reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 60 - NOTICE OF GARNISHMENT MODEL FORMS › Section 137-060-0430 - Special Notice of Garnishment - Instructions to Garnishee Form

Current through Register Vol. 63, No. 7, July 1, 2024
Form referenced is attached. See Ed. Note.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  18.854(8)
Statutes/Other Implemented: ORS
				  18.375, ORS
				  18.385 & ORS
				  18.600 -
				  18.855
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 60 - NOTICE OF GARNISHMENT MODEL FORMS › Section 137-060-0440 - Special Notice of Garnishment - Challenge to Garnishment Form

Current through Register Vol. 63, No. 7, July 1, 2024
Form referenced is attached. See Ed. Note.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  18.854(8)
Statutes/Other Implemented: ORS
				  18.375, ORS
				  18.385 & ORS
				  18.600-18.855
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 60 - NOTICE OF GARNISHMENT MODEL FORMS › Section 137-060-0450 - Special Notice of Garnishment - Notice of Exempt Property Form

Current through Register Vol. 63, No. 7, July 1, 2024
Form referenced is attached. See Ed. Note.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  18.854(8)
Statutes/Other Implemented: ORS
				  18.375, ORS
				  18.385 & ORS
				  18.600 -
				  18.855
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 65 - BIAS CRIME VICTIMS REPORTING AND REFERRAL › Section 137-065-0200 - Services for Victims of Bias Crimes and Incidents

