Transcript Powerpoint Presentation

Crime Victims Compensation
An Overview
Objectives
• Participants will learn about:
– Program History
– Eligibility Requirements
– Compensable Expenses
– Disqualifying Factors
– Claim Filing
– Contact Information
History
• Crime Victims Compensation Fund created in 1976
• Purpose: compensate victims of violent crime and
their families for certain out-of-pocket expenses
• Since 1976, over $351 million has been paid
– 2015: 4,416 claims filed; with awards up to
$50,000
• Funding: Court costs, Federal VOCA funds, drivers
license reinstatement fees, and subrogation
• no taxpayer dollars
Eligibility Requirements
Direct Victim
Indirect Victim
Is a Person who suffers injury or
death as a result of:
•
Criminally Injurious
Conduct (CIC)
– Poses substantial threat
of personal injury or
death; &
– Punishable by fine,
imprisonment, or death.
•
Trying to prevent CIC
•
Trying to apprehend
someone committing CIC
Is a Person who:
• Has a close relationship with
the direct crime victim
• Suffers emotional harm that
prevents daily activities
• Has a direct awareness of
crime or arrives immediately
after
– Indirect victims file
separate claims
Expenses
Compensable
– Medical expenses
– Counseling
– Work loss/Lost wages
– Canes, wheelchairs, hearing
aids, glasses
– Crime scene cleanup
(including removed clothing
for medical assessment)
– Evidence replacement
– Replacement services
– Mileage
– Attorney fees to obtain a
protection order
Compensable (Homicide Claims)
– Dependents’ Economic
Loss/Dependents’
Replacement Services Loss
– Funeral and burial expenses
– Travel/lost wages for family
members to attend funeral
and/or criminal proceedings
Non-compensable
– Property loss; pain and
suffering; living expenses
Expense Maximums
Category of Economic Loss
Maximum
Citation
Family counseling expenses
* Severe injury, homicide, SA, DV
$2,500 per family
member
$7,500 per claim
R.C.
2743.51(F)(2)
Travel/lost wages to attend criminal trial if
victim is deceased
$500 per family
member
$2,000 per claim
R.C.
2743.51(F)(3)
Attorney fees to obtain protection order
$1,000 per claim
R.C.
2743.51(F)(4)
Funeral/burial expenses
$7,500 per claim
R.C. 2743.51(N)
Crime scene cleanup expenses
$750 per claim
R.C. 2743.51(T)
Evidence replacement expenses
$750 per claim
R.C. 2743.51(U)
Max award per claim $50,000
Collateral Sources
• Benefits received or readily available:
– Medical and dental insurance
– Social Security, Medicare, Medicaid
– Disability insurance benefits
– Workers’ compensation benefits
– Auto insurance (partial offset) & life insurance
(>$50,000)
– Criminal restitution or civil lawsuit (when received)
– Other state compensation programs (if applicable)
• Must first use all collateral sources
Possible Disqualifying Factors
• Prior criminal convictions for victim or claimant
– Felony, child endangering, or domestic violence
– Within 10 years prior to CIC or during pendency of
claim
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Prior violent felonious conduct or drug trafficking
Failure to report crime
Possession of felony drug
Offender or accomplice of offender
Contributory misconduct
Failure to cooperate
Filing a Claim
• Where to apply:
– Apply with the Ohio Attorney General’s Office
• When to apply:
– Adult victims can file anytime after incident
– Minor victims must file by their 20th birthday or
two years after indictment, information or
complaint
– A supplemental claim can be filed within five
years of the of the last decision in the claim
Filing a Claim Cont’d
• How to apply:
– Get PDF online at www.ohioattorneygeneral.gov
– Call our office for applications
– It is free to apply
• Helping others apply:
– Legal assistance with application
• Program will pay for attorney to represent victim
• That payment will not reduce the underlying award
– Victim advocate can assist
– Help is not required; an individual may apply on their
own
Processing a Claim
• Attorney General investigators and attorneys gather
and review information regarding economic loss,
underlying crime, applicant’s criminal history, and
other factors
• Attorney issues Finding of Fact and Decision in 120
days (unless claim is extended)
– Claimant may request an emergency award (faster
decision) if:
• Undue hardship if immediate relief not granted
• Likely all requirements for final award will be met
• Limited to $2,000.00
Processing a Claim (Cont.)
• Claimant may accept the decision of the Attorney
General
– Medical, funeral and other providers are paid
directly
• RTCA: Provider wants pre-paid & victim can’t pay
• Claimant may request reconsideration of the decision
– Assistant Attorney General issues Final Decision in
60 days (unless extended)
– Final Decision may be appealed
Special Notes
about the
Application:
If victim is a minor, must have an adult claimant.
Must be signed and
dated
Must be signed and dated
Must be signed and dated
Request for Crime Victims Materials
www.ohioattorneygeneral.gov/victims
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Crime Victims Applications
Victims’ Rights Booklet
Crime Can be Costly Literature Piece
VINE Information
Request for Training
www.ohioattorneygeneral.gov/cvtraining
Questions?
Please contact:
Mark Zemba
Senior Assistant Attorney General
615 W. Superior Avenue 11th Floor
Cleveland , OH 44113
Mark. [email protected]
216-787-4560
FAX: 866-451-1250
Ohio Attorney General’s Office
30 E Broad Street 23th Floor
Columbus, OH 43215
1-800-582-2877
(614) 466-5610
www.ohioattorneygeneral.gov