Presentation on theme: "Training Objectives To increase awareness of CICF as a resource for victims of crime To assist allied professionals in understanding how the Fund works."— Presentation transcript:
2 Training ObjectivesTo increase awareness of CICF as a resource for victims of crimeTo assist allied professionals in understanding how the Fund works and how our offices can work collaboratively to assist victimsTo increase the number of eligible victims receiving assistance from to the FundIntroduce self and staff.
3 Virginia Legislative Intent for Compensation for Victims of Crime § Findings; legislative intent.The General Assembly finds that many innocent persons suffer personal physical injury or death as a result of criminal acts or in their efforts to prevent crime or apprehend persons committing or attempting to commit crimes. Such persons or their dependents may thereby suffer disability, incur financial hardships or become dependent upon public assistance. The General Assembly finds and determines that there is a need for governmental financial assistance for such victims of crime. Therefore, it is the intent of the General Assembly that aid, care and support be provided by the Commonwealth as a matter of moral responsibility for such victims of crime.
4 What is the Criminal Injuries Compensation Fund? (CICF) All 50 states, D.C. and several countries have crime victim compensation programs Established in 1977 by the Virginia General Assembly Administered by the Virginia Workers’ Compensation Commission, an independent judicial state agency Payer of last resort-similar to VWC b/c we make claims and pay out awards.
5 19.2-368.4. Persons eligible for awards. The following persons shall be eligible for awards pursuant to this chapter unless the award would directly and unjustly benefit the person who is criminally responsible:1. A victim of a crime or the parent or guardian of a minor who is the victim of a crime.2. A surviving spouse, parent, grandparent, sibling or child, including posthumous children, of a victim of a crime who died as a direct result of such crime.3. Any person, except a law-enforcement officer engaged in the performance of his duties, who is injured or killed while trying to prevent a crime or an attempted crime from occurring in his presence, or trying to apprehend a person who had committed a crime in his presence or had, in fact, committed a felony.4. A surviving spouse, parent, grandparent, sibling or child, including posthumous children, of any person who dies as a direct result of trying to prevent a crime or attempted crime from occurring in his presence, or trying to apprehend a person who had committed a crime in his presence or had, in fact, committed a felony.5. Any other person legally dependent for his principal support upon a victim of crime who dies as a result of such crime, or legally dependent for his principal support upon any person who dies as a direct result of trying to prevent a crime or an attempted crime from occurring in his presence or trying to apprehend a person who had committed a crime in his presence or had, in fact, committed a felony.B. A person who is criminally responsible for the crime upon which a claim is based, or an accomplice or accessory of such person, shall not be eligible to receive an award with respect to such claim.C. A resident of Virginia who is the victim of a crime occurring outside Virginia and any other person as defined in subsection A who is injured as a result of a crime occurring outside Virginia shall be eligible for an award pursuant to this chapter if (i) the person would be eligible for benefits had the crime occurred in Virginia and (ii) the state, country or territory in which the crime occurred does not have a crime victims' compensation program deemed eligible pursuant to the provisions of the federal Victims of Crime Act and does not compensate nonresidents.
6 Filing and Eligibility MUST BE AN INNOCENT VICTIM 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 injury as the result of a crime or an emotional injury as the result of a VIOLENT FELONY. Automobile-related crimes are not eligible with the exception of DUI-related cases or intentional use of a vehicle as a weapon Eligible victim/claimant: Direct victim (18 or older), parent/guardian of a minor victim, legal guardian of incapacitated victim, surviving family members or person who has paid for funeral/burial Crime must be reported within 120 hours to police (unless good cause) Claim must be filed with CICF within a year of the crime (unless good cause) VICTIM MUST BE COOPERATIVE WITH ALL INVESTIGATION and PROSECUTION EFFORTSWe will not make an award if someone is injured during a drug deal gone bad or if someone is hurt in a bar fight where the person who applied with us was responsible for the fight.-we usually find this information out from the police report and from a letter we receive from the CA-if there is no prosecution in a case because the victim does not show up to court we cannot collect on this case-If someone is not CONVICTED of a crime, we will still make an award, but victim has to be active during the whole process.
7 To Pay or NOT to Pay…Intoxicated victim is asked to leave the bar where he has been drinking. His friend is escorting him back to the car so they can leave. Two other patrons of the bar start mocking the victim. Words are exchanged. The two patrons approach the victim and a fight ensues.Does CICF deny the claim for contribution, pay the claim, or grant a reduced award?
