Utah Administrative Code Topic - Crime Victim Reparations
Here’s an in-depth look at the Utah Administrative Code (UAC) covering Crime Victim Reparations:
⚖️ Legal Framework: Eligibility & Fund
Statutory Authority
The program is established under Utah Code Title 63M, Chapter 7, Part 5, administered by the Office for Victims of Crime and the Crime Victim Reparations & Assistance Board (le.utah.gov).
Crime Victim Reparations Fund (63M‑7‑526)
Funded by legislative appropriations, inmate wages, and discretionary reparations ordered by judges; supports victim awards, services, and administration (casetext.com).
✅ Eligibility & Ineligibility
Eligible Claimants (§ 63M‑7‑509)
Includes victims, their dependents, or representatives, provided they suffered from criminal injury in Utah (or in jurisdictions lacking restitution), reported the crime, and cooperated with authorities (with special exceptions for sexual assault or strangulation victims) (casetext.com).
Ineligible Claimants (§ 63M‑7‑510)
Disqualifies offenders, accomplices, claimants who would unjustly enrich an offender, uninsured vehicle accident victims not complying with insurance laws, incarcerated individuals, probationers, and those submitting fraudulent or material misrepresentation. Fraudulent claims can trigger misdemeanor or felony penalties depending on award amounts (law.justia.com).
💰 Compensable Losses
Under § 63M‑7‑511 (in effect through December 31, 2024), awards cover:
Medical and mental health services
Loss of earnings (up to 66⅔% of salary)
Funeral/burial expenses
Dependent support
Essential personal property
Pregnancy-related care for sexual assault
Other necessary products or services (casetext.com).
Board rules under R270‑1‑1 through R270‑1‑28 further detail award types, documentation, subrogation, and timelines (law.cornell.edu).
🧾 Standards & Protections in UAC R270‑1
Unjust Enrichment (R270‑1‑18)
Claims are not denied solely due to offender living with victim. Victim cooperation and third-party direct payments are emphasized. Collateral resources (restitution, insurance) are reviewed, but non‑payment by offender does not penalize the victim. Awards may be reduced only if substantial benefit to offender would occur (law.cornell.edu).
Victim Misconduct (R270‑1‑22)
Reductions may occur if victim’s intentional conduct substantially contributed to injury/death. However, actions under duress or involving sex crimes are exempt (law.cornell.edu).
Victim Services Grants (R270‑1‑26)
Surplus funds can be directed to community programs through grants. These are competitive, non-entitlement awards with periodic reporting (law.cornell.edu).
🛠️ Application Process & Administration
Claimants apply via a prescribed written form.
Crimes must be reported (except certain sexual offenses).
Cooperation with law enforcement and prosecutions is mandatory (with specific exceptions noted above).
Reparations officers review and approve eligible claims per code and formal rules under R270‑1.
🔎 Summary
UAC Title R270-1 operationalizes statutory mandates in Title 63M‑7 for Utah’s crime victim reparations, ensuring:
Eligibility criteria aligned with legal standards
Comprehensive coverage of economic losses and services
Fairness safeguards (misconduct rules, abuse prevention via unjust enrichment criteria)
Victim-focused flexibility, including grants and direct provider payments
Would you like:
Exact rule texts for sections like R270‑1‑4 (emergency awards) or R270‑1‑14 (records)?
Help understanding how subrogation works under this system?
Sample forms or guidelines for filing a claim?
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