Ariz. Admin. Code § 10-4-106

Current through Register Vol. 30, No. 45, November 8, 2024

Section R10-4-106 - Prerequisites for a Compensation Award

A. The Board shall make a compensation award only if it determines that:

1. Criminally injurious conduct:

a. Occurred in Arizona; or

b. Occurred outside of Arizona in an area without an accessible crime compensation program and affected a resident;

2. The criminally injurious conduct directly resulted in the victim's physical injury, mental distress, medical condition, or death;

3. The victim of the criminally injurious conduct or a person who submits a claim regarding criminally injurious conduct was not:

a. The perpetrator, an accomplice of the perpetrator, or a person who encouraged or in any way participated in or facilitated the criminally injurious conduct that is the subject of the claim;

b. At the time of the criminally injurious conduct that is the subject of the claim:

i. Serving a sentence of imprisonment in any detention facility, home arrest program, or work furlough; or

ii. Incarcerated in any detention facility awaiting criminal sentencing or disposition.

c. At the time of claim submission to the operational unit for a jurisdiction:

i. Escaped from serving a sentence of imprisonment in any detention facility, home arrest program, or work furlough;

ii. Convicted of a federal crime and delinquent in paying a fine, monetary penalty, or restitution imposed for the offense if the U.S. Attorney General and the Director of the Administrative Office of the U.S. Courts have issued a written determination that the entities administering federal victim compensation programs have access to an accurate and efficient criminal debt payment tracking system; or

iii. Convicted of a state crime and delinquent in paying a fine, monetary penalty, or restitution imposed for the crime if the delinquency is identified by the Arizona Administrative Office of the Courts or the Clerk of the Superior Court.

d. Wanted in Arizona on an active warrant, if warrant status is discovered anytime following submission of the claim.

4. The criminally injurious conduct was reported to an appropriate law enforcement authority within 72 hours after its discovery;

5. The victim, derivative victim, or claimant cooperated with law enforcement agencies;

6. The victim, derivative victim, or claimant incurred economic loss as a direct result of the criminally injurious conduct that is not compensable by a collateral source; and

7. A claim, as described in R10-4-107, was submitted to the operational unit within two years after discovery of the criminally injurious conduct.

B. The Board shall extend the time limits under subsections (A)(4) and (A)(7) if the Board determines there is good cause for a delay.

C. If a victim died as a result of criminally injurious conduct, the requirements under subsections (A)(3)(c)(ii), (A)(3)(c)(iii), and (A)(3)(d) are waived for the deceased victim. Expenses incurred by the deceased victim and eligible claimants may be covered.

D. If the Board determines that a compensation award does not solely benefit a claimant who is delinquent under subsections (A)(3)(c)(ii) and (A)(3)(c)(iii), the requirements under subsections (A)(3)(c)(ii) and (A)(3)(c)(iii) may be waived for:

1. A claimant who is the parent or legal guardian of a minor victim of criminally injurious; or

2. A compensation award for expenses under R10-4-108(C)(3).

Ariz. Admin. Code § R10-4-106

Adopted effective December 31, 1986 (Supp. 86-6). Amended effective December 12, 1990 (Supp. 90-4). Amended effective October 28, 1994 (Supp. 94-4). Amended effective June 12, 1997 (Supp. 97-2). Former Section R10-4-106 renumbered to R10-4-104; new Section R10-4-106 renumbered from R10-4-108 and amended by final rulemaking at 6 A.A.R. 4727, effective November 20, 2000 (Supp. 00-4). Former R10-4-106 renumbered to R10-4-108; new R10-4-106 made by final rulemaking at 13 A.A.R. 4124, effective January 5, 2008 (Supp. 07-4). Amended by final rulemaking at 18 A.A.R. 3309, effective February 3, 2013 (Supp. 12-4). Amended by final rulemaking at 24 A.A.R. 377, effective 4/7/2018. Section expired under A.R.S. § 41-1056(J) at 29 A.A.R. 1674, effective 6/1/2023. New Section made by emergency rulemaking at 29 A.A.R. 1700, effective 7/14/2023 (EMERGENCY). New Section made by emergency rulemaking at 30 A.A.R. 315, effective 1/22/2024, exp. 7/20/2024(Emergency). New Section made by final rulemaking at 30 A.A.R. 2405, effective 7/3/2024.