Oklahoma § 21-142.13 - Payment of award - Exemption from process - Assignment

§ 21-142.13. Payment of award - Exemption from process - Assignment

- Counseling expenses.

A. The Crime Victims Compensation Board may compensate for work

loss, replacement services loss, dependent’s economic loss and

dependent’s replacement service loss. Compensation for a caregiver

who has out-of-pocket wage loss as a result of caring for the victim

who was injured as a result of criminally injurious conduct may not

exceed Three Thousand Dollars ($3,000.00).

B. Compensation payable to a victim and to all other claimants

sustaining economic loss because of injury to or death of that

victim may not exceed Twenty-five Thousand Dollars ($25,000.00) in

the aggregate. The Board may, after approval of an initial award of

Twenty-five Thousand Dollars ($25,000.00), grant an additional sum

not to exceed Twenty-five Thousand Dollars ($25,000.00),

specifically for loss of wages for the victim or loss of support for

dependents of a deceased victim, provided there is verifiable

economic loss after deducting payments from other sources. In no

event shall compensation payable to a victim and to all other

claimants sustaining economic loss because of injury to or death of

that victim exceed Fifty Thousand Dollars ($50,000.00) in the

aggregate.

C. The Board may provide for the payment to a claimant in a

lump sum or in installments. At the request of the claimant, the

Board may convert future economic loss, other than allowable

expense, to a lump sum.

D. An award payable in a lump sum or installments for loss of

support for a dependent of the deceased victim may be computed

through a formula which calculates the net loss of support for

dependents based upon an estimated date of retirement or an

estimated date of adulthood for dependent children, beginning with

the date of death of the victim and ending with the least of one of

the following time periods for each dependent filing loss of

support:

1. The amount of time from the date of death of the victim to

the date the victim would have been expected to reach sixty-two (62)

years of age;

2. The amount of time from the date of death of the victim to

the date the spouse of the victim is expected to reach sixty-two

(62) years of age; or

3. The amount of time from the date of death of the victim to

the date a dependent child is expected to reach eighteen (18) years

of age or twenty-three (23) years of age if the dependent child is

enrolled as a full-time student. An award payable in installments

for future loss of support may be modified by the Board in the event

a dependent child receiving loss of support is between the ages of

eighteen (18) and twenty-three (23) years of age and is no longer

enrolled as a full-time student, the dependent dies before all

Oklahoma Statutes - Title 21. Crimes and Punishments

installments are paid or the dependent receiving installments moves

and leaves no forwarding address with the Board office.

E. An award shall not be subject to execution, attachment,

garnishment or other process, except for child support and except

that an award for allowable expense shall not be exempt from a claim

of a creditor to the extent that such creditor has provided

products, services or accommodations, the costs of which are

included in the award.

F. An assignment by the claimant to any future award under the

provisions of Section 142.1 et seq. of this title is unenforceable,

except:

1. An assignment of any award for work loss to assure payment

of court ordered alimony, maintenance or child support; or

2. An assignment of any award for allowable expense to the

extent that the benefits are for the cost of products, services or

accommodations necessitated by the injury or death on which the

claim is based and are provided or to be provided by the assignee.

G. The Board may, in its discretion, approve payment of crisis

counseling, occurring within three (3) years of the crime, in an

amount not to exceed Three Thousand Dollars ($3,000.00) for each

family member of a homicide victim; provided, the counselor is a

qualified mental health care provider. Medical and pharmaceutical

treatment is not compensable for any family member of a deceased

victim.

H. Outpatient counseling expenses for a victim of criminally

injurious conduct may be considered by the Board provided the

counseling is focused on the crime and the counselor is a qualified

mental health care provider. A total not to exceed Three Thousand

Dollars ($3,000.00) may be awarded for individual counseling

sessions for victims of criminally injurious conduct. Sessions

between the mental health care provider and nonoffending parents of

a victimized child under eighteen (18) years of age may also be

included in the award provided the combined total for the counseling

and parental sessions does not exceed Three Thousand Dollars

($3,000.00) and the parental sessions relate to the victimization.

In extreme cases, the Board may, in its discretion, waive the threethousand-dollar limit. Inpatient mental health treatment will be

reviewed on a case-by-case basis and may be compensated, at the

discretion of the Board, in an amount not to exceed Twenty Thousand

Dollars ($20,000.00).

I. Reasonable funeral, cremation or burial expenses shall not

exceed Seven Thousand Five Hundred Dollars ($7,500.00).

J. Reasonable costs associated with crime scene cleanup shall

not exceed Two Thousand Dollars ($2,000.00).

K. Loss of income of a caregiver shall not exceed Three

Thousand Dollars ($3,000.00).

Oklahoma Statutes - Title 21. Crimes and Punishments

L. Reasonable costs for vehicle impound fees are limited to

violent crimes occurring in a vehicle owned by the victim of the

violent crime or an eligible claimant, provided such fee is

associated with the collection and security of crime scene evidence.

Reimbursement for vehicle impound fees shall not exceed Seven

Hundred Fifty Dollars ($750.00).

Added by Laws 1981, c. 93, § 13. Amended by Laws 1993, c. 325, § 9,

emerg. eff. June 7, 1993; Laws 1996, c. 292, § 3, emerg. eff. June

10, 1996; Laws 1999, c. 177, § 6, eff. July 1, 1999; Laws 2000, c.

324, § 2, eff. July 1, 2000; Laws 2005, c. 154, § 1, eff. July 1,

2005; Laws 2007, c. 171, § 5, eff. Nov. 1, 2007; Laws 2008, c. 283,

§ 1, eff. Nov. 1, 2008; Laws 2009, c. 163, § 1, eff. Nov. 1, 2009;

Laws 2023, c. 119, § 2, eff. Nov. 1, 2023.