History: L. 1990, ch. 321, § 2; July 1.
(a) "Commission" means board of county commissioners;
(b) "crime" or "property crime" means an act made criminal by state, county or municipal penal codes and which does not constitute criminally injurious conduct as defined in subsection (e) of K.S.A. 74-7301 and amendments thereto;
(c) "collateral source" means the same as defined in subsection (d) of K.S.A. 74-7301 and amendments thereto;
(d) "local board" means a county property crime compensation board;
(e) "local fund" means a county property crime compensation fund;
(f) "loss" means out of pocket damage sustained by a victim against whom a crime has been committed, but does not include collateral sources;
(g) "property crime compensation board" means an entity created by a commission, or through an interlocal agreement pursuant to K.S.A. 12-2901 et seq. and amendments thereto, an entity created by a group of counties, to administer this act; and
(h) "victim" means an individual who suffers loss as a result of the commission of a crime, loss due to the good faith effort of any individual person to prevent a crime or loss due to the good faith effort of any individual person to apprehend a person suspected of engaging in a crime; where the context so requires, "victim" includes those persons filing a claim at the request of and on behalf of the victim, or the actual owner of property interests which were the subject of the crime.
History: L. 1990, ch. 321, § 3; July 1.
(b) Moneys in such fund shall be used only pursuant to authority granted in this act. Money appropriated or received in one fiscal year for use in the local fund pursuant to this act may be spent in the same or subsequent fiscal years.
(c) In conjunction with recommendations by the county or district attorney, a commission establishing a local fund under this section shall appoint a three-person local board to administer the local fund. Such local board shall from time to time review and make recommendations to the commission regarding amounts to be awarded under this act. Local board members appointed by the commission shall be residents of the county. Payments from the fund shall be made pursuant to warrant and shall be approved by the commission at a regularly scheduled meeting.
(d) A local board may apply for, receive or accept money from any source, including financial contributions from inmates as provided by subsection (b) of K.S.A. 75-5211 and amendments thereto for the purposes specified in this act. Upon receipt of any such money, at least monthly the commission shall cause all amounts received to be remitted to the county treasurer and deposited in and credited to the local fund.
(e) A commission may appropriate funds from other revenue sources to the local fund for use pursuant to this act.
History: L. 1990, ch. 321, § 4; July 1.
(b) Compensation may not be awarded unless the crime has been reported to an appropriate law enforcement agency within 72 hours after its discovery and the claim has been filed with the local board within 60 days after the filing of such report, unless the local board finds there was good cause for the failure to report such crime within the time required.
(c) Compensation may not be awarded to a victim who was the offender or an accomplice of the offender and may not be awarded to another person if the award would unjustly benefit the offender or accomplice.
(d) Compensation may not be awarded unless the local board finds the victim has fully cooperated with appropriate law enforcement agencies. The local board may deny, withdraw or reduce an award of compensation for noncooperativeness.
(e) Compensation otherwise payable to a victim shall be diminished:
(1) To the extent, if any, that the economic loss upon which the victim's claim is based is recouped from other persons, including collateral sources; or
(2) to the extent a local board deems reasonable because of the contributory misconduct of the victim.
(f) Compensation may be awarded only if the local board finds a genuine need is present.
(g) No compensation payment may exceed $500 if the property crime results in a felony charge. If the crime is committed by a juvenile, whether this subsection applies shall be determined on the basis of whether a felony would be charged had the offender been an adult.
(h) No compensation payment may exceed $250 if the property crime results in a misdemeanor or traffic charge. If the crime is committed by a juvenile, whether this subsection applies shall be determined on the basis of whether a misdemeanor would be charged had the offender been an adult. If the original crime charged was a felony and through plea negotiations the adult or juvenile offender is charged with and pleads guilty or nolo contendere to a misdemeanor, in the discretion of the local board, subsection (g) limits may apply to the compensation payment.
(i) If extraordinary circumstances are present and subject to the requirements imposed by subsection (c) of K.S.A. 19-4803 and amendments thereto, the local board may exceed the amounts in subsections (g) and (h).
(j) Compensation for work loss or personal injury due to criminally injurious conduct shall be governed by K.S.A. 74-7301 et seq. and amendments thereto, and rules and regulations promulgated by the state crime victims compensation board for that purpose. No local board may duplicate compensation for criminally injurious conduct through payments under this act.
(k) The local board may determine a floor amount of compensation which would be administratively wasteful. Once such an amount is chosen it shall be made public and must be uniformly applied to all persons filing claims with the local board.
(l) The local board may provide written policy for the handling of an expedited claims process where prompt assistance and payment of services needed to repair property damage is needed to thwart the possibility of the onset of illness or disease to the victim or victim's family, and where the victim has no other means of paying for such services.
(m) No award made pursuant to this act shall be subject to execution, attachment, garnishment or other legal process, except that an award for allowable expenses shall not be exempt from a claim of a creditor to the extent the creditor has provided products, services or accommodations the costs of which are included in the payment made pursuant to this act.
(n) No assignment or agreement to assign any right to compensation for loss under this act shall be enforceable in this state.