Current through Register Vol. 63, No. 7, July 1, 2024
A Bias incident means a hostile expression of animus toward
				another person, their family, property, and/or pet, relating to the other
				person's actual or perceived race, color, national origin, sexual orientation,
				gender identity, disability, and/or religion of which criminal investigation or
				prosecution is impossible or inappropriate.
(1) "Hostile expression of animus" means a
			 person's act, process, or instance of:
(a)
			 Representing or conveying
(b)
			 Deep-seated ill will, antagonism, or hostility, even if controlled;
(c) In actions, words, or some other medium;
			 and
(d) Toward another group,
			 community, person, their family, property, or pet.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 68 - BIAS RESPONSE EMERGENCY FUND › Section 137-068-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this rule:
(1) "Applicant" means the victim, or the
			 victim's legal guardian, or in the case of a homicide, one (1) member of the
			 immediate family of the decedent, who applies for emergency monies pursuant to
			 this rule.
(2) "Bias crime" means
			 the commission, attempted commission or alleged commission of an offense
			 described in ORS
			 166.155 or
			 166.165.
(3) "Bias incident" has the meaning given
			 that term in ORS 147.380(1)(b).
(4)
			 "Department" means the Oregon Department of Justice.
(5) "Eligible costs" are approved expenses
			 necessary for an applicant to respond to a bias incident or bias crime that
			 occur within ninety (90) days of the bias incident or bias crime. Eligible
			 costs are limited to costs incurred for the following purposes:
(a) Security measures, including, but not
			 limited to, buying and installing home security cameras and video doorbells,
			 changing locks, repairing windows and doors, phone or internet bills or
			 installation, interpreter costs to interact with non-governmental agencies
			 assisting in security measures.
(b)
			 Relocation for safety purposes, whether temporary or permanent, including, but
			 not limited to, rent or partial rent, security deposit, moving costs, emergency
			 hotel stay, rental car, vehicle repair for the purpose of relocation, other
			 transportation costs, pet boarding.
(c) Costs incurred due to the bias incident
			 or bias crime rendering the victim unable to work, including, but not limited
			 to, rent or partial rent, food costs, phone or internet bills, other utility
			 bills.
(d) Property damage directly
			 resulting from the bias incident, including, but not limited to,
			 repairs/clean-up for visible hate speech etched or graffitied on personal
			 property or a necessary personal item, clean-up costs for damage done to the
			 victim's yard, vehicle or home, and insurance deductibles when insurance has
			 covered the primary losses in these situations. The Program may consider the
			 level of re-traumatization caused should the property remain unfixed.
(e) Eligible costs do not include funeral
			 costs, counseling costs, medical costs, rehabilitation costs, loss of earnings,
			 loss of support to dependents, child support, pain and suffering, purchase of a
			 firearm or other weapon, payment of a fine or other penalty, payment for
			 relocation of household or personal belongings from another state, purchase of
			 a pet or other guard animal, and attorney costs or other legal fees.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 68 - BIAS RESPONSE EMERGENCY FUND › Section 137-068-0020 - Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
An applicant is eligible for financial assistance under this
				rule if the Program finds, in its sole discretion, that:
(1) The applicant is either (i) a victim of a
			 bias crime or bias incident; (ii) the legal guardian of a victim of a bias
			 crime or bias incident; or (iii) the decedent of the deceased victim of a bias
			 crime or bias incident.
(2) The
			 bias incident or bias crime occurred in Oregon in the last ninety (90) days.
(3) The application for the
			 emergency monies was filed with the Program within ninety (90) days of the
			 occurrence of the bias incident or bias crime, unless the Program finds good
			 cause exists for the failure to apply within ninety (90) days. "Good cause" for
			 failure to apply within ninety (90) days of the bias incident or bias crime
			 exists if the Program finds that:
(a) The
			 victim fails to apply based on a reasonable fear that doing so would result in
			 retaliation to the victim or another person;
(b) The victim fails to apply due to the
			 traumatic nature of the crime;
(c)
			 The victim is physically unable to apply because of the severity of the trauma
			 resulting from the crime; or
(d)
			 Any other circumstance the Department determines satisfactory.
(e) Good cause does not exist if the victim's
			 financial need arises more than ninety (90) days after the bias incident or
			 bias crime occurs.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 68 - BIAS RESPONSE EMERGENCY FUND › Section 137-068-0030 - Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
Upon referral to the application for emergency monies by the
				Bias Response Hotline, an applicant or the victim may submit an application
				through the Program's application portal for emergency monies for eligible
				costs.
(1) Application information:
			 The applicant must provide the date of application; the name of the victim; the
			 name, role, and contact information for the applicant if the applicant is
			 filing the application on behalf of another person; the victim's phone number
			 (if they have one); the victim's physical address; the victim's email address
			 (if they have one); a description of the bias incident or bias crime; the date
			 of the bias incident or bias crime; a description and exact costs for which
			 emergency monies are sought; a statement of financial need indicating they do
			 not have existing resources to cover the eligible costs (no proof or
			 documentation required); payee information (described below); an agreement to a
			 limited release of information (described below); and certification from the
			 applicant indicating that the application is needed to address a specific
			 crisis situation or episode of need related to a bias incident or bias crime
			 that has occurred in the last ninety (90) days.
(2) Payee information: The application must
			 include full payee information, including payee name, payee mailing address,
			 payee physical address (if different), payee phone number, and the victim's
			 account number(s) where applicable, as well as any invoices, receipts, bills,
			 or other documentation of eligible costs that the Program may require in its
			 sole discretion.
(3) Limited
			 release: The applicant must agree to, and have the authority to agree to, a
			 time-limited release of information so that the Program may arrange for
			 payments to be made within the Department finance process, so the Department
			 may arrange for payment to the payee, and so the Department may communicate
			 with the prosecutor's office to request restitution to the Department if there
			 is a criminal prosecution.
(4)
			 Neither a police report nor evidence of the applicant's citizenship or
			 immigration status is a condition of applying for financial assistance under
			 this rule.
Statutory/Other Authority: ORS 147.380 & ORS
				  147.005-147.463
Statutes/Other Implemented: ORS 147.380 & ORS
				  147.005-147.463
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 68 - BIAS RESPONSE EMERGENCY FUND › Section 137-068-0040 - Financial Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Financial Assistance Amount and Limitations: An applicant may receive no more
			 than $1000.00 in aggregate financial assistance in a 365-day period, unless the
			 Program finds good cause to exceed that amount.
(a) When multiple family members are victims
			 of the same bias crime or bias incident, no more than $2000.00 shall be awarded
			 to the family in a 365-day period, regardless of the number of victims or the
			 makeup of the family, unless the Program finds good cause to exceed that
			 amount.
(b) When multiple family
			 members of a deceased victim apply for emergency monies, no more than $2000.00
			 shall be awarded to the family in a 365-day period, regardless of the size or
			 makeup of the family, unless the Program finds good cause to exceed that
			 amount.
(c) When multiple legal
			 guardians of a victim apply for emergency monies, no more than $1000.00 shall
			 be awarded to the family in a 365-day period, regardless of the size or makeup
			 of the family, unless the Program finds good cause to exceed that amount.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 68 - BIAS RESPONSE EMERGENCY FUND › Section 137-068-0050 - Dual Reports, Confidentiality and Department Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Dual reports: In the event of competing
			 allegations of bias between two persons, both alleging the other has
			 perpetrated bias against them, the application for emergency funds will be
			 reviewed by three (3) members of the Department's Civil Rights Unit. A
			 determination will be made within two (2) weeks of receipt of the application.
			 The applicants will not be made aware of the competing report of bias to
			 protect the confidentiality and safety of the other reporter. Emergency funds
			 may still be awarded to each victim.
(2) Confidentiality: Pursuant to ORS
			 147.380(6), any data collected by the Department under this section that
			 reveals the identity of any individual is exempt from public disclosure.
			 Information may be shared between state government offices if the fund is
			 audited.
(3) Review: The Department
			 may deem an application ineligible if the applicant fails to meet eligibility
			 requirements, fails to provide requested information in writing by the date
			 required by the Department, or if the application contains false or misleading
			 information. If the Department denies an application for emergency monies, the
			 applicant has thirty (30) days to contact the Civil Rights Director in writing
			 to request a review of the decision. The applicant will be notified in writing
			 of the Civil Rights Director's decision, which is final.
Statutory/Other Authority: ORS 147.380 & ORS
				  147.005-147.463
Statutes/Other Implemented: ORS 147.380 & ORS
				  147.005-147.463
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 73 - TRAUMA INFORMED RESPONSE TRAINING GRANT PROGRAM › Section 137-073-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules set out guidelines for the operation of the Trauma
				Informed Response Training grant program, established by HB 2575 to fund
				training for groups and agencies that interact with persons who have
				experienced trauma.
Statutory/Other Authority: HB 2575 (2021)
Statutes/Other Implemented: HB 2575
				  (2021)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 73 - TRAUMA INFORMED RESPONSE TRAINING GRANT PROGRAM › Section 137-073-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Grantee" is an
			 applicant that successfully applies for and receives money through the
			 grantmaking process carried out by the Department.
(2) "Law enforcement agency" is an agency
			 employing law enforcement officers, the primary duty of which is one or more of
			 the following:
(a) Detecting crime and
			 enforcing the criminal laws of this state or laws or ordinances relating to
			 airport security;
(b) The custody,
			 control or supervision of individuals convicted of or arrested for a criminal
			 offense and confined to a place of incarceration or detention; or
(c) The control, supervision and reformation
			 of adult offenders placed on parole or sentenced to probation and investigation
			 of adult offenders on parole or probation or being considered for parole or
			 probation.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 73 - TRAUMA INFORMED RESPONSE TRAINING GRANT PROGRAM › Section 137-073-0030 - Grant Program Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Frequency: Applications will be issued by
			 the department at least biennially as long as sufficient funds are
			 allocated.
(2) Eligibility
			 criteria:
(a) Eligible applicants for grant
			 awards include law enforcement or local government agencies;
(b) Project proposals must be consistent with
			 the model training program established by the Department.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 73 - TRAUMA INFORMED RESPONSE TRAINING GRANT PROGRAM › Section 137-073-0040 - Process for Awarding Grants

