Crime Scene Clean Up Guidelines Nov 1, 2009 1
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1 OKLAHOMA CRIME VICTIMS COMPENSATION BOARD CRIME SCENE CLEAN UP AWARDS GUIDELINE EFFECTIVE 11/1/09 AUTHORITY 21 O.S. 142.3(1)d states allowable expenses include reasonable costs associated with crime scene clean up. 21 O.S. 142.13 states that reasonable costs associated with crime scene clean up shall not exceed $2,000.00. The definition of collateral sources found in 21 O.S. 142.3(3)h includes proceeds of any contract of insurance payable to the claimant for loss which the victim sustained because of the criminally injurious conduct. Such definition would include proceeds from homeowners insurance. POLICY This policy covers claims decided on or after November 1, 2009. Crime scene clean up is a compensable benefit payable to an eligible victim or claimant for cleaning a crime scene if the loss was not compensated through a collateral source, up to $2,000.00. The intent of awarding compensation for crime scene clean up is to minimize the trauma of the crime for the victim and family members. It is not the intent of this benefit to restore the crime scene to its original condition. The Oklahoma Crime Victims Compensation Board interprets cleaning and making the crime scene safe as reasonable to the victim or claimant. The purpose of this document is to state the Board’s criteria for determining crime scene clean up as a pecuniary loss, including: definitions; who is eligible; what expense are covered; procedures; and costs not covered. DEFINITIONS “Cleaning the crime scene” means: the professional cleaning, disinfecting, and removal or attempted removal of all items contaminated by blood or other bodily fluids as a result of criminally injurious conduct, in order to restore the environment to a safe state. This may include the removal or attempted removal of stains, odors, broken glass, and any other objects or impurities. WHO IS ELIGIBLE Pursuant to 21 O.S. 142.3(3), an eligible claimant is: a victim, a dependent of a victim who has died because of criminally injurious conduct or a person authorized to act on behalf of the victim or dependent of a victim. In no event shall any other person(s) be considered a claimant for the purposes of reimbursement for crime scene clean up. COVERED EXPENSES The costs must be an actual loss to the victim or claimant. For example, if a friend or neighbor actually cleans up the scene, the cost of the supplies may be reimbursable, provided receipts for the products are provided. The time spent by the person performing the service may not be reimbursable because the victim would not have ordinarily been billed for this service. If the victim or claimant hired a commercial firm or cleaning service to perform the service, the cost for labor is reimbursable.
|Okla State Agency||
Crime Victims Compensation Board, Oklahoma
|Title||Crime scene clean up awards guideline.|
Oklahoma Crime Victims Compensation Board.
|Publisher||Oklahoma District Attorneys Council|
Reparation (Criminal justice)--Oklahoma.
Crime scenes--Law and legislation--Oklahoma.
|Purpose||21 O.S. 142.3(1)d states allowable expenses include reasonable costs associated with crime scence clean up.|
|OkDocs Class#||C7350.1 C929s 2009|
|Digital Format||PDF, Adobe Reader required|
|ODL electronic copy||Downloaded from agency website: www.ok.gov/.../ Crime%20Scene%20Clean%20Up%20Guidelines%20Nov%201,%202009. ...|
|Rights and Permissions||This Oklahoma government publication is provided for educational purposes under U.S. copyright law. Other usage requires permission of copyright holders.|