reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.033 - Protection of payments—Payment after death—Time limitations for filing—Confinement in institution.

RCW 7.68.033
Protection of payments—Payment after death—Time limitations for filing—Confinement in institution.
(1) Except as provided in RCW 43.20B.720, 72.09.111, 74.20A.260, and 51.32.380, no money paid or payable under this chapter shall, before the issuance and delivery of the payment, or disbursement of electronic funds or electronic payment, be assigned, charged, or taken in execution, attached, garnished, or pass or be paid to any other person by operation of law, any form of voluntary assignment, or power of attorney. Any such assignment or charge is void unless the transfer is to a financial institution at the request of a victim or other beneficiary and made in accordance with RCW 7.68.034.
(2)(a) If any victim suffers an injury and dies from it before he or she receives payment of any monthly installment covering financial support for lost wages for any period of time before his or her death, the amount of the monthly payment shall be paid to the surviving spouse or the child or children if there is no surviving spouse. If there is no surviving spouse and no child or children, the amount of the monthly payment shall be paid by the department and distributed consistent with the terms of the decedent's will or, if the decedent dies intestate, consistent with the terms of RCW 11.04.015.
(b) Any application for compensation under this subsection (2) shall be filed with the department within one year of the date of death. The department may satisfy its responsibilities under this subsection (2) by sending any payment due in the name of the decedent and to the last known address of the decedent.
(3) Any victim or beneficiary receiving benefits under this chapter who is subsequently confined in, or who subsequently becomes eligible for benefits under this chapter while confined in, any institution under conviction and sentence shall have all payments of the compensation canceled during the period of confinement. After discharge from the institution, payment of benefits due afterward shall be paid if the victim or beneficiary would, except for the provisions of this subsection (3), otherwise be eligible for them.
[ 2013 c 125 § 2; 2011 c 346 § 203.]
NOTES:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.034 - Direct deposit or electronic payment of benefits.

RCW 7.68.034
Direct deposit or electronic payment of benefits.
Any victim or other recipient of benefits under this chapter may elect to have any payments due paid by debit card or other electronic means or transferred to such person's account in a financial institution for either: (1) Credit to the recipient's account in such financial institution; or (2) immediate transfer therefrom to the recipient's account in any other financial institution. A single payment may be drawn in favor of such financial institution, for the total amount due the recipients involved, and written directions provided to such financial institution of the amount to be credited to the account of a recipient or to be transferred to an account in another financial institution for such recipient. The issuance and delivery by the disbursing officer of a payment in accordance with the procedure set forth in this section and proper endorsement thereof by the financial institution shall have the same legal effect as payment directly to the recipient.
For the purposes of this section, "financial institution" shall have the meaning given in RCW 41.04.240 as now or hereafter amended.
[ 2013 c 125 § 3; 2011 c 346 § 204.]
NOTES:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.045 - Crime victims' compensation account—Created.

RCW 7.68.045
Crime victims' compensation account—Created.
The crime victims' compensation account is created in the custody of the state treasurer. Expenditures from the account may be used only for the crime victims' compensation program under this chapter. Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2010 c 122 § 3.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.047 - Crime victim and witness assistance account.

RCW 7.68.047
Crime victim and witness assistance account.
(1) The state crime victim and witness assistance account is created in the state treasury. The account shall consist of funds appropriated by the legislature for comprehensive crime victim and witness programs under RCW 7.68.035. The purpose of the account is to mitigate to fiscal impact from the elimination of the crime victim penalty assessment on juveniles and indigent adults in chapter 449, Laws of 2023.
(2) Pursuant to appropriation, each quarter, the state treasurer must distribute moneys deposited in the state crime victim and witness assistance account to counties on the basis of each county's distribution factor under RCW 82.14.310.
(3) Counties may expend moneys distributed under this section only for purposes specified in RCW 7.68.035.
[ 2023 c 449 § 2.]
NOTES:
Effective date—2023 c 449: See note following RCW 13.40.058.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.061 - Who not entitled to compensation.

