(a) The criminally injurious conduct leading to the filing of the reparations claim must have occurred:

1. (1) In Arkansas;
2. (2) To a resident of Arkansas in a state without a reparations program for which the victim is eligible; or
3. (3) To a resident of Arkansas who is injured or killed by an act of terrorism committed outside of the United States as defined in 18 U.S.C. § 2331.

(c)

1. (1) The incident must have been reported to the proper authorities within seventy-two (72) hours or would have been reported within the period of time except for good cause.

2. (2) Good cause shall include, but not be limited to, the:

   1. (A) Physical incapacity of a victim;
   2. (B) Mental incompetence of a victim;
   3. (C) Age of the victim; and
   4. (D) Injury was not reasonably discoverable.

(d)

1. (1) The application for compensation must be filed within one (1) year of the incident, unless the Crime Victims Reparations Board finds good cause for failure to file a timely claim.

2. (2) Good cause shall include, but not be limited to:

   1. (A) The physical incapacity of a victim;
   2. (B) The mental incompetence of a victim;
   3. (C) The age of the victim;
   4. (D) The injury was not reasonably discoverable;
   5. (E) Restitution or other collateral source was regularly being paid and then terminated; and
   6. (F) Postal service delays that are verifiable.

(f)

1. (1) The claimant and/or victim must, to the extent able, have cooperated with law enforcement officials during their investigation.

2. (2) The following issues may be considered when determining cooperation:

   1. (A) Failure to cooperate in the prosecution of the defendant or to appear as a witness;
   2. (B) Not cooperating initially but later deciding to cooperate and the delay allows the defendant to escape prosecution;
   3. (C) Not cooperating initially but later deciding to cooperate without any good cause as to the delay;
   4. (D) Causing extra or unnecessary effort on the part of law enforcement to gain prosecution;
   5. (E) Reluctantly providing information pertaining to the crime, failing to appear when requested without good cause, giving false or misleading information, or attempting to avoid law enforcement;
   6. (F) Failing to prosecute or cooperate with law enforcement because of fear for his or her personal safety;
   7. (G) Failing to give testimony or otherwise cooperate with the prosecutor's office; and
   8. (H) Failing to cooperate with the board’s administrative staff by not returning requested information, not returning telephone calls, not providing accurate information, etc.

(h)

1. (1) The claimant and/or victim was not the offender or an accomplice of the offender.
2. (2) Claimant/victim may be denied if he or she has been engaged in an illegal activity during his or her victimization.

3. (3) Illegal activity may consist of any of the following, but is not limited to:

   1. (A) Victim was buying drugs;
   2. (B) Victim was using drugs;
   3. (C) Victim was a minor and drinking alcohol; or
   4. (D) Victim was in an illegal place of business, such as a:

(i) Crack house;

1. (ii) House of prostitution; or

   1. (iii) Gambling establishment.

2. (4) If claimant/victim contributed or was offender.

   1. (A) Compensation shall not be awarded to a claimant/victim who was the offender or an accomplice to the offender or who encouraged or in any way participated in the criminally injurious conduct.
   2. (B) Compensation may be diminished to the extent or the degree of responsibility for the cause of the injury or death attributable to the victim, as determined by the board.
3. (5) In determining the amount of an award, the board shall determine whether, because of his or her conduct, the victim of such crime or the intervenor contributed to the infliction of his or her injury or to his or her death, and the board shall reduce the amount of the award or reject the claim altogether, in accordance with such determination.
4. (6) Contribution is determined by the action portrayed by the victim at the time of or immediately preceding the crime.

5. (7) While there is no set formula for calculating the percentage of contribution to be assessed, the following factors should serve as a guideline:

   1. (A) If it appears that the victim was provoked by the defendant in a manner threatening bodily harm to the victim, and the victim acted in self-defense, no contribution should be assessed;
   2. (B) If it appears that the victim was provoked by the defendant in a manner where bodily harm to the victim appeared unlikely, and the victim used poor judgment because of intoxication or other drug involvement, a twenty-five percent (25%) contribution factor should be assessed;
   3. (C) If it appears that the defendant was provoked by the victim in a manner where bodily harm appeared unlikely, a fifty percent (50%) contribution factor should be assessed;
   4. (D) If the victim is injured as a result of his or her conduct not being that of a prudent person, a fifty percent (50%) contribution factor should be assessed;
   5. (E) If it appears that the defendant was provoked by the victim in a manner where bodily harm to the defendant appears intentional, a seventy-five percent (75%) contribution factor should be assessed;
   6. (F) If it appears that the defendant was provoked by the victim in a manner where bodily harm to the defendant is unquestionable, a one hundred percent (100%) contribution factor should be assessed and the claim denied;

   7. (G)

      1. (i) If the victim is not wearing protective equipment as prescribed by law, a twenty-five percent (25%) contribution factor shall be assessed.
      2. (ii) This includes helmets, seat belts, etc.; and

   8. (H) If the victim was involved in drugs as verified by the police report or other official documents, a one hundred percent (100%) contribution factor should be assessed and the claim denied.

      1. (i) The injury or death must not have been the result of negligent maintenance or use of a motor vehicle unless the acts are committed with the intent to inflict injury or death or unless the acts committed were in violation of:
6. (1) The Omnibus DWI or BWI Act, Arkansas Code § 5-65-101 et seq.; or
7. (2) Arkansas Code § 27-53-101, leaving the scene of an accident involving serious injury or death.

(k) Awards shall not be made to a victim who is injured or killed while confined in state, county, or municipal jail, prison, or other correctional facility as a result of conviction of any crime.

1. (l) The award would unjustly benefit the offender or accomplice except as permitted by this part.

   1. (m) In those cases where the victim has died, the claimant will be considered to have no compensable loss for the expenses incurred by the victim as a result of the criminally injurious conduct if the claimant has no legal obligation to pay for these expenses.