reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 02 - Eligibility Requirements › Section 3-1-02-202 - Seventy-Two (72) Hour Reporting Requirement

Current through June 25, 2024
1.
				Compensation shall be denied if the crime was not reported to a law enforcement
				officer within seventy-two (72) hours after its occurrence, or the
				victim/claimant must show good cause for failing to report within such
				time.
2. Victim/claimant is
				considered to have made a report to law enforcement when the victim/claimant
				has provided a true and accurate report of the incident, which shall include to
				the best of the victim/claimants knowledge:
a. The nature of the crime;
b. The location of the crime;
c. The name, whereabouts and description of
				the suspect, if known; and,
d. The
				names of witnesses.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 02 - Eligibility Requirements › Section 3-1-02-203 - Participation In or Commission of a Crime

Current through June 25, 2024
1. Compensation
				shall be denied if the injury or death was caused by the victim/claimant
				assisting, attempting or committing a criminal act at the time he/she became a
				victim.
2. In determining
				participation in or commission of a crime as it relates to § 203 (1), the
				Division of Victim Compensation may consider all relevant information and
				circumstances, including, but not limited to:
a. Whether the victim/claimant was convicted
				of a crime relating to the incident which gave rise to the claim;
b. Whether there is good cause to believe
				that the victim/claimant was participating in a criminal act relating to the
				crime which gave rise to the claim;
c. Whether there is good cause to believe
				that the victim/claimant engaged in an ongoing course of criminal conduct
				within a reasonable time of the date of the crime which gave rise to the
				claim;
d. Whether the
				victim/claimant was buying, selling or using illegal drugs at the time of the
				incident which gave rise to the claim;
e. Whether the victim/claimant was under the
				legal age and drinking alcohol at the time of the crime which gave rise to the
				claim; or,
f. Whether the
				victim/claimant was frequenting a place where drugs and/or alcohol are
				illegally bought, sold or consumed; where there is solicitation of
				prostitution; or where there is illegal gambling.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 02 - Eligibility Requirements › Section 3-1-02-204 - Unjust Benefits

Current through June 25, 2024
1. Compensation
				shall be denied if the award will unjustly benefit the offender.
2. The Division of Victim Compensation may
				consider all relevant information and circumstances in determining if
				compensation would unjustly benefit the offender, including but not limited to:
a. Whether the victim/claimant has reported
				the crime and is cooperating with the criminal justice system in the
				investigation and the prosecution of the offender;
b. Whether the victim/claimant will prevent
				access by the offender to compensation paid to the victim/claimant;
				or,
c. Whether the award is
				essential to the well-being of the victim and other innocent and dependent
				family members.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 02 - Eligibility Requirements › Section 3-1-02-205 - Motor Vehicle Incidences

Current through June 25, 2024
1. Compensation
				shall be denied if the victim was injured as a result of the operation of a
				motor vehicle, boat or airplane unless:
a.
				The vehicle was used by the offender while under the influence of alcohol or
				drugs;
b. The vehicle was used by
				the offender as a weapon in a deliberate attempt to injure or cause the death
				of the victim;
c. The vehicle was
				used by the offender in a hit-and-run incident by leaving the scene of an
				accident as specified in Section
				63-3-401
				of the Mississippi Code; or
d. The
				vehicle was used by the offender to flee apprehension by law enforcement as
				specified in Sections
				97-9-72
				and
				97-9-73
				of the Mississippi Code.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 02 - Eligibility Requirements › Section 3-1-02-206 - Victim or Claimant Provided False or Misleading Information to the Division

Current through June 25, 2024
The claim shall be denied if the claimant and/or victim
				  knowingly furnished any false or misleading information, or knowingly failed or
				  omitted to disclose a material fact or circumstance with the intent to defraud
				  the Division for compensation.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 02 - Eligibility Requirements › Section 3-1-02-207 - Cooperation with Law Enforcement and Prosecutors

Current through June 25, 2024
1.
				Compensation may be denied, withdrawn or reduced upon a finding that the
				claimant and/or victim have not fully cooperated with law enforcement agencies
				and prosecuting attorneys.
2.
				Cooperation with law enforcement and prosecuting attorneys means the
				victim/claimant has cooperated with their reasonable requests of the
				investigation and prosecution of the incident.
3. Reasonable cooperation will be determined
				on a case-by-case basis taking into consideration the victim/claimant's age,
				physical condition and psychological state. Reasonable cooperation includes,
				but is not limited to the following:
a. The
				victim/claimant provided law enforcement with a true and accurate report of the
				crime;
b. Participation in the
				investigation of the crime to assist law enforcement in the identification of
				an offender as requested, including the review of photos and police line ups;
				and,
c. Participation in
				prosecuting procedures, including deposition and trial testimony as
				requested.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 02 - Eligibility Requirements › Section 3-1-02-208 - Contributory Conduct

