reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 10 - CRIME VICTIMS COMPENSATION › Section 72-1002 - LEGISLATIVE PURPOSE AND INTENT.

72-1002. LEGISLATIVE PURPOSE AND INTENT. The legislature hereby finds, determines and declares that victims of violent crime are often reduced to bereft and destitute circumstances as a result of the criminal acts perpetrated against them, that the financial or economic resources of such victims and their dependents are in many instances distressed or depleted as a result of injuries inflicted upon them by violent criminals.
That the general social and economic welfare of such victims and their dependents is and ought to be intimately affected with the public interest, that the deplorable plight of these unfortunate citizens should not go unnoticed by our institutions and agencies of government.
The legislature hereby further finds, determines and declares that it is to the benefit of all that victims of violence and their dependents be assisted financially and socially whenever possible.
It is the intent of the legislature of this state to provide a method of compensating and assisting those persons within the state who are innocent victims of criminal acts and who suffer injury or death. To this end, it is the legislature’s intention to provide compensation for injuries suffered as a direct result of the criminal acts of other persons.
History:
[72-1002, added 1986, ch. 337, sec. 1, p. 825.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 10 - CRIME VICTIMS COMPENSATION › Section 72-1004 - POWERS AND DUTIES OF COMMISSION.

72-1004. POWERS AND DUTIES OF COMMISSION. (1) The commission shall:
(a) Adopt rules to implement this chapter in compliance with chapter 52, title 67, Idaho Code;
(b) Prescribe forms for applications for compensation; and
(c) Determine all matters relating to claims for compensation.
(2) The commission may:
(a) Request and obtain from prosecuting attorneys and law enforcement officers investigations and data to enable the commission to determine whether and the extent to which a claimant qualifies for compensation. A statute providing confidentiality for a claimant’s juvenile court records does not apply to proceedings under this chapter;
(b) Subpoena witnesses and other prospective evidence, administer oaths or affirmations, conduct hearings, and receive relevant, nonprivileged evidence;
(c) Take notice of judicially cognizable facts and general, technical, and scientific facts within its specialized knowledge;
(d) Require that law enforcement agencies and officials take reasonable care that victims be informed about the existence of this chapter and the procedure for applying for compensation under this chapter;
(e) Require that any person contracting directly or indirectly with an individual formally charged with or convicted of a qualifying crime for any rendition, interview, statement, or article relating to such crime to deposit any proceeds owed to such individual under the terms of the contract into an escrow fund for the benefit of any victims of the qualifying crime or any surviving dependents of the victim, if such individual is convicted of that crime, to be held for such period of time as the commission may determine is reasonably necessary to perfect the claims of the victims or dependents. If, after all funds due the victim have been paid to the victim under this section, there remain additional funds in the escrow account, such funds shall be returned to the crime victims compensation account; and
(f) Require claimants to sign a release and provide information to determine eligibility for compensation under this chapter. Any information received by the commission pursuant to this subsection shall be kept confidential except as provided in section 72-1007, Idaho Code.
History:
[72-1004, added 1986, ch. 337, sec. 1, p. 827; am. 2002, ch. 136, sec. 3, p. 375.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 10 - CRIME VICTIMS COMPENSATION › Section 72-1005 - REHABILITATION OF VICTIMS.

72-1005. REHABILITATION OF VICTIMS. The commission shall refer victims who have been disabled through criminally injurious conduct and who are receiving benefits under this chapter to an appropriate treatment facility or program, including mental health counseling and care. If the referral is to the division of vocational rehabilitation, the division shall provide for the vocational rehabilitation of the victims under its rehabilitation programs to the extent funds are available under such program.
History:
[72-1005, added 1986, ch. 337, sec. 1, p. 827.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 10 - CRIME VICTIMS COMPENSATION › Section 72-1006 - ATTORNEYS’ FEES.

72-1006. ATTORNEYS’ FEES. (1) The commission may grant attorneys’ fees to attorneys for representing claimants before the commission. Any attorney’s fee granted by the commission shall be in addition to compensation awarded the claimant under this chapter.
(2) The commission may regulate the amount of the attorney’s fee in any claim under this chapter when an attorney is representing a claimant.
(3) In no claim or case may attorney fees in excess of five percent (5%) of the amount paid to a claimant or on his behalf be paid directly or indirectly to a claimant’s attorney.
History:
[72-1006, added 1986, ch. 337, sec. 1, p. 827.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 10 - CRIME VICTIMS COMPENSATION › Section 72-1007 - PUBLIC INSPECTION AND DISCLOSURE OF COMMISSION’S RECORDS.

