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Crime Victims Compensation

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

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Crime Victims Compensation

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  1. Crime Victims Compensation An Overview

  2. Objectives Participants will learn about: Program History Eligibility Requirements Compensable Expenses Disqualifying Factors Claim Filing Contact Information

  3. 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

  4. Eligibility Requirements Direct Victim Indirect Victim 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 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

  5. 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

  6. Expense Maximums

  7. 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

  8. 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 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

  9. 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

  10. 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

  11. 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

  12. 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

  13. Special Notes about the Application: If victim is a minor, must have an adult claimant.

  14. Must be signed and dated

  15. Must be signed and dated

  16. Must be signed and dated

  17. Request for Crime Victims Materialswww.ohioattorneygeneral.gov/victims Crime Victims Applications Victims’ Rights Booklet Crime Can be Costly Literature Piece VINE Information Request for Training www.ohioattorneygeneral.gov/cvtraining

  18. Questions? Please contact: Mark Zemba Senior Assistant Attorney General 615 W. Superior Avenue 11th Floor Cleveland , OH 44113 Mark. Zemba@ohioattorneygeneral.gov 216-787-4560 FAX: 866-451-1250

  19. Ohio Attorney General’s Office 30 E Broad Street 23thFloor Columbus, OH 43215 1-800-582-2877 (614) 466-5610 www.ohioattorneygeneral.gov

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