reglab/housing_qa huggingface dataset:
WV Code § 14-2A-19 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2A. Compensation Awards to Victims of Crimes|§14-2A-19. Attorney and Witness Fees

(a) By separate order, the commission or a commissioner thereof, shall determine and award reasonable attorney’s fees, commensurate with services rendered and reimbursement for reasonable and necessary expenses actually incurred shall be paid from the Crime Victims Compensation Fund to the attorney representing a claimant in a proceeding under this article at the same rates as set forth in section thirteen-a, article twenty-one, chapter twenty-nine of this code. Attorney’s fees and reimbursement may be denied upon a finding that the claim or appeal is frivolous. Awards of attorney’s fees and reimbursement shall be in addition to awards of compensation, and attorney’s fees and reimbursement may be awarded whether or not an award of compensation is approved. An attorney shall not contract for or receive any larger sum than the amount allowed under this section. In no event may a prosecuting attorney or assistant prosecuting attorney represent any victim seeking compensation under this article.(b) Each witness called by the commission to appear in a hearing on a claim for an award of compensation shall receive compensation and expenses in an amount equal to that received by witnesses in civil cases as provided in section sixteen, article one, chapter fifty-nine of this code to be paid from the Crime Victims Compensation Fund.
WV Code § 14-2A-19a (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2A. Compensation Awards to Victims of Crimes|§14-2A-19a. Effect on Physician, Hospital and Healthcare Providers Filing an Assignment of Benefits; Tolling of the Statute of Limitations

(a) As part of the order, the commission or a commissioner thereof, shall determine whether fees are due and owing for health care services rendered by a physician, hospital or other health care provider stemming from an injury received as defined under this article, and further, whether or not the physician, hospital or other health care provider has been presented an assignment of benefits, signed by the crime victim, authorizing direct payments of benefits to the health care provider. If such fees are due and owing and the health care provider has presented a valid assignment of benefits, the commission or a commissioner thereof, shall determine the amount or amounts and shall cause such reasonable fees to be paid out of the amount awarded the crime victim under this article directly to the physician, hospital or other health care provider. The requirements of this section shall be applicable to, and any such unpaid fees shall be determined and payable from, the awards made by the Legislature at regular session, 1987, and subsequently: Provided, That when a claim is filed under this section, the commission shall determine the total damages due the crime victim, and where the total damages exceed the maximum amount which may be awarded under this article, the amount paid the health care provider shall be paid in the same proportion to which the actual award bears to the total damages determined by the commission. In any case wherein an award is made which includes an amount for funeral, cremation or burial expenses, or a combination thereof, the commission shall provide for the payment directly to the provider or providers of such services, in an amount deemed proper by the commission, where such expenses are unpaid at the time of the award.(b) If the health care provider has filed an assignment of benefits, the provider shall aid the crime victim in the development of his or her claim by providing the commission with the amount of such fees as well as the amount of any portion of the fees paid the provider by the crime victim directly or paid the provider for the crime victim by a collateral source.(c) Whether or not a health care provider has filed an assignment of benefits, the commission shall disclose no information regarding the status of the claim to the provider: Provided, That the commission shall promptly notify the provider of the final disposition of the claim, if the provider is known to the commission.(d) Whenever a person files a claim under this article, the statute of limitations for the collection of unpaid fees paid for such health care services shall be tolled during the pendency of the claim before the commission.
WV Code § 14-2A-19b (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2A. Compensation Awards to Victims of Crimes|§14-2A-19b. Rates and Limitations for Health Care Services

The commission may establish by rule or order maximum rates and service limitations for reimbursement of health care services rendered by a physician, hospital, or other health care provider. An informational copy of the maximum rates and service limitations shall be filed with the Joint Committee on Government and Finance upon adoption by the commission. Any change in the maximum rates or service limitations shall be effective sixty days after the adoption of the changes. A provider who accepts payment from the commission for a service shall accept the commission’s rates as payment in full and may not accept any payment on account of the service from any other source if the total of payments accepted would exceed the maximum rate set by the commission for that service. A provider may not charge a claimant for any difference between the cost of a service provided to a claimant and the commission’s payment for that service. To ensure service limitations are uniform and appropriate to the levels of treatment required by the claimant, the commission may review all claims for these services as necessary to ensure their medical necessity.
WV Code § 14-2A-20 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2A. Compensation Awards to Victims of Crimes|§14-2A-20. Budget Preparation; Procedure for Payment of Claims

