63M-7-511.  Compensable losses and amounts.
     A reparations award under this part may be made if:

(1)  the reparations officer finds the reparations claim satisfies the requirements for the reparations award under the provisions of this part and the rules of the board;

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Terms Used In Utah Code 63M-7-511

  • Board: means the Crime Victim Reparations and Assistance Board created under Section 63M-7-504. See Utah Code 63M-7-502
  • Child: means an unemancipated individual who is under 18 years old. See Utah Code 63M-7-502
  • Criminally injurious conduct: includes a felony violation of Section 76-7-101 and other conduct leading to the psychological injury of an individual resulting from living in a setting that involves a bigamous relationship. See Utah Code 63M-7-502
  • Fund: means the Crime Victim Reparations Fund created in Section 63M-7-526. See Utah Code 63M-7-502
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Reparations award: means money or other benefits provided to a claimant or to another on behalf of a claimant after the day on which a reparations claim is approved by the office. See Utah Code 63M-7-502
  • Reparations claim: means a claimant's request or application made to the office for a reparations award. See Utah Code 63M-7-502
  • Reparations officer: includes the director when the director is acting as a reparations officer. See Utah Code 63M-7-502
  • Sexual assault: means any criminal conduct described in 4. See Utah Code 63M-7-502
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Statute: A law passed by a legislature.
  • Victim: means an individual who suffers bodily or psychological injury or death as a direct result of:
(i) criminally injurious conduct; or
(ii) the production of pornography in violation of Section 76-5b-201 or 76-5b-201. See Utah Code 63M-7-502
(2)  money is available in the fund;

(3)  the individual for whom the reparations award is to be paid is otherwise eligible under this part; and

(4)  the reparations claim is for an allowable expense incurred by the victim, as follows:

(a)  reasonable and necessary charges incurred for products, services, and accommodations;

(b)  inpatient and outpatient medical treatment and physical therapy, subject to rules made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(c)  mental health counseling that:

(i)  is set forth in a mental health treatment plan that is approved before any payment is made by a reparations officer; and

(ii)  qualifies within any further rules made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(d)  actual loss of past earnings and anticipated loss of future earnings because of a death or disability resulting from the personal injury at a rate not to exceed 66-2/3% of the individual’s weekly gross salary or wages or the maximum amount allowed under the state workers’ compensation statute;

(e)  care of minor children enabling a victim or spouse of a victim, but not both, to continue gainful employment at a rate per child per week as determined under rules established by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(f)  funeral and burial expenses for death caused by the criminally injurious conduct, subject to rules made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(g)  loss of support to a dependent not otherwise compensated for a pecuniary loss for personal injury, for as long as the dependence would have existed had the victim survived, at a rate not to exceed 66-2/3% of the individual’s weekly salary or wages or the maximum amount allowed under the state workers’ compensation statute, whichever is less;

(h)  personal property necessary and essential to the health or safety of the victim as defined by rules made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(i)  medical examinations, subject to rules made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which may allow for exemptions from Sections 63M-7-509, 63M-7-512, and 63M-7-513; and

(j)  for a victim of sexual assault who becomes pregnant from the sexual assault, health care:

(i)  for the victim during the duration of the victim’s pregnancy if the health care is related to or resulting from the sexual assault or the pregnancy; and

(ii)  for the victim and the victim’s child for one year after the day on which the victim’s child is born.

Amended by Chapter 158, 2023 General Session

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