Title 75E, Title 75E: Criminal and Juvenile Justice Administration

75E-5-202. Duties of the office. (1) The office shall: prescribe policy for the office; under the direction of the commissioner, make rules to implement and administer this chapter in accordance with Title, Utah Administrative Rulemaking Act, which may include setting ceilings on…

75E-5-203. Director duties and powers. (1) The director shall: hire staff, including compensation and assistance specialists, as necessary; act when necessary as a compensation specialist in deciding an initial compensation claim; possess the same investigation and decision-makin…

75E-5-204. Staff duties. In addition to any assignments made by the director, a compensation specialist shall: (1) hear and determine all matters relating to a compensation claim and reinvestigate or reopen a compensation claim without regard to statutes of limitation or periods …

75E-5-205. Records -- Requirements for release. (1) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, a confidential record, a public restitution record, and a nonpublic restitution record may only be disclosed as provided in this section. (2) A …

75E-5-206. Rulemaking -- Exemption from Administrative Procedures Act. (1) The office shall make, in accordance with, rules for procedures for contested determinations by a compensation specialist. Title 63G, Chapter 3, Utah Administrative Rulemaking Act (2) The office is exempt …

75E-5-301. Definitions for part. Reserved.

75E-5-302. Crime Victim Compensation Fund. (1) There is created an expendable special revenue fund known as the "Crime Victim Compensation Fund" to be administered and distributed as provided in this section by the office in cooperation with the Division of Finance. The fund shal…

75E-5-303. Compensation award -- No right of action. (1) Compensation to a victim under this chapter is: limited to the money available in the fund; and not an entitlement program. (2) Failure to grant a compensation award does not create a right of action against the office, the…

75E-5-304. Compensation not to supplant restitution -- Assignment of claim for restitution judgment to Compensation Office. (1) A compensation award may not supplant an order for restitution under Title 77, Chapter 38b, Crime Victims Restitution Act, or under any other provision …

75E-5-305. Grounds for eligibility. (1) A victim is eligible for a compensation award under this chapter if: the claimant is: a victim of criminally injurious conduct; a dependent of a deceased victim of criminally injurious conduct; or a representative acting on behalf of one of…

75E-5-306. Ineligible individuals -- Fraudulent compensation claims -- Penalties. (1) The following individuals are not eligible to receive a compensation award: an individual who does not meet all of the provisions set forth in Section; 75E-5-305 the offender; an accomplice of t…

75E-5-307. Compensation award process -- Additional testing -- Failure to comply -- Waiver of privilege. (1) If the mental, physical, or emotional condition of a victim is material to a compensation claim, the compensation specialist, director, or the assistant director compensat…

75E-5-308. Determination of eligibility for victim compensation -- Law enforcement agency to provide investigative reports -- Restrictions on usage -- Criminal penalty. (1) Notwithstanding Section, and subject to Subsection, a law enforcement agency shall provide a copy of an inv…

75E-5-309. When a compensation award may be granted -- Limitations. (1) The office may grant a compensation award if: the compensation specialist finds the compensation claim satisfies the requirements for the compensation award under the provisions of this chapter and the rules …

75E-5-310. Notification of claimant -- Suspension of proceedings. (1) The office shall immediately notify the claimant in writing of a compensation award and shall forward to the Division of Finance a certified copy of the compensation award and a warrant request for the amount o…

75E-5-311. Acceptance of a compensation award -- Assignment of recovery -- Reimbursement. (1) By accepting a compensation award, a victim: automatically assigns to the office any claim the victim may have relating to criminally injurious conduct in the compensation claim; and is …

75E-5-312. Payment of a compensation award -- Claims against the award -- Review. (1) Except as provided in Subsection, a compensation specialist may provide for the payment of a compensation award in a lump sum or in installments. (1)(b) The compensation specialist shall pay the…

75E-5-313. Payments to medical service providers. (1) Except as provided in Subsection, a medical service provider who accepts payment from the office: (2) shall agree to accept payments as payment in full on behalf of the victim or claimant; and may not attempt to collect furthe…

75E-5-314. Attorney fees. (1) The claims procedures shall be sufficiently simple that the assistance of an attorney is unnecessary, and no attorney fees may be paid for the assistance of an attorney or any other representative in filing the compensation claim or providing informa…