STATE OF WISCONSIN
Department of Justice
ORDER OF THE STATE DEPARTMENT OF JUSTICE
repealing, consolidating, renumbering,
amending, and creating RULES
Introduction
The State of Wisconsin Department of Justice finalizes an order to repeal Jus 11.05 (3) (b) and (4) (a) 4. (Note), 11.06 (1) (b), (c) and (d), (2) (c), and 11.08; to consolidate, renumber, and amend Jus 11.05 (3) (intro.) and (a); to amend Jus 11.01 (1) and (2), 11.02 (2) (c), (g) and (h), 11.03 (1), (3) and (4) (a), 11.04 (1), (2) (a) and (d), (3), (6), (7) and (8) (a), 11.05 (1) (c), (2) and (4) (a) 4., 11.06 (1) (intro.) and (a), (2) (a) and (b) and (4) (intro), (b), (c), (e) and (f), 11.07 (1), (2) and (7), 11.09 (1) (d) and (3) (g), and 11.11 (1); and to create Jus 11.01 (5) (gm), 11.04 (2) (dm), (2m), (3m) and (4m), and 11.06 (1) (e), (f), (g) and (h), and (2) (d), relating to the administration of the crime victim compensation program.
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
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 Act 350, revises outdated terminology, and eliminates provisions that have become unnecessary.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 final rule updates the terminology used to identify the program administered by the Department as the Crime Victim Compensation Program.
SECTION 2 of the final rule incorporates a new definition created by s. 949.01 (4g), Stats., for who is the “parent of the victim.” SECTION 3 of the final rule removes specific language to create a more general criterion of information to be contained on an application form.
SECTION 4 of the final 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 final 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 final 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 final 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 final 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 final 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 final 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.
SECTION 11 of the final rule reflects statutory changes to simplify the calculation for a loss of support award.
SECTION 12 of the final rule removes the provision for calculation of economic loss and loss of support awards that was replaced by the changes in Section 11.
SECTION 13 of the final rule removes the reference to emergency awards that is no longer needed.
SECTION 14 of the final rule removes a note that is no longer needed given the amendment in Section 13.
SECTIONS 15, 16 and 17 of the final 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 18 of the final rule reflects the changes regarding qualified providers in Section 15, 16, and 17. This section also removes the requirement that inpatient psychiatric services must be prescribed by a physician.
