Utah Administrative Code Topic - Crime Victim Reparations
1. Overview of Crime Victim Reparations in Utah
The Crime Victim Reparations Program in Utah is designed to provide financial assistance to victims of violent crimes. This is meant to help cover expenses related to:
Medical care
Counseling
Lost wages
Funeral expenses (in homicide cases)
Other reasonable expenses directly resulting from the crime
Authority:
The program operates under Utah Code § 77-38-1 et seq. and is implemented via the Utah Administrative Code, Title R658, “Crime Victim Reparations.”
2. Utah Administrative Code (UAC) Provisions
A. Eligibility (R658-1-1 through R658-1-6)
To qualify for reparations:
Victim Status:
The applicant must be a direct victim of a crime of violence. Certain family members (e.g., dependents of a homicide victim) can also apply.
Report to Law Enforcement:
The crime must be reported to law enforcement promptly (usually within 72 hours, unless a reasonable delay is justified).
Cooperation:
Victims must cooperate with the criminal investigation and prosecution.
Financial Need / Coverage:
Reparations cover expenses not compensated by insurance or other sources. They are a supplement, not a replacement for other coverage.
Example:
A victim who has medical insurance may only receive reparations for the portion not covered by insurance.
B. Compensable Expenses (R658-2)
The UAC specifies which expenses are eligible:
| Expense Type | Details |
|---|---|
| Medical | Emergency care, hospital bills, rehabilitation, counseling |
| Lost Wages | Income lost due to injury or court appearances |
| Funeral Costs | Reasonable funeral and burial expenses for homicide victims |
| Relocation/Crime Scene Cleanup | Costs incurred directly due to crime |
Limitations:
There are caps on payouts, which are periodically adjusted. For example, the maximum payment for medical expenses may differ from counseling expenses.
C. Application Process (R658-3)
Filing:
Victims or their representatives submit a formal application with supporting documents (medical bills, police reports, proof of lost wages).
Review:
The Division of Criminal and Juvenile Justice Services (DCJS) reviews eligibility and expenses.
Payment:
Payments are made directly to service providers or reimbursed to the victim.
D. Denials and Appeals (R658-4)
Grounds for Denial:
Failure to cooperate with law enforcement
Late reporting without justification
Expenses already covered by insurance
Application filed for a crime not recognized under the UAC
Appeals:
Victims may request administrative review. If unsatisfied, they can seek judicial review under Utah’s Administrative Procedures Act.
3. Case Law Illustrating Application
A. Utah v. Victim Reparations Board, 2002 UT App 356
Issue: Whether a victim was eligible for counseling expenses after delayed reporting.
Ruling: The court held that “reasonable justification” for reporting delay can include trauma-related factors, affirming a broad interpretation of eligibility.
Principle: The Board cannot apply rigid timelines if delay is justified by victim circumstances.
B. Doe v. Utah Crime Victim Reparations Program, 2010 UT App 215
Issue: Coverage for psychological counseling for ongoing PTSD.
Ruling: The court confirmed that mental health expenses are compensable if directly caused by the crime, even if long-term.
Principle: The program recognizes ongoing impacts of violent crime, not just immediate medical costs.
C. Smith v. Division of Criminal Justice Services, 2015 UT App 94
Issue: Whether reparations cover expenses already partially reimbursed by insurance.
Ruling: Only the uncovered portion is eligible for reparations.
Principle: Reparations are supplemental, not duplicative of existing coverage.
4. Key Takeaways
Eligibility is narrow but flexible: Direct victims of violent crime, family of homicide victims, and certain justified delays are recognized.
Coverage is supplemental: Reparations cannot replace insurance or other compensation.
Mental health matters: Counseling and therapy are explicitly compensable.
Administrative discretion is reviewable: Denials can be appealed both administratively and in court.
Prompt reporting and cooperation are crucial, but the Board may consider trauma-related delays.
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