(a) The Legislative Auditor shall submit to the Department of Administration, on or before November 20, of each year, an anticipated budget for the Crime Victims Compensation Program provided in this article for the next fiscal year, which shall include:(1) An estimate of the balance and receipts anticipated in the Crime Victims Compensation Fund;(2) Amounts anticipated to be sufficient for the payment of all administrative expenses necessary for the administration of this article; and(3) Amounts anticipated to be sufficient for the payment of awards, attorney fees, witness fees and other authorized fees, costs or expenses that may arise under this article during the next fiscal year.(b) The Governor shall include in his or her proposed budget bill and revenue estimates the amounts submitted by the Legislative Auditor under subsection (a) of this section.(c) The clerk shall certify each authorized award and the amount of the award and make requisition upon the Crime Victims Compensation Fund to the Auditor. Notwithstanding any provision of chapter twelve of this code to the contrary, the Auditor shall issue a warrant to the Treasurer without further examination or review of the claim if there is a sufficient unexpended balance in the Crime Victims Compensation Fund.(d) The commission may provide that payment be made to a claimant or to a third party for economic losses of the claimant and the order may provide an award for the payment for actual economic losses which are prospective as well as those which have already been incurred.
WV Code § 14-2A-21 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2A. Compensation Awards to Victims of Crimes|§14-2A-21. Annual Report of West Virginia Legislative Claims Commission

The West Virginia Legislative Claims Commission shall prepare and transmit annually to the Governor and the Legislature a report of the activities of the West Virginia Legislative Claims Commission under this article. The report shall include the number of claims filed, the number of awards made and the amount of each award, and a statistical summary of claims and awards made and denied; the balance in the Crime Victims Compensation Fund with a listing by source and amount of the moneys that have been deposited in the fund; the amount that has been withdrawn from the fund, including separate listings of the administrative costs incurred by the West Virginia Legislative Claims Commission, compensation of commissioners and commission personnel, the amount awarded as attorneys’ fees.
WV Code § 14-2A-22 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2A. Compensation Awards to Victims of Crimes|§14-2A-22. State's Subrogation to Claimant's Rights

If an award of compensation is made under the provisions of this article and is not reduced on account of the availability of payment by a collateral source, the state, upon the payment of the award or a part of the award, shall be subrogated to all of the claimant's rights to receive or recover benefits or advantages for economic loss for which an award of compensation was made from such source if it were a collateral source or would be a collateral source if it were readily available to the victim or claimant. The claimant may sue the offender for any damages or injuries caused by the offender's criminally injurious conduct and not compensated for by an award of compensation. The claimant may join with the Attorney General as coplaintiff in any action against the offender. All moneys that are collected by the state pursuant to its rights of subrogation as provided in this section shall be deposited in the Crime Victims Compensation Fund.
WV Code § 14-2A-23 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2A. Compensation Awards to Victims of Crimes|§14-2A-23. Subrogation Rights of Collateral Source

Subrogation rights which a collateral source may have shall not extend to a recovery from a claimant of all or any part of an award made under this article. A collateral source may not apply, in the name of a claimant or otherwise, for an award of compensation based upon injury to a claimant to whose rights the collateral source may be subrogated.
WV Code § 14-2A-24 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2A. Compensation Awards to Victims of Crimes|§14-2A-24. Award Not Subject to Execution or Attachment; Exceptions

An award is not subject to execution, attachment, garnishment or other process, except that, upon receipt of an award by a claimant, the part of the award that is for allowable expense is not exempt from such action by a creditor to the extent that he provides products, services or accommodations the costs of which are included in the award and the part of the award that is for work loss shall not be exempt from such action to secure payment of alimony, maintenance or child support.
WV Code § 14-2A-25 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2A. Compensation Awards to Victims of Crimes|§14-2A-25. Publicity

(a) The clerk of the West Virginia Legislative Claims Commission shall prepare an information brochure for the benefit of the general public, outlining the rights of claimants and procedures to be followed under this article. Copies of such brochure shall be distributed to law-enforcement agencies in the state, and be made available to other interested persons.(b) Any law-enforcement agency that investigates an offense committed in this state involving personal injury shall make reasonable efforts to provide information to the victim of the offense and his or her dependents concerning the availability of an award of compensation and advise such persons that an application for an award of compensation may be obtained from the clerk of the West Virginia Legislative Claims Commission.
WV Code § 14-2A-26 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2A. Compensation Awards to Victims of Crimes|§14-2A-26. Rule-Making

