment, garnishment, or other process, except an execution, attachment, or garnishment of a right to compensation for work loss to secure payment of maintenance or child support. (2) An assignment or agreement to assign a right to com…

(1) The office on its own motion or on request of the claimant may reconsider a decision making or denying an award or determining its amount. The office shall reconsider at least annually every award being paid in installments. An order on reconsideration of an award may not req…

After the office has made final determination concerning any matter relating to a claim, if the claimant disputes the office's determination, the claimant may appeal to the district court for the county in which the claimant resides for review. Review on appeal must be in conform…

(Temporary) Subrogation. (1) If a claimant seeks compensation under this part and compensation is awarded, the office is entitled to full subrogation against a judgment or recovery received by the claimant against the offender or a collateral source arising from the criminally in…

(Temporary) Effect of award on probation and parole of offender. (1) When placing any convicted person on probation, the court may set as a condition of probation the payment to the state of an amount equal to any benefits paid by the office to a victim or a victim's dependents. …