Kan. Admin. Regs. Agency 20 — Crime Victims Compensation Board

Article 1 Definitions

Kan. Admin. Regs. § 20-1-1 Definitions

For the purpose of the act and the board's regulations, each of the following terms shall have the meaning specified in this regulation:

(a) "Accomplice" means one who unites with another in a crime, by aiding or abetting in the crime, by advising or encouraging the crime, or by inciting the criminal conduct causing the claimant's injury.

(b) "Act" means K.S.A. 74-7301 et seq., and amendments thereto.

(c) "Allowable expense" means "allowance expense" as defined in K.S.A. 74-7301, and amendments thereto.

(d) "Extenuating circumstances" means facts that cause reasonable charges for reasonably needed mental health counseling to exceed the presumptive limits specified in K.A.R. 20-2-3.

(e) "Grief therapy" means the counseling or treatment of a victim by reason of family grief.

(f) "Mental health counseling" means a confidential service that provides problem solving and support concerning emotional issues that result from criminal victimization. Mental health counseling has as its primary purpose the enhancement, protection, and restoration of the victim's sense of well-being and social functioning skills. This term shall not include any of the following:

(1) Efforts to verify or validate claims or reports of criminally injurious conduct;

(2) advocacy functions, including attendance at medical or law enforcement procedures or criminal justice proceedings; or

(3) crisis telephone counseling.

(g) "Victim by reason of family grief" means the spouse, children, siblings, parents, legal guardian, stepparents, and grandparents of a homicide victim.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by and implementing K.S.A. 74-7304; effective May 1, 1980; amended May 1, 1984; amended Nov. 15, 1993; amended Jan. 10, 2014.)

Article 2 Claims

Kan. Admin. Regs. § 20-2-2 Cooperation with the board

(a) All claimants and claimants' attorneys shall fully cooperate with the board and the board's investigators, agents, and representatives. If a claimant or a claimant's attorney fails to fully cooperate, the claim may be reduced or denied by the board.

(b) Failure to fully cooperate shall include the following:

(1) Failing to fully complete the application for compensation provided by the board;

(2) not responding to requests for information or evidence; and

(3) knowingly making false statements to the board or the board's investigators, agents, and representatives.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-7304; implementing K.S.A. 74-7304 and 74-7309; effective May 1, 1980; amended May 1, 1984; amended Jan. 10, 2014.)

Kan. Admin. Regs. § 20-2-3 Mental health counseling award

Each mental health counseling award shall be subject to the limitations specified in this regulation.

(a) Any victim of a crime may be considered for up to a $5,000 mental health counseling award.

(1) A standard treatment plan based on this limit shall be approved by the board.

(2) Compensation beyond the $5,000 maximum for mental health counseling may be awarded if the board finds that extenuating circumstances justify this action and this action is supported by information, reports, or a mental health treatment plan and by recommendations of a mental health counseling provider or physician.

(3) The award for a mental health evaluation shall not exceed $350, which may be in addition to the $5,000 maximum. For purposes of this paragraph, mental health evaluation shall mean a diagnostic interview examination, including history, mental status, or disposition, that is administered in order to determine a plan of mental health treatment.

(b) Each victim by reason of family grief may be considered for up to a $1,500 grief therapy award. Compensation beyond the $1,500 maximum may be awarded if the board finds that extenuating circumstances justify this action and this action is supported by information, reports, or a mental health treatment plan and by recommendations of a mental health counseling provider or physician.

(c) If the mental health treatment plan for a victim requires that others, not including the offender, be involved in treatment, costs for third-party mental health counseling may be compensable up to the $5,000 maximum, if the third-party mental health counseling is directly and beneficially related to the plan for treatment of the victim. Mental health counseling involving a third party shall not be compensable unless both of the following conditions are met:

(1) The primary victim is present in the mental health counseling sessions, or the focus of the treatment is to assist in the victim's recovery.

(2) The mental health treatment plan addresses the need for third-party mental health counseling.

(d) Compensable mental health counseling may be provided in either of the following:

(1) A medical or psychiatric setting under the supervision of a medical doctor or a psychiatrist licensed or registered by the Kansas board of healing arts or comparable governmental agencies in other jurisdictions having similar licensure or registration requirements. The costs of this mental health counseling incurred during inpatient treatment shall be applied toward the maximum claim for inpatient treatment; or

(2) a nonmedical setting by an individual licensed or registered by the Kansas behavioral sciences regulatory board, the Kansas board of healing arts, or comparable governmental agencies in other jurisdictions having similar licensure or registration requirements, if the mental health counseling falls within the professional parameters of the provider's license or registration.

(e) Compensation for inpatient hospitalization shall be considered only if the condition is life-threatening and the hospitalization has been recommended by the victim's physician or mental health counseling provider. Reimbursement for each instance of inpatient treatment and care shall not exceed the cost of treatment for a period of 10 days or $10,000, whichever is less. Compensation beyond the $10,000 maximum may be awarded if the board finds that extenuating circumstances justify this action and this action is supported by information, reports, or a mental health treatment plan and by recommendations of a mental health counseling provider or physician.

