015-3 Wyo. Code R. § 3-4

Current through April 27, 2019

Section 3-4 - Eligibility for Compensation

The Division shall not make an award unless it determines eligibility based on the following:

(a) The victim suffered personal injury or death as a result of a "criminal act" under the laws of the State of Wyoming. No act involving the operation of motor vehicle, boat, or aircraft which results in injury or death constitutes a crime for the purpose of this act unless the injury or death was recklessly or intentionally inflicted through the use of the vehicle, boat, or aircraft, or unless the act constitutes a violation of W.S. 31-5-233.

(b) In determining whether a criminal act has occurred, the Division shall take into account the following sources of information:

• (i) Description of the act as related by the victim on the application form

• (ii) Any reports prepared by the appropriate law enforcement agencies;

• (iii) The law enforcement certification form prepared by law enforcement in response to a request from the Division;

• (iv) Any formal charging documents filed against the perpetrator, including the criminal complaint arrest warrant and information on any judgement and sentence or other final order entered against him;

• (v) Any other information that the Division deems to be relevant, including but not limited to, provocation, consent, participation in an illegal activity or behavior on the part of the victim which, directly or indirectly contributed to his injury or death, and the prior case history of the victim which may also include matters pertaining to the victim's medical history, and whether the victim cooperated with law enforcement authority or showed a compelling health or safety reason why they could not cooperate;

• (vi) The Division may consider, but is not bound by, the categorizing of the offense by the reporting law enforcement agency or prosecuting attorney;

• (vii) In all cases the Division shall exercise its discretion in determining whether a crime has occurred; and

• (viii) The application for compensation must be filed within I year from the date of the injury or death of the victim or within the extension of time the Division has allowed for good cause.
  • (A) Good cause in determining whether a victim has satisfied the requirement to report a crime to law enforcement, the Division may consider the victims age, physical condition and psychological state, and any compelling health or safety reason that would jeopardize the well being of the victim. The Division may waive the report to law enforcement or the 1 year filing date if good cause is shown.

(c) Cooperation with Law Enforcement

In determining whether a victim reasonably cooperated with law enforcement the Division may consider the victims age, physical condition and psychological state and any compelling health and safety reasons that would jeopardize the well being of the victim.

• (i) Reasonable cooperation with law enforcement by the victim may include but not be limited to the following:
  • (A) providing law enforcement with a true, accurate and complete statement of the circumstances that led to the crime;
  • (B) participating in the investigation of the crime to assist law enforcement with the identification of a suspect;
  • (C) participating in prosecution procedures including deposition and trail testimony as requested;
  • (D) Sexual abuse victims shall be deemed to have reasonably cooperated with law enforcement if the victim undergoes a sexual assault forensic exam;

(d) Wrongful Act. The injury to or death of a victim cannot be attributed to his or her own wrongful act.

015-3 Wyo. Code R. § 3-4