Ala. Admin. Code r. 262-X-4-.04

Current through Register Vol. 43, No. 02, November 27, 2024

Section 262-X-4-.04 - Compensation Awards - Amounts And Methods Of Payment

(1) Compensation payable to a victim or claimant sustaining economic loss due to injury or death may not exceed a total of fifteen thousand dollars ($15,000.00).

(2) Compensation for lost wages may not exceed four hundred ($400.00) dollars per week.

(3) The Commission may provide for the payment to a claimant in a lump sum or installments. Outstanding eligible expenses will be paid directly to the service provider. Compensation payable to service providers for medical treatment may be compensated at a reduced rate. Outstanding charges for medical treatment, excluding psychiatric care, counseling, and dental treatment, may be compensated at a reduced rate of thirty percent (30%) of eligible charges up to a maximum amount of six thousand dollars ($6,000). When the claimant has already paid out-of-pocket for medical treatment and services, the claimant may be fully reimbursed for all eligible expenses not to exceed $15,000.

(4) Future Economic Loss.

(a) Future economic loss is limited to $400.00 per week for a maximum of 26 weeks. Future economic loss may be awarded if the victim was employed at the time of his/her victimization and the employment is verifiable.

(b) If the deceased victim leaves a dependent spouse and no dependent children, the total amount of the future economic loss may be paid to the dependent spouse.

(c) If the deceased victim leaves a dependent spouse and a dependent child or dependent children and the dependent spouse is the parent of all the victim's dependent children, then the total amount of the future economic loss may be paid to the dependent spouse for the benefit of himself/herself and the dependent child or dependent children.

(d) If the deceased victim does not leave a dependent spouse, but leaves dependent children, funeral/burial expenses may be paid prior to the payment of future economic loss for a dependent child or dependent children. After the payment of funeral/burial expenses, twenty-five percent (25%) of the remaining compensation benefits may be used for the compensation of the claimant's eligible expenses. The remaining compensation benefits will be apportioned equally among the dependent children for whom a request for future economic loss is made within the one-year filing deadline. Dependent children who request future economic loss after the one-year filing deadline may not receive compensation benefits. If there are compensation funds remaining after the one-year filing deadline, they may be equally apportioned and distributed to the deceased victim's dependent children who made a request for future economic loss prior to the expiration of the one-year filing deadline.

(e) If the deceased victim leaves a dependent spouse and a dependent child or dependent children for whom the parent or legal guardian is someone other than the dependent spouse, funeral/burial expenses may be paid prior to the payment of future economic loss for a dependent child or dependent children. After the payment of funeral/burial expenses, fifty percent (50%) of the remaining compensation benefits may be used for the compensation of the dependent spouse's eligible expenses. The remaining compensation benefits will be apportioned equally among the dependent children for whom a request for future economic loss is made within the one-year filing deadline. Dependent children who request future economic loss after the one-year filing deadline may not receive compensation benefits.

(f) Legal proof that the dependent spouse was married to the deceased victim at the time of the victim's death will be requested. Legal proof that a dependent child was the legal child of the deceased victim will be requested. For example: marriage certificate, birth certificate, or court order.

1. A claimant that asserts a common-1aw marriage with a deceased crime victim must provide proof of the marriage by submitting one of the following:

(i) an official Internal Revenue Service tax transcript indicating the claimant and deceased victim filed as married; or

(ii) affidavits from three blood relatives within the second degree of consanguinity of the deceased crime victim swearing that the claimant and the deceased crime victim presented themselves as married to each other. If the deceased crime victim does not have three blood relatives within the second degree of consanguinity, the claimant may submit an affidavit or affidavits from blood relatives within the third degree of consanguinity. If the deceased crime victim does not have three blood relatives within the third degree of consanguinity, the claimant may submit an affidavit or affidavits from blood relatives within the fourth degree of consanguinity. Birth certificates must be submitted to prove the relationship of the affiant to the deceased crime victim.

(I) First-degree relatives include a crime victim's parents and children.