72-1007. PUBLIC INSPECTION AND DISCLOSURE OF COMMISSION’S RECORDS. The information and records the commission maintains in its possession in the administration of this chapter shall be kept confidential and are exempt from public disclosure under chapter 1, title 74, Idaho Code, provided however:
(1) During the commission’s regular office hours any claimant, or his attorney or authorized representative, may examine all files maintained by the commission in connection with his application for compensation;
(2) Upon an adequate showing to the court in a separate civil or criminal action that the specific information or records are not obtainable through diligent effort from any independent source, the court may inspect such records in camera to determine whether the public interest in disclosing the records outweighs the public or private interest in maintaining the confidentiality of such records;
(3) Information and records maintained by the commission may be disclosed to public employees and officials in the performance of their official duties; and
(4) Information and records maintained by the commission may be disclosed to health care providers who are:
(a) Treating or examining victims claiming benefits under this chapter; or
(b) Giving medical advice to the commission regarding any claim.
History:
[72-1007, added 1986, ch. 337, sec. 1, p. 828; am. 1987, ch. 226, sec. 2, p. 481; am. 1990, ch. 213, sec. 108, p. 562; am. 2002, ch. 136, sec. 4, p. 376; am. 2015, ch. 141, sec. 194, p. 529.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 10 - CRIME VICTIMS COMPENSATION › Section 72-1008 - LIMITATION OF BENEFIT ENTITLEMENTS TO PROPORTIONATE SHARE OF AVAILABLE FUNDS.

72-1008. LIMITATION OF BENEFIT ENTITLEMENTS TO PROPORTIONATE SHARE OF AVAILABLE FUNDS. Claimants receiving benefits under this chapter are not granted an absolute entitlement to benefits. Benefits must be paid in accordance with the amount of the legislative appropriation. If the commission determines at any time that the appropriated funds for a fiscal year will not be an amount that will fully pay all claims, the commission may make appropriate proportionate reductions in benefits to all claimants. Such reductions do not entitle claimants to future retroactive reimbursements in future fiscal years unless the legislature makes appropriations for such retroactive benefits.
History:
[72-1008, added 1986, ch. 337, sec. 1, p. 828.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 10 - CRIME VICTIMS COMPENSATION › Section 72-1009 - CRIME VICTIMS COMPENSATION ACCOUNT.

72-1009. CRIME VICTIMS COMPENSATION ACCOUNT. The crime victims compensation account is hereby established in the dedicated fund. Moneys shall be paid into the account as provided by law. Moneys in the account may be appropriated only for the purposes of this chapter, which shall include administrative expenses.
History:
[72-1009, added 1986, ch. 337, sec. 1, p. 828.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 10 - CRIME VICTIMS COMPENSATION › Section 72-1010 - RECEIPT OF FUNDS.

72-1010. RECEIPT OF FUNDS. The commission may adopt appropriate rules in order to receive federal funds under federal criminal reparation and compensation acts, or to receive grants, gifts or donations from any source.
History:
[72-1010, added 1986, ch. 337, sec. 1, p. 828.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 10 - CRIME VICTIMS COMPENSATION › Section 72-1011 - PENALTY FOR FRAUDULENTLY OBTAINING BENEFITS.

72-1011. PENALTY FOR FRAUDULENTLY OBTAINING BENEFITS. Any person who knowingly makes a false claim or a false statement or uses any other fraudulent device in connection with any claim is guilty of theft as provided in section 18-2403, Idaho Code, and upon conviction shall, in addition to being punished as provided in chapter 24, title 18, Idaho Code, forfeit and repay any compensation paid under this chapter.
History:
[72-1011, added 1986, ch. 337, sec. 1, p. 828.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 10 - CRIME VICTIMS COMPENSATION › Section 72-1012 - APPLICATION FOR COMPENSATION.

72-1012. APPLICATION FOR COMPENSATION. An applicant for an award of compensation may apply in writing in a form that conforms substantially to that prescribed by the commission.
History:
[72-1012, added 1986, ch. 337, sec. 1, p. 828.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 10 - CRIME VICTIMS COMPENSATION › Section 72-1013 - INFORMAL HEARINGS.

72-1013. INFORMAL HEARINGS. The commission may hold informal hearings in order to make determinations regarding the compensability of a claim. At such hearings, the commission may subpoena witnesses and documents as set forth in section 72-709, Idaho Code. Hearings held under this section are not considered contested case hearings under the Idaho administrative procedures act. However, the commission shall adopt rules regarding the commission’s informal hearing procedures.
History:
[72-1013, added 1986, ch. 337, sec. 1, p. 828.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 10 - CRIME VICTIMS COMPENSATION › Section 72-1014 - EVIDENCE OF CONDITION.

72-1014. EVIDENCE OF CONDITION. (1) The commission may require the claimant to supplement the application with any reasonably available medical reports or other documents relating to the injury or condition for which compensation is claimed. Failure to provide the requested supporting documents or reports may result in the denial of the claimant’s application for compensation or claim for payment. Health care providers are authorized to submit directly to the commission, pursuant to the claimant’s original release as provided in the application for compensation, any information that is required to support a claimant’s application or that is necessary to process a claim for payment.
(2) If the physical or mental condition of a victim or claimant is material to a claim, the commission may order the victim or claimant to submit from time to time to an examination by a physician or other licensed health professional or may order an autopsy of a deceased victim. The commission shall pay for such examination or autopsy. The order shall specify the time, place, manner, conditions, and scope of the examination or autopsy and the person by whom it is to be made and shall require the person to file with the commission a detailed written report of the examination or autopsy. The report shall set out his findings, including results of all tests made, diagnoses, prognoses, and other conclusions and reports of earlier examinations of the same conditions. On request of the person examined, the commission shall furnish a copy of the report to him. If the victim is deceased, the commission, on request, shall furnish a copy of the report to the claimant.
History:
[72-1014, added 1986, ch. 337, sec. 1, p. 829; am. 2002, ch. 136, sec. 5, p. 376.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 10 - CRIME VICTIMS COMPENSATION › Section 72-1015 - ENFORCEMENT OF COMMISSION’S ORDERS — IMPROPER ASSERTION OF PRIVILEGE.