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Review Criteria:
(a) The Department staff
			 shall review applications according to objective criteria described in the
			 application packet. Non-competitive applications may be reviewed solely by
			 Department staff. Competitive applications may be reviewed by Department staff
			 with regard to satisfaction of minimum qualifications for eligibility, but
			 shall be reviewed by a review committee, established by the Department, with
			 regard to content. While numeric scoring will be used for any competitive award
			 process, the Department reserves the right to award funds to agencies based
			 upon criteria other than highest ranking numerical score;
(b) The Department shall consider the
			 community partnerships of the applicant when determining awards.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 73 - TRAUMA INFORMED RESPONSE TRAINING GRANT PROGRAM › Section 137-073-0050 - Grantee Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Grantee
			 shall submit reports to the Department as prescribed in the RFA. The form and
			 content of the report shall be specified by the Department. The report must
			 document how the funds were used and the extent to which the grantee was able
			 to meet anticipated outcomes, as well as other grant-related information
			 requested by the Department.
(2)
			 Outcome measures: Grantee must report on the number and disciplines of people
			 trained and describe what policies and/or procedures participants plan to
			 change that will improve trauma informed response practices as a result of the
			 training.
Statutory/Other Authority: HB 2575 (2021)
Statutes/Other Implemented: HB 2575
				  (2021)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 74 - CHILDREN'S ADVOCACY CENTER ONE-TIME GRANT › Section 137-074-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules set out guidelines for the operation of a one-time
				grant program established by Section 4(4) of SB 1579 (2024) to expand access to
				services and supports provided by children's advocacy centers and regional
				children's advocacy centers.
Statutory/Other Authority: SB 1579
Statutes/Other Implemented: SB
				  1579
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 74 - CHILDREN'S ADVOCACY CENTER ONE-TIME GRANT › Section 137-074-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Children's advocacy center" means a
			 facility that meets the facility standards consistent with national
			 accreditation standards established by National Children's Alliance to which a
			 child from the community may be referred to receive a thorough child abuse
			 assessment, for the purpose of determining whether the child has been abused or
			 neglected, and that facilitates a coordinated, comprehensive and
			 multidisciplinary response to cases of child abuse.
(2) "Regional children's advocacy center"
			 means a facility operated by a children's advocacy center that meets the
			 facility standards consistent with national accreditation standards established
			 by National Children's Alliance and is selected by the Child Abuse
			 Multidisciplinary Intervention Program to provide training and complex case
			 assistance, including one or more of the following:
(a) Consultation;
(b) Education;
(c) Referral;
(d) Technical assistance; and
(e) If authorized by the Department of
			 Justice, other services as needed.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 74 - CHILDREN'S ADVOCACY CENTER ONE-TIME GRANT › Section 137-074-0030 - Grant Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Eligibility
			 criteria:
(a) Children's Advocacy Centers must
			 apply directly for the grant. Applicants must certify that on or before June
			 30, 2025, the applicant will be accredited by the National Children's Alliance
			 or will have an application for accreditation with the National Children's
			 Alliance pending.
(b) A health care
			 provider or a medical facility may apply for a grant to expand medical
			 assessment services, intervention services and any other services and supports
			 not inconsistent with the purposes of ORS
			 418.746 to
			 418.796, if:
(A) The health care provider or medical
			 facility is connected through a linkage agreement or contract with a children's
			 advocacy center; and
(B) The
			 children's advocacy center satisfies the accreditation requirements described
			 in paragraph 1(a) of this subsection.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 74 - CHILDREN'S ADVOCACY CENTER ONE-TIME GRANT › Section 137-074-0040 - Process for Determining Award Amounts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may consider the following when determining the amounts of grants awarded:
(a) The applicant's capability to expand
			 access to or maintain a children's advocacy center in an underserved
			 community;
(b) The applicant's
			 capability to expand access of a children's advocacy center to a geographic
			 area of this state with no children's advocacy centers;
(c) The likelihood that the applicant, if
			 awarded a grant, will expand access to children's advocacy center services and
			 supports to children from historically marginalized and underserved
			 communities;
(d) If awarded a
			 grant, the ability of the existing or proposed children's advocacy center to
			 provide behavioral and mental health services for victims of child
			 abuse;
(e) The applicant's
			 capability to provide services to drug endangered children; and
(f) The applicant's capability to provide
			 services to children who have been trafficked.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 74 - CHILDREN'S ADVOCACY CENTER ONE-TIME GRANT › Section 137-074-0050 - Reallocation of Funds Not Applied For or Used

