Oklahoma Administrative Code Title 185 - Crime Victims Compensation Board
Oklahoma Administrative Code Title 185 - Crime Victims Compensation Board
Overview
Title 185 governs the Crime Victims Compensation Board (CVCB) in Oklahoma. The Board administers a fund to compensate victims of violent crimes for certain out-of-pocket expenses resulting from their victimization. The goal is to provide financial assistance to help victims recover from the physical, emotional, and economic impacts of crime.
Purpose of the Crime Victims Compensation Board
To provide financial compensation to innocent victims of violent crimes.
To assist victims in recovering costs related to medical care, counseling, lost wages, and other crime-related expenses.
To promote justice and healing for victims when the criminal justice system alone does not address all their needs.
Key Provisions of Title 185
1. Eligibility for Compensation
Victims of violent crimes such as assault, homicide, sexual assault, domestic violence, and other qualifying offenses may apply.
Applicants must file claims within a specified time frame following the crime (usually within one year).
Compensation is available only for expenses not covered by other sources (e.g., insurance).
2. Types of Compensable Expenses
Medical and dental expenses directly resulting from the crime.
Counseling and mental health services.
Lost wages due to inability to work following the crime.
Funeral and burial costs for homicide victims.
Crime scene cleanup costs (in some cases).
Other necessary and reasonable expenses as approved by the Board.
3. Application and Review Process
Victims or their representatives file a detailed claim with the Board.
The Board reviews claims for eligibility, validity, and completeness.
Investigations may be conducted to verify facts and prevent fraud.
Applicants may be asked to provide medical records, police reports, and other documentation.
4. Disqualification and Denial of Claims
Claims can be denied if the victim was involved in criminal activity related to the crime.
Compensation is not provided for losses covered by other benefits or insurance.
The Board may deny claims if the victim failed to cooperate with law enforcement or the Board.
5. Appeals and Hearings
Applicants have the right to request a hearing if a claim is denied.
The Board conducts hearings where evidence is presented.
Decisions can be reviewed internally; further judicial review may be available under administrative procedures.
6. Fund Administration and Funding
The fund is supported by fines, penalties, and fees collected from offenders and other sources.
The Board manages the fund to ensure equitable distribution and sustainability.
Relevant Case Law
Case 1: Eligibility and Timeliness of Application
Summary: A victim filed a claim after the statutory deadline.
Holding: The court upheld the Board’s denial of the late claim.
Reasoning: Strict adherence to filing deadlines is essential to the Board’s administrative process and fund management. Exceptions may be limited to extraordinary circumstances.
Case 2: Compensation Denied Due to Victim’s Criminal Conduct
Summary: A claim was denied because the victim was found to have been engaged in illegal activity connected to the incident.
Holding: The court affirmed the Board’s denial.
Reasoning: Compensation is intended for innocent victims; involvement in criminal conduct related to the crime disqualifies applicants to prevent misuse of funds.
Case 3: Scope of Compensable Expenses
Summary: The Board denied coverage for certain counseling expenses.
Holding: The court ruled the Board’s determination was reasonable where expenses were not directly related to the crime.
Reasoning: The Board has discretion to determine what expenses are “necessary and reasonable,” and its decisions are entitled to deference absent abuse of discretion.
Case 4: Right to Hearing and Due Process
Summary: An applicant challenged the denial of benefits without a hearing.
Holding: The court found the Board must provide adequate notice and opportunity for a hearing before final denial.
Reasoning: Due process requires fair procedures in administrative adjudication affecting individual rights and benefits.
Summary
The Oklahoma Administrative Code Title 185 outlines the procedures and policies for the Crime Victims Compensation Board to provide financial relief to innocent victims of violent crimes. It establishes eligibility criteria, types of compensable expenses, application processes, and enforcement mechanisms to prevent abuse.
Judicial rulings affirm the Board’s authority to enforce deadlines, disqualify applicants involved in criminal activity, determine compensable expenses within discretion, and require procedural fairness in hearings.
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