Current through June 25, 2024
1. Compensation
				shall be denied or reduced upon finding that the victim's/claimant's conduct
				contributed to the events that led to the crime.
2. Compensation shall be denied or reduced to
				the extent of the degree of responsibility for the cause of injury or death
				attributable to the victim's/claimant's actions and/or involvement in the
				events that led to the crime. Compensation shall be denied or reduced if
				contributory conduct is determined.
3. Eligibility for compensation can be
				affected by a victim's/claimant's involvement in the events that led to the
				crime. The victim's/claimant's actions do not have to be illegal to be
				considered contributory conduct. Such actions must relate significantly to the
				occurrence that caused the victimization and be such that a reasonable or
				prudent individual would know that the actions could lead to their
				victimization.
4. Contributory
				conduct is a factor when the victim/claimant knowingly participated in conduct
				that:
a. Caused, resulted in, or reasonably
				could have led to the specific crime which caused the crime or death;
				or
b. Was itself clearly wrongful
				or illegal, thereby placing himself or herself in a position to be injured or
				to become a victim; or,
c. Clearly
				put himself or herself into a situation where the crime was a reasonably
				expected result and/or which a prudent individual would have avoided.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 02 - Eligibility Requirements › Section 3-1-02-209 - Collateral Sources

Current through June 25, 2024
1. Compensation
				otherwise payable to a victim/claimant shall be diminished to the extent that
				the economic loss is or will be recouped from other sources, including
				collateral sources.
2. In
				determining the amount of an award, compensation shall be reduced by any
				collateral sources benefits available to the victim and/or claimant.
3. Collateral sources include, but are not
				limited to, Aid to Families with Dependent Children, Social Security Benefits,
				Supplemental Security Income, disability insurance, life insurance, burial
				insurance, Medicare, Medicaid, health insurance, Workers' Compensation, Veteran
				Benefits, restitution, civil recovery, prosecution resources,
				homeowners/renters insurance, automobile insurance, the Law Enforcement
				Officers and Fire Fighters Disability Benefits Trust Fund, donations and
				benevolence from family, friends and/or community-at-large.
4. Assets which shall not constitute
				collateral sources include, but are not limited to, a home, a car, bank
				accounts, credit available through banks or other financial institutions,
				income from parent or guardian when the victim is a minor, any other assets
				owned by the victim, sick or vacation/annual leave accrued at work and employee
				bereavement pay.
5. Exceptions to
				§ 209(3):
a. The first One Hundred Fifty
				Thousand Dollars ($150,000.00) of life insurance is not calculated as a
				collateral source.
b. Life
				insurance is not calculated as a collateral source for mental health counseling
				and care expenses, bereavement wages, funeral travel, court related travel,
				execution travel, crime scene clean-up, or repair and replacement
				expenses.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 02 - Eligibility Requirements › Section 3-1-02-210 - Burden of Proof

Current through June 25, 2024
1. There must be
				evidence to support that a crime occurred. It is not necessary that the
				offender be prosecuted or convicted to show that a crime occurred.
				Additionally, although a conviction is not required as conclusive evidence that
				a crime has been committed, the victim/claimant must fully cooperate with law
				enforcement agencies and prosecuting attorneys.
2. Victim's/claimant's filing applications
				have the burden of proving eligibility of the claim filed and all its elements
				and items of compensation. Burden of proof is met by a preponderance of
				credible evidence.
3. The Division
				may give substantial weight to conclusions of investigative law enforcement
				agencies and dispositions of criminal proceedings, including, but not limited
				to, pleas of guilt and jury verdicts, considered along with all other case
				information and evidence. The ultimate determination made on a claim
				application is the obligation of the Division uncontrolled by determinations of
				others.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 03 - Eligible Expenses › Section 3-1-03-300 - Eligible Expenses

