STATE OF WISCONSIN
PROPOSED ORDER OF THE STATE DEPARTMENT OF JUSTICE REPEALING, AMENDING, REPEALING AND RECREATING, AND CREATING RULES
INTRODUCTION
The State of Wisconsin Department of Justice proposes an order to repeal Jus 11.05 (3) (b), Jus 11.05 (4) (a) 4. (Note), Jus 11.06 (1) (c) and (d), and Jus 11.08; to amend Jus 11.01 (1) and (2), Jus 11.02 (2) (c), (g) and (h), Jus 11.03 (1), (3) and (4) (a), Jus 11.04 (1), (2) (a) and (d), Jus 11.04 (3), Jus 11.04 (6), (7) and (8) (a), Jus 11.05 (1) (c), (2), (3) (intro.) and (a), Jus 11.05 (4) (a) 4., Jus 11.06 (2) (a) and (b), Jus 11.06 (4) (intro), (b), (c), (e) and (f), Jus 11.07 (1), Jus 11.07 (2) and (7), Jus 11.09 (1) (d) and (3) (g), and Jus 11.11 (1); to repeal and recreate Jus 11.06 (1) (a) and (b), and Jus 11.06 (2) (c); and to create Jus 11.01 (5) (gm), Jus 11.04 (2) (dm) and (2m), Jus 11.04 (3m) and (4m), and Jus 11.07 (1) (a).
The scope statement for the proposed rule, SS 006-18, was approved by the Governor on August 8, 2017, and published in Register No. 746A1 on February 5, 2018, and approved by the Attorney General on December 10, 2018.
ANALYSIS
949.11, and 949.26, Stats.
Statutory authority: Section 949.02, Stats. Explanation of statutory authority: The Department is responsible for administering the Crime Victim Compensation Program in Wisconsin under 949.02, Stats. Section 949.02, Stats., provides that “[t]he department shall promulgate rules for the implementation and operation” of the Crime Victim Compensation Program, and that “[t]he rules shall include procedures to ensure that any limitation of an award is calculated in a fair and equitable manner.” Related statutes or rules: None.
Plain language analysis: Chapter 949, Stats., established the Crime Victim Compensation Program (the “Program”) to help pay for unreimbursed eligible expenses that result from crime. This Program is administered by the Department through ch. Jus 11. In 2015 Wis. Act 350, the State of Wisconsin made statutory revisions providing for new benefits available for victims, along with new limitations on awards. This proposed rule effectuates the statutory changes enacted in 2015 Wis. Act 350, revises outdated terminology, and eliminates provisions that have become unnecessary. Specifically, this rule would: SECTION 1 of the proposed rule updates the terminology used to identify the program administered by the Department as the Crime Victim Compensation Program.
SECTION 2 of the proposed rule incorporates a new definition created by s. 949.01 (4g), Stats., for who is the “parent of the victim.” SECTION 3 of the proposed rule removes specific language to create a more general criterion of information to be contained on an application form.
SECTION 4 of the proposed rule updates language in Jus 11.03 to: (1) refer specifically to an eligibility determination; (2) clarify that the program manager has the responsibility for issuing a denial decision on a claim and that written decisions are only required when denying a claim; and (3) update the reference to the statute to reflect a single maximum award amount.
SECTION 5 of the proposed rule clarifies that an award is subject to the statutory limitation and removes the requirement that a physician must certify the disability period for any victim claiming economic loss because he or she is unable to work. This section also specifies how net business profits are calculated to conform with the statutory changes in 2015 Wis. Act 350. SECTION 6 of the proposed rule reflects a statutory change that a physician only needs to determine the disability period if the period exceeds 2 weeks, as well as the percent of loss net wages. Also, this section reflects a new benefit for parents of a minor victim created in 2015 Wis. Act 350. SECTION 7 of the proposed rule updates language to refer to awards for “caregiver” services instead of “homemaker” services, and also allows the Department to require physician certification that a victim is unable to perform such tasks.
SECTION 8 of the proposed rule incorporates new statutory benefits in 2015 Wis. Act 350 for housing adaptations and for replacement of computers and mobile telephones held by law enforcement for evidentiary purposes. SECTION 9 of the proposed rule reflects a statutory change in 2015 Wis. Act 350 that increases crime victim funeral benefits to $5,000 and specifies that such amount is included in a maximum award. This section also reflects a statutory change to simplify how a loss of support award for crime victim dependents is calculated. SECTION 10 of the proposed rule clarifies that an award can be made to reimburse a third party who is not financially responsible for the support of the victim. This section also reflects a statutory change that the maximum award amount now includes funeral expenses. Statutory changes to simplify the calculation for a loss of support award are also reflected in this section.
SECTION 11 of the proposed rule removes the provision for calculation of economic loss and loss of support awards that was replaced by the changes in Section 10.
SECTION 12 of the proposed rule removes the reference to emergency awards that is no longer needed.
SECTION 13 of the proposed rule removes a note that is no longer needed given the amendment in Section 12.
SECTION 14 of the proposed rule updates who is a qualified mental health treatment provider. The Program provides that victims may get an award to cover eligible services provided by a qualified mental health treatment provider.
SECTION 15 of the proposed rule removes two sections that are no longer applicable given the changes in Section 14.
SECTION 16 of the proposed rule reflects the changes regarding qualified providers in Section 14. This section also removes the requirement that inpatient psychiatric services must be prescribed by a physician.