Current through Register Vol. 63, No. 7, July 1, 2024
(1) One-time grant
			 funds that were not allocated due to an Applicant's failure to request its
			 allocated funds, or an Applicant's failure to submit a complete application, or
			 failure to enter into a Grant Agreement, may be distributed to other eligible
			 applicants as a supplemental award.
(2) This reallocation of funds will occur no
			 later than June 30, 2025.
Statutory/Other Authority: SB 1579
Statutes/Other Implemented: SB
				  1579
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 76 - CRIME VICTIMS' COMPENSATION › Section 137-076-0000 - Authority for Rules

Current through Register Vol. 63, No. 7, July 1, 2024
These rules are adopted under the Department of Justice's
				authority contained in ORS
				147.205(1).
Stat. Auth.: ORS
				  147.205(1)
Stats. Implemented:
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 76 - CRIME VICTIMS' COMPENSATION › Section 137-076-0005 - Scope of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
These rules implement ORS
				147.005 through
				147.367 related to the
				compensation of crime victims.
Stat. Auth.: ORS
				  147.205(3)
Stats. Implemented:
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 76 - CRIME VICTIMS' COMPENSATION › Section 137-076-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in ORS
				147.005 through
				147.367 and OAR Chapter 137
				Division 76, unless the context requires otherwise:
(1) "Counseling" as used in ORS
			 147.005(6)
			 means the assessment, diagnosis or treatment of a mental, emotional, or
			 behavioral disorder or trauma directly related to a compensable crime by a
			 licensed health provider.
(2)
			 "Direct or collateral review" as used in ORS
			 147.035(7)
			 means proceedings in the Oregon Court of Appeals or the Oregon Supreme Court to
			 review a judgment of conviction, appeals by the State under ORS
			 138.045, judicial review of a
			 petition for post-conviction relief filed by a petitioner under ORS
			 138.540, or federal habeas
			 corpus proceedings under 28
			 U.S.C. 2254.
(3) "Disability" means the temporary or
			 permanent inability to perform one's essential job duties. The disability must
			 be established by medical evidence supported by the objective findings of a
			 medical practitioner or licensed mental health therapist.
(4) "Family" as used in ORS
			 147.035(4)(a)
			 means any of the following, determined at the time of the compensable crime:
(a) Any person related to the victim by
			 blood, marriage or adoption;
(b)
			 The partner, domestic partner, or fianc© of the victim, or of a parent of
			 the victim; or
(c) Any person who
			 had the same primary residence as the victim at the time of the compensable
			 crime.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 76 - CRIME VICTIMS' COMPENSATION › Section 137-076-0016 - Eligibility Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless
			 otherwise required by statute, for the purposes of determining an applicant's
			 eligibility for crime victim compensation under ORS
			 147.005 through
			 147.367 and computing the type
			 and amount of any compensation awarded to the applicant, the Department must
			 use the award limits in effect on the date the application was filed per ORS
			 147.035.
(2) A compensable crime must have been
			 committed by a person of full legal capacity for the victim or applicant to be
			 eligible for an award of compensation. If the Department approves an award of
			 compensation, and a court of competent jurisdiction subsequently finds that the
			 suspect is not criminally responsible or is incapacitated, the Department will
			 not change or rescind the award.
(3) When an order is used to satisfy the
			 reporting requirement per ORS
			 147.015(2) and
			 the order was dismissed after a contested hearing, a counseling only benefit
			 may be provided.
(4) Notification
			 of the perpetration of the crime as required by ORS
			 147.015 must have been done
			 prior to the application being received by the Department in order for a person
			 to be eligible for an award of compensation. Any documentation used to satisfy
			 the notification requirement must be directly related to the compensable
			 crime.
(5) Pursuant to ORS
			 147.105(6), if
			 an applicant is incarcerated at the time they apply for compensation, the
			 application will be processed in the normal course of business. Payments can be
			 made to health and other qualified providers, but any reimbursement to the
			 applicant will not be made until they are released from custody. Payments will
			 not be made for any healthcare received by the applicant while the applicant is
			 incarcerated. The claim expiration will be extended for 3 years from the date
			 the applicant is released from custody.
(6) If the applicant files an application for
			 a compensable crime and does not meet the eligibility requirements set forth in
			 ORS 147.015, the Department may
			 grant a limited counseling award of up to $5,000.00.
Statutory/Other Authority: ORS
				  147.205(3)
Statutes/Other Implemented: ORS
				  147.205(3)
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 76 - CRIME VICTIMS' COMPENSATION › Section 137-076-0019 - Fee Schedules