Current through June 25, 2024
1. All eligible
				expenses shall be verified and substantiated by supporting
				documentation.
2. Eligible
				expenses:
a. Medical - reasonable charges
				incurred for reasonably needed and medically necessary products, services and
				accommodations, including, but not limited to, medical care, rehabilitation,
				rehabilitative occupational training, and other remedial treatment and
				care.
b. Mental Health Services -
				reasonable charges incurred for reasonably needed mental health counseling and
				care for the victim/claimant and the victim's/claimant's family
				members.
c. Medical/Mental Health
				Counseling (MHC) Transportation costs - reasonable non-emergency transportation
				services for (1) victim to attend doctor appointments and/or mental health
				counseling sessions; and (2) claimant and/or victims family member(s) to attend
				appointments for mental health counseling and care.
d. Funeral - reasonable charges incurred for
				usual and customary expenses related to funeral, cremation or burial services
				and products.
e. Funeral
				Transportation Costs - reasonable charges for claimant(s) to make arrangements
				and/or attend services.
f. Lost
				Wages victims or claimants lost wages for work missed during the victims
				recovery of crime related injuries; victims or claimants lost wages for work
				missed to attend criminal proceedings; and claimants lost wages to make funeral
				arrangements and/or attend services.
g. Loss of Support - economic loss of a
				dependent of a deceased victim.
h.
				Temporary Housing - reasonable costs for temporary housing for domestic
				violence victims in imminent danger.
i. Relocation Assistance - reasonable
				relocation costs for domestic violence victims in imminent danger.
j. Crime Scene Cleanup - reasonable and
				necessary cost of cleaning the crime scene after a homicide or
				assault.
k. Court Related
				Transportation - reasonable charges for attendance at criminal
				proceedings.
l. Repair and/or
				Replacement Costs - reasonable costs for victim
/
claimant to repair
				and/or replace exterior broken windows, doors, locks or other security devices
				of a residential dwelling damaged and/or destroyed during a violent
				crime.
m. Execution Travel -
				Reasonable and necessary costs for a claimant(s) to travel to and from a place
				of execution.
n. Tuition Loss
				Tuition reimbursement for a victim/claimant enrolled as a student at a school,
				college or university who, due to the victims death or disability caused by a
				violent crime was unable to complete the semester or term.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 03 - Eligible Expenses › Section 3-1-03-301 - Medical Expenses

Current through June 25, 2024
1. Some examples of
				medical expenses include, but are not limited to, hospital, physicians,
				prescriptions, ambulance, prosthetics, medically necessary equipment,
				rehabilitation, medical supplies, dental and chiropractic services. Expenses
				may also include rehabilitative occupational services, including treatment for
				the purpose of training or retraining for employment based on the victim's
				medical and employment history.
a. Other
				limitations do apply and are discussed further in this chapter.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 03 - Eligible Expenses › Section 3-1-03-302 - Mental Health Counseling and Care

Current through June 25, 2024
1. Victim/Claimant
				Eligibility:
a. The victim/claimant must
				otherwise qualify for compensation before any award can be
				considered;
b. The victim/claimant
				must have suffered personal injury or psychological trauma as a direct result
				of the criminally injurious conduct; and,
c. Counseling must be causally related to the
				crime and focus must be for treatment to assist in the victim's/claimant's
				recovery.
d. An individual who
				witnesses a violent crime and suffers psychological trauma may receive mental
				health benefits.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 03 - Eligible Expenses › Section 3-1-03-303 - Lost Wages

Current through June 25, 2024
1. Eligible
				expenses:
a. Lost wages may be eligible for
				work missed by the victim during recovery of physical injuries and/or
				psychological trauma, herein known as victim lost wages.
b. Lost wages may be eligible for work missed
				by the claimant during the victim's recovery of physical injuries and/or
				psychological trauma, herein known as claimant lost wages.
c. Lost wages may be eligible for work missed
				by the victim or claimant to attend criminal proceedings of the case which the
				claim is based, herein known as court related lost wages.
d. Lost wages may be eligible for work missed
				by the claimant to make funeral arrangements, attend services and for
				bereavement, herein known as bereavement lost wages.
e. Other limitations do apply and are
				discussed further in this chapter.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 03 - Eligible Expenses › Section 3-1-03-304 - Loss of Support for Dependent(s)

Current through June 25, 2024
1. Surviving
				dependent(s) of the deceased victim may be eligible to receive loss of support.
				Dependent may be a spouse or a child under the age of 18 (if the child is
				enrolled in school full-time on the date of the crime, then no later than the
				child's 21st birthday). Other family members in the household may be considered
				on a case-by-case basis. See § 304 (4) (f). Other limitations do apply and
				are discussed further in this chapter.
2. Claimant and Dependent Eligibility:
a. The victim must otherwise qualify for
				compensation before any award can be considered;
b. The claimant must otherwise qualify for
				compensation before any award can be considered;
c. The dependent must otherwise qualify for
				compensation and was wholly or partially dependent upon the victim for care and
				support at the time of the victim's death; and, d. The claimant must provide
				all requested supporting documentation.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 03 - Eligible Expenses › Section 3-1-03-305 - Funeral

