North Dakota Administrative Code Title 94 - Corrections and Rehabilitation, Department Of
Overview of Title 94 - Corrections and Rehabilitation, Department Of
Title 94 contains the administrative rules issued by the North Dakota Department of Corrections and Rehabilitation (DOCR). These rules govern how the department operates and implements programs, including the Crime Victims Compensation program, which is the main active part of Title 94.
Crime Victims Compensation Program under Title 94
Purpose and Scope
The program provides financial compensation to innocent victims of violent crimes who suffer physical injury, emotional trauma, or death. It aims to help victims cover medical bills, lost wages, counseling, and other related expenses.
Authority
The program is authorized by state law under the North Dakota Century Code Chapter 54-23.4, which gives the Department of Corrections and Rehabilitation the power to administer compensation claims and establish rules for eligibility, applications, and appeals.
Key Administrative Rules (Summarized)
Eligibility Requirements
The victim must have suffered injury or death as a direct result of criminally injurious conduct.
The victim must not have caused or provoked the criminal act.
The victim must cooperate with law enforcement and prosecutors.
Claims must be filed within a certain timeframe after the crime.
Types of Compensation Allowed
Medical and dental expenses related to the crime.
Loss of wages or support due to injury or death.
Counseling and mental health treatment.
Funeral expenses for deceased victims.
Application Process
Victims or their representatives submit applications with documentation.
The fund administrator reviews applications for completeness and eligibility.
Decisions are made to approve, deny, or partially compensate claims.
Appeals and Hearings
If a claim is denied or reduced, the applicant can request an informal review.
Following the informal review, the applicant may request a formal administrative hearing.
Final agency decisions may be appealed to the courts.
Important Case Law Related to Title 94 and Crime Victims Compensation
Hughes v. North Dakota Crime Victims Reparations Board (1976)
Facts: Hughes was assaulted and missed work to testify at trial. He applied for compensation for lost wages during the time he testified.
Issue: Does the statute compensate for lost wages caused by testifying in court?
Holding: The North Dakota Supreme Court held that compensation for lost wages applies only to wages lost due to injury, not due to time spent testifying. Therefore, Hughes’ claim for lost wages during testimony was denied.
Significance: This case clarifies that the statute must be strictly construed, and compensation covers only direct economic losses resulting from injury, not incidental losses like testifying.
Heier v. North Dakota Department of Corrections and Rehabilitation (2012)
Facts: While this case was not about crime victims compensation specifically, it involved challenges to administrative decisions within the Department of Corrections.
Issue: Whether disciplinary actions by the department violated procedural rules.
Holding: The court held that the department must follow procedural fairness and cannot impose multiple punishments for the same conduct.
Significance: This case shows courts will enforce statutory and administrative limits on agency actions, relevant to how the Department of Corrections must operate under Title 94.
Legal Principles From the Administrative Code and Case Law
Strict Statutory Interpretation:
The scope of compensation is strictly limited to losses explicitly covered by the statute and administrative rules.
Timeliness and Cooperation:
Victims must file claims promptly and cooperate fully with investigations to maintain eligibility.
Exclusions for Misconduct:
Victims who contribute to or provoke the criminal conduct may be barred from receiving compensation.
Right to Appeal:
The administrative process includes internal reviews and hearings to ensure fair treatment, with judicial review available if necessary.
Summary
Title 94, through administrative rules, implements the Crime Victims Compensation program.
The program provides limited financial help to innocent victims of violent crimes.
Eligibility depends on strict adherence to statutory criteria, with deadlines and cooperation requirements.
Courts uphold these rules and limit compensation to direct losses caused by crime.
Appeals processes provide checks on agency decisions, ensuring procedural fairness.
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