Jus 11.04(5)(5) Reasonable replacement value of property, other than clothing and bedding under s. 949.06 (1) (c), Stats., that is held for evidentiary purposes and is rendered unusable as a result of crime laboratory testing, not to exceed the limitations of s. 949.06 (1) (cm), Stats. Jus 11.04(6)(6) Reasonable funeral and burial expenses not to exceed the limitations of s. 949.06 (1) (d), Stats. The costs of a reception, wake, or purchase of clothing for burial are not recoverable expenses under this section. Jus 11.04(7)(7) Loss of 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. Jus 11.04(8)(8) Reasonable and necessary costs associated with securing and cleaning up a crime scene not to exceed the limitations under s. 949.06 (1) (f), Stats. In this subsection: Jus 11.04(8)(a)(a) “Securing a crime scene” means taking reasonable steps to make the crime scene free of danger and the risk of future loss. Jus 11.04(8)(b)(b) “Cleaning up a crime scene” means removing or attempting to remove from the crime scene any stains or debris caused by the crime or the processing of the crime scene. Jus 11.04 HistoryHistory: Cr. Register, February, 1992, No. 434, eff. 3-1-92; correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register May 2016 No. 725; correction in (3) under 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 19-136: am. (1), (2) (a), (d), cr. (2) (dm), (2m), am. (3), cr. (3m), (4m), am. (6), (7), (8) (a) Register September 2021 No. 789, eff. 10-1-21. Jus 11.05(1)(1) To whom payable. The department may make an award for economic loss to or for the benefit of any of the following persons: Jus 11.05(1)(c)(c) A third person, other than a collateral source or business, that has incurred an expense as a direct result of the victim’s personal injury or death. Jus 11.05(1)(d)(d) A family member or person who lived with the victim immediately prior to the crime, as a result of the person’s or family member’s reaction to the death. In this subsection: Jus 11.05(2)(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. Jus 11.05(3)(3) Dependents’ loss of support. In determining the amount of the award, the department shall determine loss of support based on the victim’s net income at the time of death and loss of support shall be calculated equal to four times the victim’s annual net income. The department shall 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. Jus 11.05(4)(a)(a) Any award made under this subchapter shall be reduced by the amount of any payment received, or to be received, as a result of the injury or death: Jus 11.05(4)(a)2.2. From insurance payments or programs, including workers compensation, unemployment compensation and social security. Jus 11.05(4)(a)5.5. From one or more 3rd parties held liable for the victim’s injury or death. Jus 11.05(4)(b)(b) If the claimant fails to take advantage of a source of benefits that would have been available to the claimant or that would have reimbursed the claimant for all or a portion of an economic loss, the department shall reduce or deny an award to the extent that it would have been paid by such source of benefits. The department may waive this requirement in the interest of justice. Jus 11.05(5)(5) Awards to minor dependents. The department may award benefits to the parent of a minor dependent child, the child’s guardian or to such person, or trustee, for the minor dependent child’s use as may be found to be best calculated to serve the interest of the child or for the support and maintenance of a minor dependent child or children. Jus 11.05(6)(6) Awards to providers. The department may pay any portion of an award directly to the provider of any service which is the basis for that portion of the award. Jus 11.05(7)(7) Awards not subject to attachment. No award made under this subchapter may be subject to execution, attachment, garnishment or other process, except that an award for economic loss is not exempt from a claim of a creditor to the extent that the creditor provided products, services or accommodations, the costs of which are included in the award. Jus 11.05(8)(8) Actual loss. The department may not make an award when the department determines in a particular case that the claimant would not ordinarily have been required to pay for the services but for ch. 949, Stats.