Current through June 25, 2024
1. Eligible Expenses:
a. Reasonable charges for usual and customary
				expenses related to funeral, cremation or burial services and products include,
				but not limited to: funeral home professional and staff services, embalming,
				viewing facilities, wake facilities, equipment for grave side, newspaper
				announcements, transfer and transportation costs of deceased, casket, burial
				container, clothing for deceased, programs, register book, flowers, monument,
				cemetery plot, opening/closing of the grave, and death
certificates, not to exceed Six Thousand Five Hundred Dollars
				  ($6,500.00
)
; and
b. Necessary and reasonable transportation
				costs to make arrangements and/or attend funeral services, not to exceed Eight
				Hundred Dollars ($800.00). Other limitations do apply and are discussed further
				in this chapter.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 03 - Eligible Expenses › Section 3-1-03-306 - Temporary Housing Assistance

Current through June 25, 2024
1. Upon referral
				and certification by a law enforcement officer, prosecutor, judicial officer,
				or certified/regulated domestic violence shelter director or representative
				from said agency or entity, temporary housing assistance may be available for
				domestic violence victims who have an immediate need for temporary housing
				assistance in order to escape from a domestic violence environment if it is
				determined that the victim is in imminent danger.
2. For the purposes of this rule, domestic
				violence shall mean the following acts:
a.
				Simple or aggravated assault as defined in Section
				97-3-7
				of the Mississippi Code;
b. Sexual
				battery as defined in Section
				97-3-95
				of the Mississippi Code;
c. Rape as
				defined in Section
				97-3-65
				of the Mississippi Code;
d.
				Stalking as defined in Section
				97-3-107
				of the Mississippi Code ;
e.
				Kidnapping as defined in Section
				97-3-53 of
				the Mississippi Code; or
f.
				Cyberstalking as defined in Section
				97-45-15
				of the Mississippi Code provided that these acts have occurred between current
				or former spouses, persons living as spouses or who formerly lived as spouses,
				family members related by blood or marriage who reside with each other or who
				formerly resided with each other, persons with a child in common, or persons in
				a current or former dating relationship.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 03 - Eligible Expenses › Section 3-1-03-307 - Relocation Assistance

Current through June 25, 2024
1. Upon referral
				and certification by a certified/regulated domestic violence shelter director
				or representative from said agency or entity, relocation assistance may be
				available for domestic violence victims who have an immediate need for
				relocation assistance in order to escape from a domestic violence environment
				if it is determined that the victim is in imminent danger.
2. For the purposes of this rule, domestic
				violence shall mean the following acts:
a.
				Simple or aggravated assault as defined in Section
				97-3-7
				of the Mississippi Code;
b. Sexual
				battery as defined in Section
				97-3-95
				of the Mississippi Code;
c. Rape as
				defined in Section
				97-3-65
				of the Mississippi Code;
d.
				Stalking as defined in Section
				97-3-107
				of the Mississippi Code;
e.
				Kidnapping as defined in Section
				97-3-53 of
				the Mississippi Code; or
f.
				Cyberstalking as defined in Section
				97-45-15
				of the Mississippi Code provided that these acts have occurred between current
				or former spouses, persons living as spouses or who formerly lived as spouses,
				family members related by blood or marriage who reside with each other or who
				formerly resided with each other, persons with a child in common, or persons in
				a current or former dating relationship.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 03 - Eligible Expenses › Section 3-1-03-308 - Crime Scene Cleanup

Current through June 25, 2024
1. Compensation may
				be awarded for reasonable and necessary out-of-pocket expenses incurred for
				cleaning supplies, equipment rental and labor needed to clean the scene of a
				homicide or assault and for which reimbursement from collateral sources is not
				available including, but not limited to, homeowners' insurance.
2. "Cleaning the scene" means to remove, or
				attempt to remove, from the crime scene, blood, dirt, stains or other debris
				caused by the crime.
3. The
				victim/claimant must otherwise qualify for compensation before any award can be
				considered.
4. All expenses must be
				verified by supporting documentation and by signatures of the appropriate
				individual(s)/official(s). Documentation includes, but is not limited to,
				itemized bills and receipts.
5. All
				expenses must be evaluated to determine reasonableness of expenses and eligible
				award amount.
6. Additional
				information and supporting documentation may be requested for determination of
				expense eligibility.
7. Limitations
				for crime scene cleanup include, but are not limited to, the following:
a. Compensation awarded for crime scene
				cleanup costs does not include replacement and/or repair expenses for personal
				property and furniture which has been rendered damaged or useless as a result
				of the crime or the collection of evidence for purposes of investigating the
				crime.
b. Crime scene cleanup
				benefit does not include places of employment, public access or other premises
				in which the cleanup costs are not the financial responsibility of the
				victim/claimant.
c. Crime scene
				cleanup services compensated may only be performed by a professional cleaning
				service agency or service which specializes in crime scene cleanup. Exceptions
				will be considered on a case-by-case basis
.
d. Claims seeking exclusively reimbursement
				for crime scene cleanup may only be awarded through an eligible victim
				compensation claim filed with this Division by, or on behalf of, the direct
				victim. Claims exclusively seeking reimbursement for crime scene cleanup will
				not be eligible for an award of compensation, but may be merged with and
				compensated through an eligible claim as described in this paragraph.
e. Compensation for crime scene cleanup may
				not exceed One Thousand Dollars ($1,000.00).
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 03 - Eligible Expenses › Section 3-1-03-309 - Court Related Travel

