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1 Helping crime victims recover from crime related costs.

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Presentation on theme: "1 Helping crime victims recover from crime related costs."— Presentation transcript:

1 1 Helping crime victims recover from crime related costs.

2 2 TRAINING OBJECTIVE To increase communication within our officesTo increase communication within our offices To increase the number of residents applying to the FundTo increase the number of residents applying to the Fund To increase the amount of restitution collectedTo increase the amount of restitution collected

3 3 Who is the Criminal Injuries Compensation Fund? (CICF) Established in 1977 by the Virginia General Assembly Established in 1977 by the Virginia General Assembly Administered by the Virginia Workers Compensation Commission Administered by the Virginia Workers Compensation Commission Payer of last resort Payer of last resort

4 4 Awards Filing a Claim and Eligibility MUST BE AN INNOCENT VICTIM MUST BE AN INNOCENT VICTIM CRIME MUST OCCUR IN VIRGINIA (unless a Virginia Resident is in a country/territory without a Crime Victim Fund) CRIME MUST OCCUR IN VIRGINIA (unless a Virginia Resident is in a country/territory without a Crime Victim Fund) The person must have suffered a physical or emotional injury The person must have suffered a physical or emotional injury Eligible victim/claimant: Direct victim (18 or older), parent/guardian of a minor victim, legal guardian of incapacitated victim, and surviving family members or other person who has paid for the funeral or burial of deceased victim. Eligible victim/claimant: Direct victim (18 or older), parent/guardian of a minor victim, legal guardian of incapacitated victim, and surviving family members or other person who has paid for the funeral or burial of deceased victim. Crime must be reported within 120 hours to police Crime must be reported within 120 hours to police VICTIM MUST BE COOPERATIVE WITH ALL PROSECUTION EFFORTS VICTIM MUST BE COOPERATIVE WITH ALL PROSECUTION EFFORTS

5 5 Benefits Available Up to 25, Pre-Authorizations are available Medical Expenses Medical Expenses Dental Expenses Dental Expenses Mental Health Expenses Mental Health Expenses Funeral Expenses Funeral Expenses Moving Expenses Moving Expenses Crime Scene Clean up Mileage Reimbursement Wage Loss Reasonable & Necessary

6 6 CICF Does Not Cover PROPERTY LOSSPROPERTY LOSS Attorney feesAttorney fees Pain and SufferingPain and Suffering InterestInterest Missed AppointmentsMissed Appointments Hit and RunHit and Run

7 7 How does a victim apply to CICF? Police/SheriffPolice/Sheriff Victim WitnessVictim Witness On-line applicationOn-line application Commonwealths Attorneys OfficeCommonwealths Attorneys Office Probation/Community CorrectionsProbation/Community Corrections CICF directlyCICF directly

8 8 How is a decision made on what benefits a victim shall receive Victim completes the application and submits to CICF Victim completes the application and submits to CICF Thorough investigation by claims examiners to determine that all $ requests are related directly to the crime Thorough investigation by claims examiners to determine that all $ requests are related directly to the crime Thorough investigation by examiners to determine if any collateral resources exist Thorough investigation by examiners to determine if any collateral resources exist A claim gets processed quicker when all agencies are able to work together. A claim gets processed quicker when all agencies are able to work together.

9 9 Collateral Resources Health Insurance Health Insurance Social Security Social Security Life Insurance Life Insurance Medicare/ Medicare/ Medicaid Medicaid State and Local Hospitalization (SLH) State and Local Hospitalization (SLH) Short Term Disability Automobile Insurance Civil Litigation RESTITUTION

10 10 APPROX. 2,000 CLAIMS CLAIMS PER YEAR PER YEAR$3,000, IN AWARDS COURT RESTITUTION and Unclaimed = $ 634, RESTITUTION and Unclaimed = $ 634,063.56

11 11 HOW DO WE DO IT?? NO TAX DOLLARS NO TAX DOLLARS COURT FEES COURT FEES COURT ORDERED RESITUTION COURT ORDERED RESITUTION VOCA GRANT VOCA GRANT CREATIVE FUND RAISING CREATIVE FUND RAISING

12 12 FUND DEVELOPMENT FUND DEVELOPMENT RECOVERY AND RESTITUTION IS STATUTORILY MANDATED § (D) OF THE CODE OF VIRGINIA, STATES IN PART: …If a criminal prosecution occurs regarding the same alleged crime, the attorney for the Commonwealth shall request the court to order restitution. Any such restitution shall be paid over to the Comptroller for deposit into the Criminal Injuries Compensation Fund to the extent of the amount of the award paid from the Fund… § OF THE CODE OF VIRGINIA, STATES IN PART: …shall subrogate the Commonwealth, to the extent of such award, to any right or right of action accruing to the claimant or the victim to recover payments on account of losses resulting from the crime with respect to which the award is made…

13 13 PRE-SENTENCE REPORTS or Those To be Determined orders Talk to CA about the difficulty in following an order with no information Talk to CA about the difficulty in following an order with no information Provide Court and CAs with a completed checklist Provide Court and CAs with a completed checklist Talk to Victim Witness Office to assist in providing this information Talk to Victim Witness Office to assist in providing this information Contact CICF to assist in determining restitution amounts Contact CICF to assist in determining restitution amounts

14 14 Unjustly Enriching the Offender REMEMBER!! If CICF makes an award and restitution is ordered for the balance or difference of any amounts not paid by CICF, THEN the offender has a decreased indebtedness at CICFs expense!! : a victim is eligible unless the award would directly and unjustly benefit the person who is criminally responsible…

15 15 Unclaimed Restitution § (E) of the Code of Virginia States, in part: If restitution is ordered to be paid by the defendant to the victim of a crime and the victim can no longer be located or identified, the clerk shall deposit any such restitution collected to the Criminal Injuries Compensation Fund for the benefit of crime victims…before making the deposit he shall record the name, last known address, and amount of restitution due each victim.

16 16 Payment Options Checks or money orders, which should be sent in with payment forms. Master Card, Visa Card and Debit card payments over the internet or via phone. All payments submitted MUST have Offender, Victim and Court information

17 17 HOW TO CONTACT US For restitution or payment information: For general claim information: For Forms, applications or other information:


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