(II) Second-degree relatives include a crime victim's siblings and half-siblings.

(III) Third-degree relatives include a crime victim's nieces, nephews, aunts, and uncles.

(IV) Fourth-degree relatives include a crime victim's first cousins, great aunts, great uncles, grandnieces and grandnephews.

(g) All awards for future economic loss shall be diminished or denied to the extent that the future economic loss is recouped from a collateral source.

(h) At the discretion of the Commission, future economic loss may be paid in a lump sum, but only upon a finding that the lump sum award will promote the best interest of the claimant.

(i) When the Commission determines that compensation for future economic loss will be paid in installments, payments may be made in quarterly installments of $2,500 over a period of one year or until the total compensation award for future economic loss is paid to the recipient(s). The one-year period for the purpose of installment payments will begin the day the compensation award is approved. An award payable in installments for future economic loss may be modified by the Commission upon its findings that a material and substantial change of circumstances has occurred.

(5) No more than five thousand dollars ($5,000.00) may be paid for expenses related to funeral, cremation, or burial. For incidents of criminally injurious conduct occurring on or after October 1, 2014 through July 8, 2020, no more than seven thousand dollars ($7,000.00) may be paid for expenses related to funeral, cremation, or burial. For incidents of criminally injurious conduct occurring on or after July 9, 2020, no more than five thousand dollars ($5,000.00) may be paid for expenses related to funeral, cremation, or burial. Food expenses shall not be considered expenses related to funeral, cremation, or burial.

(a) The following payment limitations for funeral, cremation, and burial expenses apply:

1. $1,000 maximum award for victim's headstone;

2. $250 maximum award for funeral flowers;

3. $200 maximum award for burial clothes for the victim.

(6) Approved claims will be paid in the order of their approval by the Commission as funds become available.

(7) Payments may be made in lump sums or in installments.

(8) Lost wages shall be verified by obtaining written documentation from the employer or by submission of a W-2 tax document. A tax transcript from the IRS is required if the person seeking reimbursement of his/her lost wages is self-employed.

(9) The claimant may, with the Commission's approval, also elect to be paid for lost wages, future economic losses, replacement services loss, etc., before the service providers are paid.

(10) Annual leave, sick leave, personal leave or holidays shall not be considered a collateral source and may be reimbursed by the Commission.

(11) Lost wages

(a) The victim's work loss caused by the crime may be considered for reimbursement.

(b) The claimant or immediate family member may apply for his/ her lost wages if the he/she took time off from work to care for the victim if the victim was a minor or a medical professional provides written confirmation that the care was recommended.

(c) If the victim died as a result of the crime, the victim's dependent spouse and dependent children may apply for future economic loss.

(d) Anticipated work may be considered for compensation when accompanied by documentation certifying a definite start date.

(e) The victim's, claimant's, and immediate family member's lost wages may be awarded for work loss due to receiving medical treatment as a result of the crime; mental health treatment as a result of the crime; attendance of grand jury proceedings for three days if not subpoenaed; attendance of grand jury proceedings for as many days as required by subpoena, attendance of the offender's preliminary hearing, arraignment, bond hearing, a hearing on any pretrial motion, trial, or any post judgment proceeding; and the offender's parole hearing.

(f) Proper documentation is required for consideration of all lost wages requests, including, when applicable: confirmation of court attendance; a parole notification letter; employer's confirmation of work loss; a self-employment affidavit; or a written excuse from a licensed medical professional or licensed mental health provider.

(12) Lost Wages Payment Limitations.

(a) For incidents of criminally injurious conduct occurring on or after October 1, 2014 through July 8, 2020, lost wages are limited to $600.00 per week for a maximum of 52 weeks. For incidents of criminally injurious conduct occurring on or after October 1, 2014 through July 8, 2020, the maximum award for lost wages is $20,000. For incidents of criminally injurious conduct occurring on or after July 9, 2020, lost wages are limited to $400.00 per week for a maximum of 26 weeks.