Current through June 25, 2024
1. Compensation may
				be awarded for the reasonable and necessary travel costs for attendance at
				criminal justice proceedings.
2.
				Criminal justice proceedings are defined as investigative or court proceedings
				for the criminal case upon which the claim is based and include appointments
				with investigators, prosecuting attorney and/or correction officials, grand
				jury, trial, plea hearings, sentencing hearings, parole board hearings, and
				other post conviction hearings.
3.
				Eligible costs include mileage, airfare, bus fare, train fare, lodging and
				meals.
4. The victim/claimant must
				otherwise qualify for compensation before any award can be
				considered.
5. All expenses must be
				verified by supporting documentation and by signatures of the appropriate
				individual(s)/official(s).
6. All
				expenses must be evaluated to determine reasonableness of expenses and eligible
				award amount.
7. Additional
				information and supporting documentation may be requested for determination of
				expense eligibility.
8. Limitations
				for court related transportation include, but are not limited to the following:
a. If there is more than one (1) claimant per
				request for court related travel, each request will be considered on a
				case-by-case basis, and the total amount allowable will be prorated among the
				claimant's.
b. Necessary and
				reasonable transportation costs to attend criminal justice proceedings will be
				considered for payment if the proceedings are held at least forty five (45)
				miles (one-way) from the victim's/claimant's residence.
c. Award for transportation mileage costs
				shall be reimbursed at thirty-five cents (.35) per mile.
d. Lodging (hotel/motel) costs reimbursement
				shall not exceed $80.00 per day, and meal expense reimbursement shall not
				exceed $30.00 per day unless there is more than one eligible person and then
				meal reimbursement shall be no more than $50.00 per day in the
				aggregate.
e. Compensation for
				court related travel expenses may not exceed One Thousand Dollars
				($1,000.00).
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 03 - Eligible Expenses › Section 3-1-03-310 - Repair and/or Replacement Costs

Current through June 25, 2024
1. Compensation may
				be awarded for the reasonable repair or replacement costs for the
				victim
/
claimant to repair and/or replace exterior broken windows,
				doors, locks or other security devices of a residential dwelling destroyed by
				the offender during a violent crime and directly contribute to maintaining a
				healthy and/or safe environment for the victim/claimant.
2. Compensation may be awarded for the
				reasonable cost to replace keys or locks of the victims residence, when, during
				the violent crime, the victims keys were stolen.
3. The victim/claimant must otherwise qualify
				for compensation before any award can be considered.
4. All expenses must be verified by
				supporting documentation and by signatures of the appropriate
				individual(s)/official(s).
5. All
				expenses must be evaluated to determine reasonableness of expenses and eligible
				award amount.
6. Additional
				information and supporting documentation may be requested for determination of
				expense eligibility.
7.
				Compensation for repair and/or replacement costs may not exceed One Thousand
				Dollars ($1000.00).
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 03 - Eligible Expenses › Section 3-1-03-311 - Execution Travel

Current through June 25, 2024
1. Compensation may
				be awarded for the reasonable and necessary costs of traveling to and from a
				place of execution for the purpose of witnessing the execution.
2. Eligible costs include mileage, airfare,
				bus fare, train fare, lodging and meals.
3. The victim/claimant must otherwise qualify
				for compensation before any award can be considered.
4. Additional information and supporting
				documentation may be required on an as needed basis for further determination
				of expense eligibility.
5.
				Limitations for execution travel include, but are not limited to the following:
a. If there is more than one (1) claimant per
				request for execution travel, each request will be considered on a case-by-case
				basis, and the total amount allowable will be prorated among the
				claimant's.
b. Necessary and
				reasonable transportation costs to attend an execution will be considered for
				payment if the execution is held at least forty-five (45) miles (one-way) from
				the victim's/claimant's residence.
c. Award for transportation costs shall be
				reimbursed at thirty-five cents (.35) per mile.
d. Compensation for execution travel may not
				exceed One Thousand Dollars ($1,000).
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 03 - Eligible Expenses › Section 3-1-03-312 - School/College/University Tuition Loss

