US Laws, Codes, Statutes & Cases

Chapter 147 — Victims of Crime and Acts of Mass Destruction

 

2007 EDITION

 

VICTIMS OF CRIME & ACTS OF MASS DESTRUCTION

 

PROCEDURE IN CRIMINAL MATTERS GENERALLY

 

COMPENSATION OF CRIME VICTIMS

 

(General Provisions)

 

147.005     Definitions

 

147.015     Eligibility for compensation; generally

 

147.025     Eligibility of person not victim or dependent of deceased victim

 

147.035     Amounts and types of losses compensable; rules

 

147.045     Notification of district attorney upon filing of compensation claim; deferral of compensation proceedings; emergency awards

 

147.055     Emergency awards; amount; effect on final award

 

147.065     Limitation on time for commencing action for compensable crime

 

(Compensation Procedure)

 

147.105     Application for compensation; contents; additional information or materials; amended applications; effect of criminal conviction of applicant

 

147.115     Confidentiality of application information; board proceedings; use of record; witnesses before board

 

147.125     Determining amount of compensation; deduction of other benefits

 

147.135     Processing compensation application; order; contents

 

147.145     Review of order; reconsideration; notice to applicant

 

147.155     Appeal to Workers’ Compensation Board; hearing; record; evidence considered; board determination not subject to further review

 

147.165     Payment of awards; awards to minors and incompetents

 

(Administrative Provisions)

 

147.205     Authority of Department of Justice; assistance from other agencies; rules; examination of victims; reports to Governor and Legislative Assembly

 

147.215     Attorney General as legal adviser to department; assistance by governmental agencies

 

147.225     Criminal Injuries Compensation Account

 

147.227     Disbursement of moneys to be used for comprehensive victims’ assistance programs; rules; qualifications

 

147.231     Disbursement of moneys to provide services to victims of crimes; rules

 

147.240     Department of Justice to submit claims to account for payment of awards

 

147.245     Disposition of moneys recovered from assailant; disposition of gifts or grants

 

147.255     Recovery of moneys paid on fraudulent claims; recovery of fees

 

147.275     Proceeds of compensable crime; escrow account for benefit of victims; notice; distribution; hearing; rules; definitions

 

(Recovery of Assistance)

 

147.281     Definitions

 

147.283     Notice to Department of Justice of claim or action to enforce claim for injuries

 

147.285     Creation of lien

 

147.287     Perfection of lien

 

147.289     Notice of lien; form

 

147.292     Notice of amount of judgment, settlement or compromise

 

147.294     Liability of person making payment after notice of lien is recorded

 

147.296     Action for failure to provide notice

 

147.298     Where action may be initiated

 

(Miscellaneous Provisions)

 

147.305     Effect of criminal conviction on compensation proceedings

 

147.315     Charging fees to applicants prohibited

 

147.325     Compensation not subject to assignment or legal process prior to receipt by beneficiary

 

147.335     Compensation rights not to survive beneficiary; death of beneficiary after filing of application

 

147.345     State subrogated to rights accruing to beneficiary; suit by state against assailant; disposition of proceeds; settlement

 

147.365     Law enforcement agencies to inform crime victims of compensation procedure; agencies not civilly liable for failure to comply

 

SERVICES TO VICTIMS OF ACTS OF MASS DESTRUCTION

 

147.367     Services to victims of acts of mass destruction; Department of Justice

 

PAYMENT OF COSTS OF MEDICAL ASSESSMENT

 

(Child Abuse Medical Assessment)

 

147.390     Child abuse medical assessment; payment by department

 

147.391     Limitation on obligation of Criminal Injuries Compensation Account under ORS 147.390

 

(Sexual Assault Medical Assessment)

 

147.395     Definitions

 

147.397     Payment of costs; form; provider reimbursement

 

147.399     Sexual Assault Victims’ Emergency Medical Response Fund

 

CRIME VICTIMS’ RIGHTS

 

147.405     Short title

 

147.410     Purpose

 

147.415     Severability

 

147.417     Victim to be notified of constitutional rights

 

147.419     Authority of victim to obtain copy of transcript or tape of criminal proceeding

 

147.421     Information about defendant that public body is required to provide to victim

 

147.425     Personal representative

 

OREGON DOMESTIC AND SEXUAL VIOLENCE SERVICES FUND

 