(b) Life insurance shall be considered a collateral source for all claims. If life insurance does not fully compensate the deceased victim's dependents for the eligible expenses they incurred as a result of the victimization, the remaining eligible expenses may be eligible for compensation.

(13) Collateral Source.

(a) Life insurance shall be considered a collateral source for compensation.

(b) When determining if a collateral source has fully compensated a victim or a deceased victim's dependent, a one-year period of a victim's lost wages or other income will be used for calculation of the collateral source offset.

(c) Charitable donations shall not be considered a collateral source for compensation. If an eligible expense has been paid with charitable donations, the Commission will not reimburse the expense. The Commission only provides compensation benefits for payment or reimbursement of actual expenses.

(14) Moving and Temporary Relocation Expenses

(a) The Commission may award moving expenses in cases in which the crime occurred in the victim's home, the victim has a reasonable fear for his/her life if he/she does not move from the home, or moving the victim's personal belongings is necessary. Written estimates and/or receipts are required for payment of moving expenses.

(b) The Commission may award temporary relocation expenses when the victim's home has been temporarily made uninhabitable as a direct result of the crime. Claimants/victims who qualify for temporary relocation expenses may receive per diem at a rate of $1050. If the size of the claimant's/victim's family necessitates the rental of two hotel rooms or larger accommodations, the Commission may consider awarding more than per diem for the temporary relocation expense. A copy of the hotel bill, credit card receipt, or other verifiable document is required for verification.

(c) Moving and temporary relocation expenses may not exceed a combined total of $1,000.

(15) Travel Expenses.

(a) The maximum award for travel expenses is $3,000. Airline tickets or mileage at the Internal Revenue Service's standard mileage rate and a $100 per diem rate and lost wages may be provided for eligible travel expenses. Hotel receipts must be supplied in order to award $100 per diem. Airfare will be reimbursed at coach rate only. Travel expenses for the victim, immediate family member(s), or person(s) of the victim's choosing, may be awarded to attend grand jury proceedings for three days if not subpoenaed, grand jury proceedings for as many days as required by subpoena, the offender's preliminary hearing, arraignment, bond hearing, a hearing on any pretrial motion, trial, or any post judgment proceeding. When the victim is deceased, travel may be awarded to immediate family members. Travel may be allowed for immediate family members to travel attend the offender's trial or any post judgment proceeding. When the prosecutor's office or any other entity pays for all or part of the victim's or immediate family member's travel expenses, that amount shall be deducted from the compensation award for travel expenses. Travel may be allowed for medical and psychological treatment that is needed as a result of the victimization. Travel required to procure needed services may be considered for the victim, claimant, and immediate family members.

(b) Travel expenses and lost wages for the victim, immediate family member(s), or person(s) of the victim's choosing, may be awarded for attendance of the offender's parole hearing. When the victim is deceased, travel expenses and lost wages may be awarded to immediate family members or victim representatives. Eligible parole travel expenses shall be reimbursed at the current Internal Revenue Service's standard mileage rate, coach rate for airfare, and per diem at a rate of $100. These requests will only be considered as a supplemental to an original claim. (There must be a timely, approved compensation claim in order for parole travel expenses to be considered. The Commission will not consider parole travel expenses filed as an original claim.) 262-X-4-.04(15)(b) shall be retroactive to the date of the Commission's inception.

(c) Travel expenses for immediate family members to travel out of town to attend the victim's funeral may be considered for reimbursement. The Commission may award up to seven days of per diem for funeral travel. Eligible funeral travel expenses may be reimbursed at the Internal Revenue Service's standard mileage rate, coach rate for airfare, and per diem at a rate of $100.

(d) To qualify for reimbursement for mileage, the destination must be greater than ten miles from the home (or travel starting point) of the person requesting compensation.

(e) Rental Cars. When the person requesting compensation has rented an automobile for eligible travel expenses, the person may be reimbursed for mileage or a daily rental car fee of $35. Under no circumstances shall the requesting person receive both. Mileage will be reimbursed at the current Internal Revenue Service's standard mileage rate.

(16) The Commission does not provide property reimbursement or replacement.