Current through June 25, 2024
1. Eligible
				Expenses:
a. Lost tuition may be eligible for
				tuition paid and unused by the victim during recovery of personal injuries,
				herein known as victim tuition loss.
b. Lost tuition may be eligible for tuition
				paid and unused by the claimant during the victims recovery of personal
				injuries, herein known as claimant tuition loss.
c. Lost tuition may be eligible for tuition
				paid by the claimant and unused by the victim due to the victims
				death.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 03 - Eligible Expenses › Section 3-1-03-313 - Other Necessary Crime-Related Expenses

Current through June 25, 2024
1.
				Other crime related expenses not previously mentioned above may be considered
				on a case-by-case basis. Expenses must be necessary and reasonable for actual
				services and products directly related to crime injuries.
2. Victim and Claimant Eligibility:
a. Victim must otherwise qualify for
				compensation before any award can be considered.
b. Claimant must otherwise qualify for
				compensation before any award can be considered.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 03 - Eligible Expenses › Section 3-1-03-314 - Ineligible Expenses

Current through June 25, 2024
1. Ineligible
				expenses include, but not limited to, damaged or stolen property, pain and
				suffering, expenses not directly related to the crime injuries, attorney's
				fees, or treatment not rendered by a licensed medical professional, mental
				health provider or facility.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 04 - Administration › Section 3-1-04-400 - Repayment of Award

Current through June 25, 2024
1. The Office of
				the Attorney General shall have a right to commence a civil action for the
				recovery of overpayment of compensation awards pursuant to Section
				99-41-27(3)
				of the Mississippi Code, as amended.
2. The defendant as in § 400 (1) shall
				be responsible for the fees, court costs, and other expenses of
				litigation.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 04 - Administration › Section 3-1-04-401 - Shortage of Funds for Awards

Current through June 25, 2024
1. In the event the
				amount of approved claims exceeds the available funds during any defined
				period, the department, at its sole discretion, may proportionately reduce
				benefits paid to claimant's.
2.
				Eligible claims may be held until completion of the defined period and
				proportioned reductions may be computed accordingly at that time.
3. A claimant who has received a proportioned
				reduction of benefits shall not be entitled to future retroactive
				reimbursements.
4. Compensation
				payments may be awarded in the order in which the claim application was
				received and completed.
5. When a
				purchase invoice is made, the funds for payment of the award are thereby
				encumbered.
6. This rule shall be
				effective upon the filing date and apply to claims pending, claims having prior
				approval or claims henceforth received.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 04 - Administration › Section 3-1-04-402 - Filing a False Claim, Furnishing False Information and Failing to Disclose Information

Current through June 25, 2024
1. The Office of
				the Attorney General shall have a right to commence a civil action for the
				recovery of compensation awards obtained by the claimant upon filing a false
				claim, furnishing false information and/or failing to disclose pertinent
				information.
2. The defendant as in
				§ 402 (1) shall be responsible for the fees, court costs, and other
				expenses of litigation.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 04 - Administration › Section 3-1-04-403 - Advance Award

Current through June 25, 2024
1. An advance award
				may be made, if the director
a. determines
				that the claim is one with respect to which an award probably will be made;
				and
b. the claimant will suffer
				financial hardship unless an advance award is made.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 05 - Appeal Process › Section 3-1-05-500 - Overview

Current through June 25, 2024
1. If the Director denies a claim for any
				reason, the victim/claimant has the right to appeal. The appeal process
				consists of three steps: (1) reconsideration, (2) contested hearing and (3)
				circuit court appeal.
2. All
				requests must be filed in a timely manner and written notice and other
				requested information must be sent within the time limits set. If information
				is not submitted within the time limits, the appeal may be denied on that basis
				alone. Each phase of the appeal process must be exhausted before the
				victim/claimant moves onto the next step.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 05 - Appeal Process › Section 3-1-05-501 - Reconsideration

Current through June 25, 2024
1. The Director, on his/her own motion or on
				request of the victim/claimant, may reconsider a decision granting or denying
				an award or determining its amount. An Order of Reconsideration of an award
				shall not require a refund of amounts previously paid unless the award was
				obtained by fraud.
2. Requesting a
				Reconsideration:
a. The victim/claimant must
				provide a written request for a reconsideration within thirty (30) days from
				the date of notification of the original determination.
b. The written request shall contain:
i. a brief position statement and the
				reason(s) why the decision is wrong and why he or she is dissatisfied with the
				decision; and,
ii. newly discovered
				information that would have resulted in a different determination had the
				information been known to the victim/claimant and the Director at the time of
				the original determination. The victim/claimant may also provide oral evidence
				to support their request.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 05 - Appeal Process › Section 3-1-05-502 - Contested Hearing