72-1015. ENFORCEMENT OF COMMISSION’S ORDERS — IMPROPER ASSERTION OF PRIVILEGE. If a person refuses to comply with an order of the commission or asserts a privilege to withhold or suppress evidence relevant to a claim, except privileges arising from the attorney-client relationship or counselor-client relationship, the commission may make any just order, including denial of the claim.
History:
[72-1015, added 1986, ch. 337, sec. 1, p. 829.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 10 - CRIME VICTIMS COMPENSATION › Section 72-1016 - LIMITATIONS ON AWARDS.

72-1016. LIMITATIONS ON AWARDS. (1) Compensation may not be awarded unless the claim is filed with the commission within one (1) year after the day the criminally injurious conduct occurred causing the injury or death upon which the claim is based. The time for filing a claim may be extended by the commission for good cause shown.
(2) Compensation may not be awarded to a claimant who is the offender or an accomplice of the offender or to any claimant if the award would unjustly benefit the offender or accomplice.
(3) Compensation may not be awarded unless the criminally injurious conduct resulting in injury or death was reported to a law enforcement officer within seventy-two (72) hours after its occurrence or the commission finds there was good cause for the failure to report within that time.
(4) In order to be entitled to benefits under this chapter, a claimant must fully cooperate with all law enforcement agencies and prosecuting attorneys in the apprehension and prosecution of the offender causing the criminally injurious conduct. The commission, upon finding that the claimant or victim has not fully cooperated with appropriate law enforcement agencies or prosecuting attorneys, may deny or reconsider and reduce an award of compensation.
(5) Subject to the limitations on payments for the costs of forensic and medical examinations of alleged victims of sexual assault described in section 72-1019(2), Idaho Code, compensation otherwise payable to a claimant shall be reduced or denied to the extent the compensation benefits payable are or can be recouped from collateral sources.
(6) Persons serving a sentence of imprisonment or residing in any other public institution that provides for the maintenance of such persons are not entitled to the benefits of this chapter.
(7) (a) Compensation may be denied or reduced if the victim contributed to the infliction of death or injury with respect to which the claim is made. Any reduction in benefits under this paragraph shall be in proportion to what the commission finds to be the victim’s contribution to the infliction of death or injury.
(b) Compensation otherwise payable to a claimant shall be reduced by fifty percent (50%) if at the time the injury was incurred the claimant was engaged in a felony or was in violation of section 18-8004 or 67-7034, Idaho Code, and compensation otherwise payable may be further reduced pursuant to regulation of the industrial commission if the claimant’s actions contributed to the injury.
History:
[72-1016, added 1986, ch. 337, sec. 1, p. 829; am. 1990, ch. 15, sec. 1, p. 25; am. 1993, ch. 278, sec. 2, p. 941; am. 2002, ch. 136, sec. 6, p. 377; am. 2018, ch. 249, sec. 1, p. 577.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 10 - CRIME VICTIMS COMPENSATION › Section 72-1017 - TENTATIVE AWARD OF COMPENSATION.

72-1017. TENTATIVE AWARD OF COMPENSATION. If the commission determines that the claimant will suffer financial hardship unless a tentative award is made and it appears likely that a final award will be made, an amount may be paid to the claimant, to be deducted from the final award or repaid by and recoverable from the claimant to the extent that it exceeds the final award.
History:
[72-1017, added 1986, ch. 337, sec. 1, p. 830.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 10 - CRIME VICTIMS COMPENSATION › Section 72-1018 - AWARD OF COMPENSATION.

72-1018. AWARD OF COMPENSATION. (1) The commission shall award compensation benefits under this chapter, if satisfied by a preponderance of the evidence that the requirements for compensation have been met.
(2) An award may be made whether or not any person is prosecuted or convicted. Proof of conviction of a person whose acts give rise to a claim is conclusive evidence that the crime was committed unless an application for rehearing or an appeal of the conviction is pending or a rehearing or new trial has been ordered.
(3) The commission may suspend the proceedings pending disposition of a criminal prosecution that has been commenced or is imminent and may make a tentative award under section 72-1017, Idaho Code.
History:
[72-1018, added 1986, ch. 337, sec. 1, p. 830.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 10 - CRIME VICTIMS COMPENSATION › Section 72-1020 - AWARD NOT SUBJECT TO EXECUTION, ATTACHMENT, GARNISHMENT, OR ASSIGNMENT — EXCEPTION.

