OAR 137-076-0016: Eligibility Criteria

(1) Unless otherwise required by statute, for the purposes of determining an applicant’s eligibility for crime victim compensation under ORS 147.005 through 147.367 and computing the type and amount of any compensation awarded to the applicant, the Department must use the award limits in effect on the date the application was filed per ORS 147.035. (2) A compensable crime must have been committed by a person of full legal capacity for the victim or applicant to be eligible for an award of compensation. If the Department approves an award of compensation, and a court of competent jurisdiction subsequently finds that the suspect is not criminally responsible or is incapacitated, the Department will not change or rescind the award. (3) When an order is used to satisfy the reporting requirement per ORS 147.015(2) and the order was dismissed after a contested hearing, a counseling only benefit may be provided. (4) Notification of the perpetration of the crime as required by ORS 147.015 must have been done prior to the application being received by the Department in order for a person to be eligible for an award of compensation. Any documentation used to satisfy the notification requirement must be directly related to the compensable crime. (5) Pursuant to ORS 147.105(6), if an applicant is incarcerated at the time they apply for compensation, the application will be processed in the normal course of business. Payments can be made to health and other qualified providers, but any reimbursement to the applicant will not be made until they are released from custody. Payments will not be made for any healthcare received by the applicant while the applicant is incarcerated. The claim expiration will be extended for 3 years from the date the applicant is released from custody. (6) If the applicant files an application for a compensable crime and does not meet the eligibility requirements set forth in ORS 147.015, the Department may grant a limited counseling award of up to $5,000.00.