Iowa Code 915.86 – Computation of compensation
Current as of: 2023 | Check for updates
|
Other versions
The department shall award compensation, as appropriate, for any of the following economic losses incurred as a direct result of an injury to or death of the victim:
1. Reasonable charges incurred for medical care not to exceed twenty-five thousand dollars. Reasonable charges incurred for mental health care not to exceed five thousand dollars which includes services provided by a psychologist licensed under chapter 154B, a person holding at least a master’s degree in social work or counseling and guidance, or a victim counselor as defined in section 915.20A.
a. The department shall establish the rates at which it will pay charges for medical care.
b. If the department awards compensation, in full, at the established rate for medical care, and the medical provider accepts the payment, the medical provider shall hold harmless the victim for any amount not collected that is more than the rate established by the department.
Terms Used In Iowa Code 915.86
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Dependent: A person dependent for support upon another.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Venue: The geographical location in which a case is tried.
- victim: means a minor under the age of eighteen who has been sexually abused or subjected to any other unlawful sexual conduct under chapter 709, 710A, or 726 or who has been the subject of a forcible felony. See Iowa Code 915.35
2. Loss of income from work the victim would have performed and for which the victim would have received remuneration if the victim had not been injured, not to exceed six thousand dollars.
3. Loss of income from work that the victim’s parent or caretaker would have performed and for which the victim’s parent or caretaker would have received remuneration for up to three days after the crime or the discovery of the crime to allow the victim’s parent or caretaker to assist the victim and when the victim’s parent or caretaker accompanies the victim to medical and counseling services, not to exceed one thousand dollars per parent or caretaker.
4. Loss of income from work that the victim, the victim’s parent or caretaker, or the survivor of a deceased victim would have performed and for which that person would have received remuneration, where the loss of income is a direct result of cooperation with the investigation and prosecution of the crime or attendance at criminal justice proceedings including the trial and sentencing in the case, or due to the planning of or attendance at a funeral, memorial, or burial service, not to exceed one thousand dollars per person.
5. Reasonable replacement value of clothing that is held for evidentiary purposes not to exceed two hundred dollars.
6. Reasonable funeral and burial expenses not to exceed seven thousand five hundred dollars.
7. Loss of support for dependents resulting from death or a period of disability of the victim of sixty days or more not to exceed four thousand dollars per dependent.
8. In the event of a victim’s death, reasonable charges incurred for counseling a survivor of a deceased victim if the counseling services are provided by a psychologist licensed under chapter 154B, a victim counselor as defined in section 915.20A, subsection 1, or an individual holding at least a master’s degree in social work or counseling and guidance, and reasonable charges incurred by such persons for medical care counseling provided by a psychiatrist licensed under chapter 148. The allowable charges under this subsection shall not exceed five thousand dollars per person.
9. In the event of a victim’s death, reasonable charges incurred for health care for a survivor of a deceased victim, not to exceed three thousand dollars per survivor.
10. In the event of a victim’s death, loss of income from work that, but for the death of the victim, would have been earned by a survivor of a deceased victim, not to exceed six thousand dollars.
11. Reasonable expenses incurred by the victim, secondary victim, or survivor of a deceased victim for cleaning the scene of a crime, not to exceed one thousand dollars per crime scene.
12. Reasonable charges incurred for mental health care for secondary victims which include the services provided by a psychologist licensed under chapter 154B, a person holding at least a master’s degree in social work, counseling, or a related field, a victim counselor as defined in section 915.20A, or a psychiatrist licensed under chapter 148. The allowable charges under this subsection shall not exceed two thousand dollars per secondary victim.
13. Reasonable dependent care expenses incurred by the victim, the victim’s parent or caretaker, or the survivor of a deceased victim for the care of dependents while attending criminal justice proceedings, medical or counseling services, or funeral, burial, or memorial services, not to exceed one thousand dollars per person.
14. Reasonable crime-related expenses incurred by a victim, the victim’s parent or caretaker, or a survivor of a deceased victim to replace inadequate or damaged locks, windows, and other residential security items or install new locks, windows, and other residential security items, not to exceed five hundred dollars per residence.
15. Reasonable expenses incurred by the victim, a secondary victim, the parent or guardian of a victim, or a survivor of a deceased victim for transportation to medical or counseling services, criminal justice proceedings, or a funeral, memorial, or burial service, not to exceed one thousand dollars per person.
16. Reasonable charges incurred by a victim, a secondary victim, a survivor of a deceased victim, or by a victim service program on behalf of a victim, for emergency relocation expenses, not to exceed one thousand dollars per person per lifetime.
17. Reasonable expenses incurred by a victim, or by a victim service program on behalf of a victim, for up to three months of housing assistance, not to exceed two thousand dollars per person per lifetime.
18. a. Additional compensation to a victim, secondary victim, or survivor of a deceased victim in an amount not to exceed a total of five thousand dollars per person for charges, expenses, or loss of income incurred that would otherwise be compensable under this section but for the eligibility requirements and compensation limits provided for at the time of initial application for compensation under this section under the following circumstances:
(1) The charges, expenses, or loss of income incurred were not compensable under this section at the time of initial application for compensation under this section.
(2) The victim, secondary victim, or survivor of a deceased victim demonstrates that a denial of additional compensation under this subsection would constitute an undue hardship.
(3) The victim, secondary victim, or survivor of a deceased victim incurs additional charges, expenses, or loss of income upon occurrence of a new event related to the event authorizing compensation under this section that would otherwise be compensable under this section but for the compensation limits provided for the applicable compensation category. For purposes of this subparagraph, “new event” includes additional criminal justice proceedings due to a mistrial, retrial, or separate or additional trials resulting from the existence of multiple offenders; a new appellate court decision relating to the event authorizing compensation under this section; a change of venue of a trial; a change in offender custody status; the death of the offender; or the exoneration of the offender.
b. Additional compensation otherwise authorized by this subsection shall not be awarded for an application for compensation under subsection 7, 16, or 17.