Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.26 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For rules of the crime victim compensation program of the crime
				victim assistance division of the department of justice, the following
				definitions apply:
"Affinity"
means the relationship of persons
				who are related by marriage, cohabitation, or engagement to be married.
"Applicant"
includes the following individuals
				who file an application with the crime victim compensation program:
1. A victim of a crime as defined in Iowa Code section
				915.80.
2. A person responsible for the care and maintenance of a
				victim.
3. A resident of Iowa who is the victim of an act that would be
				compensable had it occurred within the state of Iowa and any of the following
				apply:
* The act occurred in a state or foreign country that does not
				have a victim compensation program as defined in the federal law;
* The act occurred in a state or foreign country whose victim
				compensation program has insufficient or inadequate benefits; or
* The act occurred on an aircraft while in flight or occurred
				on waters outside of the jurisdiction of any particular state or
				country.
4. In the event of a victim's death, the spouse, former spouse,
				child, foster child, parent, legal guardian, foster parent, stepparent,
				sibling, or foster sibling of a victim, or a person cohabiting with, or
				otherwise related by blood or affinity to the victim. An estate is not an
				eligible applicant for crime victim compensation. An estate shall, however, be
				reimbursed for funeral and burial expenses if the estate paid the costs on
				behalf of an eligible applicant who shall benefit from the proceeds of the
				estate.
5. A legal representative authorized to act on behalf of any of
				the persons listed above.
"Board"
means the crime victim assistance
				board of the department of justice.
"Causal relationship"
means that the crime
				would not have occurred without the action of the victim. A causal relationship
				exists if the actions of the victim result in a foreseeable injury, play a
				substantial role in the injury, or directly cause the injury.
"Claimant"
means an applicant who has been
				found to be eligible for compensation.
"Cohabiting"
means living in the same
				household. It is not necessary to establish that a sexual relationship exists
				between the parties.
"Compensation"
means moneys awarded by the
				division as authorized in Iowa Code chapter 915.
"Consent"
means to agree to a course of action
				or to voluntarily allow what is planned or done by another.
"Counseling"
means problem solving and support
				concerning emotional issues that result from a compensable crime. Counseling is
				a confidential service provided on an individual basis or in a group.
				Counseling has as a primary purpose to enhance, protect and restore a person's
				sense of well-being and social functioning. Counseling does not include victim
				advocacy services; conversation in a nonprivate setting such as the common area
				of a shelter or a courthouse; transportation; or attendance at medical
				procedures, law enforcement interviews or civil and criminal justice
				proceedings.
"Crime"
as defined in Iowa Code section 915.80
				includes:
1. Conduct punishable as a misdemeanor or a felony.
2. Property crimes including but not limited to robbery,
				residential burglary, and residential arson, where there is a threat of
				personal injury or harm against a person.
3. Violation of a custody order in which the custodial parent
				suffers injury.
"Denial"
means disqualification of an
				application or reduction in the amount of compensation paid.
"Department"
means the department of justice,
				i.e., the attorney general's office.
"Dependent"
means a person who is wholly or
				partially reliant upon a victim for care or support and includes a child of the
				victim born after the victim's death, or a person who is unable to care for
				himself or herself due to injury, disability, or minor age status.
"Director"
means the director of the crime
				victim assistance division established in the department of justice.
"Division"
means the crime victim assistance
				division of the department of justice.
"Incitement"
means to urge forward or to goad
				to action.
"Lost wages or income," "lost income,"
or
"lost wages"
means the gross rate of pay, decreased by 25
				percent.
"Medical care"
means services provided by or
				provided under the supervision of a person licensed under Iowa law as a medical
				physician or surgeon, osteopathic physician or surgeon, chiropractor,
				podiatrist, physical therapist, acupuncturist, or dentist. Medical care also
				includes services rendered in accordance with a method of healing sanctioned by
				a federally recognized sovereign nation or tribe.
"Medically necessary"
means that the items and
				services prescribed or recommended by a medical provider under the prescriptive
				authority of the medical provider's license are reasonably necessary to
				facilitate the victim's physical and emotional recovery from the compensable
				crime.
"Pecuniary loss"
means the amount of medical
				or medical-related expenses and shall include, but not be limited to,
				eyeglasses, hearing aids, dentures, prosthetic devices including those which
				were taken, lost, or destroyed during the crime, home health care, medications,
				counseling, pregnancy-related services, equipment rental or purchase, property
				alteration, transportation for emergencies and medical care provided outside
				the victim's county of residence, or health insurance premiums covered by an
				employer previous to the victim's disability from the crime. Pecuniary loss
				shall also include the loss of income that the victim has incurred as a direct
				result of the injury to the extent that the victim has not been and shall not
				be indemnified from any other source.
"Personal injury"
or
"injury"
means bodily harm or mental suffering and shall include a victim's pregnancy or
				miscarriage resulting from a crime.
"Program"
means the crime victim compensation
				program of the department of justice.
"Provocation"
means to cause anger,
				resentment, or deep feelings that cause or instigate another to take
				action.
"Public funds"
means moneys provided by
				federal, state, county, city or other local government.
"Reasonable charges"
means charges ordinarily
				charged by the provider of the service to the general public for services of a
				similar nature.
"Residence"
means a property on which an
				applicant lives and may include but is not limited to a dwelling, detached
				garage, shed, or similar structure located on the property, or a privately
				owned vehicle if the vehicle serves as the primary residence.