Jus 11.08 Emergency awards.
Jus 11.09 Contested case hearing.
Jus 11.10 Review by attorney general.
Jus 11.11 Duties of a law enforcement agency.
Ch. Jus 11 Note
Note: Chapter Ind 81 as it existed on February 29, 1992 was repealed and a new chapter Jus 11 was created effective March 1, 1992.
Jus 11.01
Jus 11.01
Description of the program. Jus 11.01(1)
(1)
Authority and purpose. This chapter is promulgated pursuant to s.
949.02, Stats., for the purpose of administering the awards for the victims of crimes program in Wisconsin which provides assistance to innocent victims of crimes and their families in order to ease their financial burdens.
Jus 11.01(2)
(2) Applicability. This chapter applies to all persons who apply for financial assistance from the awards for the victims of crimes program and to all related matters, proceedings and hearings.
Jus 11.01(3)
(3) Administration. Chapter 949, Stats., and this chapter shall be administered by a director appointed by the attorney general.
Jus 11.01(4)
(4) Service and filing. Papers and petitions required to be served upon, or filed with the department of justice, by this chapter shall be served either in person or by mail and shall be addressed: Wisconsin Department of Justice, Office of Crime Victim Services, 123 West Washington Avenue, Post Office Box 7951, Madison, WI 53707-7951. The papers and petitions are deemed served or filed when received by the department.
Jus 11.01 History
History: Cr.
Register, February, 1992, No. 434, eff. 3-1-92.
Jus 11.02(1)(1)
Filing deadline. A claim must be filed by the applicant within the time limits specified in
s. Jus 11.07 (1).
Jus 11.02(2)
(2) Application form. A claim shall be filed on the application form prescribed by the department and shall contain at least the following information:
Jus 11.02(2)(b)
(b) The name and address of the applicant and the relationship of the applicant to the victim.
Jus 11.02(2)(c)
(c) An accurate description of the crime, the circumstances which brought it about and the date on which the crime occurred.
Jus 11.02(2)(d)
(d) The law enforcement agency to which the crime was reported and the date on which the crime was reported.
Jus 11.02(2)(e)
(e) The nature and extent of the injuries the victim sustained from the crime; the name and address of any person who gave medical treatment to the victim for these injuries; the name and address of any hospital or similar institution where the victim received medical treatment for the injuries and the costs of such treatment.
Jus 11.02(2)(f)
(f) The work loss the victim sustained as a result of the crime.
Jus 11.02(2)(g)
(g) The amount of benefits the victim, dependent or applicant has received, or is to receive, from any collateral source for economic loss that resulted from the crime and the name of the collateral source.
Jus 11.02(2)(h)
(h) Whether the claimant is the spouse, sister, brother, child or parent of the offender, the offender's relatives or accomplice or whether the applicant lives with the offender, the offender's relatives or accomplice and the relationship, if any, between the applicant, offender, offender's relatives or accomplice.
Jus 11.02(2)(i)
(i) A release authorizing the department to obtain any report, document or other information it needs in its determination of the claim.
Jus 11.02(2)(j)
(j) Any additional information or material the department determines is reasonably related to the application.
Jus 11.02 Note
Note: A copy of the application form may be obtained at the Wisconsin department of justice at no charge.
Jus 11.02(3)
(3) Incomplete applications. Whenever an application is not complete or the department otherwise lacks information required under
sub. (2), the department shall request the applicant to provide the required information. If the applicant fails within 30 days to provide the information or to indicate why the information is unavailable, the applicant shall be denied an award under
s. Jus 11.07 (7).
Jus 11.02 History
History: Cr.
Register, February, 1992, No. 434, eff. 3-1-92.
Jus 11.03
Jus 11.03
Claims investigation and decision. Jus 11.03(1)(1)
Claims determination. Claims may be investigated, verified and determined regardless of whether the alleged offender has been apprehended, prosecuted for, or convicted of, any crime based upon the same incident or has been found not guilty of such crime.