147.450     Definitions

 

147.453     Oregon Domestic and Sexual Violence Services Fund

 

147.456     Plan for allocation of funds; Department of Justice

 

147.459     Considerations in developing plan

 

147.462     Limits on expenditures from fund

 

147.465     Grantmaking; rules

 

147.468     Authority of Department of Justice

 

147.471     Advisory council

 

COMPENSATION OF CRIME VICTIMS

 

(General Provisions)

 

      147.005 Definitions. As used in ORS 135.905 and 147.005 to 147.367 unless the context requires otherwise:

      (1) “Applicant” means:

      (a) Any victim of a compensable crime who applies to the Department of Justice for compensation under ORS 135.905 and 147.005 to 147.367;

      (b) Any person who was a dependent of a deceased victim at the time of the death of that victim;

      (c) Any person who is a survivor of a deceased victim; or

      (d) Any person eligible for compensation under ORS 147.025.

      (2) “Board” means the Workers’ Compensation Board.

      (3) “Child” means an unmarried person who is under 18 years of age and includes a posthumous child, stepchild or an adopted child.

      (4) “Compensable crime” means abuse of corpse in any degree or an intentional, knowing or reckless act that results in serious bodily injury or death of another person and which, if committed by a person of full legal capacity, would be punishable as a crime in this state.

      (5) “Dependent” means such relatives of a deceased victim who wholly or partially were dependent upon the victim’s income at the time of death or would have been so dependent but for the victim’s incapacity due to the injury from which the death resulted.

      (6) “Department” means the Department of Justice.

      (7) “Funeral expenses” means expenses of the funeral, burial, cremation or other chosen method of interment, including plot or tomb and other necessary incidents to the disposition of the remains and also including, in the case of abuse of corpse in any degree, reinterment.

      (8) “Injury” means abuse of a corpse or actual bodily harm and, with respect to a victim, includes pregnancy and mental or nervous shock.

      (9) “International terrorism” means activities that:

      (a) Involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or any state or that would be a criminal violation if committed within the jurisdiction of the United States or of any state;

      (b) Appear to be intended to:

      (A) Intimidate or coerce a civilian population;

      (B) Influence the policy of a government by intimidation or coercion; or

      (C) Affect the conduct of a government by assassination or kidnapping; and

      (c) Occur primarily outside the territorial jurisdiction of the United States or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum.

      (10) “Law enforcement official” means a sheriff, constable, marshal, municipal police officer or member of the Oregon State Police and such other persons as may be designated by law as a peace officer.

      (11) “Relative” means a person related to the victim within the third degree as determined by the common law, a spouse, or an individual related to the spouse within the third degree as so determined and includes an individual in an adoptive relationship.

      (12) “Survivor” means any spouse, parent, grandparent, guardian, sibling, child or other immediate family member or household member of a deceased victim.

      (13) “Victim” means:

      (a) A person:

      (A) Killed or injured in this state as a result of a compensable crime perpetrated or attempted against that person;

      (B) Killed or injured in this state while attempting to assist a person against whom a compensable crime is being perpetrated or attempted, if that attempt of assistance would be expected of a reasonable person under the circumstances;

      (C) Killed or injured in this state while assisting a law enforcement official to apprehend a person who has perpetrated a crime or to prevent the perpetration of any such crime, if that assistance was in response to the express request of the law enforcement official;

      (D) Killed or injured in another state as a result of a criminal episode that began in this state;

      (E) Who is an Oregon resident killed or injured as a result of a compensable crime perpetrated or attempted against the person in a state, within the United States, without a reciprocal crime victims’ compensation program; or

      (F) Who is an Oregon resident killed or injured by an act of international terrorism committed outside the United States; or

      (b) In the case of abuse of corpse in any degree, the corpse or a relative of the corpse. [1977 c.376 §1; 1985 c.552 §4; 1987 c.770 §1; 1989 c.542 §1; 1993 c.294 §7; 1997 c.289 §1; 2003 c.351 §1]

 

      147.010 [Amended by 1973 c.32 §1; renumbered 133.743]

 

      147.015 Eligibility for compensation; generally. A person is eligible for an award of compensation under ORS 135.905 and 147.005 to 147.367 if:

      (1) The person is a victim, or is a survivor or dependent of a deceased victim of a compensable crime that has resulted in or may result in a compensable loss;