RCW 7.68.061
Who not entitled to compensation.
If injury or death results to a victim from the deliberate intention of the victim himself or herself to produce such injury or death, or while the victim is engaged in the attempt to commit, or the commission of, a felony, neither the victim nor the widow, widower, child, or dependent of the victim shall receive any payment under this chapter.
If injury or death results to a victim from the deliberate intention of a beneficiary of that victim to produce the injury or death, or if injury or death results to a victim as a consequence of a beneficiary of that victim engaging in the attempt to commit, or the commission of, a felony, the beneficiary shall not receive any payment under this chapter.
If injury or death results to a minor victim from the deliberate intention of a legal guardian or custodian of the minor victim to produce the injury or death, or if injury or death results to a minor victim as a consequence of a legal guardian or custodian of the minor victim engaging in an attempt to commit, or the commission of, a felony, the legal guardian or custodian shall not receive any payment under this chapter.
An invalid child, while being supported and cared for in a state institution, shall not receive compensation under this chapter.
No payment shall be made to or for a natural child of a deceased victim and, at the same time, as the stepchild of a deceased victim.
[ 2020 c 308 § 2; 2011 c 346 § 305.]
NOTES:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.062 - Application for compensation—Treating provider shall provide assistance.

RCW 7.68.062
Application for compensation—Treating provider shall provide assistance.
(1)(a) Where a victim is eligible for compensation under this chapter he or she shall file with the department his or her application for such, together with the certificate of the treating provider who attended him or her. An application for compensation form developed by the department shall include a notice specifying the victim's right to receive health services from a treating provider utilizing his or her private or public insurance or if no insurance, of the victim's choice under RCW 7.68.095.
(b) The treating provider who attended the injured victim shall inform the injured victim of his or her rights under this chapter and lend all necessary assistance in making this application for compensation and such proof of other matters as required by the rules of the department without charge to the victim.
(2) If the application required by this section is filed on behalf of the victim by the treating provider who attended the victim, the treating provider may transmit the application to the department electronically.
[ 2017 c 235 § 4; 2011 c 346 § 302.]
NOTES:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.063 - Beneficiaries' application for compensation.

RCW 7.68.063
Beneficiaries' application for compensation.
Where death results from injury the parties eligible for compensation under this chapter, or someone in their behalf, shall make application for the same to the department, which application must be accompanied with proof of death and proof of relationship showing the parties to be eligible for compensation under this chapter, certificates of attending physician or licensed advanced registered nurse practitioner, if any, and such proof as required by the rules of the department.
[ 2011 c 346 § 303.]
NOTES:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.064 - Application for change in compensation.

RCW 7.68.064
Application for change in compensation.
If change of circumstances warrants an increase or rearrangement of compensation, like application shall be made therefor. Where the application has been granted, compensation and other benefits if in order shall be allowed for periods of time up to sixty days prior to the receipt of such application.
[ 2011 c 346 § 304.]
NOTES:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.066 - Medical examinations required by department—Medical bureau—Disputes.

RCW 7.68.066
Medical examinations required by department—Medical bureau—Disputes.
(1) The department may require that the victim present himself or herself for a special medical examination by a physician or physicians selected by the department, and the department may require that the victim present himself or herself for a personal interview. The costs of the examination or interview, including payment of any reasonable travel expenses, shall be paid by the department as part of the victim's total claim under RCW 7.68.070(1).
(2) The director may establish a medical bureau within the department to perform medical examinations under this section.
(3) Where a dispute arises from the handling of any claim before the condition of the injured victim becomes fixed, the victim may request the department to resolve the dispute or the director may initiate an inquiry on his or her own motion. In these cases, the department shall proceed as provided in this section and an order shall issue in accordance with RCW 51.52.050.
[ 2011 c 346 § 205.]
NOTES:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.071 - Determination of permanent total disability.

RCW 7.68.071
Determination of permanent total disability.
(1) Benefits for permanent total disability shall be determined under the director's supervision, only after the injured victim's condition becomes fixed.
(2) All determinations of permanent total disabilities shall be made by the department. The victim may make a request or the inquiry may be initiated by the director. Determinations shall be required in every instance where permanent total disability is likely to be present.
(3) A request for determination of permanent total disability shall be examined by the department, and the department shall issue an order in accordance with RCW 51.52.050.
[ 2011 c 346 § 403.]
NOTES:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.072 - Aggravation, diminution, or termination of disability.