8 MORE FUND FACTS Takes in between 1700 and 2000 claims per year Pays out an average of $3 million annually4 Claims examiners for Commonwealth
9 Benefits Available Medical Expenses Up to $25,000 available for crimes occurring 7/01/07 or after Up to $15,000 for crimes occurring prior Medical Expenses Dental Expenses Mental Health Expenses Funeral Expenses(up to $5000) Crime Scene Clean-up Counseling for homicide survivors(up to $2500) Mileage Reimbursement Wage Loss Reasonable & NecessaryCICF negotiates rates.-Reasonable and Necessary: We try to be really creative with what we can pay. If there is a loss due to a crime it has to fit into one of these categories in order for us to pay it, and there are a lot of things we will fit into the reasonable and necessary category.
10 Additional Available Benefits Domestic Violence Loss of Support2/3 of the offender’s weekly wage (up to a max of $600/week) for up to 3 monthsAlso applies to victims of child sexual assaultOffender must have a legal obligation to provide support (couple is married or have a child in common)Victim must have protective order in placeVictim must be able to provide proof of the offender’s incomeAdditional BenefitsMoving Expenses (up to $1000)Temporary Lodging (up to 21 days, reimbursement-based)Why is wages loss important to victims? Who should NOT apply for this.
11 Collateral Resources RESTITUTION Health Insurance Social SecurityLife InsuranceMedicare/Medicaid State and Local Hospitalization (SLH)Short Term DisabilityAutomobile InsuranceCivil LitigationRESTITUTION
12 To Pay or Not to Pay…A woman was bound and gagged in the trunk of her boyfriend’s car. He pulls up to an ATM and she frees herself from the trunk and runs into the first place she can…an American Family Fitness Center. She runs in and the Manager hides her behind the desk. The boyfriend walks in with a gun and threatens to kill anyone if they leave. He then turns the gun on himself and kills himself.The women in the fitness center all want counseling…are they eligible?
13 Negotiated Rates for Medical Services When CICF reviews a claim, before payment is rendered CICF will negotiate the provider to accept a reduced rate as payment in full without balance billing the victim(Typically 80%)
14 CICF Does Not Cover... Property loss Attorney fees Pain and suffering InterestMissed appointmentsHit & run and other auto-related crimes (with the exception of DUI or vehicle as weapon)
15 How Does a Victim Apply to CICF? Police/SheriffVictim WitnessOn-line application (www.cicf.state.va.us)Commonwealth’s Attorney’s OfficeProbation/Community CorrectionsDomestic Violence ShelterMedical Providers
16 19.2-368.17- Law Enforcement’s Statutory Obligation § Public information program.The Commission shall establish and conduct a public information program to assure extensive and continuing publicity and public awareness of the provisions of this chapter. The public information program shall include brochures, posters and public service advertisements for television, radio and print media for dissemination to the public of information regarding the right to compensation for innocent victims of crime, including information on the right to file a claim, the scope of coverage, and the procedures to be utilized incident thereto.Whenever a crime which directly resulted in personal physical injury to, or death of, an individual is reported within the time required by § , the law-enforcement agency to which the report is made shall make reasonable efforts, where practicable, to notify the victim or other potential claimant in writing on forms prepared by the Commission of his or her possible right to file a claim under this chapter. In any event, no liability or cause of action shall arise from the failure to so notify a victim of crime or other potential claimant.
17 How is a decision made on what benefits a victim shall receive Victim completes the application and submits to CICFThorough investigation by claims examiners to determine that all $ requests are related directly to the crimeThorough investigation by examiners to determine if any collateral resources exist like insurance, social security benefits, Medicaid, etc.A claim gets processed more quickly when all agencies are able to work together.-we have three claims examiners for the entire state and the best way to make sure an application or any paper work is filed quickly is to make sure it is completely filled out with all of the requested information. Everything we are asking for has a purpose and it is important!!
18 § 19.2-368.3-2. Powers and duties of Commission 2. Notwithstanding the provisions of § , to acquire from the attorneys for the Commonwealth, State Police, local police departments, sheriffs' 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 § , 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.
19 NO COLLECTIONS!!!§ :2 of the VA Code prohibits healthcare providers from pursuing debt collection activities against CICF claimants until an award decision has been made:For the purpose of this section, "debt collection activities" means repeatedly calling or writing to the claimant and threatening either to turn the matter over to a debt collection agency or to an attorney for collection, enforcement or filing of other process. The term shall not include routine billing or inquiries about the status of the claim.
