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LAKEWOOD VICTIM ASSISTANCE AND LAW ENFORCEMENT PROGRAM
Sections:
1.17.010 Definitions.
1.17.020 Surcharge levied on criminal actions and traffic
offenses.
1.17.030 Fund created.
1.17.040 Purpose.
1.17.050 Disbursement of funds.
1.17.060 Creation of Victim Assistance Compensation Board.
1.17.070 Application for compensation.
1.17.080 Hearings.
1.17.090 Awarding compensation.
1.17.100 Losses compensable.
1.17.110 Emergency awards.
1.17.120 Fees.
1.17.130 Chief of police custodian of fund-Disbursements.
1.17.010 Definitions.
The following definitions shall apply to this chapter:
"Child" means an unmarried person who is under eighteen years of age.
The term includes a stepchild or an adopted child.
"Compensable crime" means an intentional, knowing, reckless, or criminally
negligent act of a person that results in residential property damage or damage
to a motor vehicle which is not the result of a traffic accident or bodily injury
or results in loss of or damage to eyeglasses, dentures, hearing aids, or other
prosthetic or medically necessary devices or results in the need for mental
health counseling and which is punishable as a crime in this state or as a violation
of the Lakewood Municipal Code. This term includes federal offenses committed
in the city.
"Economic loss" means economic detriment consisting only of allowable
expense, net income, or replacement services loss. The term does not include
noneconomic detriment.
"Injury" means actual bodily harm.
"Victim" means a person who suffers residential property damage or
damage to a motor vehicle as a result of a compensable crime which was perpetrated
or attempted against him within the City of Lakewood; is injured in this city
as a result of a compensable crime perpetrated or attempted against him; is
injured while not in the city as a result of a compensable crime that began
in this city; or is injured in this city while attempting to assist a person
against whom a compensable crime is being perpetrated or attempted, if that
attempt of assistance would be expected of a reasonable man under the circumstances.
"Victim and Witness Assistance Program" means programs which provide
to victims and witnesses of crimes which occurred within the city, assistance,
service, and information, prior to, during, and after the prosecution of such
crimes. (Ord. O-92-33 § 1 (part), 1992).
1.17.020 Surcharge levied on criminal actions and traffic
offenses.
A. A ten percent surcharge is levied on every fine and supervision fee imposed
for a violation of the Lakewood Municipal Code resulting in a conviction, a
judgment of liability by default, a deferred judgment and sentence, or a plea
of guilty or nolo contendere, provided that the total of said fine and surcharge
shall not exceed the maximum fine established for such violation under this
code. This surcharge shall be paid to the clerk of the court, who shall deposit
same in the Lakewood Victim Assistance and Law Enforcement Fund as established
by this chapter.
B. This surcharge shall be mandatory and be in addition to any other surcharge,
fine, or cost imposed by the Lakewood Municipal Code or the court. The surcharge
levied by this section may not be suspended or waived by the court unless the
court determines that the defendant is indigent. All calculated surcharge amounts
resulting in dollars and cents shall be rounded down to the nearest whole dollar.
(Ord. O-93-68 § 5, 1993; Ord. O-92-33 § 1 (part), 1992).
1.17.030 Fund created.
There is established a special fund of the City of Lakewood to be known as the
Victim Assistance and Law Enforcement Fund. (Ord. O-92-33 § 1 (part), 1992).
1.17.040 Purpose.
The Victim Assistance and Law Enforcement Fund shall be a special fund consisting
of no revenue other than from the surcharge levied in criminal actions and traffic
offenses as provided for by this chapter. The fund shall be used to assist victims
of and witnesses to crimes occurring within the city, to help compensate such
victims, and to fund the victim assistance law enforcement program. The City
Council specifically finds and determines the creation of the Victim Assistance
and Law Enforcement Fund is consistent with the city's powers as a home rule
municipal corporation, and that exercise of said powers in the manner set forth
herein is in furtherance of the public health, safety, and welfare. (Ord. O-92-33
§ 1 (part), 1992).
1.17.050 Disbursement of funds.
A. Not more than seventy-five percent nor less than seventy percent of the moneys
collected by means of the surcharge imposed by this chapter shall be used to
fund the Victim and Witness Assistance Program.
B. Not more than twenty-five percent nor less than twenty percent of the moneys
collected by means of the surcharge imposed by this chapter shall be used for
compensation awards granted directly to victims of and witnesses to compensable
crimes.
C. Not more than five percent nor less than three percent of the moneys collected
by means of the surcharge imposed by this chapter shall be used by the Lakewood
Police Department for the training of employees and volunteers concerning victim
assistance matters. (Ord. O-92-33 § 1 (part), 1992).
1.17.060 Creation of Victim Assistance Compensation Board.
A. There is established a Victim Assistance Compensation Board. The Victim Assistance
Compensation Board shall consist of five members appointed by City Council.
The board shall consist of an employee of the Lakewood Police Department, an
employee of the Lakewood Municipal Court, one representative from a victim assistance
program, and two residents of the city.
B. Members of the board shall serve for a term of three years, provided, however,
that the initial appointments to the board shall consist of one appointment
for a term of one year, two appointments of a term of two years, and two appointments
of a term of three years. In the event a vacancy occurs in the board, the City
Council shall make an appointment for the unexpired term. Any member of the
board may be removed by the City Council for nonattendance or other cause.
C. The members of the board shall annually elect a chairman from their number
who shall preside over all hearings and proceedings of the board. The chairman
may designate a member of the authority to assume his duties in his absence.