(a) The West Virginia Legislative Claims Commission may promulgate rules and regulations to implement the provisions of this article.(b) The West Virginia Legislative Claims Commission shall promulgate rules and regulations to govern the award of compensation to the spouse of, person living in the same household with, parent, child, brother or sister of the offender or his or her accomplice in order to avoid an unjust benefit to or the unjust enrichment of the offender or his or her accomplice.
WV Code § 14-2A-27 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2A. Compensation Awards to Victims of Crimes|§14-2A-27. Application of Article

The provisions of this article shall not apply to any injury or death resulting from criminally injurious conduct which occurred on or before December 31, 1981.
WV Code § 14-2A-28 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2A. Compensation Awards to Victims of Crimes|§14-2A-28. Retroactive Effect of Amendments

Amendments made to the provisions of this article during the regular session of the Legislature in the year 1984, shall be of retroactive effect to the extent that such amended provisions shall apply to all cases pending before the West Virginia Legislative Claims Commission on the effective date of the act of the Legislature which effects such amendment.
WV Code § 14-2A-29 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2A. Compensation Awards to Victims of Crimes|§14-2A-29. Retroactive Effect of Amendments

Amendments made to the provisions of this article during the 1992 regular session of the Legislature are retroactive in effect to the extent that the amended provisions apply to all cases wherein the criminally injurious conduct occurred after December 31, 1991.
WV Code § 14-2B-1 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2B. Distribution of Crime Profits|§14-2B-1. Short Title

This article shall be known and may be cited as the "West Virginia Crime Profits Act".
WV Code § 14-2B-2 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2B. Distribution of Crime Profits|§14-2B-2. Legislative Findings; Purpose and Intent

The Legislature finds and declares that it is a violation of the public policy of this state to permit a person who commits a crime to thereafter gain a monetary profit from the commission of that crime. Consequently, the Legislature finds that when a person convicted of a crime later profits as a result of the commission of that crime, such profits should be used to compensate those crime victims who were damaged as a result of the commission of the crime, as well as the taxpayers who paid for the prosecution or incarceration of the defendant, or both.
WV Code § 14-2B-3 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2B. Distribution of Crime Profits|§14-2B-3. Definitions

As used in this article:(a) "Crime" means any offense designated by the provisions of this code as a felony or misdemeanor. (b) "Crime profits" means:(1) Any property obtained through or income generated from the commission of a crime of which the defendant was convicted;(2) Any property obtained by or income generated from the sale, conversion or exchange of proceeds of a crime, including any gain realized by such sale, conversion or exchange; or(3) Any property which the defendant obtained or income generated as a result of having committed the crime, including any assets obtained through the use of unique knowledge obtained during the commission of, or in preparation for the commission of, the crime, as well as any property obtained by or income generated from the sale, conversion or exchange of such property and any gain realized by such sale, conversion or exchange.(c) "Crime victim" means the victim of the offense or the personal representative of a crime victim.(d) "Defendant" means a person charged with a crime or convicted of a crime after trial, by entry of a plea of guilty or by entry of a plea of nolo contendere in any court in this state. The term "defendant" shall also include any person found by a court of record to be not criminally responsible for the commission of a crime by reason of mental illness, mental retardation or addiction.(e) "Court" means the circuit court of the county wherein the defendant is charged with or was prosecuted for the commission of the crime.(f) "Personal representative" means an attorney-in-fact or legal guardian of a living person or the executor, administrator, successor personal representative, special administrator and persons who perform substantially the same function under the law governing their status of the estate of a deceased person.(g) "Prosecutor" means the prosecuting attorney of the county in which the defendant is charged with or was prosecuted for the commission of the crime.(h) "Contract" means any agreement, whether reduced to writing or not, in which any person, firm, corporation, partnership, association or other legal entity contracts for, pays or agrees to pay, any crime profits to a defendant or to a defendant's personal representative.
WV Code § 14-2B-4 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2B. Distribution of Crime Profits|§14-2B-4. Notice of Contract With Defendant; Payment Over of Crime Profits to Prosecutor; Placing of Crime Profits Into Escrow Account

