Alabama Administrative Code › Title 262 - ALABAMA CRIME VICTIMS COMPENSATION COMMISSION › Chapter 262-X-4 - ELIGIBILITY CRITERIA FOR COMPENSATION › Section 262-X-4-.02 - Eligibility Criteria-Generally

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The incident must have occurred on or
			 after June 1, 1984.
(2) The
			 incident must have been reported within 72 hours after its occurrence or the
			 Commission must find there was good cause for the failure to report within that
			 time. Good cause includes, but is not limited to the minority, infirmity or
			 incapacity of the claimant.
(3) The
			 application must be filed within one (1) year of the incident unless the
			 Commission finds there was good cause for the failure to report within that
			 time.
(4) The victim must have
			 suffered bodily injury, psychological injury as the result of a direct,
			 face-to-face threat of physical injury, or actual physical injury or death as a
			 result of the criminal actions of another.
(5) The claimant or victim must cooperate
			 fully with law enforcement and the Commission staff. If law enforcement
			 officials or Commission staff are not satisfied with the victim's or claimant's
			 cooperation, the Commission may "not approve" the claim.
(6) Requested expenses shall not be eligible
			 for compensation in the event that they have been paid by a collateral
			 source.
(7) The victim or claimant
			 must not be the offender or an accomplice of the offender.
(8) No portion of the compensation shall
			 benefit the offender or accomplice.
(9) If the applicant, after making
			 application for compensation to the Commission, then perpetrates any criminally
			 injurious conduct or is convicted of a felony, the applicant shall be
			 ineligible for compensation.
(10)
			 The claimant must submit an application that has been signed by either
			 facsimile signature or electronic signature. If the Commission is not satisfied
			 that the facsimile signature or the electronic signature is authentic, it may
			 request an original, notarized signature from the claimant.
(11) A person must be a U.S. citizen, a
			 person who is legally present in the U.S., or an alien eligible for public
			 benefits in order to receive compensation benefits.
(12) An alien who is defined as an eligible
			 alien pursuant to
			 8
			 U.S.C. §
									1621(a) or  8 U.S.C. §
									1641, or certified as a victim of human tracking pursuant to
			 22 U.S.C.
			 §
									7105 may be eligible for compensation
			 benefits.
(13) Proof of U.S.
			 citizenship, legal presence in the U.S., or proof of being an alien eligible
			 for public benefits must be provided for every claimant/victim.
(a) A copy of one of the following documents
			 may be accepted as evidence of U.S. citizenship:
1. A birth certificate issued in or by a
			 city, county, state, or other governmental entity within the United States or
			 its outlying possessions.
2. A U.S.
			 Certificate of Birth Abroad (FS-545, DS-135) or a Report of Birth Abroad of a
			 U.S. Citizen (FS-240).
3. A birth
			 certificate or passport issued from:
(i)
			 Puerto Rico, on or after January 13, 1941;
(ii) Guam, on or after April 10,
			 1898;
(iii) U.S. Virgin Islands, on
			 or after February 25, 1927;
(iv)
			 Northern Mariana Islands, after November 4, 1986;
(v) American Samoa;
(vi) Swains Island; or
(vii) District of Columbia.
4. An unexpired U.S.
			 passport.
5. Certificate of
			 Naturalization (N-550, N-57, N-578).
6. Certificate of Citizenship (N-560, N-561,
			 N-645).
7. U.S. Citizen
			 Identification Card (1-179, 1-197).
8. Free Alabama Photo Voter Identification
			 Card.
If the Commission is not satisfied with the authenticity of a
				copy of one of the documents in 262-X-4-.02(13) a, it may request that the
				original be submitted for inspection.