RCW 7.68.072
Aggravation, diminution, or termination of disability.
(1) If aggravation, diminution, or termination of disability takes place, the director may, upon the application of the beneficiary, made within seven years from the date the first closing order becomes final, or at any time upon his or her own motion, readjust the rate of compensation in accordance with the rules in this section provided for the same, or in a proper case terminate the payment. The director may, upon application of the victim made at any time, provide proper and necessary medical and surgical services as authorized under RCW 7.68.095.
(2) "Closing order" as used in this section means an order based on factors which include medical recommendation, advice, examination, or the maximum benefit has been met.
[ 2011 c 346 § 404.]
NOTES:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.074 - Compensation for loss of or damage to clothing or footwear.

RCW 7.68.074
Compensation for loss of or damage to clothing or footwear.
Victims otherwise eligible for compensation under this chapter may also claim compensation for loss of or damage to the victim's personal clothing or footwear incurred in the course of emergency medical treatment for injuries.
[ 2011 c 346 § 406.]
NOTES:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.075 - Marital status—Payment for or on account of children.

RCW 7.68.075
Marital status—Payment for or on account of children.
Under this chapter, the marital status of all victims shall be deemed to be fixed as of the date of the criminal act. All references to the child or children living or conceived of the victim in this chapter shall be deemed to refer to such child or children as of the date of the criminal act unless the context clearly indicates the contrary.
Payments for or on account of any such child or children shall cease when such child is no longer a "child" or on the death of any such child whichever occurs first.
Payments to the victim or surviving spouse for or on account of any such child or children shall be made only when the victim or surviving spouse has legal custody of any such child or children. Where the victim or surviving spouse does not have such legal custody any payments for or on account of any such child or children shall be made to the person having legal custody of such child or children and the amount of payments shall be subtracted from the payments which would have been due the victim or surviving spouse had legal custody not been transferred to another person. It shall be the duty of any person or persons receiving payments because of legal custody of any child to immediately notify the department of any change in such legal custody.
[ 2011 c 346 § 207; 1977 ex.s. c 302 § 6; 1975 1st ex.s. c 176 § 9.]
NOTES:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.076 - Proof of contribution made by deceased victim.

RCW 7.68.076
Proof of contribution made by deceased victim.
A beneficiary shall at all times furnish the department with proof satisfactory to the director of the nature, amount, and extent of the contribution made by the deceased victim.
[ 2011 c 346 § 407.]
NOTES:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.077 - Nonresident alien beneficiary.

RCW 7.68.077
Nonresident alien beneficiary.
Except as otherwise provided by treaty or this chapter, whenever compensation is payable to a beneficiary who is an alien not residing in the United States, the department shall pay the compensation to which a resident beneficiary is eligible under this chapter. But if a nonresident alien beneficiary is a citizen of a government having a compensation law which excludes citizens of the United States, either resident or nonresident, from partaking of the benefit of such law in as favorable a degree as herein extended to nonresident aliens, he or she shall receive no compensation. No payment shall be made to any beneficiary residing in any country with which the United States does not maintain diplomatic relations when such payment is due.
[ 2011 c 346 § 306.]
NOTES:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.085 - Cap on medical benefits—Alternative programs.

RCW 7.68.085
Cap on medical benefits—Alternative programs.
The director of labor and industries shall institute a cap on medical benefits of one hundred fifty thousand dollars per injury or death.
For the purposes of this section, an individual will not be required to use his or her assets other than funds recovered as a result of a civil action or criminal restitution, for medical expenses or pain and suffering, in order to qualify for an alternative source of payment.
The director shall, in cooperation with the department of social and health services, establish by October 1, 1989, a process to aid crime victims in identifying and applying for appropriate alternative benefit programs, if any, administered by the department of social and health services.
[ 2011 c 346 § 502; (2010 c 122 § 2 expired July 1, 2015); 2009 c 479 § 9; 1990 c 3 § 504; 1989 1st ex.s. c 5 § 3.]
NOTES:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.
Effective date, application—Expiration date—2010 c 122 §§ 1 and 2: See notes following RCW 7.68.070.
Effective date—2009 c 479: See note following RCW 2.56.030.
Application—Transition plans—1989 1st ex.s. c 5 § 3: "The cap on medical benefits established by section 3 of this act shall apply equally to current and future recipients of crime victims' compensation benefits. The director shall prepare individual transition plans for individuals who exceed the medical benefit cap on July 1, 1989. The transition plans must be completed within ninety days of July 1, 1989." [ 1989 1st ex.s. c 5 § 4.]
Severability—Application—Effective dates—1989 1st ex.s. c 5: See notes following RCW 7.68.015.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.090 - Establishment of funds.

