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 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 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

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

Category of Economic LossMaximumCitation Family counseling expenses * Severe injury, homicide, SA, DV $2,500 per family member $7,500 per claim R.C (F)(2) Travel/lost wages to attend criminal trial if victim is deceased $500 per family member $2,000 per claim R.C (F)(3) Attorney fees to obtain protection order$1,000 per claimR.C (F)(4) Funeral/burial expenses$7,500 per claimR.C (N) Crime scene cleanup expenses$750 per claimR.C (T) Evidence replacement expenses Max award per claim $50,000 $750 per claimR.C (U) Expense Maximums

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 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 20 th 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 – 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

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

Must be signed and dated

Request for Crime Victims Materials Crime Victims Applications Victims’ Rights Booklet Crime Can be Costly Literature Piece VINE Information Request for Training

Questions? Please contact: Mark Zemba Senior Assistant Attorney General 615 W. Superior Avenue 11 th Floor Cleveland, OH Mark FAX:

Ohio Attorney General’s Office 30 E Broad Street 23 th Floor Columbus, OH (614)