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall calculate payment of eligible
				crime-related medical and counseling expenses under ORS
				147.005 to
				147.367 as follows:
(1) When the victim of a compensable crime
			 has been awarded compensation and does not have insurance benefits or any other
			 prior resource to pay for crime-related medical or counseling expenses, the
			 Department shall pay crime-related medical and counseling expenses at the rates
			 set forth in the Oregon Workers' Compensation medical fee schedule in OAR
			 436-009-0040, except in the following circumstances:
(a) When crime-related medical expenses are
			 incurred in another state, expenses shall be paid at 75% of the billed
			 amount;
(b) Medical expenses
			 involving dental work shall be calculated based on the Oregon Workers'
			 Compensation dental fee schedule rate of 90% of the billed amount;
(c) Ambulance and emergency transportation
			 expenses shall be paid at 75% of the billed amount;
(d) Residential treatment expenses shall be
			 paid at 75% of the billed amount;
(e) Transportation under ORS
			 147.035 (1)(g)
			 shall be paid at the rate of .50 cents per mile and will include personal
			 vehicle, taxi, or bus;
(f)
			 Counseling services must be provided by one of the following counseling
			 providers in order to be eligible for payment by the Department. Providers
			 shall be paid at the following hourly rates:
(A) Qualified Mental Health Professionals as
			 defined in OAR 309-039-0510(10)  or equivalent in another state shall be paid at
			 the hourly rate of $75.00 if they are licensed or being supervised by a
			 licensed mental health provider;
(B) Counselors, therapists, and social
			 workers licensed by the Oregon Board of Licensed Professional Counselors and
			 Therapists under ORS 675.705 through
			 675.835 or equivalent in another
			 state shall be paid at the hourly rate of $105.00;
(C) Psychologists licensed under ORS Chapter
			 675 or equivalent licensure in another state shall be paid at the hourly rate
			 of $130.00;
(D) Psychiatric nurses
			 licensed under ORS Chapter 678 or equivalent in another state shall be paid at
			 the hourly rate of $130.00;
(E)
			 Doctor of Medicine or Doctor of Osteopathy licensed under ORS Chapter 677 or
			 equivalent licensure in another state shall be paid at the hourly rate of
			 $160.00;
(F) The Department may pay
			 for other counseling services based on the nature of the victimization and the
			 education, training, and experience of the provider when sufficient
			 documentation establishing the provider's education, training, and experience
			 is provided to the Department. The Department will determine the hourly payment
			 amount based on the supporting documentation.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 76 - CRIME VICTIMS' COMPENSATION › Section 137-076-0025 - Lost Earnings and Loss of Support Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A victim is eligible for loss of earnings
			 under ORS 147.035(2)(b)
			 when:
(a) The victim is eligible to receive
			 compensation under ORS
			 147.005 to
			 147.367;
(b) The victim was gainfully employed or
			 receiving unemployment benefits at the time of the compensable crime;
			 and
(c) The victim is prevented
			 from working as a direct result of the compensable crime.
(A) Loss of earnings does not include missed
			 time from work to attend court hearings or appointments;
(B) Loss of earnings does not include
			 intermittent leave;
(C) Lost
			 earnings compensation for periods of disability in excess of 10 working days
			 may be paid only if the period of disability is confirmed by a health provider,
			 or a licensed therapist when the victim has missed work due to an emotional
			 injury. The maximum period for wage loss due to an emotional injury is six
			 months unless good cause is determined by the Department.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 76 - CRIME VICTIMS' COMPENSATION › Section 137-076-0030 - Good Cause for Extending Application Deadline