RCW 7.68.090
Establishment of funds.
The director shall establish such fund or funds, separate from existing funds, necessary to administer this chapter, and payment to these funds shall be from legislative appropriation, statutory provision, reimbursement and subrogation as provided in this chapter, and from any contributions or grants specifically so directed.
[ 1995 c 234 § 3; 1973 1st ex.s. c 122 § 9.]
NOTES:
Finding—1995 c 234: See note following RCW 72.09.095.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.092 - Health care professionals to maintain proper credentials and educational standards—Standards for treatment.

RCW 7.68.092
Health care professionals to maintain proper credentials and educational standards—Standards for treatment.
Health care professionals providing treatment or services to crime victims shall maintain all proper credentials and educational standards as required by law, and be registered with the department of health. The crime victims' compensation program does not pay for experimental or controversial treatment. Treatment shall be evidence-based and curative.
[ 2011 c 346 § 504.]
NOTES:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.093 - Medical examinations—Department to monitor quality and objectivity.

RCW 7.68.093
Medical examinations—Department to monitor quality and objectivity.
The department shall examine the credentials of persons conducting special medical examinations and shall monitor the quality and objectivity of examinations and reports. The department shall adopt rules to ensure that examinations are performed only by qualified persons meeting department standards.
[ 2011 c 346 § 505.]
NOTES:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.094 - Medical examinations—Refusal to submit—Travel expenses—Compensation for time lost.

RCW 7.68.094
Medical examinations—Refusal to submit—Travel expenses—Compensation for time lost.
(1) Any victim eligible to receive any benefits or claiming such under this title shall, if requested by the department submit himself or herself for medical examination, at a time and from time to time, at a place reasonably convenient for the victim as may be provided by the rules of the department. An injured victim, whether an alien or other injured victim, who is not residing in the United States at the time that a medical examination is requested may be required to submit to an examination at any location in the United States determined by the department.
(2) If the victim refuses to submit to medical examination, or obstructs the same, or, if any injured victim shall persist in unsanitary or injurious practices which tend to imperil or retard his or her recovery, or shall refuse to submit to such medical or surgical treatment as is reasonably essential to his or her recovery does not cooperate in reasonable efforts at such rehabilitation, the department may suspend any further action on any claim of such victim so long as such refusal, obstruction, noncooperation, or practice continues and thus, the department may reduce, suspend, or deny any compensation for such period. The department may not suspend any further action on any claim of a victim or reduce, suspend, or deny any compensation if a victim has good cause for refusing to submit to or to obstruct any examination, evaluation, treatment, or practice requested by the department or required under this section.
(3) If the victim necessarily incurs traveling expenses in attending the examination pursuant to the request of the department, such traveling expenses shall be repaid to him or her upon proper voucher and audit.
(4) If the medical examination required by this section causes the victim to be absent from his or her work without pay, the victim shall be paid compensation in an amount equal to his or her usual wages for the time lost from work while attending the medical examination when the victim is insured by the department.
[ 2011 c 346 § 506.]
NOTES:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.095 - Extent and duration of treatment.

