VIOLENT CRIMES COMPENSATION BOARD

Statutory Authority: 11 Delaware Code, Section 9004(4) (11 Del.C. 9004(4))

FINAL

BEFORE THE DELAWARE VIOLENT CRIMES COMPENSATION BOARD IN RE:

PROPOSAL TO REMOVE RULE XXVI

Rules XXVI, XXVIII, XXIX, XXX

Summary of Evidence and Information Submitted

Findings of Fact

Conclusion

Del. c. Section 9004(4).

11. This amended rule replaces in its entirety any former rule or regulation heretofore promulgated by the Board.

Thomas W. Castaldi, Chairman

Saxton C. Lambertson, V. Chairman

Leah W. Betts, Board Member

V. Lynn Gregory, Board Member

Stephen L. Manista, Board Member

APPROVED AS TO FORM:

Rosemary Killian

Deputy Attorney General

REMOVE THE FOLLOWING RULE FROM THE VCCB RULES & REGULATIONS.

RULE XXVI - MENTAL SUFFERING AWARD

JUSTIFICATION: THIS RULE IS OFFICIALLY REMOVED FROM THE VCCB RULES & REGULATIONS, AS MENTAL SUFFERING AWARDS ARE PROHIBITED BY STATUTE EFFECTIVE 02/11/92.

BEFORE THE DELAWARE VIOLENT CRIMES COMPENSATION BOARD IN RE:

PROPOSAL TO REMOVE RULE XXVIII

Summary of Evidence and Information Submitted

Findings of Fact

Conclusion

11 Del. C. Section 9004(4).

11. This amended Rule replaces in its entirety any former rule or regulation heretofore promulgated by the Board.

Thomas W. Castaldi, Chairman

Saxton C. Lambertson, V. Chairman

Leah W. Betts, Board Member

V. Lynn Gregory, Board Member

Stephen L. Manista, Board Member

APPROVED AS TO FORM:

Rosemary Killian

Deputy Attorney General

REMOVE THE FOLLOWING RULE FROM THE VCCB RULES & REGULATIONS.

RULE XXVIII - MENTAL HEALTH COUNSELING AWARD

JUSTIFICATION: THIS RULE IS OFFICIALLY REMOVED FROM THE VCCB RULES & REGULATIONS, AS THE VCCB COMMISSIONERS MOVED TO MODIFY MENTAL HEALTH COUNSELING PROCEDURES ON 08/01/96.

BEFORE THE DELAWARE VIOLENT CRIMES COMPENSATION BOARD IN RE:

PROPOSED AMENDMENT OF RULE XXIX

Summary of Evidence and Information Submitted

Findings of Fact

Conclusion

10. The Board therefore adopts this amendment of Rule XXIX pursuant to 11 Del. c. Section 9004 (4) and the guidelines of 29 Del. c. Section 10118 of the Administrative Procedures Act. See, Strauss v. Silverman, Del. Supr., 399 A.2d 192 (1979).

Thomas W. Castaldi, Chairman

Saxton C. Lambertson, V. Chairman

Leah W. Betts, Board Member

V. Lynn Gregory, Board Member

Stephen L. Manista, Board Member

APPROVED AS TO FORM:

Rosemary Killian

Deputy Attorney General

AMEND THE FOLLOWING RULE IN THE VCCB RULES & REGULATIONS.

BEFORE THE DELAWARE VIOLENT CRIMES COMPENSATION BOARD IN RE:

PROPOSED ADDITION OF NEW RULE XXX

Summary of Evidence and Information Submitted

Findings of Fact

Conclusion

11. This new Rule replaces in its entirety any former rule or regulation heretofore promulgated by the Board.

Thomas W. Castaldi, Chairman

Saxton C. Lambertson, V. Chairman

Leah W. Betts, Board Member

V. Lynn Gregory, Board Member

Stephen L. Manista, Board Member

APPROVED AS TO FORM:

Rosemary Killian

Deputy Attorney General

ADD THE FOLLOWING RULE IN THE VCCB RULES & REGULATIONS.

VCCB Rule XXX. Child Victim Counseling & Assessment Program (CCAP) Provisions

JUSTIFICATION: THIS NEW RULE FULFILLS THE REQUIREMENTS OF SENATE BILL 417, SIGNED BY GOVERNOR THOMAS R. CARPER ON JULY 17, 1998. THE LAW REQUIRES THE VCCB TO DETERMINE A MAXIMUM AMOUNT TO BE PAID FOR PSYCHOLOGICAL ASSESSMENTS AND/OR SHORT-TERM COUNSELING (11 Del. C. 90, section 9020(c). " ... the Board shall only provide compensation sufficient to total the maximum amount provided for in the Board's rules and regulations."

2 DE Reg. 1670 (03/01/99) (Final)