(f) The following limits on mental health counseling rates shall apply to outpatient mental health counseling:

These rates shall apply to individuals performing treatment. Compensation shall not be awarded to pay the costs of persons supervising treatment.

(g) If it is apparent from the treatment plan that the treatment is addressing issues not directly related to the crime, only that portion of the treatment that is addressing the victimization shall be compensable.

(h) Compensation for mental health counseling shall be based on the version of this regulation that was in effect when the service was provided.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-7304; implementing K.S.A. 2012 Supp. 74-7301; effective Nov. 15, 1993; amended Jan. 10, 2014.)

Kan. Admin. Regs. § 20-2-6 Failure to properly report criminally injurious conduct

(a) To be eligible for an award of compensation, each victim shall report any criminally injurious conduct resulting in injury or death to a law enforcement officer within 72 hours after its occurrence. Subject to the restrictions of K.S.A. 74-7305, as amended, this rule may be waived by the board if the board finds that there was good cause for the failure to timely report.

(b) The following factors may be considered by the board in determining the existence of good cause:

(1) The physical, emotional and mental condition of the victim;

(2) the nature and circumstances of the crime;

(3) the victim's family situation at the time of the criminally injurious conduct;

(4) the earliest point at which the criminally injurious conduct could reasonably have been reported;

(5) the victim's good faith belief that a timely report had been made to the appropriate law enforcement officials or agency; or

(6) whether the victim was a minor at the time of an offense specified in K.S.A. 74-7305(b) and the report was made within the statute of limitations for prosecution of the offense.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-7304; implementing K.S.A. 74-7304, 74-7305, as amended by L. 1993, ch. 166, § 1; effective Nov. 15, 1993.)

Kan. Admin. Regs. § 20-2-7 Cooperation with law enforcement

(a) For the purpose of K.S.A. 74-7305 and amendments thereto, full cooperation with appropriate law enforcement agencies shall include the following:

(1) Reporting the crime in a timely manner to permit law enforcement agencies to investigate, identify, and charge those responsible for the crime;

(2) providing information, upon request, to law enforcement officers and prosecutors investigating the crime;

(3) cooperating with law enforcement procedures;

(4) appearing in court to testify as required, unless just cause is shown for any failure to appear; and

(5) requesting that the offender be prosecuted, which is commonly known as "pressing charges."

(b) The term "law enforcement agencies" shall include the offices and agencies responsible for investigating the crime or prosecuting the offender.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-7304; implementing K.S.A. 2013 Supp. 74-7305; effective Nov. 15, 1993; amended Jan. 10, 2014.)

Kan. Admin. Regs. § 20-2-8 Contributory misconduct

(a) For the purpose of K.S.A. 74-7305 and amendments thereto, "contributory misconduct" may include the following:

(1) Consent, provocation, or incitement, which may consist of the use of fighting words or obscene gestures;

(2) willing presence in a vehicle operated by a person who is known to be under the influence of alcohol or an illegal substance;

(3) abuse of alcohol or an illegal substance;

(4) failure to retreat or withdraw from a threatening situation if an option to do so is readily available;

(5) failure to act as a prudent person; and

(6) unlawful activity.

(b) The acts and behaviors listed in subsection (a) may be excused in cases involving domestic abuse or sexual assault.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-7304; implementing K.S.A. 2012 Supp. 74-7305; effective Nov. 15, 1993; amended Jan. 10, 2014.)

Kan. Admin. Regs. § 20-2-9 Allowable expenses

(a) Reasonable charges for medical care shall be deemed allowable expenses only if the medical care provider is registered or licensed by the appropriate governmental licensing entity.

(b) Moving costs may be deemed allowable expenses if one of the following individuals has recommended the move in writing for reasons related to the crime:

(1) A law enforcement officer;

(2) a prosecutor; or

(3) a victims' advocate working for a law enforcement agency or prosecutor's office.

(c) Mileage costs may be deemed allowable expenses for medically necessary travel. These costs shall be computed at a rate that does not exceed the rate established by the secretary of administration pursuant to K.S.A. 75-3203a, and amendments thereto.

(d) Meal costs shall not be deemed allowable expenses.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-7304; implementing K.S.A. 2012 Supp. 74-7301; effective Nov. 15, 1993; amended Jan. 10, 2014.)

Article 4 Attorney Fees

Kan. Admin. Regs. § 20-4-1 Attorney; assistance in preparation of application; fees

(a) Each attorney representing a claimant shall submit to the board an itemized statement of the attorney's time expended on behalf of the claimant in preparation of the claim.

(b) The attorney fee shall be at a rate of $45.00 per hour for time expended in preparation, investigation and presentation of the claim, together with reimbursement for mileage at the rate allowed by rules and regulations, adopted by the department of administration, for reimbursement of public officials.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 74-7304; implementing K.S.A. 74-7311; effective May 1, 1980; amended May 1, 1984.)

Article 5 Assignment

Kan. Admin. Regs. § 20-5-1 Assignment to providers of allowable expenses

Upon request of the board, the claimant shall execute an assignment form approved by the board for payment of unpaid allowable expenses. The minimum amount to be assigned is fifteen dollars ($15.00).

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 1979 Supp. 74-7304; effective May 1, 1980.)