New Mexico Crime Victims Reparation Commission

1. New Mexico Crime Victims Reparation Commission www.cvrc.state.nm.us

2. Agency Mission Statement CVRC is dedicated to providing a variety of services to victims of crime. CVRC was formed in 1981 under the Crime Victims Reparation Act. Our primary mission is to provide financial assistance to victims of violent crime in regard to expenses incurred as a result of being victimized.

3. Purpose of Agency • Administer Crime Victims Compensation • Administer the Victims of Crime Act (VOCA) Compensation and Victim Assistance Funding • Administer the Violence Against Women Act (VAWA)

4. Agency funding • The legislature appropriates money from the general fund – state funding • We receive 15% of all inmate wages in NM correctional facilities • We receive $.60 from federal VOCA Compensation for every $1.00 we spend in state appropriated funding

5. Agency funding • Court ordered restitution • Reimbursement from third party civil suits • Jacqueline Chavez Sanchez, Restitution Officer is trying to increase our restitution efforts. If you have any questions regarding restitution, please contact her at 505-841-9432.

6. CVRC Commission Meetings • The Commission meets on the fourth Thursday of each month. • The Commission makes final decisions on all applications submitted. • The Director approves or denies 90% of applications that have no contributory behavior or other questionable issues.

7. Processing time We are continuing to process applications in the order they are received. For calendar year 2013 to today’s date it is taking us about 102 days from the date we receive the application to the date a decision is made. We have to wait for information from agencies before we can complete our work.

8. 15 Crimes Enumerated • Arson Resulting in Bodily Injury • Aggravated Arson • Aggravated Assault or Aggravated Battery • Dangerous Use of Explosives • Negligent Use of a Deadly Weapon • Murder • Voluntary Manslaughter • voluntary Manslaughter

9. 15 Crimes Enumerated • Kidnapping • Criminal Sexual Penetration • Criminal Sexual contact of a Minor • Homicide by Vehicle or Great Bodily Injury by Vehicle • Abandonment or abuse of a child • Aggravated indecent exposure • Aggravated stalking

10. Eligibility For Compensation • In order for a victim to be eligible for compensation, a police report must be filed within30 daysof the date of incident. • On domestic violence and sexual assault cases, the victim has 180 daysto report the incident to the police.

11. Eligibility for Compensation • A compensation application must be filed with CVRC within two years of the date of incident • For children who are victims of Criminal Sexual Penetration, Criminal Sexual Contact of a Minor, or Abuse or Abandonment of a Child, they have two years from the date the incident is reported to police or their 18th birthday, whichever occurs first.

12. Maximums of Reparation Payments • The maximum amount of compensation that can be paid is $20,000.00 • The maximum amount for funeral expenses is $6,000.00 • The maximum amount for replacement of eyeglasses or contact lenses is $350.00

13. Maximums of Reparation Payments • The maximum amount of counseling sessions that can be approved for payment is30 sessions per application, unless prior approval of the Commission Commission has been granted for additional treatment. (Evaluation and counseling shall be performed by a provider licensed in accordance with the New Mexico Counseling and Therapy Practice Act. Those providers awaiting licensure approval must be under the direct supervision of a licensed professional) • The maximum amount that can be approved for Medicine Man Care is $3,000.00

14. Eligibility for Reparation The Commission may award reparations: • To the victim • In the case of the victim’s death, to or for the benefit of any one or more of the deceased victim’s dependents; or • To any individual who voluntarily assumes funeral or medical expenses of the victim.

15. Criteria for Reparation • Crime(s) enumerated. • The crime must be reported to police authorities within 30 days of the date of crime. (There are exceptions.) • The victim must cooperate with law enforcement and assist in the prosecution of the offender.

16. Criteria for Reparation • The victim has 2 years from the date of incident to make application. (Exception for minors who are the victims of abandonment or abuse of a child, criminal sexual penetration or criminal sexual contact of a minor. The date of incident for these victims shall be the date the victim attains the age of 18 or the date the criminal activity is reported to law enforcement, whichever occurs first.)