      (2) The appropriate law enforcement officials were notified of the perpetration of the crime allegedly causing the death or injury to the victim within 72 hours after its perpetration, unless the Department of Justice finds good cause exists for the failure of notification;

      (3) The applicant has cooperated fully with law enforcement officials in the apprehension and prosecution of the assailant or the department has found that the applicant’s failure to cooperate was for good cause;

      (4) The application for compensation is not the result of collusion between the applicant and the assailant of the victim;

      (5) The death or injury to the victim was not substantially attributable to the wrongful act of the victim or substantial provocation of the assailant of the victim; and

      (6) The application for an award of compensation under ORS 135.905 and 147.005 to 147.367 is filed with the department:

      (a) Within six months of the date of the injury to the victim; or

      (b) Within such further extension of time as the department for good cause shown, allows. [1977 c.376 §3; 1987 c.770 §2; 1989 c.542 §2; 1991 c.862 §2; 1997 c.288 §1]

 

      147.020 [Renumbered 133.747]

 

      147.025 Eligibility of person not victim or dependent of deceased victim. (1) Notwithstanding that a person is not a victim or a dependent of a deceased victim under ORS 147.015 (1), the person is eligible for compensation for reasonable medical expenses for the victim and for reasonable funeral expenses of the deceased victim if the person:

      (a) Paid or incurred such expenses; and

      (b) Files a claim in the manner provided in ORS 147.105 and the conditions in ORS 147.015 (2) to (6) are met.

      (2) Notwithstanding that a person is not a survivor or dependent of a deceased victim under ORS 147.015 (1), the person is eligible for compensation for reasonable counseling expenses up to a maximum amount of $500 if the person:

      (a) Paid or incurred such expenses;

      (b) Was a friend or acquaintance of the victim;

      (c) Was the first person to discover the corpse of the victim; and

      (d) Files a claim in the manner provided in ORS 147.105 and the conditions in ORS 147.015 (2) to (6) are met.

      (3) The Department of Justice may pay directly to the provider of the services compensation for medical, funeral or counseling expenses incurred by the person. [1977 c.376 §4; 1987 c.770 §3; 2003 c.353 §1]

 

      147.030 [Renumbered 133.753]

 

      147.035 Amounts and types of losses compensable; rules. (1) Losses compensable under ORS 135.905 and 147.005 to 147.367 resulting from death or injury to a victim include:

      (a) In the case of injury:

      (A) Reasonable medical and hospital expenses, including psychiatric, psychological or counseling expenses and further including, in cases of:

      (i) Child sexual abuse, rape of a child and exploitation described in ORS 419B.005 (1)(a)(C), (D) or (E), counseling expenses of the victim’s family up to a maximum amount of $20,000;

      (ii) Domestic violence, as defined in ORS 135.230, counseling expenses of children who witnessed the domestic violence up to a maximum amount of $10,000; or

      (iii) International terrorism, counseling expenses of a relative of the victim up to a maximum amount of $1,000;

      (B) Loss of earnings, not exceeding $400 per week up to a maximum amount of $20,000;

      (C) Rehabilitation up to a maximum amount of $4,000; and

      (D) Transportation for medical care and mental health counseling when the treatment is compensable under this section, the treatment is provided more than 30 miles away from the victim’s residence and adequate treatment is not available closer to the victim’s residence. Payment will be made at a rate set by the Department of Justice up to a maximum amount of $3,000.

      (b) In the case of death:

      (A) Reasonable funeral expenses up to a maximum amount of $5,000;

      (B) Reasonable medical and hospital expenses up to a maximum amount of $20,000;

      (C) Loss of support to the dependents of the victim not exceeding $400 per week up to a maximum amount of $20,000, less any amounts paid for loss of earnings;

      (D) Reasonable counseling expenses for the survivors of a deceased victim up to a maximum amount of $20,000 for each deceased victim; and

      (E) Transportation for mental health counseling when the treatment is compensable under this section, the treatment is provided more than 30 miles away from the survivor’s or dependent’s residence and adequate treatment is not available closer to the survivor’s or dependent’s residence. Payment will be made at a rate set by the Department of Justice up to a maximum amount of $3,000.

      (2) Compensable losses do not include:

      (a) Pain and suffering or property damage; or

      (b) Aggregate damages to the victim and to the dependents of a victim exceeding $44,000.

