1. Danielle Kitto Crime Victims Reparations Board Office of Justice Programs Minnesota Department of Public Safety Financial Compensation for Crime Victims

2. Agenda  What is reparations?  MN Program/Board  Funding  Crimes covered  Who can apply?  Eligibility requirements  Completing the Law Enforcement form  Appeal rights  Covered expenses/Non-covered expenses  Application process  Collaboration

3. What is reparations?  Government program that reimburses victims of violent crimes, and their family members, for many of their out-of-pocket expenses  Every state has a reparations/compensation program  Each state program operates independently under its own state laws

4. MN Reparations Program  Created in 1974  Received 1,276 new claims in FY2015  $2.9 million awarded to victims and/or their providers  11 person staff  5 member Board

5. Board Responsibilities  Develop policies and rules on eligibility and coverage  Determine payment rates  Review claims with eligibility issues (about 15% of claims)  Hear all appeals

6. Funding  Stage general fund  Federal grant  Special revenue Restitution payments from offenders ($575,000 in FY 2015) Unclaimed restitution ($571,000) Funds recovered from civil awards to victims ($51,000) Inmate wage deductions transferred by MN DOC ($423,000)

7. Crimes Covered  Homicide  Assault  Domestic violence  Sexual assault  Child abuse  Human trafficking Note: Property crimes are not covered  Arson  Robbery  Kidnapping  Harassment/Stalking  Certain motor vehicle crashes

8. Motor Vehicle Crashes  Criminal Vehicular Homicide/Injury  Hit-and-Run  Driving while Impaired  Driver was fleeing scene of crime

9. Who can Apply?  Victim who suffered an injury  Family member of injured or killed victim Parents Spouse/Domestic Partner Children Siblings Grandparents  An eyewitness or someone who discovers body of homicide victim

10. Eligibility Requirements  Crime must have occurred in Minnesota (residency/citizenship not required) OR  Minnesota resident victimized in country without a compensation program

11. Eligibility Requirements  Reporting Crime must be reported to police within 30 days (sexual assault and child abuse – no time limit, but must report)  Cooperation Must cooperate with police investigation and prosecution Provide truthful and complete statement Sign medical release form Agree to testify

12. Eligibility Requirements  Claim must be filed within 3 years of the date of the crime Some exceptions apply Child abuse – 3 years from date of police report Cold cases

13. Eligibility Requirements  Preponderance of evidence that a crime occurred Is it more likely than not? (51% chance) Offender does NOT need to be charged or convicted

14. Eligibility Requirements  Commission of a crime by victim Reparations must be denied if victim was in the act of committing a crime at the time the injury/death occurred. Does not include status offenses or petty misdemeanors

15. Eligibility Requirements  Contributory misconduct by victim Reparations denied or reduced if victim contributed through misconduct or negligence Reduced by minimum of 25% May be waived in cases of domestic or sexual assault

16. Contributory Misconduct  Fighting words  Obscene gestures  Provocation  Failure to retreat  Consumed alcohol/drugs  Buying/selling drugs  Confirmed gang member or associate  Using gang signs/colors  Knowingly riding with impaired driver

17. Eligibility Review  Law enforcement reports Agency must provide records within 10 days of request  Completed law enforcement form Did victim cooperate with investigation? Did victim contribute to the crime?  Medical records Blood alcohol content Description of injury

18. Completing the Law Enforcement Form  Answer “yes” or “no” on the issues of contributory misconduct and cooperation, and give explanation  Provide your opinion based on the facts and evidence  Identify the offender and criminal charges

19. Completing the Law Enforcement Form  Contributory Misconduct Check “yes” if misconduct or criminal activity by victim contributed directly to their victimization Provide victim’s BAC level, if known If drugs involved, indicate type and amount and if victim was buyer or seller Indicate if victim is known gang member, and if victim targeted due to gang involvement or prior criminal acts Indicate if victim was illegally using or possessing a weapon

20. Completing the Law Enforcement Form  Lack of Cooperation Check “no” if victim refused to cooperate in the investigation Give details on how victim did not cooperate (didn’t return phone calls, refused to identify suspect, refused to sign medical release) Was the victim’s statement truthful, accurate and complete? Was there extenuating circumstances that prevented cooperation by victim?