Current through June 25, 2024
1. The
				victim/claimant who disagrees with the decision of the Director after
				reconsideration may contest such decision within thirty (30) days after
				notification of issuance of the decision.
2. Requesting a Contested Hearing:
a. The victim/claimant must provide a written
				request for a contested hearing to the Director within thirty (30) days from
				the date of notification of reconsideration.
b. The written request shall contain:
i. a brief position statement and the
				reason(s) why he/she is dissatisfied with the decision of the
				reconsideration;
ii. newly
				discovered information that would have resulted in a different determination
				had the information been known to the victim/claimant and the Division at the
				time of the original determination and/or reconsideration
				determination;
iii. that the
				victim/claimant exercised reasonable diligence to ascertain such information at
				the time of the original determination and/or reconsideration; and,
iv. the name, address and telephone number of
				any potential witnesses.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 06 - Payment for Sexual Assault Medical Forensic Examinations › Section 3-1-06-600 - Authority

Current through June 25, 2024
The Division of Victim Compensation, Office of the Attorney
				  General is authorized to pay for all medical forensic examinations done for the
				  purpose of sexual assault evidence collection. Mississippi Code Annotated
				  §
									99-37-25
				  provide
s
that the bill for the medical forensic examination and
				  the preparation of the sexual assault evidence collection kit will be sent to
				  the Division of Victim Compensation, Office of the Attorney General. No bill
				  for the examination will be submitted to the victim, nor shall the medical
				  facility hold the victim responsible for payment. No payments shall be made
				  that exceed the amount of money in the Crime Victims' Compensation Fund. M.C.A.
				  §
									99-41-29.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 06 - Payment for Sexual Assault Medical Forensic Examinations › Section 3-1-06-602 - Eligibility Guidelines

Current through June 25, 2024
1. In order to be
				considered for payment, the following criteria must be met:
a. The crime must have occurred in
				Mississippi.
b. The initial sexual
				assault medical forensic examination and collection of evidence must have
				occurred after June 30, 2005.
c.
				All requests for payment must be post-marked and received by the Office of the
				Attorney General, Division of Victim Compensation, within ninety (90) days of
				the forensic medical examination. The ninety (90) days may be waived if the
				medical provider can show good cause for failure to submit the payment request
				within such time. Good cause will be determined on a case by case
				basis.
d. Only costs associated
				with sexual assault medical forensic exams are considered for payment through
				this program.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 06 - Payment for Sexual Assault Medical Forensic Examinations › Section 3-1-06-603 - Payment Procedures

Current through June 25, 2024
1. The bill for the
				sexual assault medical forensic examination must not be submitted to the
				victim.
2. A completed copy of the
				State of Mississippi Crime Laboratory Sexual Assault Examination Form (or
				authorized sexual assault exam form for minors >72 hours), and a UB-04 form
				or other appropriate itemized billing form should be submitted to the Office of
				the Attorney General, Division of Victim Compensation, Post Office Box 220,
				Jackson, MS 39205-0220.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 06 - Payment for Sexual Assault Medical Forensic Examinations › Section 3-1-06-604 - Payment Amount

Current through June 25, 2024
1. The Office of
				the Attorney General will pay up to $1,000 per case. This fee includes the
				following limits:
a. Medical personnel time to
				include physician, nurse practitioner, or Sexual Assault Nurse Examiners
				(S.A.N.E.) fee - $350
b. Facility
				fee to include supplies, equipment and medications for the prevention of STDs,
				Hepatitis B, pregnancy (ECP
)
, and a three-day supply of HIV
				prophylaxis - $450
c. Fees for lab
				tests - $200
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 06 - Payment for Sexual Assault Medical Forensic Examinations › Section 3-1-06-605 - Appeal Process

