SECTION 2 of the final rule incorporates a new definition created by s. 949.01 (4g), Stats., for who is the “parent of the victim.” SECTION 3 of the final rule removes specific language to create a more general criterion of information to be contained on an application form.
SECTION 4 of the final rule updates language in Jus 11.03 to: (1) refer specifically to an eligibility determination; (2) clarify that the program manager has the responsibility for issuing a denial decision on a claim and that written decisions are only required when denying a claim; and (3) update the reference to the statute to reflect a single maximum award amount.
SECTION 5 of the final rule clarifies that an award is subject to the statutory limitation and removes the requirement that a physician must certify the disability period for any victim claiming economic loss because he or she is unable to work. This section also specifies how net business profits are calculated to conform with the statutory changes in 2015 Wis. Act 350. SECTION 6 of the final rule reflects a statutory change that a physician only needs to determine the disability period if the period exceeds 2 weeks, as well as the percent of loss net wages. Also, this section reflects a new benefit for parents of a minor victim created in 2015 Wis. Act 350. SECTION 7 of the final rule updates language to refer to awards for “caregiver” services instead of “homemaker” services, and also allows the Department to require physician certification that a victim is unable to perform such tasks.
SECTION 8 of the final rule incorporates new statutory benefits in 2015 Wis. Act 350 for housing adaptations and for replacement of computers and mobile telephones held by law enforcement for evidentiary purposes. SECTION 9 of the final rule reflects a statutory change in 2015 Wis. Act 350 that increases crime victim funeral benefits to $5,000 and specifies that such amount is included in a maximum award. This section also reflects a statutory change to simplify how a loss of support award for crime victim dependents is calculated. SECTION 10 of the final rule clarifies that an award can be made to reimburse a third party who is not financially responsible for the support of the victim. This section also reflects a statutory change that the maximum award amount now includes funeral expenses.
SECTION 11 of the final rule reflects statutory changes to simplify the calculation for a loss of support award.
SECTION 12 of the final rule removes the provision for calculation of economic loss and loss of support awards that was replaced by the changes in Section 11.
SECTION 13 of the final rule removes the reference to emergency awards that is no longer needed.
SECTION 14 of the final rule removes a note that is no longer needed given the amendment in Section 13.
SECTIONS 15, 16 and 17 of the final rule updates who is a qualified mental health treatment provider. The Program provides that victims may get an award to cover eligible services provided by a qualified mental health treatment provider.
SECTION 18 of the final rule reflects the changes regarding qualified providers in Section 15, 16, and 17. This section also removes the requirement that inpatient psychiatric services must be prescribed by a physician.
SECTIONS 19 and 20 of the final rule reflect a change regarding eligible psychotherapy expenses and adds a new provision to expand the range of eligible mental health services that may be covered by an award.
SECTION 21 of the final rule clarifies that awards may be made to claimants, in addition to victims. Under 2015 Wis. Act 350, parents of minor victims may receive awards for mental health services and lost wages related to the crime. This section updates language to reflect these statutory changes. SECTION 22 of the final rule reflects the statutory change that allows adults who were victimized as children to file an application regardless of the date of the crime.
SECTION 23 of the final rule allows a waiver of the time limits for a victim reporting the crime to law enforcement when it is in the interest of justice to do so. This section also clarifies that an award cannot be made to an adult passenger victim who knowingly rides with a driver who is impaired.
SECTION 24 of the final rule removes the provision for emergency awards that is no longer needed.
SECTION 25 of the final rule allows the Department additional time to make a decision about a request for a hearing to contest a decision made by the Program. This section also permits that those hearings may be closed for the benefit of any victim, and not just sexual assault victims.
SECTION 26 of the final rule clarifies the responsibility of law enforcement to provide information to crime victims about the availability of crime victim compensation.
Summary of, and comparison with, existing or proposed federal statutes and regulation: The final rule is consistent with the federal Victims of Crimes Act, 42 U.S.C. § 10601, et seq., which provides federal funding to qualifying state crime victim compensation programs. There is no other specific existing or proposed federal regulation that addresses the activities to be regulated by the final rule.
Comparison with rules in adjacent states: Illinois, Iowa, Michigan, and Minnesota all receive funding from the federal Victims of Crime Act, 42 U.S.C. § 20101, et seq. Iowa established the Crime Victim Compensation Program in Iowa Code ch. 915, and it is administered through Iowa Admin. Code r. 61-9.1, et seq. Illinois’ Crime Victim Compensation Program is set forth in 740 Ill. Comp. Stat. 45/1, et seq., which outlines the requirements for awards and provisions governing the program. In Michigan, the Crime Victim’s Services Commission oversees its crime victim compensation program, which is set forth in Mich. Comp. Laws § 18.351, et seq. Minnesota also has a compensation program for crime victims, which is administered by the Minnesota Crime Victims Reparations Board consistent with Minn. Stat. §§ 611A.51 to 611A.68 and Minn. R. ch. 3050. Summary of factual data and analytical methodologies: The final rule is based on the Department’s legal and Office of Crime Victim Services staff’s analysis of the language and requirements of the relevant statutes. Based on those analyses, the Department has determined that the final rule is necessary to incorporate the statutory changes set forth in 2015 Wis. Act 350, and for the Department to carry out its responsibilities under s. 949.02, Stats. Analysis of effect on small business. The final rules do not impose any financial or compliance burdens on or otherwise regulate small businesses. The program will be administered by the Department.
In reaching this determination, the Department posted the statement of scope and proposed rule on its Office of Crime Victim Services webpage and requested comments on the economic impact of the proposed rules. Specifically, the Department solicited information and advice from individuals, businesses, associations representing businesses, and local government units who may be affected by the proposed rules for use in analyzing and determining the economic impact that the rules would have on businesses, individuals, public utility rate payers, local government units, and the state’s economy as a whole. Comments were accepted from April 10, 2019, through April 30, 2019. No comments were received.
The Department also sent emails to individuals representing the folllowing organizations that included the statement of scope and proposed rule: Wisconsin Victim/Witness Professionals Association; Wisconsin District Attorney's Association; Wisconsin Hospital Association; Wisconsin Funeral Directors Association; Wisconsin Chiefs of Police Association; Wisconsin Coalition Against Sexual Assault; and End Abuse Wisconsin. The email to these organizations solicited information and advice on the economic impact of draft proposed rules. Comments were accepted from April 11, 2019, through April 30, 2019. No comments were received.
The Department also published a solicitation in the Administrative Register requesting information and advice from businesses, associations representing businesses, local governmental units, and individuals who may be affected by the proposed rules. This public notice was published in Wisconsin Administrative Register No. 760A3. Comments were accepted from April 15, 2019, through April 30, 2019. No comments were received. 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.