Jus 11.03(2)
(2) Suspend proceedings. The department may suspend proceedings upon its own motion or that of a prosecuting attorney for a period it deems appropriate on the grounds that a prosecution for an offense arising out of the act has been commenced or is imminent.
Jus 11.03(3)
(3) Written decision. The department, by the director, shall issue a written decision setting forth the granting of the award or denying the claim and the reasons, and shall furnish the applicant with a copy of the decision. The decision shall also advise the applicant of any right to a contested case hearing.
Jus 11.03(4)
(4) Closed claims. A claim for compensation is closed when any of the following conditions occur:
Jus 11.03(4)(b)
(b) The 30 day time period for appealing the decision of the department has passed without a request from the applicant for a contested case hearing.
Jus 11.03(4)(c)
(c) The 30 day period for appealing the decision of the hearing examiner has passed without further appeal being made by the applicant.
Jus 11.03 History
History: Cr.
Register, February, 1992, No. 434, eff. 3-1-92.
Jus 11.04
Jus 11.04
Economic loss. The department may make awards for unreimbursed economic losses as follows:
Jus 11.04(1)
(1) Actual cost of reasonable and necessary medical treatment.
Jus 11.04(2)
(2) Loss of actual earnings if the victim was employed or loss of potential earnings if the victim was not employed at the time of the crime based upon a sufficient showing by the victim that the victim incurred an actual loss of earnings. The department shall determine an award for work loss incurred as a direct result of an injury as follows:
Jus 11.04(2)(a)
(a) If the victim was employed at the time of the injury, an award for work loss shall be equal to the victim's unreimbursed net salary. In this paragraph "net salary" means income less deductions for federal withholding tax, state withholding tax, and FICA tax. In this paragraph "disability period" means the length of time a victim is unable to work as a direct result of injuries caused by the crime. The disability period shall be determined by a physician.
Jus 11.04(2)(b)
(b) If the victim was not employed at the time of the injury or, if as a direct result of the injury, the victim suffered a disability causing a loss of potential earnings, the award may be based upon a sufficient showing by the victim that the victim incurred an actual loss of earnings. The victim must have received an offer of employment and must have been unable to begin employment as a direct result of a disability caused by the crime.
Jus 11.04(2)(c)
(c) The amount of the award under
pars. (a) and
(b) may be reduced by any income from substitute work actually performed by the victim or by income the victim would have earned in, [if] available, appropriate substitute work the victim was capable of performing but unreasonably failed to undertake.
Jus 11.04(2)(d)
(d) If the victim was self-employed at the time of the injury, the loss of actual earnings may be determined by taking into account the net business profit reported on the previous year's federal income tax return or the current year's net business profit based on current financial records, divided by the number of weeks covered by the income tax returns or current financial records.
Jus 11.04(2)(e)
(e) If the victim failed to report earnings to federal and state revenue departments, if required to do so by law, the department may not make an award under this subsection based upon any such unreported income.
Jus 11.04(3)
(3) Actual costs of ordinary, necessary and reasonable household services in an amount sufficient to ensure that the victim's duties and responsibilities are continued if the victim is a homemaker. Payment shall continue until the victim is able to resume the performance of the duties or until the cost of services reaches the maximum allowable under s.
949.06 (2), Stats., whichever is less.
Jus 11.04(4)
(4) Reasonable replacement value of any clothing and bedding that is held for evidentiary purposes, not to exceed the limitations of s.
949.06 (1) (c), Stats.
Jus 11.04(5)
(5) Reasonable replacement value of property, other than clothing and bedding under s.
949.06 (1) (c), Stats., that is held for evidentiary purposes and is rendered unusable as a result of crime laboratory testing, not to exceed the limitations of s.
949.06 (1) (cm), Stats.
Jus 11.04(6)
(6) Reasonable funeral and burial expenses not to exceed the limitations of s.
949.06 (1) (d), Stats. The funeral and burial award may not be considered by the department under s.
