Alabama Administrative Code › Title 262 - ALABAMA CRIME VICTIMS COMPENSATION COMMISSION › Chapter 262-X-7 - RECOVERY FROM COLLATERAL SOURCES › Section 262-X-7-.01 - Recovery From Collateral Sources

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If compensation is awarded, the
			 Commission shall be subrogated to all the rights of a claimant to receive or
			 recover from a collateral source to the extent that compensation was
			 awarded.
(2) If the claimant
			 received compensation from a source other than the Commission after the
			 Commission has made an award to the claimant, the claimant will be required by
			 law to reimburse the Alabama Crime Victims Compensation Commission Fund.
			 Failure to do so will result in a Class C felony.
(3) If a claimant files a civil suit to
			 recover damages related to the criminally injurious conduct upon which
			 compensation has been claimed or awarded, the claimant shall give the
			 Commission written notice within 15 days of the filing of the action. The
			 commission may intervene in the proceedings as a complainant to recover the
			 compensation awarded. If the Commission does give notice, attorneys fees may be
			 awarded in an amount not to exceed fifteen percent (15%) of the amount
			 subrogated to the Commission.
(4)
			 If the offender is ordered to pay restitution to the claimant, the claimant
			 must notify the Commission of this action in writing.
(5) In the case where compensation has
			 already been paid to the claimant, the judge may award restitution to be paid
			 directly to the Alabama Crime Victims Compensation Commission Fund.
(6) Whenever compensation is awarded to a
			 claimant who is entitled to restitution from a criminal defendant, the
			 Commission may initiate restitution hearings in such criminal proceedings or
			 intervene in same. The Commission shall be entitled to receive restitution in
			 such proceedings to the extent that compensation was awarded. The Commission
			 shall be subrogated to all the rights and remedies of such claimant for the
			 collection of restitution to the extent compensation was awarded; provided,
			 however, the Commission shall be exempt from the payment of fees or other
			 charges for the recording of restitution orders in the offices of the judges of
			 probate.
(7) The Commission may
			 reduce an award amount based on the amount already received from a collateral
			 source contribution, unless the claimant was receiving or was entitled to
			 receive such benefits prior to the incident for which a claim is
			 filed.
(8) In the event the
			 claimant recovers compensation, other than through the provisions of this
			 chapter, for injuries or death resulting from criminally injurious conduct, the
			 claimant shall retain, as trustee for the Commission, so much of recovered
			 funds as necessary to reimburse the Alabama Crime Victims Compensation
			 Commission Fund to the extent that compensation was awarded to the claimant
			 from that fund.
Author:
Martin A. Ramsay
Statutory Authority
:
Code of Ala.
				1975
, §
									15-23-5(14).
History
: Filed October 27, 1987.
Amended
: Filed November 25, 1992.
Repealed and New
				Rule:
Filed March 9, 2004; effective April 13, 2004.