(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 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 and that the applicant has 30 days from the date of mailing in which to furnish those items to the department. Unless an applicant requests and is granted an extension of time by the department, the department shall reject with prejudice the claim of the applicant for failure to file the additional information or materials within the specified time.
(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 to 147.367 to have been filed at the same time as the original application.
(6) Unless the department finds good cause exists for the applicant’s failure to satisfy a financial obligation or unless the interest of justice requires otherwise, the department shall not process an application filed by or on behalf of a victim who owes a financial obligation ordered or imposed as a result of a previous criminal conviction until the department receives information or materials establishing to the satisfaction of the department that the financial obligation has been satisfied. If the department does not receive the information or materials within one year after the department notifies the applicant of the need to fulfill this requirement, the application is void.
(7)(a) If at the time of application, the applicant is incarcerated as a result of a conviction of a crime, the application shall be refused and returned to the applicant. The applicant is eligible to refile the application within six months after the applicant is released from incarceration.
(b) At the time the application is refused and returned, the department shall notify the applicant of the right to refile the claim within six months of release from incarceration. [1977 c.376 §8; 1991 c.603 §1; 1991 c.862 §5; 1993 c.18 §24; 2012 c.81 §9]
Structure 2021 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 147 - Victims of Crime and Acts of Mass Destruction
Section 147.005 - Definitions.
Section 147.015 - Eligibility for compensation generally; rules.
Section 147.025 - Eligibility of person not victim or survivor or dependent of deceased victim.
Section 147.035 - Compensable losses; expiration of claim; rules.
Section 147.055 - Emergency awards; amount; effect on final award.
Section 147.065 - Limitation on time for commencing action for compensable crime.
Section 147.125 - Determining amount of compensation; deduction of other benefits.
Section 147.135 - Processing compensation application; order; contents.
Section 147.145 - Review of order; reconsideration; notice to applicant.
Section 147.165 - Payment of awards; awards to minors and incompetents.
Section 147.245 - Disposition of moneys recovered from assailant; disposition of gifts or grants.
Section 147.255 - Recovery of moneys paid on fraudulent claims; recovery of fees.
Section 147.281 - Definitions.
Section 147.287 - Perfection of lien.
Section 147.289 - Notice of lien; form.
Section 147.367 - Services to victims of acts of mass destruction; Department of Justice.
Section 147.390 - Payment of expenses by department.
Section 147.395 - Definitions.
Section 147.397 - Payment of costs; form; provider reimbursement; rules.
Section 147.399 - Sexual Assault Victims’ Emergency Medical Response Fund.
Section 147.401 - Sexual assault response teams.
Section 147.404 - Notification of victim advocate concerning medical assessment.
Section 147.405 - Short title.
Section 147.415 - Severability.
Section 147.417 - Victim to be notified of constitutional rights.
Section 147.419 - Authority of victim to obtain copy of transcript or tape of criminal proceeding.
Section 147.421 - Information about defendant that public body is required to provide to victim.
Section 147.425 - Personal representative.
Section 147.430 - Speedy trial.
Section 147.433 - Rights afforded upon request; notice; attendance; protection.
Section 147.438 - Habeas corpus proceedings in federal court.
Section 147.450 - Definitions.
Section 147.453 - Oregon Domestic and Sexual Violence Services Fund.
Section 147.456 - Plan for allocation of funds; Department of Justice.
Section 147.459 - Considerations in developing plan.
Section 147.462 - Limits on expenditures from fund.
Section 147.465 - Grantmaking; rules.
Section 147.468 - Authority of Department of Justice.
Section 147.471 - Advisory council.
Section 147.480 - Fund established; allocation of moneys; application; advisory committee; rules.
Section 147.500 - Definitions.
Section 147.502 - General provisions.
Section 147.508 - Reconsideration of release decision.
Section 147.510 - Critical stage of criminal proceeding; notice to court.
Section 147.512 - Plea hearings, sentencing hearings and settlement conferences.
Section 147.517 - Notice; order to show cause; response.
Section 147.520 - Resolution of claim when response not filed.
Section 147.525 - Rescheduling matters affected by claim, response or motion.
Section 147.530 - Hearing on claim, response or motion; order.
Section 147.533 - Waiver of remedy.
Section 147.535 - Appeals generally.
Section 147.539 - Discretionary review.
Section 147.542 - Stay pending appeal.
Section 147.545 - Attorney General certification; intervention.
Section 147.550 - Establishment of requirements and procedures by Chief Justice by rule or order.
Section 147.560 - Task Force on Victims’ Rights Enforcement; duties; reports.
Section 147.600 - Confidentiality of certain victim communications and records; exception.
Section 147.620 - Certification procedures; duties of certifying agency or official; liability.