      (3) Notwithstanding subsections (1) and (2) of this section, in the case of abuse of corpse in any degree, losses compensable under ORS 135.905 and 147.005 to 147.367 resulting from the abuse of the corpse include:

      (a) Reasonable funeral expenses up to a maximum amount of $5,000; and

      (b) Reasonable counseling expenses for emotional distress up to a maximum amount of $5,000 for each incident.

      (4) Except as provided in subsection (5) of this section, a claim for benefits expires and no further payments may be made with regard to the claim when three years have elapsed since the entry of a determination order under ORS 147.135 or when the victim, survivor or dependent attains 21 years of age, whichever comes later. The extension of benefits and payments until the victim, survivor or dependent attains 21 years of age applies to claims filed on or after August 4, 1991.

      (5) If the victim has suffered catastrophic injuries, a claim for benefits and payments may continue beyond the period described in subsection (4) of this section. The Department of Justice shall adopt rules defining catastrophic injuries and establishing the length of time that a claim for benefits and payments may continue.

      (6) The department shall adopt rules for medical fee schedules. The schedules shall represent at least the 75th percentile of the usual and customary fees charged to the public as determined by the department. An applicant or victim may not be charged for the percentile amount reduced by the department. [1977 c.376 §5; 1987 c.770 §4; 1989 c.542 §3; 1991 c.603 §2; 1991 c.862 §3; 1993 c.294 §8; 1993 c.546 §100; 1993 c.622 §3; 1997 c.549 §1; 1997 c.723 §1; 1997 c.749 §2; 1997 c.873 §31; 1999 c.922 §1; 2001 c.383 §1; 2003 c.349 §1]

 

      147.040 [Renumbered 133.757]

 

      147.045 Notification of district attorney upon filing of compensation claim; deferral of compensation proceedings; emergency awards. (1) Upon filing of a claim pursuant to ORS 135.905 and 147.005 to 147.367, the Department of Justice shall promptly notify the district attorney of the county wherein the crime is alleged to have occurred. If, within 10 days after such notification, the district attorney advises the department that a criminal prosecution is pending upon the same alleged crime and requests that action by the department be deferred, the department shall defer all proceedings under ORS 135.905 and 147.005 to 147.367 until such time as such criminal prosecution has been concluded and shall so notify the district attorney and the applicant. When such criminal prosecution has been concluded, the district attorney shall promptly so notify the department.

      (2) Nothing in this section shall limit the authority of the department to grant emergency awards pursuant to ORS 147.055. [1977 c.376 §6]

 

      147.050 [Renumbered 133.763]

 

      147.055 Emergency awards; amount; effect on final award. (1) Notwithstanding the provisions of ORS 147.045 (1), the Department of Justice may make an emergency award to the applicant pending a final decision in the claim, if it appears to the department, prior to taking action upon the claim that:

      (a) The claim is one with respect to which an award probably will be made; and

      (b) Undue hardship will result to the applicant if immediate payment is not made.

      (2)(a) The amount of such emergency award shall not exceed $1,000.

      (b) The amount of such emergency award shall be deducted from any final award made as a result of the claim.

      (c) The excess of the amount of such emergency award over the amount of the final award, or the full amount of the emergency award if no final award is made, shall be repaid by the recipient to the department. [1977 c.376 §7]

 

      147.060 [Renumbered 133.767]

 

      147.065 Limitation on time for commencing action for compensable crime. Notwithstanding ORS 12.110 the victim of any compensable crime as defined in ORS 147.005 or the victim’s representative may bring an action at any time within the five-year period after the commission of the compensable crime. [1985 c.552 §5]

 

      Note: 147.065 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 147 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      147.070 [Renumbered 133.773]

 

      147.080 [Renumbered 133.777]

 

      147.090 [Renumbered 133.783]

 

      147.100 [Renumbered 133.787]

 

(Compensation Procedure)

 

      147.105 Application for compensation; contents; additional information or materials; amended applications; effect of criminal conviction of applicant. (1) An applicant for compensation under ORS 135.905 and 147.005 to 147.367 must file an application under oath on a form furnished by the Department of Justice. The application shall include:

      (a) The name and address of the victim;

