Section R10-4-102. Administration of the Fund

A.      The Commission shall deposit in the Fund all funds received under A.R.S. § 12-116.01 and any other funds received for compensating a claimant.

B.       The Commission shall designate one operational unit for a jurisdiction or jurisdictions to receive an allocation from the Fund each state fiscal year.

C.      The Commission shall distribute a portion of the Fund to each operational unit for expenditure by the Board. The Commis- sion shall distribute the funds using a formula that the Com- mission determines annually using:

1.        A base amount for each operational unit,

2.        An analysis of the prior year’s claim activity,

3.        The share of population of each jurisdiction, and

4.        The share of crime of each jurisdiction.

D.      The Commission shall reserve the lesser of $50,000 or 10 per- cent of the Fund to be used in the event of an unforeseen

increase of victimization that causes an operational unit for a particular jurisdiction to lack the funds needed to provide com- pensation.

E.       If there is an unforeseen increase in victimization in a particu- lar jurisdiction, the Commission shall designate an additional operational unit to accept claims from that jurisdiction or make a compensation award based on the criteria established by R10-4-108.

F.       If, at the end of a fiscal year, an operational unit has unex- pended funds received from the Commission, the operational unit shall return the funds to the Commission within 90 days after the end of the fiscal year. The Commission shall deposit the returned funds in the Fund for use in the next fiscal year.

G.      Funds collected by an operational unit through subrogation or restitution may be retained by the operational unit to the extent authorized by the Commission and shall be used to pay com- pensation awards based on the criteria established by R10-4- 108.

H.      An operational unit that receives additional funds for victim compensation shall submit a quarterly, written report to the Commission. The operational unit shall include in the report the amount of additional funds received and distributed to compensate victims or claimants. The Commission shall use the information in the written report to apply for federal matching funds. If matching funds are received, the Commis- sion shall forward the matching funds to the appropriate opera- tional unit.

I.        An operational unit shall use funds to pay administrative costs only to the extent authorized by the Commission.

Historical Note

Adopted effective December 31, 1986 (Supp. 86-6).

Amended effective October 28, 1994 (Supp. 94-4). Sec- tion repealed; new Section R10-4-102 renumbered from R10-4-104 and amended by final rulemaking at 6 A.A.R.

4727, effective November 20, 2000 (Supp. 00-4).

Amended by final rulemaking at 13 A.A.R. 4124, effec- tive January 5, 2008 (Supp. 07-4). Amended by final

rulemaking at 18 A.A.R. 3309, effective February 3, 2013

(Supp. 12-4).