20 To Pay or Not to Pay…A Virginia couple is hit by an intoxicated driver while driving through D.C. –the wife sustained no injuries, but the husband sustained moderate injuries. The offender does not have car insurance.The offender pled guilty to reckless driving. The judge ordered the offender to pay the husband’s medical bills.Should the husband apply to CICF? Should the wife apply to CICF?
21 COURT ORDERED RESITUTION HOW CICF IS FUNDED?NO TAX DOLLARSCOURT FEESCOURT ORDERED RESITUTIONVOCA GRANTCREATIVE FUND RAISING-about 80% of money coming into this office is from court fees and fines-VOCA grant is second largest, federal grant that comes from restitution from Federal cases-creative fund raising- statue allows us to collect on a claim even if restitution is not ordered, but we have very little teeth or power without court ordered restitution
22 Requesting Restitution on CICF’s behalf § (D) of VA Code states:Upon awarding a claim pursuant to this chapter, the Commission shall promptly notify the attorney for the Commonwealth of the jurisdiction wherein the crime is alleged to have occurred.If a criminal prosecution occurs regarding the same alleged crime, the attorney for the Commonwealth shall request the court to order restitution.
23 Important Points about Restitution The Fund will seek restitution from an offender who is convicted of a crime upon which a CICF claim is based (even if it is not court-ordered)CICF intercepts lottery winnings and state tax refunds and issues monthly bills to offendersVictims should be made aware that theFund will actively pursue collectionefforts against convicted offenders.Victims must then make their owndecisions with regard to their personalsafety.-if restitution is ordered to a victim or on behalf of a victim and we make an award, this statue allows that restitution come to us. A lot of people do not feel comfortable with this because they feel uncomfortable going against the court order, however, effectively at this point we are the victim.-CA’s are definitely getting better about requesting that restitution be ordered but work is still needed
24 To Pay or Not to Pay…An innocent victim of a malicious wounding has $30,000 in medical bills and $5,000 in property damage, as well as $2,000 in lost wages.CICF pays out the max of $25,000.Restitution is ordered to the victim in the amount of $37,The defendant begins making payments.You are monitoring the restitution payments. What do you do with the money?
25 Unclaimed Restitution § (F) 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.”-When unclaimed restitution is sent to us we keep records of everything and a victim can come back at any point and request this restitution through the clerk’s office and if can be distributed to them.If we receive a check with no victim’s name it is impossible for us to save the money for a victim.We have forms to use when submitting unclaimed restitution and this is to ensure the money is properly recorded in case a victim does come back for the money 20 years down the road.
26 THE ROLE OF LAW ENFORCEMENT To inform potentially eligible victims about the Fund perTo respond to CICF requests for police reports and investigative information in a timely manner per (2)To complete the “Brown Form”, particularly sections regarding the victim’s potential responsibility for injuries incurred and cooperation with law enforcementCICF is an administrative process, your opinion along with hearsay evidence are allowable! Your opinion is important to us!There are two simple things that the code says you have to do. One is inform potential victims of CICF. Which is why we give out the tear-offs….The next thing that we require is that you send us the investigation info. in a timely manner. This includes the investigative reports and the completed brown form. (this is when you pass out two “dummy” forms. We want your opinion on these forms b/c it will aid us in making a decision. These forms will never make it into the criminal trial. The code states that we “shall not disseminate further.” in accordance w/In cases of child sexual assault or abuse, we will accept CPS reports.
27 TIPSPlease call us if you have a difficult case and are unsure of eligibility or benefits availablePlease call ASAP if a victim or claimant is not returning your calls, being evasive, etc.Please call if victims refuse to appear in courtThe Fund can do pre-authorizations for things like emergency medical procedures, etc. In order to do so, a police report is mandatoryPer Commission ruling, the Fund cannot make a determination on any claim without a Police ReportPlease call if you need tear-off sheets, brochures, additional training, etc.
28 Victims who wish to appeal a CICF decision If a claim is denied, the claimant has the right to appeal within 45 days of the date of the denial letter.Upon receipt of an appeal, the Director will reinvestigate the claim.If the Fund cannot reverse its original determination, the case will go to a hearing. (The lead investigator will be subpoenaed to testify at this hearing.)Hearings are held in or near the locality where the crime occurred.The Commission will then determine the compensability of the claim.
29 Contacting the Ombudsman or callPotential situations for the ombudsmanCollections issuesTo request subpoenas (non-responsive medical providers/employers/law enforcement)Explanation of the appeals process after claim has been denied
30 Contacting UsFor status checks on a claim please contact us by at:For other questions or inquiries, please call: