Agency contact person: Assistant Attorney General Jody J. Schmelzer, Wisconsin Department of Justice, 17 West Main Street, Madison, Wisconsin 53707-7857, (608) 266-3094, schmelzerjj@doj.state.wi.us. ______________________________________________________________________________
TEXT OF THE FINAL RULES
SECTION 1. Jus 11.01 (1) and (2) are amended to read:
Jus 11.01 (1) Authority and purpose. This subchapter is promulgated pursuant to s. 949.02, Stats., for the purpose of administering the awards for the victims of crimes program Crime Victim Compensation Program in Wisconsin which provides assistance to innocent victims of crimes and their families in order to ease their financial burdens. (2) Applicability. This subchapter applies to all persons who apply for financial assistance from the awards for the victims of crimes program Crime Victim Compensation Program and to all related matters, proceedings and hearings.
SECTION 2. Jus 11.01 (5) (gm) is created to read:
Jus 11.01 (5) (gm) “Parent of the victim” has the meaning specified in s. 949.01 (4g), Stats. SECTION 3. Jus 11.02 (2) (c), (g) and (h) are amended to read:
Jus 11.02 (2) (c) An accurate description of the crime, the circumstances which brought it about and the date on which the crime occurred.
(g) The source and amount of benefits benefit the victim, dependent or applicant has received, or is to receive, from any collateral source for economic loss that resulted from the crime and the name of the collateral source.
(h) Whether the claimant is the spouse, sister, brother, child or parent of the offender, the offender's relatives or accomplice or whether the applicant lives with the offender, the offender's relatives or accomplice and the relationship, if any, between the applicant, offender, offender's relatives or accomplice knows the offender, and the nature of the relationship, if any.
SECTION 4. Jus 11.03 (1), (3) and (4) (a) are amended to read:
Jus 11.03 (1) Claims determination. Claims may be investigated, verified, and an eligibility determined determination may be made regardless of whether the alleged offender has been apprehended, prosecuted for, or convicted of, any crime based upon the same incident or has been found not guilty of such crime.
(3) Written decision. The department, by the Crime Victim Compensation Program director, shall issue a written decision setting forth the granting of the award or denying denial of the claim and the reasons, and shall furnish the applicant with a copy of the decision. The decision shall also advise the applicant of any right to a contested case hearing.
(4) (a) The statutory maximums maximum allowed under s. 949.06 (1) (d) or 949.08 (1m) (a) and (b), Stats., or both, have has been awarded by the department. SECTION 5. Jus 11.04 (1), (2) (a) and (d) are amended to read:
Jus 11.04 (1) Actual cost of reasonable and necessary medical treatment, subject to the limits set forth under s. 949.06 (1) (bg), Stats. (2) (a) If the victim was employed at the time of the injury, an award for work loss shall be equal to the victim's unreimbursed net salary. In this paragraph "net salary" means income less deductions for federal withholding tax, state withholding tax, Medicare, and FICA tax. In this paragraph "disability period" means the length of time a victim is unable to work as a direct result of personal injuries caused by the crime. The disability period shall be determined by a physician.
(d) If the victim was self-employed at the time of the injury, the loss of actual earnings may be determined by taking into account the net business profit reported on the previous year's federal income tax return or the current year's net business profit based on current financial records, divided by the number of weeks covered by the income tax returns or current financial records. Net loss of earnings shall be determined by deducting self-employment tax as set forth by the IRS, federal withholding tax, state withholding tax, Medicare, and FICA tax from the net business profit.
SECTION 6. Jus 11.04 (2) (dm) and (2m) are created to read:
Jus 11.04 (2) (dm) The disability period shall be determined by a physician if it exceeds 2 weeks from the date of the crime. If a physician determines that a claimant’s disability is partially related to the victimization, the department shall reimburse the percentage of lost net wages determined by the physician to be directly related to the crime.
(2m) The department may award each parent of a victim not more than $3,000 total for reimbursement of mental health treatment and for work loss directly related to the crime.
SECTION 7. Jus 11.04 (3) is amended to read:
Jus 11.04 (3) Actual costs of ordinary, necessary and reasonable household and caregiver services in an amount sufficient to ensure that the victim's duties and responsibilities are continued if the victim is a homemaker. Payment shall continue until the victim is able to resume the performance of the duties or until the cost of services reaches the maximum allowable under s. 949.08 (1m) (a), Stats., whichever is less. The department may require that a physician certify that the victim is unable to perform the household or caretaker duties and responsibilities. SECTION 8. Jus 11.04 (3m) and (4m) are created to read:
Jus 11.04 (3m) If as a direct result of the injury, the victim suffered a protracted disability, reasonable and necessary housing accessibility adaptations, not to exceed the limitations of s. 949.06 (1) (br), Stats. (4m) Reasonable replacement value of any computer or mobile telephone that is held for evidentiary purposes, not to exceed the limitations of s. 949.06 (1) (cg), Stats. SECTION 9. Jus 11.04 (6), (7) and (8) (a) are amended to read:
Jus 11.04 (6) Reasonable funeral and burial expenses not to exceed the limitations of s. 949.06 (1) (d), Stats. The funeral and burial award may not be considered by the department under s. 949.08 (1m) (a), Stats. The costs of a reception, wake, or purchase of clothing for burial are not recoverable expenses under this section. (7) Contributions of things of economic value provided by the victim to dependents but lost as a result of the victim's death and loss Loss of financial support, which shall be determined on the basis of the victim’s net annual income at the time of death, and calculated in accordance with s. 949.06 (1) (e), Stats.
(8) (a) "Securing a crime scene" means taking immediate reasonable steps to make the crime scene free of danger and the risk of future loss.
SECTION 10. Jus 11.05 (1) (c) and (2) are amended to read:
Jus 11.05 (1) (c) A third person, other than a collateral source, who is responsible for the maintenance of the victim and or business, who that has incurred an expense as a direct result of the victim's personal injury or death.
(2) Maximum award. An award shall not exceed the economic loss to the claimant or exceed the limitations of s. 949.08 (1m) (a), Stats., plus the reasonable funeral and burial expenses under s. Jus 11.04 (6), whichever is less. SECTION 11. Jus 11.05 (3) (intro.) and (a) are consolidated, renumbered Jus 11.05 (3), and amended to read:
(3) Dependents' economic loss of support. In determining the amount of the award, the department shall: (a) Determine determine loss of support based on the victim's net salary income at the time of death and loss of support shall be calculated equal to four times the victim's annual net salary income. The department shall determine if the dependents have received or will receive proceeds from private or public insurance plans. Public insurance plans include social security benefits. The proceeds from a private or public insurance plan shall be prorated over the life expectancy of the victim and the amount of the first four years shall be deducted from the amount of the lost salary deduct from the loss of support award an amount equal to benefits the dependents received or are to receive, over the course of 4 years, as survivor benefits from the federal social security program. The department shall determine if the dependents have received or will receive life insurance proceeds due to the victim’s death and each dependent’s loss of support award shall be reduced by the life insurance proceeds available to them.
SECTION 12. Jus 11.05 (3) (b) is repealed.
SECTION 13. Jus 11.05 (4) (a) 4. is amended to read:
Jus 11.05 (4) (a) 4. As an emergency From an award under s. 949.10 949.26, Stats.
SECTION 14. Jus 11.05 (4) (a) 4. (Note) is repealed.
SECTION 15. Jus 11.06 (1) (intro.) and (a) are amended to read:
Jus 11.06 (1) Eligible providers. Eligible providers of mental health treatment under this subchapter include a qualified treatment trainee under clinical supervision as defined by s. DHS 35.03 (17m) or any of the following individuals licensed by the state in which he or she practices: (a) A licensed physician who has completed a residency in psychiatry.