RCW 7.68.095
Extent and duration of treatment.
Upon the occurrence of any injury to a victim eligible for compensation under the provisions of this chapter, he or she shall receive proper and necessary medical and surgical services using his or her private or public insurance or if no insurance, using a provider of his or her own choice. In all accepted claims, treatment shall be limited in point of duration as follows:
(1) No treatment shall be provided once the victim has received the maximum compensation under this chapter.
(2) In case of temporary disability, treatment shall not extend beyond the time when monthly allowances to him or her shall cease. After any injured victim has returned to his or her work, his or her medical and surgical treatment may be continued if, and so long as, such continuation is determined by the director to be necessary to his or her recovery, and as long as the victim has not received the maximum compensation under this chapter.
[ 2011 c 346 § 507.]
NOTES:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.096 - Medical providers—Failure to report or comply as required.

RCW 7.68.096
Medical providers—Failure to report or comply as required.
Any medical provider who fails, neglects, or refuses to file a report with the director, as required by this chapter, within five days of the date of treatment, showing the condition of the injured victim at the time of treatment, a description of the treatment given, and an estimate of the probable duration of the injury, or who fails or refuses to render all necessary assistance to the injured victim, as required by this chapter, shall be subject to a civil penalty determined by the director but not to exceed two hundred fifty dollars. The amount shall be paid into the crime victims' compensation account.
[ 2011 c 346 § 508.]
NOTES:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.101 - Duties of attending physician or licensed advanced registered nurse practitioner—Medical information.

RCW 7.68.101
Duties of attending physician or licensed advanced registered nurse practitioner—Medical information.
Physicians or licensed advanced registered nurse practitioners examining or attending injured victims under this chapter shall comply with rules and regulations adopted by the director, and shall make such reports as may be requested by the department upon the condition or treatment of any such victim, or upon any other matters concerning such victims in their care. Except under RCW 49.17.210 and 49.17.250, all medical information in the possession or control of any person and relevant to the particular injury in the opinion of the department pertaining to any victim whose injury is the basis of a claim under this chapter shall be made available at any stage of the proceedings to the claimant's representative and the department upon request, and no person shall incur any legal liability by reason of releasing such information.
[ 2011 c 346 § 307.]
NOTES:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.110 - Appeals.

RCW 7.68.110
Appeals.
The provisions contained in chapter 51.52 RCW relating to appeals shall govern appeals under this chapter: PROVIDED, That no provision contained in chapter 51.52 RCW concerning employers as parties to any settlement, appeal, or other action shall apply to this chapter: PROVIDED FURTHER, That appeals taken from a decision of the board of industrial insurance appeals under this chapter shall be governed by the provisions relating to judicial review of administrative decisions contained in RCW 34.05.510 through 34.05.598, and the department shall have the same right of review from a decision of the board of industrial insurance appeals as does the claimant: PROVIDED FURTHER, That the time in which to file a protest or appeal from any order, decision, or award under this chapter shall be ninety days from the date the order, decision, or award is communicated to the parties.
[ 1997 c 102 § 1; 1989 c 175 § 40; 1977 ex.s. c 302 § 7; 1975 1st ex.s. c 176 § 5; 1973 1st ex.s. c 122 § 11.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.111 - Payment of compensation after appeal—Enforcement of order—Penalty.

RCW 7.68.111
Payment of compensation after appeal—Enforcement of order—Penalty.
(1)(a) If the victim or beneficiary in a claim prevails in an appeal by any party to the board of industrial insurance appeals or the court, the department shall comply with the board of industrial insurance appeals or court's order with respect to the payment of compensation within the later of the following time periods:
(i) Sixty days after the compensation order has become final and is not subject to review or appeal; or
(ii) If the order has become final and is not subject to review or appeal and the department has, within the period specified in (a)(i) of this subsection, requested the filing by the victim or beneficiary of documents necessary to make payment of compensation, sixty days after all requested documents are filed with the department.
The department may extend the sixty-day time period for an additional thirty days for good cause.
(b) If the department fails to comply with (a) of this subsection, any person eligible for compensation under the order may institute proceedings for injunctive or other appropriate relief for enforcement of the order. These proceedings may be instituted in the superior court for the county in which the claimant resides, or, if the claimant is not then a resident of this state, in the superior court for Thurston county.
(2) In a proceeding under this section, the court shall enforce obedience to the order by proper means, enjoining compliance upon the person obligated to comply with the compensation order. The court may issue such writs and processes as are necessary to carry out its orders and may award a penalty of up to one thousand dollars to the person eligible for compensation under the order.
(3) A proceeding under this section does not preclude other methods of enforcement provided for in this chapter.
[ 2017 c 235 § 7; 2011 c 346 § 601.]
NOTES:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.126 - Recovery of overpayments.