(o) No local fund shall pay any single individual or such individual's immediate family member compensation on more than two claims within a given fiscal year.
(p) No claim shall be allowed unless the crime charged is pursuant to article 37 of chapter 21 of Kansas Statutes Annotated or similar crimes in county or municipal penal codes. If the crime charged is pursuant to K.S.A. 21-3707, 21-3708, 21-3722, 21-3725, 21-3734, 21-3736, 21-3737, 21-3739, 21-3748, 21-3749, 21-3750, 21-3753, 21-3754 and 21-3756 and amendments thereto, no claim for compensation under this act shall be allowed. In addition to claims that may be made for criminally injurious conduct with the state crime victims compensation board, a claim for compensation for property damage may be allowed under this act for crimes charged under K.S.A. 21-3418, 21-3426 or 21-3427 and amendments thereto.
(q) Payment or payments made from a local fund under this act shall not limit, impair or preclude the ability of a court or the parole board to order restitution, and prescribe the manner and conditions of payment of restitution, as allowed by law.
History: L. 1990, ch. 321, § 5; L. 2000, ch. 119, § 1; July 1.
(b) Compensation from a local board is not a right, nor may this act be construed to confer a right upon anyone. Amounts awarded under this act, if any, are subject to the sole discretion of a majority vote of the local board. No person shall be civilly liable for any act or decision associated with the process of investigating, determining or recommending an amount of money to be awarded under this act unless such act or decision otherwise amounts to criminal conduct.
History: L. 1990, ch. 321, § 6; July 1.
History: L. 1990, ch. 321, § 7; July 1.
(b) Victims may elect to receive as payment for part or all of their out of pocket loss from the local fund and the balance from the offender under court-ordered restitution.
(c) Any money recovered on behalf of the local board pursuant to subsections (a) or (d) shall be deposited in and credited to the local fund.
(d) If for any reason a victim receiving, or who is authorized to receive, restitution by court order leaves no forwarding address and after reasonable diligence the victim or the victim's family cannot be located by the clerk, restitution received pursuant to this section shall be remitted to the local fund, if any.
History: L. 1990, ch. 321, § 8; July 1.
(b) A law enforcement agency shall provide the following information to the victim:
(1) The availability of emergency and medical services numbers, if needed;
(2) the police report number, in writing;
(3) the address and telephone number of the prosecutor's office that the victim should contact to obtain information about victims' rights pursuant to K.S.A. 74-7333 and 74-7335 and amendments thereto;
(4) the name, address and telephone number of the local board and information about victim compensation benefits, if any local board has been appointed in the county;
(5) advise the victim that the details of the crime may be made public; and
(6) advise the victim of such victim's rights under K.S.A. 74-7333 and 74-7335 and amendments thereto.
(c) A law enforcement agency may adopt any procedure to transmit such information which substantially complies with the provisions of this section.
History: L. 1990, ch. 321, § 9; July 1.
(b) For good cause shown, if an offender is delinquent in payment of restitution, fines or court costs, the assigned judge may decrease the amount of restitution required to be paid.
(c) In determining the appropriate amount of restitution to be awarded in such a hearing or other steps the court may take to insure restitution is paid promptly, the court shall determine:
(1) The amount of money appropriate for full restitution to victims and interested collateral sources;
(2) whether the offender can pay by means other than cash;
(3) whether collateral, guarantors or other forms of copayment should be authorized;
(4) the delinquent offender's means to pay in full;
(5) the delinquent offender's means were adequately assessed in determining the original restitution award;
(6) the risk the offender poses for nonpayment of restitution; and
(7) the victim's desires concerning restitution payments.
History: L. 1990, ch. 321, § 10; L. 1999, ch. 57, § 7; July 1.
The property crime compensation coordinator shall provide each victim who files a claim under this act the following information:
(a) Assistance in filling out applications for assistance;
(b) make preliminary investigations of such claim to insure a loss occurred;
(c) if the crime includes a personal injury, assist the victim in making a claim with the state crime victims compensation board;
(d) insure that prior to a sentencing hearing the county or district attorney has information sufficient to recommend an appropriate amount of restitution for the victim or other party which has suffered loss because of the commission of such crime;
(e) notify the local board whether the victim has cooperated fully with law enforcement agencies in prosecuting the crime;
(f) determine and recommend whether the victim desires to receive a lump-sum payment from the local board in lieu of restitution or desires full restitution paid directly by the criminal;
(g) work with court services and probation officers to track restitution payments ordered, and if a delinquency develops, to place such case on the payments docket for review;
(h) coordinate with court service officers or parole officers to insure offenders who are making restitution payments adhere to a payment plan;
(i) coordinate meetings of the local board or boards;
(j) recommend an amount of money to be paid by such local board or boards as compensation for each claim; and
(k) make annual reports on the progress of the program to the chief judge with recommendations for improving the program.
History: L. 1990, ch. 321, § 11; L. 1999, ch. 57, § 8; July 1.
History: L. 1990, ch. 321, § 12; L. 1999, ch. 57, § 9; July 1.
History: L. 1990, ch. 321, § 13; July 1.
History: L. 1990, ch. 321, § 14; July 1.