72-1020. AWARD NOT SUBJECT TO EXECUTION, ATTACHMENT, GARNISHMENT, OR ASSIGNMENT — EXCEPTION. (1) An award is not subject to execution, attachment, garnishment, or other process.
(2) An assignment or agreement to assign a right to compensation in the future is unenforceable except:
(a) An assignment of a right to compensation for work loss to secure payment of maintenance or child support; or
(b) An assignment of a right to compensation to the extent that the benefits are for the cost of products, services, or accommodations necessitated by the injury or death on which the claim is based and are provided or to be provided by the assignee.
History:
[72-1020, added 1986, ch. 337, sec. 1, p. 832.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 10 - CRIME VICTIMS COMPENSATION › Section 72-1021 - RECONSIDERATION AND REVIEW OF COMMISSION’S DECISIONS.

72-1021. RECONSIDERATION AND REVIEW OF COMMISSION’S DECISIONS. (1) The commission, on its own motion or on request of the claimant, may reconsider a decision making or denying an award or determining its amount. The commission shall reconsider at least annually every award being paid in installments. An order on reconsideration of an award may not require refund of amounts previously paid unless the award was obtained by fraud.
(2) The right of reconsideration does not affect the finality of a commission decision.
History:
[72-1021, added 1986, ch. 337, sec. 1, p. 832.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 10 - CRIME VICTIMS COMPENSATION › Section 72-1022 - NO APPEAL.

72-1022. NO APPEAL. There shall be no right of appeal from a final determination of the commission.
History:
[72-1022, added 1986, ch. 337, sec. 1, p. 832.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 10 - CRIME VICTIMS COMPENSATION › Section 72-1023 - SUBROGATION.

72-1023. SUBROGATION. (1) If a claimant seeks compensation under this chapter and compensation is awarded, the account is entitled to full subrogation against a judgment or recovery received by the claimant against the offender or from or against any other source for all compensation paid under this chapter. The account’s right of subrogation shall be a first lien on the judgment or recovery. If the claimant does not institute the action against the offender or against another source from which payment may be recovered for benefits compensable under this chapter within one (1) year from the date the criminally injurious conduct occurred, the commission may institute the action in the name of the claimant or the claimant’s personal representative.
(2) If the claimant institutes the action, the commission shall pay a proportional share of costs and attorneys’ fees if it recovers under its subrogation interest.
(3) If the commission institutes the action in the name of the claimant or the claimant’s personal representative and the recovery is in excess of the amount of compensation paid to the claimant and costs incurred by the account in pursuit of the action, the excess shall be paid to the claimant.
(4) If a judgment or recovery includes both damages for bodily injury or death for which the commission has ordered compensation paid under this chapter and damages for which the commission has not ordered compensation paid, then the account’s subrogation interest shall apply only to that proportion of the judgment or recovery for which it has paid compensation. In a civil action in a court of this state arising out of criminally injurious conduct, the judge, on timely motion, shall direct the jury to return a special verdict indicating separately the amounts of the various items of damages awarded. A claimant may not make recoveries against the offender or other source from which payment can be recovered for benefits compensable under this chapter in such a way as to avoid and preclude the account from receiving its proper subrogation share as provided in this section. The commission shall order the release of any lien provided for in subsection (1) of this section upon receipt of the account’s subrogation share.
(5) Moneys received under the provisions of this section shall be paid to the account.
History:
[72-1023, added 1986, ch. 337, sec. 1, p. 832; am. 1988, ch 73, sec. 1, p. 105.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 10 - CRIME VICTIMS COMPENSATION › Section 72-1024 - EFFECT OF AWARD ON PROBATION AND PAROLE OF OFFENDER.

72-1024. EFFECT OF AWARD ON PROBATION AND PAROLE OF OFFENDER. (1) When placing any convicted person on probation, the court may set as a condition of probation the payment to the account of an amount equal to any benefits paid from the account to or for the benefit of a victim or a victim’s dependents. The court may set a repayment schedule and modify it as circumstances change.
(2) Payment of the debt may be made a condition of parole subject to modification based on a change in circumstances.
History:
[72-1024, added 1986, ch. 337, sec. 1, p. 833; am. 1987, ch. 226, sec. 3, p. 481; am. 1997, ch. 112, sec. 2, p. 274.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 10 - CRIME VICTIMS COMPENSATION › Section 72-1025 - FINES — REIMBURSEMENTS — DISPOSITION.

