Alabama Administrative Code Title 262 - ALABAMA CRIME VICTIMS COMPENSATION COMMISSION
The Alabama Administrative Code, Title 262, is dedicated to the Alabama Crime Victims Compensation Commission (ACVCC). This Commission was established by the Alabama Legislature to provide financial assistance and support to innocent victims of violent crime for the allowable expenses they incur as a direct result of victimization. Its primary goal is to alleviate some of the financial burdens on victims and their dependents, offering a means of hope and support.
The rules within Title 262 outline the specific criteria, procedures, and types of compensation available to victims, ensuring the program is administered consistently and fairly.
Here's a breakdown of the key chapters and areas covered:
1. Chapter 262-X-1 - General Information and Definitions:
Purpose (262-X-1-.01): Clearly states the legislative intent to provide financial and other assistance for victims of violent crime. It emphasizes that compensation is for "allowable expenses" incurred directly from victimization and does not cover expenses paid by other sources (collateral sources).
Program Description: Details that the ACVCC provides financial assistance for personal injury, psychological injury, or death resulting from violent crime.
Maximum Compensation: Specifies the maximum amount of compensation that may be awarded per claim (e.g., up to $15,000 for crimes before a certain date, and higher amounts like $20,000 for crimes on or after October 1, 2014, although amounts can change and should be verified with the current rules).
Contact Information: Provides ways for the public to obtain information, including website, phone, and mailing addresses.
Departmental Forms Index (Appendix A): References a listing of all forms claimants may need to complete.
Definitions: Crucially defines terms such as:
Criminally Injurious Conduct: An act resulting in serious personal injury or death, punishable by fine/imprisonment/death, occurring within Alabama or, under specific circumstances, outside Alabama to an Alabama citizen (e.g., acts of terrorism, or if the victim had a permanent place of employment in AL, was a student in another state, etc.). It explicitly excludes certain acts committed outside Alabama.
Victim: A person who suffered serious personal injury, psychological injury from a direct face-to-face threat of physical injury, or actual physical injury, or death due to criminally injurious conduct.
Dependent: A natural person wholly or partially dependent on the victim for care or support, including children born after the victim's death.
Claimant: The victim, a dependent of a deceased victim, or a person legally authorized to act on their behalf.
Allowable Expense: Charges for needed products, services, and accommodations (e.g., medical care, rehabilitation, counseling, funeral expenses, work loss, replacement services loss, moving expenses, future economic loss).
Collateral Source: Any source of compensation or recovery that the victim or claimant has received or is entitled to receive from sources other than the Commission (e.g., insurance, worker's compensation).
2. Chapter 262-X-2 - Organization of the Commission:
Details the structure and composition of the Alabama Crime Victims Compensation Commission, as established by statute. This typically includes the number of members, their appointment process, and the election of a chair.
3. Chapter 262-X-3 - Processing and Administration of Claims:
Outlines the detailed steps and requirements for submitting a claim for compensation.
Application Process: Instructions for completing and submitting the application, including required documentation (e.g., bills, receipts, police reports, medical records).
Deadlines: Specifies the timeframe for filing a claim (e.g., generally within one year of the incident, with provisions for "good cause" for late filing).
Required Cooperation: Emphasizes the claimant's obligation to cooperate with law enforcement, prosecutors, courts, and the Commission in the investigation and processing of the claim.
Request for Information: Procedures for the Commission to request additional information from claimants and the timeframe for claimants to respond.
Emergency Awards: Rules for emergency compensation awards in urgent situations (e.g., refusing treatment pending payment, imminent physical danger requiring moving).
4. Chapter 262-X-4 - Eligibility Criteria for Compensation:
This chapter is critical for determining who qualifies for compensation.
Victim Eligibility:
The victim must have suffered serious personal injury, psychological injury, or death as a result of a criminal act.
The crime must have been reported to law enforcement within a specific timeframe (e.g., 72 hours, unless good cause is shown).
The victim/claimant must have cooperated with law enforcement and the Commission.
The victim must not have been the offender, an accomplice, or contributed to their own victimization (e.g., by engaging in illegal activity, provoking the incident).
The victim's presence in the United States must be lawful (with exceptions for human trafficking and domestic violence victims).
Allowable Expenses and Limitations: Specifies the types of expenses that are compensable and sets maximum limits for each category:
Medical Expenses: Doctor, hospital, dental, prescriptions, medical supplies, inpatient psychiatric care (not covered by insurance).
Counseling Expenses: Fees for licensed counselors, psychologists, psychiatrists, and group therapy, often with limits on sessions and hourly rates.
Work Loss: Loss of income from work the victim would have performed, with weekly maximums and duration limits (e.g., $600 per week for up to 52 weeks for crimes after 10/1/2014).
Replacement Services Loss: Expenses for necessary services the victim would have performed if not injured or deceased (e.g., child care, house cleaning).
Funeral Expenses: Funeral home, cremation, burial, monument, with specific maximums (e.g., $7,000 for crimes after 10/1/2014).
Moving Expenses: Security deposits, utility deposits, and moving costs in extreme circumstances of imminent physical danger (with a maximum).
Future Economic Loss: Justified future expenses or losses, with a maximum.
Property Crime Exclusions: Explicitly states that the Commission does not compensate for property crimes, accidents, identity theft, pain and suffering, or attorney's fees.
Collateral Source Rule: Reiterate that compensation is reduced or denied by amounts received from other sources (insurance, worker's compensation, restitution, etc.).
5. Chapter 262-X-5 - Appeals:
Outlines the process for appealing a decision made by the Executive Director or the Commission, ensuring due process for claimants.
The Alabama Crime Victims Compensation Commission, through these detailed administrative rules, aims to provide tangible support and relief to innocent victims of violent crime in Alabama, recognizing the profound impact of criminal acts on individuals and families.
For the most accurate and up-to-date information, it is always recommended to consult the official Alabama Administrative Code, Title 262, available through the Alabama Legislative Services Agency's Administrative Code website, and the Alabama Crime Victims Compensation Commission's official website (acvcc.alabama.gov).
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