(1) An applicant for compensation under ORS § 147.005 to 147.367 must file an application under oath on a form furnished by the Department of Justice. The application shall include:

Terms Used In Oregon Statutes 147.105

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Dependent: A person dependent for support upon another.
  • Oath: A promise to tell the truth.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(a) The name and address of the victim;

(b) If the victim is deceased, the name and address of the applicant and relationship to the victim, the names and addresses of the victim’s dependents and the extent to which each is so dependent;

(c) The date and nature of the crime or attempted crime on which the application for compensation is based;

(d) The date and place where, and the law enforcement officials or other persons described in ORS § 147.015 (2)(b) to whom, notification of the crime was given;

(e) The nature and extent of the injuries sustained by the victim, the names and addresses of those giving medical and hospital treatment to the victim and whether death resulted;

(f) The loss to the applicant and to such other persons as are specified under paragraph (b) of this subsection, resulting from the injury or death;

(g) The amount of benefits, payments or awards, if any, payable from any source, which the applicant or other person, listed under paragraph (b) of this subsection, has received or for which the applicant or other person is eligible as a result of the injury or death;

(h) Releases authorizing the surrender to the department of reports, documents and other information relating to the matters specified under this subsection; and

(i) Such other information as the department determines is necessary.

(2) The department may require that the applicants submit with the application materials substantiating the facts stated in the application.

(3) If the department finds that an application does not contain the required information or that the facts stated therein have not been substantiated, it shall notify the applicant in writing of the specific additional items of information or materials required.

(4) An applicant may file an amended application or additional substantiating materials to correct inadvertent errors or omissions at any time before the department has completed its consideration of the original application.

(5) The filing of additional information or the amendment of the application pursuant to subsection (3) or (4) of this section shall be considered for the purposes of ORS § 147.005 to 147.367 to have been filed at the same time as the original application.

(6) If at the time of application, the applicant is incarcerated as a result of a conviction of a crime, the department shall process the application in the normal course. The claim shall remain open but the applicant is not eligible for compensation until the applicant is released from custody. [1977 c.376 § 8; 1991 c.603 § 1; 1991 c.862 § 5; 1993 c.18 § 24; 2012 c.81 § 9; 2023 c.318 § 5]

 

[Amended by 1973 c.836 § 123; renumbered 133.793]

 

  Previous section
Next section  
 Compensation Procedure Contents