72-1025. FINES — REIMBURSEMENTS — DISPOSITION. (1) In addition to any other fine which may be imposed upon each person found guilty of criminal activity, the court shall impose a fine or reimbursement according to the following schedule, unless the court orders that such fine or reimbursement be waived only when the defendant is indigent and at the time of sentencing shows good cause for inability to pay and written findings to that effect are entered by the court:
(a) For each conviction or finding of guilt of each felony count, a fine or reimbursement of not less than seventy-five dollars ($75.00) per felony count;
(b) For each conviction or finding of guilt of each misdemeanor count, a fine or reimbursement of thirty-seven dollars ($37.00) per misdemeanor count;
(c) For each conviction or finding of guilt of an infraction under section 18-8001 or 49-301, Idaho Code, or for each first-time conviction or finding of guilt of an infraction under section 23-604 or 23-949, Idaho Code, a fine or reimbursement of thirty-seven dollars ($37.00) per count;
(d) In addition to any fine or reimbursement ordered under paragraph (a) or (b) of this subsection, the court shall impose a fine or reimbursement of not less than three hundred dollars ($300) per count for any conviction or finding of guilt for any sex offense, including, but not limited to, offenses pursuant to sections 18-1506, 18-1507, 18-1508, 18-1508A, 18-6101, and 18-6604, Idaho Code.
(2) Notwithstanding the provisions of section 19-4705, Idaho Code, the fines or reimbursements imposed under the provisions of this section shall be paid into the crime victims compensation account.
History:
[72-1025, added 1986, ch. 337, sec. 1, p. 833; am. 1987, ch. 137, sec. 1, p. 270; am. 1989, ch. 50, sec. 1, p. 63; am. 1993, ch. 278, sec. 1, p. 940; am. 2009, ch. 139, sec. 1, p. 421; am. 2016, ch. 296, sec. 17, p. 847; am. 2016, ch. 344, sec. 10, p. 996; am. 2018, ch. 189, sec. 3, p. 416; am. 2018, ch. 298, sec. 9, p. 713; am. 2022, ch. 124, sec. 27, p. 463.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 10 - CRIME VICTIMS COMPENSATION › Section 72-1026 - PAYMENTS TO MEDICAL PROVIDERS.

72-1026. PAYMENTS TO MEDICAL PROVIDERS. (1) The commission may adopt a fee schedule to determine the allowable payments to be made to medical providers under this chapter, including but not limited to, the fee schedule the commission has adopted to determine the allowable payments to be made to medical providers under the Idaho worker’s compensation law.
(2) A medical provider who accepts the full allowable payment from the commission under this chapter for medical services provided to a victim or claimant shall be deemed to have agreed to accept those payments as payment in full for those medical services. Except as provided in subsection (3) herein, a medical provider who has received payment from the commission for medical services provided to a victim or claimant under this chapter may not attempt to collect any further payment from the victim or the claimant for those same services.
(3) In the event the commission, due to a lack of available funds or some other cause, is unable to pay the full allowable payment to a medical provider for medical services provided to a victim or claimant under the provisions of this chapter, the medical provider may collect the unpaid balance for those services from the victim or claimant, but in no event shall the total amount collected by the provider from the commission and the victim or claimant exceed the full allowable payment the provider would have received from the commission under the provisions of this chapter.
History:
[72-1026, added 2010, ch. 136, sec. 1, p. 290.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 11 - PEACE OFFICER AND DETENTION OFFICER TEMPORARY DISABILITY ACT › Section 72-1101 - LEGISLATIVE INTENT.

72-1101. LEGISLATIVE INTENT. The purpose of this chapter is to provide a full salary to employees in certain dangerous occupations who have been injured on the job. The legislature finds that the rights and protections provided to peace officers and detention officers under this chapter constitute matters of statewide concern. Since these officers are employed in dangerous conditions, it is necessary that this chapter be applicable to all such officers wherever situated within the state of Idaho. In addition to the provisions of this chapter, state and local law enforcement agencies may provide additional monetary protections for their employees.
History:
[72-1101, added 2007, ch. 365, sec. 1, p. 1098.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 11 - PEACE OFFICER AND DETENTION OFFICER TEMPORARY DISABILITY ACT › Section 72-1102 - SHORT TITLE.

72-1102. SHORT TITLE. This chapter shall be known and may be cited as the "Peace Officer and Detention Officer Temporary Disability Act."
History:
[72-1102, added 2007, ch. 365, sec. 1, p. 1099.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 11 - PEACE OFFICER AND DETENTION OFFICER TEMPORARY DISABILITY ACT › Section 72-1103 - DEFINITIONS.

72-1103. DEFINITIONS. As used in this chapter, unless the context requires otherwise:
(1) "Detention officer" means an employee in a county jail who is responsible for the safety, care, protection and monitoring of county jail inmates; and
(2) "Peace officer" means any employee of a police or other law enforcement agency that is a part of or administered by the state or any political subdivision thereof who has the duty to arrest and whose duties include the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of this state or any political subdivision of this state and shall include, but not be limited to, appointed chiefs, elected sheriffs, and fish and game officers.
History:
[72-1103, added 2007, ch. 365, sec. 1, p. 1099.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 11 - PEACE OFFICER AND DETENTION OFFICER TEMPORARY DISABILITY ACT › Section 72-1104 - COMPENSATION AND COSTS.