17. Extraordinary Losses The Commission may award up to an additional $30,000.00 for extraordinary pecuniary losses if the personal injury to a victim is catastrophic and results in a permanent total disability.

18. Definition of Permanent Total Disability Permanent total disability means loss of both legs, or arms, or one leg and one arm, total loss of eyesight, paralysis or other physical condition permanently incapacitating the worker from performing any work at any gainful occupation

19. The extraordinary losses that may be included are: • Loss of wages • The cost of home health care • The cost of making a home or automobile accessible • The cost of training in the use of of special application or

20. Collateral SourcesALL collateral sources must be exhausted before any payment may be made by the commission; payer of last resort • The offender • Social Security, Medicare and Medicaid; • Worker’s Compensation; • Proceeds of a contract of insurance payable to the victim;

21. Collateral Sources • A contract providing prepaid hospital and other health care services or benefits for disability, except for the benefits of any life insurance policy; • Applicable indigent funds; or • Cash donations

22. Eligible Expenses • Medical • Counseling • Funeral • Loss of wages • Pecuniary Expense

23. Ineligible Expenses • Property loss or damage to property • Legal Fees • Pain and Suffering

24. Loss of Wages Loss of wages can be awarded to • the victim, • parent of a minor, or • relatives of deceased victims for the first 14 days following the crime without a doctor’s note. After that date a doctors note will be required.

25. Loss of Wages • If an individual assumes the duties of providing home health care to a victim, and it is required by a physician’s order, loss of wages may be considered for that individual. • Loss of wages may also be considered for the parent or guardian of a minor if the Commission determines that it is in the best interest of the victim.

26. Pecuniary Expenses • Gas expenses (@ .20 per mile) to transport victim to medical providers and meetings with law enforcement if over 30 miles from victim’s residence • If victim is transported to medical facility and it is more than 50 miles, relatives may be eligible for compensation for lodging, meal expenses, and gas expenses.

27. Section 31-22-7 C. NMSA 1978 In determining whether to make an order under this section, the commission may consider circumstances it determines to be relevant. The Commission shall consider the behavior of the victim and whether, because of provocation or otherwise, the victim bears responsibility attributable to the victim.

28. Reasons for Reductions and Denials • Knowing or willing involvement in the commission of a crime • Behavior constituting provocation or incitement • Illegal drug use • Gang-related crime or activity

29. Reasons for Reductions and Denials • Knowingly or willingly riding in a vehicle operated by a person who is under the influence of alcohol or a controlled substance • Operating a vehicle while legally intoxicated • Failure to wear a seat belt • Victim/claimant knowingly falsifying application

30. Reasons for Reductions and Denials • No automobile insurance as required by statute • Intoxication where the judgment of a person would be impaired • Knowingly engaging in a physical altercation

31. Other Issues Commission Considers: • Would payment to the victim unjustly enrich the offender? • Are the expenses reasonable? • Is the Victim/Claimant cooperating with our agency?

32. Scenario of Submitted Application A 32 year old female is incarcerated in a correctional facility when she is beaten by a guard. She submits an application. What expenses can we cover?

33. Scenario of Submitted Application An application is submitted for a 28 year old male who was riding his motorcycle and was stopped at a four way stop. A vehicle that was also stopped, entered the intersection and struck the motorcycle causing the 28 year old male to suffer a permanent brain injury. The driver of the vehicle was not charged with a crime. Can this application be approved?

34. Scenario of application submitted • A 44 year old female goes to a bar in Tucumcari and the next thing she remembers is waking up in a motel room unclothed and she thinks she may have been raped. She has vague memories of traveling in a vehicle to the motel with a male. • She submits an application. Did a crime occur? What expenses would you pay?