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An application for compensation shall be
			 considered filed when received by the Department.
(2) "Good cause" for failure to file an
			 application for compensation within one year of the date of the crime as
			 required by ORS 147.015(1)(e)
			 includes but is not limited to the victim's lack of knowledge of the Crime
			 Victims' Compensation Program, failure of a law enforcement official to provide
			 information to the victim as required by ORS
			 147.365(1), or
			 emotional or physical trauma sustained by the victim that was a barrier to
			 timely filing the application for compensation.
(3) If good cause is established, any award
			 granted will be at the sole discretion of the Department.
Statutory/Other Authority: ORS
				  147.205(1)
Statutes/Other Implemented: ORS
				  147.015
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 76 - CRIME VICTIMS' COMPENSATION › Section 137-076-0032 - Suspension of Application for Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
If the Department requires additional information from the
				applicant to process an application, a request for this additional information
				will be mailed or emailed to the applicant. If the applicant fails to respond
				within 30 days of the date the request for information was mailed or emailed,
				the Department shall send a written notice to the applicant's last known
				address informing the applicant that the application for compensation will be
				suspended until the applicant provides the requested information. The
				application will be in a suspended status until the applicant responds to the
				request for information. If information is provided more than one year after
				receipt of the initial application, any award provided is at the discretion of
				the Department.
Statutory/Other Authority: ORS
				  147.205(1)
Statutes/Other Implemented: ORS
				  147.105
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 76 - CRIME VICTIMS' COMPENSATION › Section 137-076-0034 - Request to Withdraw or Close an Application

Current through Register Vol. 63, No. 7, July 1, 2024
An applicant may request that their application for
				compensation be withdrawn or closed. A request for withdrawal or closure of an
				application must be made in writing. Once withdrawn or closed pursuant to this
				rule, the application will not thereafter be reopened unless the victim was a
				child when the compensable crime was committed, they are now an adult, and they
				wish to access the Department's services. A request to reopen an application
				must come from the victim and must be made in writing. The request must specify
				why the application should be reopened. It is in the Department's sole
				discretion whether to reopen the application.
Statutory/Other Authority: ORS
				  147.205(1)
Statutes/Other Implemented: ORS
				  147.015 &
				  147.135
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 76 - CRIME VICTIMS' COMPENSATION › Section 137-076-0037 - Payment of Catastrophic Injury Claims

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purpose of ORS
			 147.035(10), a
			 victim has suffered a catastrophic injury if the victim is eligible for an
			 award of compensation under 147.005 to 147.367 and has sustained a severe and
			 debilitating long term or lifelong personal injury as a direct result of the
			 compensable crime.
(2) In order to
			 be eligible for catastrophic injury compensation the victim also must satisfy
			 the following criteria:
(a) The victim has
			 suffered significant and sustained reduction of the victim's previous
			 functioning of physical abilities, and that reduction significantly alters the
			 victim's ability to interact with others or carry on the normal functions of
			 life;
(b) There has been a material
			 reduction in the victim's ability to work; and
(c) There has been a physical or
			 neuro-physical impairment such that no fundamental or marked improvement in the
			 victim's crime-related condition reasonably can be expected.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 76 - CRIME VICTIMS' COMPENSATION › Section 137-076-0040 - Payment of Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
No compensation will be paid to an applicant until expenses are
				accrued, treatment has been completed and all required documentation is
				received by the Department. Pursuant to ORS
				147.125(1)(c)
				benefits, payments or awards received by the victim, or survivors or dependents
				of the victim, from any source are considered a prior resource. A prior
				resource may include but is not limited to: private or public health insurance,
				automobile insurance, workers' compensation, disability insurance, homeowner's
				insurance, Paid Leave Oregon or equivalent plan, unemployment benefits,
				restitution, civil settlements, and tribal per capita payments. Indian Health
				Services insurance is not considered a prior resource.
Statutory/Other Authority: ORS
				  147.205(1)
Statutes/Other Implemented: ORS
				  147.035
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 76 - CRIME VICTIMS' COMPENSATION › Section 137-076-0043 - Submission of Bills