RCW 7.68.126
Recovery of overpayments.
Notwithstanding any other provisions of law, any overpayments previously recovered under the provisions of RCW 7.68.073 as now or hereafter amended shall be limited to six months' overpayments. Where greater recovery has already been made, the director, in his or her discretion, may make restitution in those cases where an extraordinary hardship has been created.
[ 2011 c 346 § 702.]
NOTES:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.130 - Public or private insurance—Attorneys' fees and costs of victim.

RCW 7.68.130
Public or private insurance—Attorneys' fees and costs of victim.
(1) Benefits payable pursuant to this chapter shall be reduced by the amount of any other public or private insurance available, less a proportionate share of reasonable attorneys' fees and costs, if any, incurred by the victim in obtaining recovery from the insurer. Calculation of a proportionate share of attorneys' fees and costs shall be made under the formula established in RCW 7.68.050 (9) through (14). The department or the victim may require court approval of costs and attorneys' fees or may petition a court for determination of the reasonableness of costs and attorneys' fees.
(2) Benefits payable after 1980 to victims injured or killed before 1980 shall be reduced by any other public or private insurance including but not limited to social security.
(3) Payment by the department under this chapter shall be secondary to other insurance benefits, notwithstanding the provision of any contract or coverage to the contrary. In the case of private life insurance proceeds, the first forty thousand dollars of the proceeds shall not be considered for purposes of any reduction in benefits.
(4) If the department determines that a victim is likely to be eligible for other public insurance or support services, the department may require the applicant to apply for such services before awarding benefits under RCW 7.68.070. If the department determines that a victim shall apply for such services and the victim refuses or does not apply for those services, the department may deny any further benefits under this chapter. The department may require an applicant to provide a copy of their determination of eligibility before providing benefits under this chapter.
(5) Before payment of benefits will be considered victims shall use their private insurance coverage.
(6) For the purposes of this section, the collection methods available under RCW 7.68.125(5) apply.
[ 2011 c 346 § 703; 1995 c 33 § 3; 1985 c 443 § 16; 1980 c 156 § 4; 1977 ex.s. c 302 § 8; 1973 1st ex.s. c 122 § 13.]
NOTES:
Intent—Retroactive application—Effective date—2011 c 346: See notes following RCW 7.68.020.
Severability—Effective date—1985 c 443: See notes following RCW 7.69.010.
Legislative intent—"Public or private insurance"—1980 c 156: See note following RCW 7.68.020.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.140 - Confidentiality.

RCW 7.68.140
Confidentiality.
Information contained in the claim files and records of victims, under the provisions of this chapter, shall be deemed confidential and shall not be open to public inspection: PROVIDED, That, except as limited by state or federal statutes or regulations, such information may be provided to public employees in the performance of their official duties: PROVIDED FURTHER, That except as otherwise limited by state or federal statutes or regulations a claimant or a representative of a claimant, be it an individual or an organization, may review a claim file or receive specific information therefrom upon the presentation of the signed authorization of the claimant: PROVIDED FURTHER, That physicians treating or examining victims claiming benefits under this chapter or physicians giving medical advice to the department regarding any claim may, at the discretion of the department and as not otherwise limited by state or federal statutes or regulations, inspect the claim files and records of such victims, and other persons may, when rendering assistance to the department at any stage of the proceedings on any matter pertaining to the administration of this chapter, inspect the claim files and records of such victims at the discretion of the department and as not otherwise limited by state or federal statutes or regulations.
[ 1997 c 310 § 1; 1975 1st ex.s. c 176 § 6; 1973 1st ex.s. c 122 § 14.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.145 - Release of information in performance of official duties.