(a) Every person, firm, corporation, partnership, association or other legal entity which knowingly contracts for, pays or agrees to pay, any crime profits, as defined in section three of this article, to a defendant shall submit a copy of such contract to the prosecutor and pay over to the prosecutor any moneys which would otherwise, by the terms of such contract, be owing to the defendant. The prosecutor shall deposit such moneys in an interest bearing escrow account and shall thereafter disburse such moneys only in accordance with the provisions of this article.(b) Every defendant who contracts for, receives or agrees to receive, any crime profits, as defined in section three of this article, from any person, firm, corporation, partnership, association or other legal entity, shall submit a copy of such contract to the prosecutor and pay over to the prosecutor any moneys which would otherwise, by the terms of such contract, be owing to the defendant. The prosecutor shall deposit such moneys in an interest bearing escrow account and shall thereafter disburse such moneys only in accordance with the provisions of this article.
WV Code § 14-2B-5 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2B. Distribution of Crime Profits|§14-2B-5. Prosecutor to Commence Action to Distribute Profits From Crime; Joinder of Parties; Statute of Limitations; Issues to Be Determined in Action

(a) The prosecutor shall, within six months of the receipt of any contract or moneys, bring an action in interpleader in accordance with the West Virginia rules of civil procedure for trial courts of record to determine the distribution of any crime profits which have been received or may be received in the future by the defendant. The prosecutor shall join the defendant, any instrumentality of the state or political subdivision thereof which has expended or likely will expend taxpayer funds as a result of the commission of the crime, including, without limitation, funds to prosecute or incarcerate the defendant, all known crime victims, the crime victim's compensation fund and any person, firm, corporation, partnership, association or other legal entity which has paid, or agreed to pay, any crime profits to the defendant, as parties to the action.(b) Notwithstanding any other provision of this code with respect to the timely bringing of an action, the prosecutor shall have the right to bring a civil action authorized by this section within three years after the prosecutor first receives notice pursuant to section four of this article. If, but for the provisions of this section, any party would be barred from bringing an action due to the expiration of the applicable statute of limitations, said party may not recover damages against the defendant in excess of the value of the crime profits allotted to said party by the court in accordance with the provisions of this article.(c) A crime victim, the defendant or any instrumentality of the state or political subdivision thereof which has expended or will likely expend taxpayer funds as the result of the commission of the crime may bring a writ of mandamus to compel the prosecutor to bring an interpleader action as authorized by this section. Any applicable statute of limitations shall be tolled during the pendency of such writ.(d) Any party to the interpleader action may demand a trial by jury on the issues of entitlement to and the amount of damages arising from any claim of any instrumentality of the state or political subdivision thereof or of any crime victim, except that such claims that have already been reduced to judgment in any other civil action by a court of competent jurisdiction shall be conclusively presumed to have been established: Provided, That no jury trial shall be permitted on subrogation claims of the crime victim's compensation fund.(e) The court may, upon motion of any party or upon its own motion, consolidate with the interpleader action any other pending civil actions by crime victims against the defendant when the basis for such other action is the same crime which has or may result in the generating of crime profits.
WV Code § 14-2B-6 (2021)
2021 West Virginia Code|Chapter 14. Claims Due and Against the State|Article 2B. Distribution of Crime Profits|§14-2B-6. Authority of Prosecutor to Make Payments From Escrow Account for the Necessary Expenses of Protection of Moneys Paid Into the Escrow Account; Payment of Moneys to Defendant When Charges Dismissed Prior to Filing of Interpleader Action

(a) The prosecutor may in his or her discretion, and without court approval, make such payments from the escrow account to such parties as may be necessary to preserve or maintain the moneys paid into the escrow account, provided the prosecutor finds that such payments would be in the best interests of any affected instrumentality of the state or political subdivision thereof or of the crime victims and would not be contrary to public policy.(b) If, at any time prior to the filing of an interpleader action as authorized by this article, the charges against the defendant are dismissed or the defendant is acquitted of such charges in circumstances other than a finding by a court of record that the defendant is not criminally responsible for the commission of a crime by reason of mental illness, mental retardation or addiction, the prosecutor shall immediately pay over to such defendant all moneys, including accrued interest, in the escrow account established on behalf of such defendant.