Current through June 25, 2024
1. The Division
				Director, on his/her own motion or on request of the medical provider, may
				reconsider a decision granting or denying a payment.
2. Reconsideration: If the Victim
				Compensation Division denies a payment request the medical provider may appeal
				the decision by notifying the Division in writing. The written request for a
				reconsideration should be provided within thirty (30) days from the date the
				medical provider received the decision notification from the Victim
				Compensation Division
.
The request should include the following
				and clearly state: (1) that the medical provider is requesting a
				reconsideration; (2) in a brief statement, the reason the provider is
				requesting a reconsideration; and (3) any information omitted from the original
				payment request that would have resulted in a different decision had the
				information been provided to the Division.
3. Contested Hearing: If the Victim
				Compensation Division upholds the original decision the medical provider may
				appeal the decision by notifying the Division in writing. The written request
				for a contested hearing should be provided within thirty (30) days from the
				date the medical provider receives the decision notification from the Victim
				Compensation Division
.
The request should include the following
				and clearly state: (1) that the medical provider is requesting a contested
				hearing; (2) in a brief statement, the reason the provider is requesting a
				contested hearing; and (3) any information omitted from the original payment
				request that would have resulted in a different decision had the information
				been provided to the Division.
4.
				Failure to appear at the hearing, without good cause, will be considered as a
				withdrawal, waiving the right to appeal and will result in dismissal of the
				claim.
5. The medical provider will
				be notified of all appeal request decisions in writing.
6. Circuit Court: A medical provider who
				disagrees with the contested hearing decision may appeal to the circuit court
				where the medical provider is located or the Circuit Court of the First
				Judicial District of Hinds County by filing a petition with the clerk of the
				court and executing and filing bond payable to the State of Mississippi with
				sufficient sureties to be approved by the clerk of the court, conditioned upon
				the payment of all costs of appeal, including the cost of preparing the
				transcript of the contested hearing. The petition and bond shall be filed
				within thirty (30) days of receipt of the contested hearing decision.
7. The decision of the contested hearing
				becomes the final ruling of the Director within thirty (30) days of
				notification of the decision if no appeal before the circuit court is
				made.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 7 - ADDRESS CONFIDENTIALITY PROGRAM › Section 3-1-7-700 - Program Description

Current through June 25, 2024
The Address Confidentiality Program provides services to
				  residents of Mississippi who are victims of domestic violence, sexual assault,
				  or stalking. It is the intent of the Legislature to assist people attempting to
				  escape from actual or threatened domestic violence, sexual assault or stalking
				  by establishing a confidential address to prevent their assailants or probable
				  assailants from finding the victims location. The purpose of this program is to
				  establish an exemption to the Mississippi Public Records Act of 1983 to enable
				  public bodies to respond to requests for public records without disclosing the
				  victim's location, to enable interagency cooperation with the Office of the
				  Attorney General in providing address confidentiality for victims, and to
				  enable public bodies to accept a program participant's use of an address
				  designated by the Office of the Attorney General as a substitute mailing
				  address. The Address Confidentiality Program helps victims keep their location
				  confidential by providing them with a substitute address and a mail forwarding
				  service for use when interacting with state and local
				  agencies.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 7 - ADDRESS CONFIDENTIALITY PROGRAM › Section 3-1-7-701 - Authority

Current through June 25, 2024
The Office of the Attorney General is authorized to establish
				  and enforce these rules and procedures by virtue of Mississippi Code Annotated
				  §
									99-47-1(9).
				  These rules facilitate the administration of the Address Confidentiality
				  Program in accordance with Mississippi Code Annotated §
									99-47-1;
				  effective July 1, 2009, pursuant to Mississippi Code
				  Annotated.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 7 - ADDRESS CONFIDENTIALITY PROGRAM › Section 3-1-7-702 - Definitions

Current through June 25, 2024
1. "ACP" means Address Confidentiality
				Program.
2. "Address
				Confidentiality Program" means the statutorily created program for implementing
				the provisions of Mississippi Code Annotated §
									99-47-1,
				within the Office of the Attorney General.
3.
				"Certification" means the process by which an applicant is
				determined eligible to participate in the Address Confidentiality
				Program.
4. "Confidential address"
				means any residential street address, school address, or work address of an
				individual, as specified on the individuals application to be a program
				participant.
5. "Domestic violence"
				means any of the following acts committed against a current or former spouse, a
				current or former family or household member, a person with a child in common,
				or a person in a current or former dating relationship:
a. A violation of a domestic violence
				protective order;
b. Simple or
				aggravated domestic violence as defined in Mississippi Code Annotated §
										97-3-7(3)
				or §
										97-3-7(4);
				or
c. Threats of such
				acts.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 7 - ADDRESS CONFIDENTIALITY PROGRAM › Section 3-1-7-703 - Application, Certification Process and Receipt of Mail

Current through June 25, 2024
1. To apply for the Address Confidentiality
				Program, an applicant must:
a. Be a resident
				of the State of Mississippi;
b. Be
				a victim of domestic violence, sexual assault, or stalking; and
c. Complete the Address Confidentiality
				Program application form(s); and submit the completed application form(s) to
				the Office of the Attorney General, Victim Compensation Division.
NOTE: It is not a requirement that the domestic violence,
				  sexual assault, or stalking occur in the State of Mississippi for ACP
				  participation.