63M-7-525.  Purpose — Not entitlement program.

(1) 

criminal case

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Terms Used In Utah Code 63M-7-525

  • Board: means the Crime Victim Reparations and Assistance Board created under Section 63M-7-504. 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
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Fund: means the Crime Victim Reparations Fund created in Section 63M-7-526. See Utah Code 63M-7-502
  • Office: means the director, the reparations and assistance officers, and any other staff employed for the purpose of carrying out the provisions of this part. See Utah Code 63M-7-502
  • Person: means :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
  • 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
  • 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
(a)  The purpose of the office is to assist victims of criminally injurious conduct who may be eligible for assistance from the fund.

(b)  Reparation to a victim under this part is limited to the money available in the fund.

(2) 

(a)  The assistance program described in Subsection (1) is not an entitlement program.

(b)  A reparations award may be limited or denied as determined appropriate by the board.

(c)  Failure to grant a reparations award does not create a cause of action against the office, the state, or any of its subdivisions and there is no right to judicial review over the decision whether or not to grant a reparations award.

(3)  A cause of action based on a failure to give or receive the notice required by this part does not accrue to any person against the state, any of its agencies or local subdivisions, any of their law enforcement officers or other agents or employees, or any health care or medical provider or its agents or employees nor does it affect or alter any requirement for filing or payment of a reparations claim.

Amended by Chapter 149, 2020 General Session

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