RCW 7.68.145
Release of information in performance of official duties.
Notwithstanding any other provision of law, all law enforcement, criminal justice, or other governmental agencies, or hospital; any physician or other practitioner of the healing arts; or any other organization or person having possession or control of any investigative or other information pertaining to any alleged criminal act or victim concerning which a claim for benefits has been filed under this chapter, shall, upon request, make available to and allow the reproduction of any such information by the section of the department administering this chapter or other public employees in their performance of their official duties under this chapter.
No person or organization, public or private, shall incur any legal liability by reason of releasing any such information to the director of labor and industries or the section of the department which administers this chapter or other public employees in the performance of their official duties under this chapter.
[ 1975 1st ex.s. c 176 § 7.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.150 - Benefits, payments and costs to be funded and accounted for separately.

RCW 7.68.150
Benefits, payments and costs to be funded and accounted for separately.
All benefits and payments made, and all administrative costs accrued, pursuant to this chapter shall be funded and accounted for separate from the other operations and responsibilities of the department.
[ 1973 1st ex.s. c 122 § 15.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.155 - Information on funding availability, payments, administrative costs—Posting on departmental website.

RCW 7.68.155
Information on funding availability, payments, administrative costs—Posting on departmental website.
(1) Within current funding levels, the department's crime victims' compensation program shall post on its public website a report that shows the following items:
(a) The total amount of current funding available in the crime victims' compensation fund;
(b) The total amount of funding disbursed to victims in the previous thirty days; and
(c) The total amount paid in overhead and administrative costs in the previous thirty days.
(2) The information listed in subsection (1) of this section must be posted and maintained on the department's website by July 1, 2010, and updated every thirty days thereafter.
[ 2010 c 122 § 7.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.160 - Claims of persons injured prior to effective date.

RCW 7.68.160
Claims of persons injured prior to effective date.
Any person who has been injured as a result of a "criminal act" as herein defined on or after January 1, 1972 up to July 1, 1974, who would otherwise be eligible for benefits under this chapter, may for a period of ninety days from July 1, 1974, file a claim for benefits with the department on a form provided by the department. The department shall investigate and review such claims, and, within two hundred ten days of July 1, 1974, shall report to the governor its findings and recommendations as to such claims, along with a statement as to what special legislative relief, if any, the department recommends should be provided.
[ 1986 c 158 § 2; 1973 1st ex.s. c 122 § 16.]
NOTES:
Effective date—1973 1st ex.s. c 122: See RCW 7.68.900 and note following.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.165 - Application of chapter to claims filed under RCW 7.68.160.

RCW 7.68.165
Application of chapter to claims filed under RCW 7.68.160.
The rights, privileges, responsibilities, duties, limitations and procedures contained in this chapter shall apply to those claims filed pursuant to RCW 7.68.160. In respect to such claims, the department shall proceed in the same manner and with the same authority as provided in this chapter with respect to those claims filed pursuant to RCW 7.68.060 as now or hereafter amended.
[ 1975 1st ex.s. c 176 § 10.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.170 - Examination costs of sexual assault victims paid by state.

RCW 7.68.170
Examination costs of sexual assault victims paid by state.
No costs incurred by a hospital or other emergency medical facility for the examination of the victim of a sexual assault, when such examination is performed for the purposes of gathering evidence for possible prosecution, shall be billed or charged directly or indirectly to the victim of such assault. Such costs shall be paid by the state pursuant to this chapter.
[ 1979 ex.s. c 219 § 11.]
NOTES:
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.175 - Examination costs of assault of a child victims paid by state.