1. Security enhancement. Windows and locks for real property owned by the claimant/victim; and windows and locks for rental property leased by the claimant/victim when the claimant/ victim is financially responsible for repair(s) to the leased property.

2. Prescription eyeglasses. The maximum award for damaged prescription eyeglasses is $350. A receipt/estimate must be provided for the eyeglasses.

(17) Exclusion from Payment. The following expenses shall not be eligible for compensation:

(a) Any expense related to the prosecution of the criminal case. (Examples: expert testimony and witnesses; DNA testing and analysis; evidence photographs and videos; blood samples and travel expenses for witnesses subpoenaed to testify.)

(b) All legal fees shall be excluded from payment except legal fees incurred to establish a legal guardian for the victim as defined by Alabama Administrative Code (ACVCC) 262-X-4-.04(22).

(18) Replacement services loss may not exceed four hundred ($400.00) dollars per week. For incidents of criminally injurious conduct occurring on or after October 1, 2014 through July 8, 2020, compensation for replacement services loss may not exceed six hundred ($600.00) dollars per week. For incidents of criminally injurious conduct occurring on or after October 1, 2014 through July 8, 2020, replacement services loss is limited to a maximum of 52 weeks. For incidents of criminally injurious conduct occurring on or after July 9, 2020, replacement services loss may not exceed two hundred ($200.00) dollars per week for a maximum of 26 weeks.

(19) Supplemental awards: The expenses submitted in the supplemental claim must be related to the original injury and must be supported by documentation.

(20) Checks issued by the ACVCC may contain the following language: "Cashing this check constitutes payment in full." This shall not be construed to apply to future compensation benefits for which the victim/claimant may be eligible. It shall be the responsibility of the victim/claimant to assert this defense in any type of collection proceeding against him/her. If the service provider refuses the check, the compensation shall be paid directly to the victim/claimant.

(21) When a victim/claimant is approved for charity by a service provider, the charity approval shall be considered a collateral source and compensation shall not be paid to the service provider.

(22) When the claimant must seek legal guardianship of a minor and/or disabled victim in order to qualify for crime victims' compensation benefits, the Commission may consider reimbursement of legal fees incurred for obtaining guardianship. The maximum that may be awarded for legal fees is $1,000. Legal fees incurred for any reason other than obtaining guardianship shall not be eligible for reimbursement. The Commission shall not reimburse legal fees if the claimant is not granted guardianship of the victim.

(23) Bereavement Leave. Bereavement leave may only be granted to the victim's immediate family members. A victim's immediate family member may be granted compensation for a maximum of four weeks of lost wages without a doctor's excuse. A doctor's excuse must be provided for lost wages in excess of four weeks to be considered for reimbursement. Employer verification is required for all bereavement leave requests.

(24) Crime Scene Clean-Up. The Commission may provide compensation to an individual or to the service provider if the expense is outstanding, for the reasonable costs to clean the scene of the crime in an amount not to exceed $2,500. The service provider must be certified, licensed, and in compliance with all applicable federal and state regulations. Crime scene clean-up expenses may only awarded for the cleaning and removal of biohazards.

(25) Birth Certificates. Reimbursement may be provided for one certified copy of the claimant's and/or victim's birth certificate(s) obtained after the date of the criminally injurious conduct made the basis of the claim. The birth certificate(s) must have been obtained for the purpose of applying for crime victim's compensation benefits.

(26) Government-Issued Photo Identification. Reimbursement may be provided for one state-issued driver's license or one state-issued non-driver's ID obtained after the date of the criminally injurious conduct made the basis of the claim.

(27) Reimbursement may be provided for certified victims human trafficking and all qualified victims of violent crime for the removal/cover-up of tattoos that were physically forced on them by the alleged offender in the incident made the basis of the compensation claim. The Commission shall decide reasonable reimbursement on a case-by-case basis. The provider must be licensed by the appropriate governmental body to perform the service rendered in order to qualify for payment/reimbursement.

