Reimbursement. (1) (a) By accepting a compensation award, a victim: (i) automatically assigns to the office any claim the victim may have relating to criminally injurious conduct in the compensation claim; and (ii) is required to reimburse the office if the victim recovers any money relating to the criminally injurious conduct. (b) The office's right of assignment and reimbursement under Subsection (1)(a) is limited to the lesser of: (i) the amount paid by the office; or (ii) the amount recovered by the victim from the third party. (c) The office may be reimbursed under Subsection (1)(a) regardless of whether the office exercises the office's right of assignment under Subsection (1)(a). (2) The commissioner, with the concurrence of the director, may reduce the office's right of reimbursement if the commissioner determines that: (a) the reduction will benefit the fund; or (b) the victim has ongoing expenses related to the offense upon which the compensation claim is based and the benefit to the victim of reducing the office's right of reimbursement exceeds the benefit to the office of receiving full reimbursement. (3) The office reserves the right to make a claim for reimbursement on behalf of the victim. (4) The victim may not discharge a claim against an individual or entity without the office's written permission. (5) The victim may not impair the office's: (a) claim; or (b) right of reimbursement. (6) The victim shall fully cooperate with the office in pursuing the office's right of reimbursement, including providing the office with any evidence in the victim's possession. (7) The office's right of reimbursement applies regardless of whether the victim is fully compensated for the victim's losses. (8) Notwithstanding Subsection 75E-5-309(2)(a)(i), a victim of a sexual offense who requests testing of the victim's self may be reimbursed for the costs of the HIV test only as provided in Subsection 53-10-803(4). Renumbered and Amended by Chapter 291, 2026 General Session
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