72-1104. COMPENSATION AND COSTS. On and after July 1, 2008, and subject to available funds in the peace officer and detention officer temporary disability fund established in section 72-1105, Idaho Code:
(1) Any peace officer or detention officer employed by the state of Idaho or any city or county thereof who is injured in the performance of his or her duties:
(a) When responding to an emergency; or
(b) When in the pursuit of an actual or suspected violator of the law; or
(c) When the injury is caused by the actions of another person,
and by reason thereof is temporarily incapacitated from performing his or her duties and qualifies for worker’s compensation wage loss benefits under title 72, Idaho Code, shall be paid his or her full rate of base salary, as fixed by the state or by applicable ordinance or resolution, until the temporary disability arising from such injury has ceased. The employer shall withhold, collect and pay income tax on the salary paid to the employee as required by chapter 30, title 63, Idaho Code. Determinations and any disputes regarding entitlement to benefits under this chapter shall be decided by the industrial commission in accordance with the provisions of title 72, Idaho Code, and commission rules.
(2) During the period for which the salary for temporary incapacity shall be paid by the employer, any worker’s compensation received or collected by the employee shall be remitted to the state or to the respective city or county, as applicable, and paid into the treasury thereof. In addition, the employer shall be reimbursed for any remaining amount of salary not covered by such worker’s compensation by application to the peace officer and detention officer temporary disability fund, as established in section 72-1105, Idaho Code, pursuant to rules adopted by the industrial commission; provided however, that any such reimbursement from the fund shall continue only during such period as the employee qualifies for worker’s compensation wage loss benefits under title 72, Idaho Code.
History:
[72-1104, added 2007, ch. 365, sec. 1, p. 1099; am. 2012, ch. 186, sec. 1, p. 490.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 11 - PEACE OFFICER AND DETENTION OFFICER TEMPORARY DISABILITY ACT › Section 72-1105 - FUND ESTABLISHED — FINES — DISPOSITION.

72-1105. FUND ESTABLISHED — FINES — DISPOSITION. (1) The peace officer and detention officer temporary disability fund is hereby created in the state treasury and shall be administered by the industrial commission for the purpose of providing a full rate of salary for any peace officer or detention officer who is injured while engaged in those activities as provided in section 72-1104, Idaho Code, and is thereby temporarily incapacitated from performing his or her duties. Moneys shall be paid into the fund as provided by law and shall consist of fines collected pursuant to subsection (2) of this section, appropriations, gifts, grants, donations and income from any other source. Moneys in the fund may be appropriated only for the purposes of this chapter, which shall include administrative expenses. The treasurer shall invest all idle moneys in the fund. Any interest earned on the investment of idle moneys shall be returned to the fund.
(2) In addition to any other fine that may be imposed upon each person found guilty of criminal activity, the court shall impose a fine in the amount of three dollars ($3.00) for each conviction or finding of guilt of each felony or misdemeanor count, for each conviction or finding of guilt of an infraction under section 18-8001 or 49-301, Idaho Code, or for each conviction or finding of guilt of a first-time infraction under section 23-604 or 23-949, Idaho Code, unless the court orders that such fine be waived only when the defendant is indigent and at the time of sentencing shows good cause for inability to pay and written findings to that effect are entered by the court.
(3) Notwithstanding the provisions of section 19-4705, Idaho Code, the fines imposed under this section shall be paid into the peace officer and detention officer temporary disability fund.
History:
[72-1105, added 2007, ch. 365, sec. 1, p. 1099; am. 2016, ch. 344, sec. 11, p. 996; am. 2018, ch. 189, sec. 4, p. 416; am. 2018, ch. 298, sec. 10, p. 714.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 12 - WORKFORCE DEVELOPMENT COUNCIL › Section 72-1201 - CREATION OF WORKFORCE DEVELOPMENT COUNCIL — COMPOSITION — APPOINTMENT — EXECUTIVE DIRECTOR.

72-1201. CREATION OF WORKFORCE DEVELOPMENT COUNCIL — COMPOSITION — APPOINTMENT — EXECUTIVE DIRECTOR. (1) There is hereby established in the executive office of the governor the workforce development council. Members of the council and an executive director shall be appointed by and serve at the pleasure of the governor. The governor shall prescribe the structure, duties and functions of the council, which shall include but not be limited to the following:
(a) To serve as the state’s coordinating body on matters related to workforce development policy and programs;
(b) To develop and provide oversight of procedures, criteria and performance measures for the workforce development training fund established under section 72-1203, Idaho Code; and
(c) To serve as the state workforce investment board in accordance with section 101 of the federal workforce innovation and opportunity act, 29 U.S.C. 3101 et seq., as amended, and federal regulations promulgated thereunder.
(2) The council may appoint special committees in connection with this section.
(3) The council may apply for and accept grants and contributions of funds from any public or private source.
(4) The executive director is authorized to hire and supervise support staff consistent with the mission and priorities of the council. The executive director shall be a nonclassified employee exempt from the provisions of chapter 53, title 67, Idaho Code. Support staff shall be classified employees under the provisions of chapter 53, title 67, Idaho Code.
(5) Members of the council and any special committees who are not state employees shall be compensated for actual and necessary expenses as provided by section 59-509(b), Idaho Code.
History:
[72-1201, added 2018, ch. 47, sec. 1, p. 119.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 12 - WORKFORCE DEVELOPMENT COUNCIL › Section 72-1202 - YOUTH EMPLOYMENT AND JOB TRAINING PROGRAMS.