RCW 7.68.175
Examination costs of assault of a child victims paid by state.
(1) No costs incurred by an institution as defined in RCW 26.44.020 for the examination of a suspected victim of assault of a child under chapter 9A.36 RCW may be billed or charged directly or indirectly to the suspected victim of the assault. Subject to the availability of amounts appropriated for this specific purpose, the department must pay all costs incurred by an institution as defined in RCW 26.44.020 for the examination of a suspected victim of assault of a child, provided that the cost of the examination would not otherwise be covered by the department.
(2) The department must notify the office of financial management and the fiscal committees of the legislature if it projects that the cost of services provided under this section exceeds the amount of funding provided by the legislature solely for the purposes of this section.
[ 2022 c 171 § 2.]
NOTES:
Findings—2022 c 171: "The legislature finds that the crime victims' compensation fund was established in 1973 to cover medical bills and other costs associated with being the victim of a crime. The legislature finds that state law requires the crime victims' compensation fund to pay the costs of sexual assault examinations of minors when they are performed to gather evidence for possible prosecution. The legislature finds that in 2015, the legislature passed Substitute Senate Bill No. 5897 to provide funding for medical evaluations of suspected child victims of physical abuse. The legislature finds that this law expired June 30, 2019, and was not extended in the omnibus operating appropriations act. The legislature recognizes that while sexual assault examinations are currently provided for by the crime victims' compensation fund, examinations for child victims of physical assault are not provided for. The legislature finds that medical examinations are important for children who may be victims of physical abuse. The legislature finds that contributing to the cost of these examinations will incentivize timely evaluations, lead to early identification of abuse, and potentially prevent a child from further traumatization or injury. The legislature therefore resolves to reenact the provision of medical examinations of children who may be victims of physical abuse." [ 2022 c 171 § 1.]
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.176 - Examination costs of assault of a child victims—Annual report.

RCW 7.68.176
Examination costs of assault of a child victims—Annual report.
By November 1, 2023, and annually thereafter, and in compliance with RCW 43.01.036, the department must submit a report to the legislature and governor with the following information: The number of requests to pay for physical abuse exams for child victims of physical assault pursuant to RCW 7.68.175, how many of these requests are approved and denied including the reasons for denial, how many of the exams are covered for another reason, and any other information the department believes is beneficial.
[ 2022 c 171 § 3.]
NOTES:
Findings—2022 c 171: See note following RCW 7.68.175.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.200 - Payment for reenactments of crimes—Contracts—Deposits—Damages.

RCW 7.68.200
Payment for reenactments of crimes—Contracts—Deposits—Damages.
After hearing, as provided in RCW 7.68.210, every person, firm, corporation, partnership, association, or other legal entity contracting with any person or the representative or assignee of any person, accused or convicted of a crime in this state, with respect to the reenactment of such crime, by way of a movie, book, magazine article, tape recording, phonograph record, radio or television presentation, live entertainment of any kind, or from the expression of such accused or convicted person's thoughts, feelings, opinion, or emotions regarding such crime, shall submit a copy of such contract to the department and pay over to the department any moneys which would otherwise, by terms of such contract, be owing to the person so accused or convicted or his or her representatives. The department shall deposit such moneys in an escrow account for the benefit of and payable to any victim or the legal representative of any victim of crimes committed by: (1) Such convicted person; or (2) such accused person, but only if such accused person is eventually convicted of the crime and provided that such victim, within five years of the date of the establishment of such escrow account, brings a civil action in a court of competent jurisdiction and recovers a money judgment for damages against such person or his or her representatives.
[ 2011 c 336 § 248; 1979 ex.s. c 219 § 13.]
NOTES:
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.210 - Payment may be directed based on contract.

RCW 7.68.210
Payment may be directed based on contract.
The prosecutor or the department may, at any time after the person's arraignment petition any superior court for an order, following notice and hearing, directing that any contract described in RCW 7.68.200 shall be paid in accordance with RCW 7.68.200 through 7.68.280.
[ 1979 ex.s. c 219 § 12.]
NOTES:
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.
2023 Revised Code of Washington › Title 7 - Special Proceedings and Actions › Chapter 7.68 - Victims of Crimes—Compensation, Assistance. › 7.68.220 - Notice published of moneys in escrow.

RCW 7.68.220
Notice published of moneys in escrow.
The department, at least once every six months for five years from the date it receives such moneys, shall cause to have published a legal notice in newspapers of general circulation in the county wherein the crime was committed and in counties contiguous to such county advising such victims that such escrow moneys are available to satisfy money judgments pursuant to this section. For crimes committed in a city located within a county having a population of one million or more, the notice provided for in this section shall be in newspapers having general circulation in such city. The department may, in its discretion, provide for such additional notice as it deems necessary.
[ 1979 ex.s. c 219 § 14.]
NOTES:
Severability—1979 ex.s. c 219: See note following RCW 70.125.010.