A quorum shall consist of three of the five members, and a decision of a majority
of the members of the board shall control. A motion shall be adopted by not
less than three affirmative votes. Any hearing may be continued to permit an
absent member (or members) to participate in a decision. Any absent member may
join in a decision of the board after he has considered the evidence adduced
in any hearings or portions of hearings conducted during his absence.
D. The term of office for members of the Victim Assistance Compensation Board
shall end on September 30th of the last year of the member's term. (Ord. O-2003-31
§ 1, 2003; Ord. O-92-33 § 1 (part), 1992).
1.17.070 Application for compensation.
A. A person who may be eligible for compensation under this chapter may apply
to the board. In a case in which the person entitled to apply is a minor, the
application may be made on his behalf by his parent or guardian. In a case the
person entitled to apply is mentally incompetent, the application may be made
on his behalf by his parent, conservator, or guardian or by any other individual
authorized to administer his estate.
B. In order to be eligible for compensation, the applicant shall submit reports,
from any physician who has treated or examined the victim at the time of or
subsequent to the victim's injury and shall submit a report or case number,
if readily available, from the Lakewood Police Department or any other law enforcement
agency which shall set forth the nature of the victim's injury which is the
result of a compensable crime. If, in the opinion of the board, reports on the
previous medical history of the victim or a report on the examination of the
injured victim would be of material aid to its determination, the board may
require the applicant to provide such reports.
C. In order to be eligible for compensation for property damage, the applicant
shall submit a report or case number, if reasonably available from the Lakewood
Police Department or any other law enforcement agency which shall set forth
the nature of the property damage which is the result of a compensable crime.
D. If the applicant makes any false statement as to a material fact, he shall
be ineligible for an award. (Ord. O-92-33 § 1 (part), 1992).
1.17.080 Hearings.
A. The board, in its discretion, may conduct a hearing upon any application
submitted to it.
B. The burden of proof is upon the applicant to show that the claim is reasonable
and is compensable under the terms of this chapter. The standard of proof is
by a preponderance of the evidence.
C. If a person has been convicted of an offense with respect to an act on which
a claim is based, proof of that conviction shall be taken as conclusive evidence
that the offense has been committed, unless an appeal or a proceeding with regard
to it is pending. The fact that the identity of the assailant is unknown or
that the assailant has not been prosecuted or convicted shall not raise a presumption
that the claim is invalid.
D. Orders and decisions of the board are final.
E. In the performance of its functions, the board is authorized to make, rescind,
and amend regulations prescribing the procedures to be followed in the filing
of applications and in proceedings under this chapter. (Ord. O-92-33 §
1 (part), 1992).
1.17.090 Awarding compensation.
A. A person is eligible for an award of compensation under this chapter if:
1. The person is a victim of a compensable crime which was perpetrated on or
after June 1, 1993, and which resulted in a loss;
2. The appropriate law enforcement officials were notified of the perpetration
of the crime allegedly causing the injury to the victim within seventy-two hours
after its perpetration, unless the board finds good cause exists for the failure
of notification;
3. The applicant has cooperated fully with law enforcement officials in the
apprehension and prosecution of the assailant or the board has found good cause
exists for the failure to cooperate;
4. The injury to the victim or the property damage was not substantially attributable
to his wrongful act or substantial provocation of his assailant;
5. The application for an award of compensation under this chapter is filed
with the board within one year of the date of injury to the victim, within six
months of the date of property damage, or within such further extension of time
as the board, for good cause shown, allows; and
6. The applicant is ineligible for compensation under the Colorado Crime Victim
Compensation Act.
B. The board may waive any of the requirements set forth in this section, or
the limitations set forth in Section 1.17.100, or order a denial or reduction
of an award, if in the interest of justice, it is so required.
C. Upon a finding by the board that compensation should be awarded, the board
shall submit a statement of award to the Chief of Police or his designee who
shall remit payment in accordance with the statement of award. (Ord. O-92-33
§ 1 (part), 1992).
1.17.100 Losses compensable.
A. Losses compensable under this chapter resulting from injury to a victim include:
1. Reasonable medical and hospital expenses and expenses incurred for dentures,
eyeglasses, hearing aids, or other prosthetic or medically necessary devices;
2. Loss of earnings;
3. Outpatient care;
4. Homemaker and home health services;
5. Mental health counseling.
B. Losses compensable under this chapter resulting from property damage include:
1. Repair or replacement of property damaged as a result of a compensable crime;
or
2. Payment of the deductible amount on a residential insurance policy.
C. The victim's recovery shall not exceed one hundred dollars for each compensable
property crime and shall not exceed two hundred dollars for each compensable
crime which resulted in injury; but in no case shall a loss be compensable if
the aggregate loss is less than twenty-five dollars.
D. Compensable losses do not include pain and suffering. (Ord. O-92-33 §
1 (part), 1992).
1.17.110 Emergency awards.
The board may order an emergency award to the applicant pending a final decision
on the claim if it appears to the board, prior to taking action upon the claim,
that undue hardship will result to the applicant if immediate payment is not
made. The amount of such award shall not exceed fifty dollars and shall be deducted
from any final award made as a result of the claim. (Ord. O-92-33 § 1 (part),
1992).
1.17.120 Fees.
No fee may be charged to the applicant by the board in any proceeding under
this article. (Ord. O-92-33 § 1 (part), 1992).
1.17.130 Chief of police custodian of fund-Disbursements.
The Chief of Police or his designee shall be the custodian of the fund, and
all disbursements from the fund shall be paid by him upon written authorization
of the board. (Ord. O-92-33 § 1 (part), 1992).
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