Or. Admin. R. 137-068-0010

Current through Register Vol. 63, No. 6, June 1, 2024

Section 137-068-0010 - Definitions

As used in this rule:

(1) "Applicant" means the victim, or the victim's legal guardian, or in the case of a homicide, one (1) member of the immediate family of the decedent, who applies for emergency monies pursuant to this rule.

(2) "Bias crime" means the commission, attempted commission or alleged commission of an offense described in ORS 166.155 or 166.165.

(3) "Bias incident" has the meaning given that term in ORS 147.380(1)(b).

(4) "Department" means the Oregon Department of Justice.

(5) "Eligible costs" are approved expenses necessary for an applicant to respond to a bias incident or bias crime that occur within ninety (90) days of the bias incident or bias crime. Eligible costs are limited to costs incurred for the following purposes:

(a) Security measures, including, but not limited to, buying and installing home security cameras and video doorbells, changing locks, repairing windows and doors, phone or internet bills or installation, interpreter costs to interact with non-governmental agencies assisting in security measures.

(b) Relocation for safety purposes, whether temporary or permanent, including, but not limited to, rent or partial rent, security deposit, moving costs, emergency hotel stay, rental car, vehicle repair for the purpose of relocation, other transportation costs, pet boarding.

(c) Costs incurred due to the bias incident or bias crime rendering the victim unable to work, including, but not limited to, rent or partial rent, food costs, phone or internet bills, other utility bills.

(d) Property damage directly resulting from the bias incident, including, but not limited to, repairs/clean-up for visible hate speech etched or graffitied on personal property or a necessary personal item, clean-up costs for damage done to the victim's yard, vehicle or home, and insurance deductibles when insurance has covered the primary losses in these situations. The Program may consider the level of re-traumatization caused should the property remain unfixed.

(e) Eligible costs do not include funeral costs, counseling costs, medical costs, rehabilitation costs, loss of earnings, loss of support to dependents, child support, pain and suffering, purchase of a firearm or other weapon, payment of a fine or other penalty, payment for relocation of household or personal belongings from another state, purchase of a pet or other guard animal, and attorney costs or other legal fees.

(6) "Payee" is the business, vendor, landlord, or other recipient of funds that provides goods or services to an applicant that qualify as eligible costs.

(7) "Program" means the Oregon Department of Justice's Bias Response Program.

(8) "Victim" means an individual directly targeted and harmed in Oregon due to a bias incident or bias crime.

Or. Admin. R. 137-068-0010

DOJ 7-2022, adopt filed 06/09/2022, effective 6/13/2022

Statutory/Other Authority: ORS 147.380 & ORS 147.005-147.463

Statutes/Other Implemented: ORS 147.380 & ORS 147.005-147.463