949.06 (2), Stats. The costs of a reception, wake, or purchase of clothing for burial are not recoverable expenses under this section.
Jus 11.04(7)
(7) Contributions of things of economic value provided by the victim to dependents but lost as a result of the victim's death and loss of financial support.
Jus 11.04(8)
(8) Reasonable and necessary costs associated with securing and cleaning up a crime scene not to exceed the limitations under s.
949.06 (1) (f), Stats. In this subsection:
Jus 11.04(8)(a)
(a) "Securing a crime scene" means taking immediate steps to make the crime scene free of danger and the risk of future loss.
Jus 11.04(8)(b)
(b) "Cleaning up a crime scene" means removing or attempting to remove from the crime scene any stains or debris caused by the crime or the processing of the crime scene.
Jus 11.04 History
History: Cr.
Register, February, 1992, No. 434, eff. 3-1-92.
Jus 11.05(1)(1)
To whom payable. The department may make an award for economic loss to or for the benefit of any of the following persons:
Jus 11.05(1)(c)
(c) A third person other than a collateral source, who is responsible for the maintenance of the victim and who has incurred an expense as a direct result of the victim's personal injury or death.
Jus 11.05(1)(d)
(d) A family member or person who lived with the victim immediately prior to the crime, as a result of the person's or family member's reaction to the death. In this subsection:
Jus 11.05(2)
(2) Maximum award. An award shall not exceed the economic loss to the claimant or exceed the limitations of s.
949.06 (2), Stats., plus the reasonable funeral and burial expenses under
s. Jus 11.04 (6), whichever is less.
Jus 11.05(3)
(3) Dependents' economic loss. In determining the amount of the award, the department shall:
Jus 11.05(3)(a)
(a) Determine loss of support based on the victim's net salary at the time of death and loss of support shall be calculated equal to four times the victim's annual net salary. The department shall determine if the dependents have received or will receive proceeds from private or public insurance plans. Public insurance plans include social security benefits. The proceeds from a private or public insurance plan shall be prorated over the life expectancy of the victim and the amount of the first four years shall be deducted from the amount of the lost salary.
Jus 11.05(3)(b)
(b) Calculate dependent's economic loss by determining a loss reasonably incurred after the victim's death in obtaining services in lieu of those the victim would have performed for the dependent's benefit had the victim not suffered a fatal injury. The cost of the services shall be actual, reasonable and necessary. The department may make an award on a periodic basis as the cost of lost service is incurred. The department shall periodically review the amount of the award to determine the dependent's continued right to the award.
Jus 11.05(4)(a)(a) Any award made under this chapter shall be reduced by the amount of any payment received, or to be received, as a result of the injury or death:
Jus 11.05(4)(a)2.
2. From insurance payments or programs, including workers compensation, unemployment compensation and social security.
Jus 11.05(4)(a)5.
5. From one or more 3rd parties held liable for the victim's injury or death.
Jus 11.05(4)(b)
(b) If the claimant fails to take advantage of a source of benefits that would have been available to the claimant or that would have reimbursed the claimant for all or a portion of an economic loss, the department shall reduce or deny an award to the extent that it would have been paid by such source of benefits. The department may waive this requirement in the interest of justice.
Jus 11.05(5)
(5) Awards to minor dependents. The department may award benefits to the parent of a minor dependent child, the child's guardian or to such person, or trustee, for the minor dependent child's use as may be found to be best calculated to serve the interest of the child or for the support and maintenance of a minor dependent child or children.
Jus 11.05(6)
(6) Awards to providers. The department may pay any portion of an award directly to the provider of any service which is the basis for that portion of the award.
Jus 11.05(7)
(7) Awards not subject to attachment. No award made under this chapter may be subject to execution, attachment, garnishment or other process, except that an award for economic loss is not exempt from a claim of a creditor to the extent that the creditor provided products, services or accommodations, the costs of which are included in the award.