35. Scenario of Submitted Application An 18 year old male goes to a party and consumes alcohol and marijuana. He initiates an argument with another male and agrees to go outside and fight. He is then shot and is transported to a hospital for treatment. He is unable to work for five months. What expenses would you pay?

36. Scenario of Submitted Application A five year old girl is sexually assaulted by her babysitter’s 18 year old son. Mom takes time off of work to care for her daughter and take her to counseling. She lives in a small town and has to travel 55 miles one way for the counseling appointments. What type of expenses can be covered?

37. Questions • An arrest of a suspect is required for a victim to be eligible for compensation. T or F • A victim of residential burglary can apply for compensation due to the loss of their property. T or F • A 38 year old male was stabbed and reported it to police 45 days later. He should submit an application. T or F

38. Questions • A resident of New Mexico goes to El Paso and is victimized. The application should be submitted in New Mexico. T or F • The maximum amount that can be paid on an application is $20,000.00. T or F • The application and the contents of the CVRC file will not be released to anyone. T or F

39. Questions • A victim from NM is on vacation in the Virgin Islands where he is shot and robbed. He should submit an application to the comp program in the Virgin Islands. T or F • A victim from Silver City is sexually assaulted in Juarez. An comp application should be submitted in NM. T or F

40. Questions • A 41 year old male commits suicide in his home while no one is present. His wife and children are in counseling. An application should be submitted. T or F • A 22 year old female is at a bar drinking with an acquaintance. She accepts a ride from him because she didn't’t want to drive after consuming alcohol. The male takes her to a remote area and sexually assaults her. The application will be denied because she was consuming alcohol and accepted a ride from the suspect. T or F

41. Questions • A 6 year old girl is sexually assaulted and is going to counseling. Her mom is also receiving counseling. Two applications should be submitted. T or F • A 40 year old female reports to police that she was sexually assaulted when she was 10-17 years of age. She will be eligible for compensation. T or F

42. Questions • A 30 year old female is shot and killed three years ago and her father wants to apply for compensation. He is eligible. T or F • A family must travel to NM from Iowa after their son is murdered. They incur expenses which include; car rental, airfare, hotel, loss of wages and the funeral expense of $7,000.00. The only amount that can be considered is the $6,000.00 for funeral expenses. T or F

43. Questions • Loss of wages can be considered for victims when they have to meet with law enforcement, DA’s offices, or medical providers. T or F • Applications should only be submitted for the 15 enumerated crimes. T or F • CVRC has a provider list and victims may only see those approved providers. T or F

44. Questions • A victim was sexually assaulted in 1998 and her application was approved and payments were made. She now wants to go for additional counseling as a result of the incident. She is out of time. T or F

45. Questions • A 48 year old female is in NM visiting family when she is shot. She receives initial treatment in NM and then returns to Idaho where she resides. She needs to have additional treatment in Idaho. We cannot pay these expenses because they are not incurred in NM. T or F

46. Questions • A 22 year old female is shot while sitting on a park bench in Santa Fe. She is transported by ambulance to the hospital and expires three days later. She is not married and has no children. An application is submitted for funeral and medical expenses. We can only consider funeral expenses. T or F

47. Questions • A 32 year old female is beaten by her husband and is hospitalized for three days. She is unable to work for six days and incurs numerous medical bills. All of her expenses will be paid. T or F

48. Questions • If a victim is eligible for indigent funds and/or has insurance, their expenses must be submitted to them for payment before CVRC can pay. T or F • Up to $3,000.00 can be paid for expenses incurred with a Native American Healing individual. T or F

49. Question • If you ever have questions about a potentially eligible victim or expenses, don’t call us! T or F

50. 19th Annual Advocacy in Action Conference in Albuquerque April 30 – May 2, 2014 Pre-Conference April 29, 2014 Albuquerque Marriott Pyramid North VOCA subgrantees – required to send 2 direct victim service provider VAWA subgrantees – required to send 1 person.