TITLE 72

WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION

CHAPTER 10

CRIME VICTIMS COMPENSATION

72-1004.  Powers and duties of commission. (1) The commission shall:

(a)  Adopt rules to implement this chapter in compliance with chapter 52, title 67, Idaho Code;

(b)  Prescribe forms for applications for compensation; and

(c)  Determine all matters relating to claims for compensation.

(2)  The commission may:

(a)  Request and obtain from prosecuting attorneys and law enforcement officers investigations and data to enable the commission to determine whether and the extent to which a claimant qualifies for compensation. A statute providing confidentiality for a claimant’s juvenile court records does not apply to proceedings under this chapter;

(b)  Subpoena witnesses and other prospective evidence, administer oaths or affirmations, conduct hearings, and receive relevant, nonprivileged evidence;

(c)  Take notice of judicially cognizable facts and general, technical, and scientific facts within its specialized knowledge;

(d)  Require that law enforcement agencies and officials take reasonable care that victims be informed about the existence of this chapter and the procedure for applying for compensation under this chapter;

(e)  Require that any person contracting directly or indirectly with an individual formally charged with or convicted of a qualifying crime for any rendition, interview, statement, or article relating to such crime to deposit any proceeds owed to such individual under the terms of the contract into an escrow fund for the benefit of any victims of the qualifying crime or any surviving dependents of the victim, if such individual is convicted of that crime, to be held for such period of time as the commission may determine is reasonably necessary to perfect the claims of the victims or dependents. If, after all funds due the victim have been paid to the victim under this section, there remain additional funds in the escrow account, such funds shall be returned to the crime victims compensation account; and

(f)  Require claimants to sign a release and provide information to determine eligibility for compensation under this chapter. Any information received by the commission pursuant to this subsection shall be kept confidential except as provided in section 72-1007, Idaho Code.

History:

[72-1004, added 1986, ch. 337, sec. 1, p. 827; am. 2002, ch. 136, sec. 3, p. 375.]