      (b) If the victim is deceased, the name and address of the applicant and relationship to the victim, the names and addresses of the victim’s dependents and the extent to which each is so dependent;

      (c) The date and nature of the crime or attempted crime on which the application for compensation is based;

      (d) The date and place where, and the law enforcement officials to whom, notification of the crime was given;

      (e) The nature and extent of the injuries sustained by the victim, the names and addresses of those giving medical and hospital treatment to the victim and whether death resulted;

      (f) The loss to the applicant and to such other persons as are specified under paragraph (b) of this subsection, resulting from the injury or death;

      (g) The amount of benefits, payments or awards, if any, payable from any source, which the applicant or other person, listed under paragraph (b) of this subsection, has received or for which the applicant or other person is eligible as a result of the injury or death;

      (h) Releases authorizing the surrender to the department of reports, documents and other information relating to the matters specified under this subsection; and

      (i) Such other information as the department determines is necessary.

      (2) The department may require that the applicants submit with the application materials substantiating the facts stated in the application.

      (3) If the department finds that an application does not contain the required information or that the facts stated therein have not been substantiated, it shall notify the applicant in writing of the specific additional items of information or materials required and that the applicant has 30 days from the date of mailing in which to furnish those items to the department. Unless an applicant requests and is granted an extension of time by the department, the department shall reject with prejudice the claim of the applicant for failure to file the additional information or materials within the specified time.

      (4) An applicant may file an amended application or additional substantiating materials to correct inadvertent errors or omissions at any time before the department has completed its consideration of the original application.

      (5) The filing of additional information or the amendment of the application pursuant to subsection (3) or (4) of this section shall be considered for the purposes of ORS 135.905 and 147.005 to 147.367 to have been filed at the same time as the original application.

      (6) Unless the department finds good cause exists for the applicant’s failure to satisfy a financial obligation or unless the interest of justice requires otherwise, the department shall not process an application filed by or on behalf of a victim who owes a financial obligation ordered or imposed as a result of a previous criminal conviction until the department receives information or materials establishing to the satisfaction of the department that the financial obligation has been satisfied. If the department does not receive the information or materials within one year after the department notifies the applicant of the need to fulfill this requirement, the application is void.

      (7)(a) If at the time of application, the applicant is incarcerated as a result of a conviction of a crime, the application shall be refused and returned to the applicant. The applicant is eligible to refile the application within six months after the applicant is released from incarceration.

      (b) At the time the application is refused and returned, the department shall notify the applicant of the right to refile the claim within six months of release from incarceration. [1977 c.376 §8; 1991 c.603 §1; 1991 c.862 §5; 1993 c.18 §24]

 

      147.110 [Amended by 1973 c.836 §123; renumbered 133.793]

 

      147.115 Confidentiality of application information; board proceedings; use of record; witnesses before board. (1) All information submitted to the Department of Justice by an applicant and all hearings of the Workers’ Compensation Board under ORS 135.905 and 147.005 to 147.367 shall be open to the public unless the department or board determines that the information shall be kept confidential or that a closed hearing shall be held because:

      (a) The alleged assailant has not been brought to trial and disclosure of the information or a public hearing would adversely affect either the apprehension or the trial of the alleged assailant;

      (b) The offense allegedly perpetrated against the victim is rape, sodomy or sexual abuse and the interests of the victim or of the victim’s dependents require that the information be kept confidential or that the public be excluded from the hearing;

      (c) The victim or alleged assailant is a minor; or

      (d) The interests of justice would be frustrated rather than furthered, if the information were disclosed or if the hearing were open to the public.

      (2)(a) A record shall be kept of the proceedings held before the board and shall include the board’s findings of fact and conclusions concerning the amount of compensation, if any, to which the applicant and the dependents of a deceased victim are entitled.

      (b) No part of the record of any proceedings before the board may be used for any purpose in a criminal proceeding except in the prosecution of a person alleged to have committed perjury in testimony before the board.

      (c) Where the interests of justice require, the board may refuse to disclose to the public the names of victims or other material in the record by which the identity of the victim could be discovered.

      (3) Notwithstanding subsection (2)(b) and (c) of this section, the record of the proceedings held before the board is a public record. However, any record or report obtained by the board, the confidentiality of which is protected by any other law, shall remain confidential subject to such law.

