                                 CODE OF VIRGINIA

POWERS AND DUTIES OF COMMISSION (§ 19.2-368.3)

The Commission shall have the following powers and duties in the administration
of the provisions of this chapter:

1. To adopt, promulgate, amend and rescind suitable rules and regulations to
carry out the provisions and purposes of this chapter, to include a distinct
policy (i) for the payment of physical evidence recovery kit examinations,
including mileage at a rate provided by law incurred by a sexual assault
forensic examiner as defined in &#xA7; 19.2-11.5, and (ii) to require each
health care provider as defined in &#xA7; 8.01-581.1 that provides services
under this chapter to negotiate with the Commission or its designee to establish
prospective agreements relating to rates for payment of claims for such services
allowed under &#xA7; 19.2-368.11:1, such rates to discharge the obligation to
the provider in full except where the provider is an agency of the Commonwealth
and the claimant receives a third party recovery in addition to the payment from
the Fund.

2. Notwithstanding the provisions of &#xA7;&#xA7; 2.2-3706 and 2.2-3706.1, to
acquire from the attorneys for the Commonwealth, State Police, local police
departments, sheriffs&#8217; departments, and the Chief Medical Examiner such
investigative results, information and data as will enable the Commission to
determine if, in fact, a crime was committed or attempted, and the extent, if
any, to which the victim or claimant was responsible for his own injury. These
data shall include prior adult arrest records and juvenile court disposition
records of the offender. For such purposes and in accordance with &#xA7;
16.1-305, the Commission may also acquire from the juvenile and domestic
relations district courts a copy of the order of disposition relating to the
crime. The use of any information received by the Commission pursuant to this
subdivision shall be limited to carrying out the purposes set forth in this
section, and this information shall be confidential and shall not be
disseminated further. The agency from which the information is requested may
submit original reports, portions thereof, summaries, or such other
configurations of information as will comply with the requirements of this
section.

3. To hear and determine all claims for awards filed with the Commission
pursuant to this chapter, and to reinvestigate or reopen cases as the Commission
deems necessary.

4. To require and direct medical examination of victims.

5. To hold hearings, administer oaths or affirmations, examine any person under
oath or affirmation and to issue summonses requiring the attendance and giving
of testimony of witnesses and require the production of any books, papers,
documentary or other evidence. The powers provided in this subsection may be
delegated by the Commission to any member or employee thereof.

6. To take or cause to be taken affidavits or depositions within or without the
Commonwealth.

7. To render each year to the Governor and to the General Assembly a written
report of its activities. This report shall include a detailed section on all
unclaimed restitution collected and disbursed to the victim from the Criminal
Injuries Compensation Fund pursuant to subsection I of &#xA7; 19.2-305.1.

8. To accept from the government of the United States grants of federal moneys
for disbursement under the provisions of this chapter.

9. To collect and disburse unclaimed restitution pursuant to subsection I of
&#xA7; 19.2-305.1 and develop, in consultation with circuit court clerks and the
Office of the Executive Secretary of the Supreme Court of Virginia, policies and
procedures for the receipt, collection, and disbursement of unclaimed
restitution to victims of crime.

10. To identify and locate victims of crime for whom restitution owed to such
victims has been deposited into the Criminal Injuries Compensation Fund pursuant
to subsection I of &#xA7; 19.2-305.1. Notwithstanding the provisions of
&#xA7;&#xA7; 2.2-3706 and 2.2-3706.1, the Commission may acquire from the
attorneys for the Commonwealth, State Police, local police departments, and
sheriffs&#8217; departments such information as will enable the Commission to
identify and locate such victims. The use of any information received by the
Commission pursuant to this subdivision shall be limited to carrying out the
purposes set forth in this section, and this information shall be confidential
and shall not be disseminated further.

HISTORY: 1976, c. 605; 1984, c. 619; 1986, c. 422; 1990, c. 551; 1992, c. 547;
1998, c. 484; 1999, cc. 703, 726; 2008, cc. 203, 251; 2010, c. 780; 2018, cc.
724, 725; 2021, Sp. Sess. I, c. 483; 2025, cc. 529, 538.