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CRIME VICTIMS COMPENSATION PROGRAM Restitution Overview
IACRC Annual Conference Kellogg 2016 State of Idaho Industrial Commission CRIME VICTIMS COMPENSATION PROGRAM Restitution Overview
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Program History Established in July 1986
A division of the Idaho Industrial Commission Served approximately 40,000 crime victims Paid approximately $48 million on behalf of crime victims 2,542 new applications for benefits were filed in Fiscal Year 2015 Approximately 88% of the cases served by the program involved criminal conduct against women and children Active caseload: 7,642
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Funding Sources Fines paid on criminal convictions
Victims Of Crime Act Grant (VOCA) $586,000 Recovery efforts Restitution - $ 306,208 Subrogation - $ 48,209 Donations IDOC - $116,169
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General Compensation Benefits
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Primary Victim Benefits
Medical Mental Health $2,500 maximum Extenuating Circumstances Funeral $5,000 maximum Wage Loss 2/3 of average weekly wage Maximum of $175 per week
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Secondary Victim Benefits
Family Assistance 5 eligible crime types Immediate family members $1,500 per family/$500 per individual Dependent Death 2/3 of average weekly wage up to a maximum of $175 per week.
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Maximum Benefit Amount
Primary Victim Benefits + Secondary Victim Benefits Sexual Assault Forensic Exams __________________________________ $25,000
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Eligibility Conditions
Incidents occurring after July 1, 1986 Law enforcement reporting requirement Application filing requirement Cooperation Prosecutor’s office Law enforcement
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Eligibility Conditions (cont’d)
Preponderance of evidence to indicate criminally injurious conduct What constitutes a preponderance of evidence? Injury sustained as a result of the crime What constitutes an injury?
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Benefit Payment Information
Third party payment sources CVCP is payor of last resort Idaho Code Establishes Medical Fee Schedule Prohibits balance billing victim Billing requirements HCFA/CMS 1500 or UB04 Medical records Insurance EOB (if applicable) Initial Treatment Plan (if applicable) Claims must be submitted within 2 years
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Restitution Process CVCP is considered a victim under the law
Recovery Unit partners with the Courts Recovery Officers are available to Testify
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Restitution Process Payment is made on behalf of Victim
Itemization letter and Report sent
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Restitution Process Itemization Report
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Restitution Process Order For Restitution and Judgment
Sent to Clerk to be filed Sent to Recorder to be recorded, and converted to a Civil Judgment
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Restitution Process RO Victims and Interest
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Restitution Process Recovery Billing Statements sent Bi-monthly
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Restitution Process Payment Report Ledger
Offender payments sometimes made directly to the Program Sent to Court to match balances and payments
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Restitution Process Repository/I Court Balance Payments
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Restitution Process Letter to IDOC
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Restitution Process Letter to Clerk of the Court
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Contact information Crime Victims Compensation Program 700 S. Clearwater Lane P.O. Box Boise, ID
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