72-1202. YOUTH EMPLOYMENT AND JOB TRAINING PROGRAMS. (1) Subject to the availability of funds from public and private sources, the council shall develop and implement youth employment and job training programs to increase employment opportunities for Idaho’s youth.
(2) The council shall establish eligibility criteria for participants. At a minimum, participants shall be lawful residents of the United States and the state of Idaho, and eligibility criteria shall not render employment and job training programs ineligible for federal funding.
(3) To the extent practicable, the council shall enlist state and federal agencies, local governments, nonprofit organizations, private businesses and any combination of such entities to act as sponsors for programs administered pursuant to this section. Selection of sponsors shall be based on criteria that include the availability of other resources on a matching basis, including contributions from private sources, other federal, state and local agencies, and moneys available through the federal workforce innovation and opportunity act, 29 U.S.C. 3101 et seq., as amended.
History:
[72-1202, added 2018, ch. 47, sec. 1, p. 119; am. 2022, ch. 120, sec. 1, p. 432.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 12 - WORKFORCE DEVELOPMENT COUNCIL › Section 72-1204 - IDAHO LAUNCH GRANT PROGRAM AND IN-DEMAND CAREERS FUND — DEFINITIONS.

72-1204. IDAHO LAUNCH GRANT PROGRAM AND IN-DEMAND CAREERS FUND — DEFINITIONS. [EFFECTIVE UNTIL JULY 1, 2029] (1) As used in this section through section 72-1206, Idaho Code:
(a) "Board" means the state board of education.
(b) "Council" means the workforce development council established in this chapter.
(c) "Eligible adult learner" means an Idaho resident who is pursuing education or training for an in-demand career.
(d) "Eligible education expenses" means student tuition and fees at an eligible institution; however, in no case shall the council reimburse more than eighty percent (80%) of a program’s total tuition and fees or more than eight thousand dollars ($8,000), whichever is less.
(e) "Eligible institution" means a training provider as recognized by the council under the workforce innovation and opportunity act or the workforce development training fund. Eligible institution also means a board of trustees of a community college established pursuant to the provisions of chapter 21, title 33, Idaho Code.
(f) "Eligible student" means a student who:
(i) Is an Idaho resident;
(ii) Will graduate from an accredited high school or its equivalent in Idaho as determined by the board beginning with the spring 2024 graduating class;
(iii) Has enrolled in or applied to an eligible institution and begins enrollment in the fall semester following graduation, unless the council grants an extension for extenuating circumstances such as those outlined in section 72-1205, Idaho Code; and
(iv) Has used next steps Idaho or an equivalent career exploration program accepted by the council and has completed a career pathway plan that meets the minimum requirements established by the council.
(g) "Grant" means an amount to be determined by the council that shall not exceed eight thousand dollars ($8,000) per eligible student.
(h) "Grant distribution platform" means a digital platform through which grant funds are transferred from the council to the account of a participant to be used for eligible education expenses.
(i) "In-demand careers" means careers that have a high number of openings in Idaho or an expected high rate of growth in Idaho. In-demand careers are to be determined annually by the council based on job market data and shall be submitted annually in a report to the legislature by January 1.
(j) "Participant" means an Idaho resident for whom a grant is awarded under section 72-1205, Idaho Code, and who has met the minimum academic standards of, and has been accepted into, an eligible institution.
(k) "Program" means the Idaho launch grant program established by section 72-1205, Idaho Code.
(l) "Resident" means an individual meeting legal residency requirements as defined in section 33-3717B, Idaho Code.
(2) The provisions of this section shall be null, void, and of no force and effect on and after July 1, 2029.
History:
[72-1204, added 2023, ch. 174, sec. 2, p. 463; am. 2023, ch. 272, sec. 2, p. 817.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 12 - WORKFORCE DEVELOPMENT COUNCIL › Section 72-1206 - IN-DEMAND CAREERS FUND.

72-1206. IN-DEMAND CAREERS FUND. (1) There is hereby established in the state treasury the in-demand careers fund.
(2) Moneys in the in-demand careers fund are subject to legislative appropriation and shall consist of the following:
(a) Legislative appropriations;
(b) Donations and contributions made to the fund;
(c) Interest earned on idle moneys in the fund;
(d) Moneys transferred pursuant to section 63-3638(17), Idaho Code;
(e) Moneys reverted or repaid to the fund pursuant to section 72-1205, Idaho Code; and
(f) Moneys transferred pursuant to section 33-4602(14), Idaho Code.
(3) The in-demand careers fund shall be used to award grants as outlined in section 72-1205, Idaho Code.
(4) When the available appropriation in a fiscal year exceeds participants, the council may use excess moneys as follows:
(a) Up to ten million dollars ($10,000,000) of the remaining appropriation may be used to provide enhanced grant funding to either eligible students or eligible adult learners based upon the following conditions:
(i) If potential awards from the council exceed available funding from the enhanced grants, awards shall be prioritized first based on the pursuit of in-demand careers; and
(ii) If, following the prioritization provided for in subparagraph (i) of this paragraph, additional moneys remain for awards, prioritization shall then be based on financial need.
(b) The remaining appropriation shall be retained in the fund and be subject to legislative appropriation in subsequent legislative sessions for the purposes of expanding in-demand career training opportunities.
(5) By January 1 each year, the council shall report sufficient data to the legislature regarding:
(a) The number and demographics of eligible students applying for grants;
(b) The number and type of eligible institutions approved by the council;
(c) The list of in-demand careers prioritized by the council;
(d) The number of grants awarded and demographics of participants; and
(e) Data to demonstrate the effectiveness of the program, including but not limited to program completion rates, satisfactory academic progress, job placement rates, and retention rates of participants in Idaho upon program completion.
History:
[(72-1206) 33-4305, added 2022, 1st E.S., ch. 1, sec. 13, p. 15; am. and redesig. 2023, ch. 174, sec. 4, p. 464; am. 2023, ch. 272, sec. 4, p. 819.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 13 - EMPLOYMENT SECURITY LAW › Section 72-1301 - SHORT TITLE.