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Requests for
			 payment of crime related expenses shall be submitted in the form of an itemized
			 billing statement detailing the services provided, the provider's name, the
			 date of service and, if necessary, any additional documentation the Department
			 requests.
(2) All bills submitted
			 to the Department for payment consideration must be submitted within 60 days of
			 claim expiration. Failure to submit bills to the Department within this time
			 frame may result in denial of payment.
(3) No payment shall be authorized for
			 services provided after the date of claim expiration as described in ORS
			 147.035(8) and
			 (9), except:
(a) If a specific medical or dental procedure
			 was commenced by the provider or approved by the Department prior to the date
			 of claim expiration, but completion of the procedure will extend beyond claim
			 expiration. The cost of the procedure and the duration of the treatment must be
			 submitted to and approved by the Department prior to the date of claim
			 expiration. No payment will be authorized for additional expense beyond the
			 approved amount unless such additional expenses occur prior to the date of
			 claim expiration and are approved by the Department. Payment will not be made
			 to a medical or dental provider until services are rendered;
(b) It is a catastrophic claim pursuant to
			 ORS 147.035(10)(a)
			 and OAR 137-076-0037
.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 76 - CRIME VICTIMS' COMPENSATION › Section 137-076-0045 - Emergency Award; Overpayment

Current through Register Vol. 63, No. 7, July 1, 2024
In the event an emergency award or overpayment is made and it
				is later determined that the application for compensation is not compensable or
				that there has been an overpayment, the recipient shall reimburse the
				Department for all emergency award payments or overpayment made, upon request
				by the Department. If the recipient does not repay the funds, the Department
				may commence a civil action for the recovery of such monies.
Stat. Auth.: ORS
				  147.205(1)
Stats. Implemented: ORS
				  147.055
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 76 - CRIME VICTIMS' COMPENSATION › Section 137-076-0055 - Fraudulent Information

Current through Register Vol. 63, No. 7, July 1, 2024
Any applicant who misrepresents information in an application
				for crime victims' compensation or in any other materials requested by the
				Department, forfeits any eligibility for compensation and the applicant's
				application for compensation shall be denied with prejudice.
Stat. Auth.: ORS
				  147.205(1)
Stats. Implemented: ORS
				  147.255
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 76 - CRIME VICTIMS' COMPENSATION › Section 137-076-0056 - Reconsideration Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of ORS 147.145, adult applicants shall
			 have 90 calendar days from the date of the initial determination order to
			 request review of the order by the Department. The request for review must be
			 made in writing to the Department. If the request for review is made more than
			 90 calendar days after the date of the initial determination order, the
			 Department may consider whether there is good cause to grant an extension of
			 the deadline. No good cause extensions will be considered after three years
			 have passed from the date of the initial determination order. The following
			 events may constitute good cause for failure to submit a request for review
			 within 90 calendar days:
(a) Law enforcement
			 identified new, relevant evidence regarding the compensable crime;
(b) Physical or emotional trauma sustained by
			 the victim that was a barrier to submit the request for reconsideration within
			 the 90-day period; or
(c) The
			 applicant notified the Department of any changes in the applicant's mailing
			 address, but did not receive the Department's initial determination order, and
			 the applicant provides documentation that the Department did not properly mail
			 the initial determination order.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 76 - CRIME VICTIMS' COMPENSATION › Section 137-076-0065 - Negotiated Settlements

Current through Register Vol. 63, No. 7, July 1, 2024
If the victim is successful in a claim or legal action against
				the assailant or another party and is able to recover monetary damages, the
				Department shall be subrogated for the full amount of payments made by the
				Department. However, the Department may, at its sole discretion, waive all or
				part of its recovery, if it is determined to be in the best interests of the
				Department and the victim.
Stat. Auth.: ORS
				  147.205(3)
Stats. Implemented: ORS
				  147.345
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 76 - CRIME VICTIMS' COMPENSATION › Section 137-076-0070 - Payment of Grants Under ORS 147.231

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in ORS
			 147.231:
(a) "Eligible public or private non-profit
			 agency" means any public, state or local governmental entity or program or
			 private non-profit organization that provides services to victims of violent
			 crimes, property crimes and crimes involving fraud and deception;
(b) "Services" includes but is not limited
			 to, those services listed in ORS
			 147.231(3) and:
(A) Training that enhances an eligible public
			 or private non-profit agency's ability to serve victims of violent
			 crime;
(B) Development of statewide
			 procedures or services to enhance an eligible public or private non-profit
			 agency's program's ability to respond to victims of violent crimes;
(C) Community crisis response services;
(D) Crime scene clean-up of
			 residences;
(E) Crime-related
			 health and mental health services; and
(F) Costs necessary to providing direct
			 services to victims.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 78 - CRIME VICTIMS' ASSISTANCE › Section 137-078-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 147.227 et seq ("the Act")
				provides that the Attorney General or the designee shall disburse a portion of
				the moneys that the Criminal Injuries Compensation Account receives from the
				Criminal Fine Account ("CFA") to counties and cities where prosecuting
				attorneys maintain victims' assistance programs approved by the Attorney
				General. The Act also requires the Attorney General to adopt administrative
				rules establishing criteria for the equitable distribution of moneys disbursed
				under the Act. OAR
				137-078-0000  through
				137-078-0050 (the "Rules") establish the criteria for the equitable distribution of moneys
				disbursed under the Act, and the establishment of an advisory committee to
				provide consultation on the distribution of the moneys.
Stat. Auth.: ORS 147
Stats. Implemented: ORS
				  147.227
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 78 - CRIME VICTIMS' ASSISTANCE › Section 137-078-0005 - Designee