21. Eligibility Review Staff Review Staff Approval 85% Board Review 15%

22. Board Review Case reviewed by Board Board votes to pay, deny, or reduce Victim notified of decision

23. Appeal Rights Reconsideration  Request in writing within 30 days.  Provide new information. May attend meeting. Contested Hearing  Hearing before an Administrative Law Judge (ALJ)  Attorney General’s Office represents Board Court of Appeals  Request within 30 days of Board’s final decision  Reviewed by the MN Court of Appeals

24. Collateral Sources and Maximum  All available collateral sources must be used first. Reparations will pay amount not covered by collateral source (deductible, co-pay, etc.)  $50,000 maximum combined for all claims filed on behalf of one victim

25. Covered Expenses  Medical Ambulance Hospital / Physician Medication management/Prescriptions Chiropractic care (1 year from injury date) Eye glasses In-patient mental health care HIV Prophylaxis Follow-up STD and HIV testing/treatment Board pays 60% with 40% provider write-off

26. Covered Expenses  Rehabilitative Items Wheelchair Walker/Cane Prosthetics  Accessibility Ramp Chair lift Remodel kitchen/bath Modification to vehicle

27. Covered Expenses  Dental Exams/X-Rays Crowns Bridges Root Canals Implants Board pays 90% with 10% provider write-off

28. Covered Expenses  Mental Health - $7,500 Individual Family Group Board pays 70% with 30% provider write-off

29. Covered Expenses  Alternative Healing Methods - $1,500 Cultural or religious healing services and ceremonies (Hu Plig, Sweat Lodge/Purification Treatment is reasonable and necessary to rehabilitation of victim Methods cannot be illegal in U.S. or pose risk to the victim Recognized as legitimate by leaders within the cultural or religious group Written recommendation by from govt. agency, non-profit agency, or tribal council that cultural healer is qualified Must be actual cost for fees or supplies Transportation to obtain services are not covered

30. Covered Expenses  Lost Wages Victim – 1 year Parents and spouse/domestic partner of homicide victim – 1 year Children, siblings and grandparents of homicide victim – 6 weeks Family members of injured victim - $5,000 combined

31. Covered Expenses  Lost Wages, Cont. Disability verification required Self Employed/Unemployed – Tax Return Vacation/Sick leave time must be used first Overtime not covered

32. Covered Expenses  Funeral Expenses -$7,500 Services and burial Cremation Transportation of the body Obituary, hall rental, food, flowers, etc. $1,000 for transportation/lodging  Headstone - $1,000

33. Covered Expenses  Loss of Support Replaces support deceased victim provided to dependents Minor children and spouse/ domestic partner $350 per month per dependent Needs assessment after 3 years

34. Covered Expenses  Misc. Expenses Return of abducted child Substitute child care Home health care services provided by licensed professional (family members/household members not eligible) Crime scene clean-up -$10,000

35. Payments by Category, FY2015

36. Non-Covered Expenses  Property Loss/stolen money  Clothing/Bedding taken as evidence  Replacement of offender’s income/support  Mileage/parking  Chemical dependency treatment  Moving expenses  Pain and suffering  Security systems  Attorney’s fees  Tuition losses  Expenses related to court proceedings

37. Emergency Fund  Small grants distributed by OJP to local victims assistance programs to meet the emergency needs of crime victims Lost, damaged, or stolen property Door/window repair New locks Home security devices Transportation/mileage to medical appointments Travel expenses to attend court proceedings Food or personal items Towing and storage fees due to impoundment of stolen vehicle

38. Application Instructions  Complete a separate application form for each victim  A victim, guardian or relative should file on behalf of a minor, incapacitated, or deceased victim  Space for two claimants on application Complete separate application forms if live at separate addresses

39. Application Process Set up Claim opened when application received Claim assigned number and claims specialist Eligibility Police report/law form obtained and reviewed Eligibility decision made by staff or Board Verify Bills and corresponding records obtained Employment records and disability verification obtained Award Claim calculated Victim notified of amount awarded

40. Victim Assistance Responsibilities Learn Reparations training should be integral part of victim assistance program plan Providing incorrect or no reparations information may result in unnecessary financial burden Inform Ask victim about current and future expenses Programs receiving VOCA funds mandated to inform victims about reparations Encourage victims to apply, but do not make any promises or guarantees Assist Assist victim with application. List your name/agency as authorized contact. (Section 7) Mail or fax completed application Include copies of bills and criminal complaint, if available

41. Law Enforcement Responsibilities MN law requires law enforcement officers to give victims notice of their right to apply for reparations at the time of initial contact with victim (611A.02 and 611A.66) Inform Submit the Law Enforcement form and investigative reports within 10 days of Board’s request. (Minn. Stat. 611A.66) Reports retain same data classification as when in possession of law enforcement agency Respond

42. Referral Source, FY 2015

43. Susan Herman, Nat’l Ctr. for Victims of Crime, 2004 “Financial compensation for victims of crime is one of the most important, tangible expressions of society’s compassion for those among us who have been harmed by crime. While compensation cannot address all that victims suffer, it can provide a critical ingredient in repairing the harm.”

44. Contact Information (651) 201-7300 1-888-622-8799 Fax (651) 296-5787 TTY (651) 205-4827 dps.justiceprograms@state.mn.us www.ojp.dps.mn.gov