72-1301. SHORT TITLE. This act shall be known as the "Employment Security Law."
History:
[72-1301, added 1947, ch. 269, sec. 1, p. 793; am. 1949, ch. 144, sec. 1, p. 252; am. 1998, ch. 1, sec. 1, p. 6.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 13 - EMPLOYMENT SECURITY LAW › Section 72-1302 - DECLARATION OF STATE PUBLIC POLICY.

72-1302. DECLARATION OF STATE PUBLIC POLICY. The public policy of this state is as follows: Economic insecurity due to unemployment is a serious threat to the well-being of our people. Unemployment is a subject of national and state concern. This chapter addresses this problem by encouraging employers to offer stable employment and by systematically accumulating funds during periods of employment to pay benefits for periods of unemployment. The legislature declares that the general welfare of our citizens requires the enactment of this measure and sets aside unemployment reserves to be used for workers who are unemployed through no fault of their own.
History:
[72-1302, added 1947, ch. 269, sec. 2, p. 793; am. 1949, ch. 144, sec. 2, p. 252; am. 1998, ch. 1, sec. 2, p. 6.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 13 - EMPLOYMENT SECURITY LAW › Section 72-1303 - DEFINITIONS.

72-1303. DEFINITIONS. Unless the context clearly requires otherwise, these terms shall have the following meanings when used in this chapter.
History:
[72-1303, added 1947, ch. 269, sec. 3, p. 793; am. 1949, ch. 144, sec. 3, p. 252; am. 1998, ch. 1, sec. 3, p. 6.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 13 - EMPLOYMENT SECURITY LAW › Section 72-1304 - AGRICULTURAL LABOR.

72-1304. AGRICULTURAL LABOR. (1) "Agricultural labor" means all services performed:
(a) On a farm, in the employ of any person in connection with cultivating the soil, or raising or harvesting any agricultural, aquacultural or horticultural commodities, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, fish, poultry, furbearers, and wildlife;
(b) In the employ of the owner or tenant or other operator of a farm in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane if the major part of such service is performed on a farm;
(c) In connection with the operation or maintenance of ditches, canals, reservoirs, or waterways not owned or operated for profit and used exclusively for supplying and storing water, at least ninety percent (90%) of which was ultimately delivered for agricultural purposes during the preceding calendar year; and
(d) In the employ of any farm operator or group of operators, organized or unorganized, in handling, planting, drying, packing, packaging, eviscerating, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market in its unmanufactured state any agricultural, aquacultural or horticultural commodities, if such operator or group, in both the current and preceding calendar years, produced more than one-half (1/2) of the commodities with respect to which such service is performed.
This subsection is not applicable to services performed in commercial canning, freezing, or dehydrating, or in connection with any agricultural, aquacultural or horticultural commodity after its delivery to a terminal market for distribution for consumption.
(2) "Custom farming" means "agricultural labor" for the purposes of this chapter.
(3) "Farm" includes stock, dairy, fish, poultry, fruit, furbearer and truck farms, plantations, ranches, nurseries, hatcheries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural, aquacultural or horticultural commodities, and orchards.
(4) "Unmanufactured state" means retention of its original form and substance.
(5) "Terminal market" means a place of business to which products are shipped in a sorted, graded, packaged condition, ready for immediate sale.
History:
[72-1304, added 1947, ch. 269, sec. 4, p. 793; am. 1949, ch. 144, sec. 4, p. 252; am. 1951, ch. 235, sec. 1, p. 472; am. 1971, ch. 142, sec. 1, p. 595; am. 1972, ch. 344, sec. 1, p. 998; am. 1973, ch. 257, sec. 1, p. 508; am. 1981, ch. 254, sec. 1, p. 544; am. 1982, ch. 326, sec. 3, p. 809; am. 1996, ch. 63, sec. 1, p. 185; am. 1998, ch. 1, sec. 4, p. 6; am. 1998, ch. 83, sec. 1, p. 292; am. 2021, ch. 243, sec. 1, p. 751.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 13 - EMPLOYMENT SECURITY LAW › Section 72-1305 - ANNUAL PAYROLL.

72-1305. ANNUAL PAYROLL. "Annual payroll" means total payroll for a period of twelve (12) consecutive calendar months ending on June 30 of any year.
History:
[72-1305, added 1947, ch. 269, sec. 5, p. 793; am. 1949, ch. 144, sec. 5, p. 252; am. 1951, ch. 236, sec. 1, p. 482; am. 1998, ch. 1, sec. 5, p. 7.]