      (4) Witnesses required to appear at any proceeding before the board shall receive such fees and mileage allowance as are provided for witnesses in ORS 44.415 (2). [1977 c.376 §9; 1989 c.980 §7a]

 

      147.120 [Renumbered 133.797]

 

      147.125 Determining amount of compensation; deduction of other benefits. (1) In determining the amount of compensation for which an applicant is eligible, the Department of Justice shall consider the facts stated on the application filed pursuant to ORS 147.105, and:

      (a) Need not consider whether or not the alleged assailant has been apprehended or brought to trial or the result of any criminal proceedings against that person;

      (b) Shall determine the amount of the loss to the applicant and, in the case of a deceased victim, of the victim’s survivors or dependents as determined under ORS 147.035;

      (c) Shall determine the degree or extent to which the victim’s acts or conduct contributed to the injuries or death of the victim, and may reduce or deny the award of compensation accordingly. However, the department may disregard for this purpose the responsibility of the victim for the injury of the victim where the record shows that such responsibility was attributable to efforts by the victim to prevent a crime or an attempted crime from occurring in the presence of the victim or to apprehend a person who had committed a crime in the presence of the victim;

      (d) Except as provided in paragraph (e) of this subsection, shall deduct the amount of benefits, payments or awards that are payable under the Workers’ Compensation Law, from local governmental, state or federal funds or from any source, and that the victim or survivors or dependents of the victim have received or to which the victim or survivors or dependents of the victim are entitled as a result of the death or injury of the victim;

      (e) Shall not deduct the amount of proceeds from life insurance or contributions from the community that the survivors or dependents of the victim have received or to which the survivors or dependents of the victim are entitled as a result of the death of the victim;

      (f) Shall consider the amount of money available for victim compensation awards as provided in the current biennial department budget approved by the Legislative Assembly or the Emergency Board, and the anticipated claims against that money; and

      (g) Shall award the resultant amount to the applicant as provided in ORS 147.165.

      (2) In determining the amount of an award to be made to an applicant, the department may consider the number and type of claims filed and anticipated to be filed with the department during the current biennial budget period. If the department determines that insufficient funds will be available during the current biennial budget period to pay all filed and anticipated awards, it may prioritize claims or prorate awards based upon the anticipated available funds. The department’s decision to prioritize or prorate claims or awards is not subject to administrative or judicial review, including review under ORS 147.155. [1977 c.376 §10; 1987 c.770 §5; 1989 c.542 §4; 1991 c.862 §6; 1999 c.128 §1; 2001 c.372 §1]

 

      147.130 [Renumbered 133.803]

 

      147.135 Processing compensation application; order; contents. After processing the application filed under ORS 147.105 the Department of Justice shall enter an order stating:

      (1) Its findings of fact; and

      (2) Its decision as to whether or not compensation is due under ORS 135.905 and 147.005 to 147.367. [1977 c.376 §14; 1999 c.129 §1]

 

      147.140 [Renumbered 133.805]

 

      147.145 Review of order; reconsideration; notice to applicant. If the applicant disagrees with the order entered under ORS 147.135, the applicant may request review by the Department of Justice. The department shall reconsider any order for which a request for review is received. The department shall notify the applicant of its decision on review within 30 days of the department’s receipt of the request for review. [1977 c.376 §15]

 

      147.150 [Amended by 1963 c.550 §1; 1973 c.836 §124; renumbered 133.807]

 

      147.155 Appeal to Workers’ Compensation Board; hearing; record; evidence considered; board determination not subject to further review. (1) Any applicant who requests review by the Department of Justice under ORS 147.145 and who disagrees with the decision of the department on review may appeal to the Workers’ Compensation Board.

      (2) The request for hearing shall be in writing. The request shall include the applicant’s address, shall be signed by the applicant and shall be mailed to the board.

      (3) The board shall conduct a hearing upon at least 10 days’ notice by mail to all interested persons.

      (4) A record of all proceedings at the hearing shall be kept but need not be transcribed.

      (5) The board is not bound by rules of evidence or by technical or formal rules of procedure, and may conduct the hearing in any manner that will achieve substantial justice. However, no evidence is admissible at a hearing that has not previously been considered by the department. The decision by the board shall be final and shall not be subject to further administrative or judicial review. [1977 c.376 §15a]

 

      147.160 [Amended by 1973 c.836 §125; renumbered 133.809]

 

      147.165 Payment of awards; awards to minors and incompetents. (1) The award made under ORS 135.905 and 147.005 to 147.367 shall be paid in a manner determined by the Department of Justice. Payment for medical, hospital and funeral expenses may be made directly to the service providers.