(28) Lost Wages for Victims of Sexual Assault. A victim of sexual assault may be granted compensation for maximum of two weeks of lost wages without a doctor's excuse. A doctor's excuse must be provided for lost wages in excess of two weeks to be considered for reimbursement. Employer verification is required for all low wages requests.

(29) Payment to Non-Claimants. A claimant may assign compensation benefits to a person for allowable expense to the extent that the compensation benefits are for the cost of products, services, or accommodations necessitated by the criminally injurious conduct made the basis of the claim. The claimant must submit a completed Permission for Another Individual to Receive Payments on a Limited Basis form in order for payment to be issued to the person who incurred the expense.

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Ala. Admin. Code r. 262-X-4-.04

Filed October 27, 1987. Amended: Filed September 13, 1990; November 25, 1992. Amended: Filed August 18, 1997; effective September 22, 1997. Amended: Filed August 18, 1998; effective September 22, 1998. Amended: Filed May 7, 2003; effective June 11, 2003. Amended: Filed December 1, 2003; effective January 5, 2004. Repealed and New Rule: Filed March 9, 2004; effective April 13, 2004. Amended: Filed February 8, 2005; effective March 15, 2005. Amended: Filed March 8, 2005; effective April 12, 2005. Amended: Filed June 6, 2006; effective July 11, 2006. Amended: Filed July 9, 2007; effective August 13, 2007. Amended: Filed December 6, 2007; effective January 10, 2008. Amended: Filed March 10, 2008; effective April 14, 2008. Amended: Filed April 8, 2008; effective May 13, 2008. Amended: Filed June 6, 2008; effective July 11, 2008. Amended: Filed July 8, 2008; effective August 12, 2008. Amended: Filed August 6, 2008; effective September 10, 2008. Amended: Filed December 9, 2008; effective January 13, 2009. Amended: Filed November 6, 2009; effective December 11, 2009. Amended: Filed January 6, 2010; effective February 10, 2010. Amended: Filed August 10, 2011; effective September 14, 2011. Amended: Filed January 11, 2012; effective February 15, 2012. Amended: Filed June 15, 2012; effective July 20, 2012. Amended: Filed July 9, 2012; effective August 13, 2012. Amended: Filed January 10, 2013; effective February 14, 2013. Amended: Filed July 9, 2013; effective August 13, 2013. Amended: Filed April 7, 2014; effective May 13, 2014.

Amended by Alabama Administrative Monthly Volume XXXII, Issue No. 10, July 31, 2014, eff. 8/12/2014.

Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 01, October 31, 2014, eff. 11/11/2014.

Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 04, January 30, 2015, eff. 2/10/2015.

Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 05, February 27, 2015, eff. 2/10/2015.

Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 08, May 29, 2015, eff. 6/11/2015.

Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 12, September 30, 2015, eff. 10/16/2015.

Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 03, December 30, 2016, eff. 1/21/2017.

Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 10, July 31, 2017, eff. 8/21/2017.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 02, November 30, 2017, eff. 12/24/2017.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 11, August 31, 2018, eff. 9/24/2018.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 12, September 28, 2018, eff. 10/22/2018.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 02, November 30, 2018, eff. 12/21/2018.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 03, December 28, 2018, eff. 1/24/2019.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 05, February 28, 2019, eff. 3/25/2019.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 08, May 31, 2019, eff. 6/22/2019.

Amended by Alabama Administrative Monthly Volume XXXVIII, Issue No. 01, October 31, 2019, eff. 11/14/2019.

Amended by Alabama Administrative Monthly Volume XXXVIII, Issue No. 08, May 29, 2020, eff. 7/13/2020.

Amended by Alabama Administrative Monthly Volume XXXVIII, Issue No. 12, September 30, 2020, eff. 11/14/2020.

Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 08, May 28, 2021, eff. 7/12/2021.

Amended by Alabama Administrative Monthly Volume XLI, Issue No. 12, September 29, 2023, eff. 11/13/2023.

Author: Everette L. Johnson

Statutory Authority:Code of Ala. 1975, §§ 15-23-5(14).