ORS 147.105
Application for compensation

  • contents
  • additional information or materials
  • amended applications
  • effect of incarceration of applicant

(1)

An applicant for compensation under ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) must file an application under oath on a form furnished by the Department of Justice. The application shall include:

(a)

The name and address of the victim;

(b)

If the victim is deceased, the name and address of the applicant and relationship to the victim, the names and addresses of the victim’s dependents and the extent to which each is so dependent;

(c)

The date and nature of the crime or attempted crime on which the application for compensation is based;

(d)

The date and place where, and the law enforcement officials or other persons described in ORS 147.015 (Eligibility for compensation generally) (2)(b) to whom, notification of the crime was given;

(e)

The nature and extent of the injuries sustained by the victim, the names and addresses of those giving medical and hospital treatment to the victim and whether death resulted;

(f)

The loss to the applicant and to such other persons as are specified under paragraph (b) of this subsection, resulting from the injury or death;

(g)

The amount of benefits, payments or awards, if any, payable from any source, which the applicant or other person, listed under paragraph (b) of this subsection, has received or for which the applicant or other person is eligible as a result of the injury or death;

(h)

Releases authorizing the surrender to the department of reports, documents and other information relating to the matters specified under this subsection; and

(i)

Such other information as the department determines is necessary.

(2)

The department may require that the applicants submit with the application materials substantiating the facts stated in the application.

(3)

If the department finds that an application does not contain the required information or that the facts stated therein have not been substantiated, it shall notify the applicant in writing of the specific additional items of information or materials required.

(4)

An applicant may file an amended application or additional substantiating materials to correct inadvertent errors or omissions at any time before the department has completed its consideration of the original application.

(5)

The filing of additional information or the amendment of the application pursuant to subsection (3) or (4) of this section shall be considered for the purposes of ORS 147.005 (Definitions) to 147.367 (Services to victims of acts of mass destruction) to have been filed at the same time as the original application.

(6)

If at the time of application, the applicant is incarcerated as a result of a conviction of a crime, the department shall process the application in the normal course. The claim shall remain open but the applicant is not eligible for compensation until the applicant is released from custody. [1977 c.376 §8; 1991 c.603 §1; 1991 c.862 §5; 1993 c.18 §24; 2012 c.81 §9; 2023 c.318 §5]

Source: Section 147.105 — Application for compensation; contents; additional information or materials; amended applications; effect of incarceration of applicant, https://www.­oregonlegislature.­gov/bills_laws/ors/ors147.­html.

147.005
Definitions
147.015
Eligibility for compensation generally
147.025
Eligibility of person not victim or survivor or dependent of deceased victim
147.035
Compensable losses
147.055
Emergency awards
147.065
Limitation on time for commencing action for compensable crime
147.105
Application for compensation
147.115
Confidentiality of application information
147.125
Determining amount of compensation
147.135
Processing compensation application
147.145
Review of order
147.155
Appeal to Workers’ Compensation Board
147.165
Payment of awards
147.205
Authority of Department of Justice
147.215
Attorney General as legal adviser to department
147.225
Criminal Injuries Compensation Account
147.227
Disbursement of moneys to be used for victims’ assistance programs
147.231
Disbursement of moneys to agencies that provide services to victims of crimes
147.240
Department of Justice to submit claims to account for payment of awards
147.245
Disposition of moneys recovered from assailant
147.255
Recovery of moneys paid on fraudulent claims
147.275
Proceeds of compensable crime
147.281
Definitions
147.283
Notice to Department of Justice of claim or action to enforce claim for injuries
147.285
Creation of lien
147.287
Perfection of lien
147.289
Notice of lien
147.292
Notice of amount of judgment, settlement or compromise
147.294
Liability of person making payment after notice of lien is recorded
147.296
Action for failure to provide notice
147.298
Where action may be initiated
147.305
Effect of criminal conviction on compensation proceedings
147.315
Charging fees to applicants prohibited
147.325
Compensation not subject to assignment or legal process prior to receipt by beneficiary
147.335
Compensation rights not to survive beneficiary
147.345
State subrogated to rights accruing to beneficiary
147.365
Law enforcement agencies to inform crime victims of compensation procedure
147.367
Services to victims of acts of mass destruction
147.380
Service referral for bias incidents
147.385
Training program for victim assistance program employees
147.390
Payment of expenses by department
147.391
Limitation on obligation of Criminal Injuries Compensation Account under ORS 147.390
147.395
Definitions
147.397
Payment of costs
147.399
Sexual Assault Victims’ Emergency Medical Response Fund
147.401
Sexual assault response teams
147.403
Policies, guidelines and training requirements for providers of medical care to sexual assault patients
147.404
Notification of victim advocate concerning medical assessment
147.405
Short title
147.410
Purpose
147.415
Severability
147.417
Victim to be notified of constitutional rights
147.419
Authority of victim to obtain copy of transcript or tape of criminal proceeding
147.421
Information about defendant that public body is required to provide to victim
147.425
Personal representative
147.430
Speedy trial
147.433
Rights afforded upon request
147.438
Habeas corpus proceedings in federal court
147.450
Definitions
147.453
Oregon Domestic and Sexual Violence Services Fund
147.456
Plan for allocation of funds
147.459
Considerations in developing plan
147.462
Limits on expenditures from fund
147.465
Grantmaking
147.468
Authority of Department of Justice
147.471
Advisory council
147.480
Fund established
147.485
Training for state agencies and county juvenile departments
147.500
Definitions
147.502
General provisions
147.504
Scope
147.508
Reconsideration of release decision
147.510
Critical stage of criminal proceeding
147.512
Plea hearings, sentencing hearings and settlement conferences
147.515
Claims
147.517
Notice
147.520
Resolution of claim when response not filed
147.522
Issue that will have impact on trial
147.525
Rescheduling matters affected by claim, response or motion
147.530
Hearing on claim, response or motion
147.533
Waiver of remedy
147.535
Appeals generally
147.537
Appellate review as matter of right
147.539
Discretionary review
147.542
Stay pending appeal
147.545
Attorney General certification
147.550
Establishment of requirements and procedures by Chief Justice by rule or order
147.560
Task Force on Victims’ Rights Enforcement
147.575
Recommendations for achieving full compliance with victims’ rights laws
147.600
Confidentiality of certain victim communications and records
147.605
Definitions for ORS 147.607 and 147.610
147.607
Legislative findings
147.610
Confidentiality of restorative justice communications
147.620
Certification procedures
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