      (2) Where a person eligible to receive an award under ORS 135.905 and 147.005 to 147.367 is a person under the age of 18 years or an incompetent, the award may be paid to a relative, guardian or attorney of such person on behalf of and for the benefit of such person. In such case the payee shall:

      (a) File an annual accounting of the award with the department; and

      (b) Take such other action as the department shall determine is necessary and appropriate for the benefit of the beneficiary of the award.

      (3) A person who is incarcerated is not eligible for payments for loss of earnings for the period of incarceration.

      (4) Payment of claims is subject to availability of funds for victim compensation awards as provided in the department budget approved by the Legislative Assembly or the Emergency Board. [1977 c.376 §16; 1987 c.770 §6; 1991 c.862 §7]

 

      147.170 [Amended by 1973 c.836 §126; renumbered 133.813]

 

      147.180 [Amended by 1973 c.836 §127; renumbered 133.815]

 

      147.190 [Renumbered 133.817]

 

      147.200 [Renumbered 133.823]

 

(Administrative Provisions)

 

      147.205 Authority of Department of Justice; assistance from other agencies; rules; examination of victims; reports to Governor and Legislative Assembly. (1) To carry out the provisions and purposes of ORS 135.905 and 147.005 to 147.367, the Department of Justice has the power and duty to:

      (a) Appoint such employees and agents as it determines are necessary, fix their compensation within the limitations provided by law, and prescribe their duties.

      (b) Request and obtain from law enforcement agencies, district attorneys, county juvenile departments, the Department of Human Services, the Oregon Youth Authority and the Department of Corrections such assistance and information as will enable the Department of Justice to carry out its functions and duties under ORS 147.005 to 147.367. The Department of Justice may obtain assistance and information under this paragraph, notwithstanding any other law relating to the confidentiality or disclosure of records. The Department of Justice:

      (A) Shall maintain the confidentiality of any privileged or confidential information or records obtained under this paragraph;

      (B) May use the information or records only for the purposes authorized by ORS 147.005 to 147.367; and

      (C) May not disclose the contents of any privileged or confidential records to any other person or entity.

      (c) Adopt rules pursuant to ORS chapter 183.

      (d) Direct medical examination of victims.

      (e) Determine all claims for awards filed with the department pursuant to ORS 135.905 and 147.005 to 147.367, and to reinvestigate or reopen cases as the department deems necessary.

      (f) Report biennially to the Governor and to the Legislative Assembly on its activities.

      (2) Notwithstanding any other law relating to the confidentiality or disclosure of records, when a crime victim applies for compensation under ORS 147.005 to 147.367, a person that provides medical services or supplies or pays the costs of medical services or supplies provided to the crime victim shall provide to the Department of Justice any individually identifiable health information the person has in the person’s possession about the crime victim if:

      (a) The department requests the information; and

      (b) A release authorizing the surrender has been completed under ORS 147.105 (1)(h).

      (3) As used in subsection (2) of this section:

      (a) “Pays” includes, but is not limited to, payments made directly or indirectly through settlements, judgments, insurance, Medicaid, other compensation or restitution.

      (b) “Person” includes, but is not limited to, health care providers and their agents, insurers and their agents, employers and public bodies as defined in ORS 174.109. [1977 c.376 §12; 1987 c.770 §7; 1997 c.396 §1; 2003 c.351 §2]

 

      147.210 [Renumbered 133.825]

 

      147.215 Attorney General as legal adviser to department; assistance by governmental agencies. (1) The Attorney General shall serve as legal adviser to the Department of Justice for all matters arising under ORS 135.905 and 147.005 to 147.367.

      (2) Law enforcement officials and other agencies of the state or local governmental units are authorized to give and shall provide any assistance or information requested by the department under ORS 147.205 (1)(b). [1977 c.376 §13; 2003 c.351 §3]

 

      147.220 [Amended by 1961 c.389 §4; renumbered 133.827]

 

      147.225 Criminal Injuries Compensation Account. There is established the Criminal Injuries Compensation Account. All moneys in the account are continuously appropriated