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§ 11.704. Determination of claims

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 18 P.S. Crimes and OffensesEffective: September 9, 2022

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 18 P.S. Crimes and Offenses
Chapter 2. Crime Victims Act (Refs & Annos)
Chapter 7. Compensation
Effective: September 9, 2022
18 P.S. § 11.704
§ 11.704. Determination of claims
<Section 16 of Act 2022, July 11, P.L. 775, No. 77, provides that the amendment of this section by that Act shall apply to claims where the crime occurred after April 7, 2023.>
(a) Processing.--The Office of Victims' Services shall establish functional procedures for the intake, verification and processing of claims.
(b) Review.--
(1) The Office of Victims' Services shall review the claim and all supporting documents and investigate the validity of the claim. The investigation shall include an examination of police, court and official records and reports concerning the crime and may include an examination of medical and hospital reports relating to the injury upon which the claim is based. The Office of Victims' Services may not request or review counseling notes of mental health service providers. The Office of Victims' Services shall request an assessment from the mental health service provider as to the extent the service provided is needed as a direct result of the crime.
(2) Claims shall be investigated and determined, regardless of whether the alleged criminal has been apprehended, prosecuted or adjudicated for the crime in question.
(c) Determination.--The Office of Victims' Services shall determine whether to grant an award, increase or decrease an award or deny the claim based on the supporting documents, the report of the investigation and staff recommendations. If the Office of Victims' Services is unable to determine if a claim is justified based upon the supporting documents, it may direct a hearing before a hearing examiner designated by the commission. At the hearing, any relevant evidence not legally privileged shall be admissible.
(d) Notice.--The Office of Victims' Services shall promptly notify the claimant of its final decision.
(e) Records.--The Office of Victims' Services shall maintain complete records and histories on all claims filed, supplemental awards paid to claimants, claims status and third-party entitlements and recoveries in accordance with the commission's established records retention schedule.

Credits

1998, Nov. 24, P.L. 882, No. 111, § 704, imd. effective. Amended 2002, June 28, P.L. 496, No. 85, § 4, effective in 60 days; 2022, July 11, P.L. 775, No. 77, § 10, effective in 60 days [Sept. 9, 2022].
18 P.S. § 11.704, PA ST 18 P.S. § 11.704
Current through 2022 Regular Session Act 121. Some statute sections may be more current, see credits for details.
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