Section R10-4-106. Prerequisites for a Compensation Award

A.      The Board shall make a compensation award only if it deter- mines that:

1.        Criminally injurious conduct or an act of international terrorism:

a.        Occurred in Arizona; or

b.        Occurred outside of Arizona in an area without a crime compensation program and affected a resi- dent;

2.        The criminally injurious conduct or act of international terrorism directly resulted in the victim’s physical injury, mental distress, medical condition, or death;

3.        The victim of the criminally injurious conduct or act of international terrorism or a person who submits a claim regarding criminally injurious conduct or an act of inter- national terrorism was not:

a.        The perpetrator, an accomplice of the perpetrator, or a person who encouraged or in any way participated in or facilitated the criminally injurious conduct or act of international terrorism that directly resulted in the victim’s physical injury, mental distress, medical condition, or death;

b.        Serving a sentence of imprisonment in any detention facility, home arrest program, or work furlough at the time of the criminally injurious conduct or act of international terrorism that directly resulted in the victim’s physical injury, mental distress, medical condition, or death;

c.        Escaped from serving a sentence of imprisonment in any detention facility, home arrest program, or work furlough at the time of the criminally injurious con- duct or act of international terrorism that directly resulted in the victim’s physical injury, mental dis- tress, medical condition, or death;

d.        Convicted of a federal crime and delinquent in pay- ing a fine, monetary penalty, or restitution imposed for the offense if the U.S. Attorney General and the Director of the Administrative Office of the U.S. Courts have issued a written determination that the entities administering federal victim compensation programs have access to an accurate and efficient criminal debt payment tracking system; or

e.        Convicted of a state crime and delinquent in paying a fine, monetary penalty, or restitution imposed for the crime if the delinquency is identified by the Ari- zona Administrative Office of the Courts or the Clerk of the Superior Court.

4.        The criminally injurious conduct or act of international terrorism was reported to an appropriate law enforcement authority within 72 hours after its discovery;

5.        The victim, derivative victim, or claimant  cooperated with law enforcement agencies;

6.        The victim, derivative victim, or claimant incurred eco- nomic loss as a direct result of the criminally injurious conduct or act of international terrorism that is not com- pensable by a collateral source; and

7.        A claim, as described in R10-4-107, was submitted to the operational unit within two years after discovery of the criminally injurious conduct or act of international terror- ism.

B.       The Board shall extend the time limits under subsections (A)(4) and (A)(7) if the Board determines there is good cause for a delay.

C.      If a victim died as a result of criminally injurious conduct or act of international terrorism, the requirement under subsec- tion (A)(3)(e) is waived for the deceased victim. Expenses incurred by the deceased victim and eligible claimants may be covered.

D.      If the Board determines that a compensation award does not solely benefit a claimant who is delinquent under subsection (A)(3)(e), the requirement under subsection (A)(3)(e) may be waived for:

1.        A claimant who is the parent or legal guardian of a minor victim of criminally injurious conduct or an act of inter- national terrorism, or

2.        A compensation award for expenses under R10-4- 108(C)(3).

Historical Note

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

Amended effective December 12, 1990 (Supp. 90-4).

Amended effective October 28, 1994 (Supp. 94-4).

Amended effective June 12, 1997 (Supp. 97-2). Former

Section R10-4-106 renumbered to R10-4-104; new Sec- tion R10-4-106 renumbered from R10-4-108 and amended by final rulemaking at 6 A.A.R. 4727, effective November 20, 2000 (Supp. 00-4). Former R10-4-106 renumbered to R10-4-108; new R10-4-106 made by final rulemaking at 13 A.A.R. 4124, effective January 5, 2008 (Supp. 07-4). Amended by final rulemaking at 18 A.A.R.

3309, effective February 3, 2013 (Supp. 12-4).