Current through Register Vol. 63, No. 7, July 1, 2024
The designee of the Attorney General under the Act is the
				Administrator of the Oregon Department of Justice ("DOJ") Crime Victims'
				Services Division ("CVSD"), ("Administrator").
Stat. Auth.: ORS 147
Stats. Implemented: ORS
				  147.227
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 78 - CRIME VICTIMS' ASSISTANCE › Section 137-078-0010 - Approval of Funding and Duration of Funding

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be eligible and approved for
			 distribution of moneys under the Act ("Fund" or "Funding"), a city or county
			 victims' assistance program ("Program") must be operational at the time an
			 application for Funding is made. A Program is operational for the purposes of
			 this rule if at the time of application for Funding, it is providing the core
			 services set forth in 137-078-0030.
(2) Programs which are determined to be
			 eligible under the Act and these rules and are approved for Funding will
			 continue to be approved for Funding indefinitely subject to the availability of
			 Criminal Fine Account revenues, OAR 137-078-0050  and the following:
(a) The Program shall complete an application
			 for Funding, thereby indicating that the approved Program will continue in
			 operation for the duration of the grant period. In the event the application
			 indicates that the Program will not continue beyond the duration of the grant
			 period, Funding for the Program will expire at the end of the grant period, or
			 on the date the Program indicates it will no longer be operational, whichever
			 is earlier. Any subsequent reactivation of a Program or initiation of a new
			 Program will require a new application for Funding.
(b) If a Program discontinues a core services
			 as described in OAR 137-078-0030, the Administrator may require a new approval
			 of Funding, based upon a new Program application, in order to continue Funding
			 of the Program. The addition of services to an approved Program does not
			 require a new approval or new Program application for continued Funding.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 78 - CRIME VICTIMS' ASSISTANCE › Section 137-078-0015 - Distribution of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Administrator, or designee during periods of absence or unavailability, is
			 authorized to interpret and apply the criteria for the equitable distribution
			 of moneys disbursed under the Act and these rules. The Administrator, after
			 consultation with the advisory committee established under these Rules (the
			 "Committee"), shall make decisions concerning eligibility of Programs for
			 Funding. The Administrator is also authorized, after consultation with the
			 Committee, to make all other decisions concerning distribution of moneys to
			 counties and cities, including but not limited to, denial of Funding,
			 conditional allocation of Funding when necessary to establish eligibility for
			 Funding, notices and time limits for applications, acceptance of Funding terms,
			 conditions and reports, method of review and role of the Committee, and
			 reallocation of moneys not applied for or disbursed by Programs.
(2) The criteria for the equitable
			 distribution of moneys disbursed under the Act and these Rules to Programs (the
			 "Formula") is based on the following criteria:
(a) The amount of Funding shall reflect
			 consideration of county per capita population, county crime rates and other
			 similar criteria.
(b) The Formula
			 established for counties will be applied to cities, and be adjusted as
			 necessary to reflect the current percentage of the total of Program Funding the
			 counties have received under the current allocation per 137-078-0010(2)(a).
			 City Programs will only be approved for Funding after consultation with the
			 Committee and after a memorandum of understanding (MOU) between the County and
			 City programs has been executed. The financial impact and Funding
			 considerations associated with adding a new city Program will be considered in
			 the context of ORS 147.227(2)(c)
			 which requires service priority to victims of serious crimes against persons.
Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 78 - CRIME VICTIMS' ASSISTANCE › Section 137-078-0020 - Conditional Approvals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Conditional
			 Approval" means Grant approval under circumstances in which the application
			 establishes to the satisfaction of the Administrator that it would not be
			 practicable at time of application for the Program to initiate or maintain a
			 Program which provides all of the core services described in the Act and these
			 rules.
(2) Applications for
			 Conditional Approval shall set forth a time table for implementation of all
			 core services required under the Act and these rules that cannot be provided at
			 the beginning of the funding period.
(3) Conditional Approvals shall include the
			 condition that continued approval is contingent upon complete implementation of
			 additional services within an agreed to timetable, and that temporary approval
			 for subsequent years will be contingent upon the addition of services and
			 approval of the Administrator.
Stat. Auth.: ORS 147
Stats. Implemented: ORS
				  147.227