2 PROPOSED ADMINISTRATIVE RULES

 

ORR 2011-017 DEPARTMENT OF COMMUNITY HEALTH CRIME VICTIM'S SERVICES COMMISSION

GENERAL RULES

Proposed Draft September 27, 2011

 

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306, Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

(By authority conferred on the crime victims compensation board by section 3 of 1976 PA 223 PA 223 of 1976, MCL 18.353 of the Michigan Compiled Laws)

 

R 18.351, R 18.354, R 18.355, R 18.358, and R 18.361 of the Michigan Administrative Code are amended as follows:

 

R 18.351 Definitions.

Rule 1. (1) As used in these rules:

(a)   "Accomplice" means any person who knowingly aids or assists another person in the commission of a crime, either before, during, or after the crime.

(b)   "Act" means 1976 PA 223, Act No. 223 of the Public Acts of 1976, MCL 18.351 to 18.368 et seq. of the Michigan Compiled Laws.

(c)   "Civil infraction" has the meaning prescribed by section 6a of 1949 PA 300, MCL 257.6 of Act No. 300 of the Public Acts of 1949, as amended, being S§257.6a of the Michigan Compiled Laws.

(d)  "Closed session" means a meeting or part of a meeting of the board commission which is closed to the public in order to protect certain rights of confidentiality.

(e)   "Crime" means an act or omission forbidden by law which is not designated as a civil infraction and which is punishable, upon conviction, by imprisonment, a fine which is not a   civil fine, or other penal discipline.

(f)    "Criminally responsible" means legally accountable or legally answerable for a crime.

(g)   "Dependent" means a person who receives at least 1/2 of his or her support from a deceased victim or claimant and includes a child of the victim born after his or her death.

(h)   "Household" means persons who dwell together as a family under 1 roof and who are related by blood, marriage, or judicial decree.

(i)   "Intimate personal privacy" means matters dealing with the mental or physical health of a person or the details or a crime involving sexual assault in any degree.

(j)   "Legally incapacitated person" means a person, other than a minor, for whom a guardian has been appointed by a court.

(k)   "Loss of support" means the cessation of a victim's earnings that were actually paid to or for a dependent prior to the victim's death and not reimbursed from insurance or public funds after the victim's death.

 

 

(l)   "Meeting" means the convening of the board commission at which 2 or more members are present for the purpose of deliberating toward or rendering a decision on a public policy.

(m)   ) "Minor" means a person who is less than 18 years of age.

(n)   "Other services necessary" means recognized medical treatment, convalescent aids, supplies, and other equipment needed by the victim because of physical incapacity sustained as a direct result of the crime.

(o)   "Peace officer" means an employee of this state, or any political subdivision thereof, who is employed as a police officer, sheriff, firefighter, conservation officer, or similar officer exercising powers of a police officer.

(p)   "Resident" means a person who is living in this state when the crime occurs. Resident does not include a person who resides in another state or foreign country and who is temporarily in this state for business, recreation, or personal matters.

(q)   "Unreimbursed and unreimbursable expenses" means expenses for which the claimant has no means of payment other than the claimant's assets or through an award of the board commission.

(r)   "Writing" means any of the following:

(i)   Handwriting.

(ii)   Typewriting.

(iii)   Printing.

(iv)   Photostating.

(v)   Photographing.

(vi)   Photocopying.

(vii)   Any other means of recording, including the recording of letters, words, pictures, sounds, symbols, or any combination thereof.

(viii)   Maps.

(ix)   Papers.

(x)   Magnetic or punched cards.

(xi)   Discs.

(xii)   Drums.

(xiii)   Any other means of recording or retaining meaningful contents.

(2) Terms defined in the act have the same meanings when used in these rules.

 

R 18.354 Claim filing time.

Rule 4. A claim is subject to the time limits for filing which are set forth in section 5 of the act; however, if a claim is filed after the time limits in section 5 of the act, the commission may presume that good cause to file a claim late exists within 6 months to one year after the occurrence of the crime and unless contrary evidence exists, the board or its member may presume that good cause for delay, within the meaning of section 5, exists.

 

R 18.355 Claimant cooperation with law enforcement agency and board required; claimant to bear burden of proof of authenticity and eligibility of claim.

Rule 5. (1) To receive an award, a claimant shall cooperate with the law enforcement agency investigating the crime giving rise to the claim and with the investigators, agents, and representatives of the board commission.  If a claimant refuses to cooperate, the board member or board commission may deny the claim or reduce the size of any award.

(2) The final burden of proof of the authenticity and eligibility of a claim, or any part of a claim, rests with the claimant.  When an award cannot be made because the law enforcement agency, medical providers, or employer cannot verify the claim, the claimant shall be given   written notice of the

 

 

particular deficiencies of verification.  The information requested by the board commission as necessary to verify the claim shall be supplied by the claimant. If the claimant does not comply within a reasonable period of time, the claim shall be denied in whole or in part as appropriate.

(3) Health care providers shall not submit a bill to sexual assault victims for any portion of a sexual assault forensic examination (SAFE).

 

R 18.358 Burial Ppayments limitations.

Rule 8. (1) When an award is ordered for funeral expenses, including burial expenses, the board commission shall pay a burial benefit of not more than $1,500.00 $2,000 for each victim for the date of injury on or before December 15, 2010 and not more than the amount set forth in section 11 of the act for each victim for the date of injury on or after December 16, 2010.

(2)   Expenses for flowers, gravestones, catering services, or other personal and family accommodations not directly related to the funeral service and disposition of the body will not be considered.

(3)   When the board commission awards funeral expenses which, in the absence of board commission payment, would be receivable from other public funds, the amount awarded shall not exceed the amount normally paid by the other sources.

(4)   The commission shall not award more than the amount set forth in section 11 of the act for grief counseling for a homicide victim’s spouse, children, parents, siblings, grandparents, and grandchildren.

(5)   The commission shall not award more than the amount set forth in section 11 of the act for crime scene clean-up services as allowed under the act.

 

R 18.361 Serious financial hardship determination; reasonable standard of living.

Rule 11. (1) In determining serious financial hardship under section 11(5) 11(7) of the act, the board member or board commission shall consider all of the financial resources of the claimant, except for the following exemptions:

(a) A homestead or 5 years' rent at the current rate at the time of the crime for an apartment dweller or dweller of a similar abode.

(b) Personal property consisting of clothing and other personal effects. (c) Household furniture, appliances, and equipment.

(d)One family automobile selected by claimant or victim.

 (e) Life insurance, except in death claims, and disability or death benefits paid or to be paid to a peace officer on account of injuries sustained in the course of employment.

  (f) An additional amount not exceeding the victim's annual net taxable income, in the discretion of the board, after consideration of all other financial resources.

(2) In all cases, the board member commission shall render a decision which will, as nearly as practicable, permit the claimant or family to maintain a reasonable standard of living. Where out-of- pocket expenses or loss of earnings or support significantly lower this standard of living, the board member commission may consider this serious financial hardship.