Crime Victims' Compensation General Overview

Crime Victims' Compensation General Overview

Crime Victims Compensation General Overview Crime Victim Services Mission Statement To assist in the compassionate and effective delivery of crime victim services by offering information, resources, financial assistance, and education to crime victims and the organizations assisting them. CVC Goal

The goal of CVC is to reimburse victims of crime for certain out-of-pocket expenses not reimbursed by other sources. The Office of the Attorney General shall award to victims and claimants compensation for pecuniary loss arising from criminally injurious conduct. Enabling Legislation Texas Code of Criminal Procedure Article 56 subchapter B Article 56.31 through 56.64 Crime Victims Compensation Act

CVC began January 1, 1980 CVC Mandates A victim has the RIGHT to request and receive information about Crime Victims Compensation. Texas Code of Criminal Procedure, Article 56.02 (a)(6) and TFC, 7.002(6) CVC Mandates T.C.C.P. Art. 56.07 Law Enforcement Mandate Initial contact with victim

Written notice T.C.C.P. Art. 56.08 District and County Attorneys 10-day written notice Assistance with application T.C.C.P. Art. 56.60 Public Notice Posters in hospital emergency rooms CVC Funding It is not a tax-based or general-revenue-funded program. No tax dollars are used. Sources of funding in FY 2018 were: Court fees

Federal VOCA grant Restitution Subrogation Other receipts Gifts Restitution CVC pays benefits to an eligible victim. At some point, an offender is apprehended and convicted. At sentencing, the judge can order the defendant to pay restitution to the CVC Fund for what the victim was paid in

eligible benefits. Subrogation CVC pays benefits to, or on behalf of, a victim. Victim files and wins a civil lawsuit for damages or receives a settlement from perpetrator.

Victim reimburses funds to CVC for lawsuits and settlements related to the crime. Victim and his/her attorney are subject to prosecution for failure to notify CVC. Payer of Last Resort

All collateral sources must pay first: Medicaid Health insurance Medicare Texas Workers Compensation Auto insurance CVC Fiscal Year 2018 Summary $ 67.4 million in payments Received a total of 34,706 applications and sexual

assault exam reimbursement claims 24,465 were victim compensation applications 10,241 were sexual assault reimbursement claims Victim Who is a victim? An individual who suffers physical or mental harm or death as a result of criminally injurious conduct Note that every application has to have one victim, and only one victim

Includes peace officers, firefighters or individuals whose employment duty is to protect the public Claimant Who is a claimant? An authorized individual acting on behalf of a victim An individual who legally or voluntarily assumes the obligation to pay expenses A dependent of a deceased victim An immediate family or household member who requires psychiatric care or counseling An application can have multiple claimants, but only one

victim Eligibility (1 of 3) Who is eligible to receive CVC? A Texas or U.S. RESIDENT who becomes a victim of crime in Texas A Texas resident who becomes a victim in a country with no benefits A Texas resident who becomes a victim of a crime defined as an act of terrorism committed outside the United States (as of September 1, 1997)

Eligibility (2 of 3) RESIDENT as used in the Texas Code Criminal Procedure ART. 56.32(a)(11)(A)(ii), the term means a person who has a domicile in Texas or who lives for more than a temporary period in Texas, another state or the U.S., the Dist. Of Columbia, the Commonwealth of Puerto Rico, or a possession or territory of the U.S. Eligibility (3 of 3) A Social Security number is not required for a victim to apply and be eligible for the CVC Program.

A tax ID or Social Security number is a requirement to receive a payment. Criminally Injurious Conduct Criminally injurious conduct refers to crimes that: Are attempted or occur Pose a substantial threat of personal injury Would be punishable by fine or imprisonment CIC Crimes Eligible for Reimbursement (1 of 2) Criminal injurious conduct (CIC) crimes are violent crimes

against persons. CIC crimes range from simple assault to homicide and include such crimes as family violence, child sexual assault, kidnapping, arson, robbery and carjacking. CIC Crimes Eligible for Reimbursement (2 of 2) CIC vehicular related crimes are: Crimes of intentional injury with an automobile, boat, or plane Failure to stop and render aid (hit and run) Vehicular crimes involving drugs or alcohol

Intoxication-related crimes (assault, manslaughter or criminally negligent homicide) Denial or Reduction Behavior Factors If the person Was engaged in illegal activity (deny or reduce) Shares in the responsibility for the crime (deny or reduce) Fails to cooperate with law enforcement and prosecution efforts (deny) Possible factors

Entire situation is reviewed CVC Requirements There is no requirement that a suspect be Identified Apprehended Charged Convicted for a victim to apply for and be awarded compensation. There is a requirement for the victim to cooperate throughout the criminal justice process.

CVC Reporting Requirements Reporting the crime to law enforcement 72 hours prior to September 1, 1997 On or after September 1, 1997, a reasonable period of time, but not so late as to interfere with or hamper the investigation and prosecution The program has the discretion. The victim is a child. Extraordinary circumstances hampered the reporting CVC Filing Requirements Filing requirements to CVC program

Prior to September 1, 1997, one year On or after September 1, 1997, three years Exceptions Good cause Child victim through age 18 (pre-1997) Child victim age 18 to 21 (1997-present) Victim physically incapacitated Application (1 of 2) The CVC application (English and Spanish) is available on our web page. The application is always reviewed after a legislative

session to assure it meets statutory requirements. An application is considered complete and will be processed when it: Is filled out in its entirety Is signed by a victim or a valid adult claimant Provides law enforcement information Provides any other information requested by the OAG Application (2 of 2) Awards Up to:

$25,000 for crimes prior to September 1, 1997 $50,000 for crimes on or after September 1, 1997 For reimbursement of medical costs, counseling, lost wages, funeral costs, and other costs resulting from the crime Does not include property loss or damage Award Types Medical (includes psychiatric care/counseling and dental) Loss of earnings Loss of support Funeral and burial

Relocation and rental Child or dependent care Crime Scene clean-up Property seized as evidence Travel Medical Expenses Includes: Hospital expenses Doctors fees Prescriptions Emergency room

Ambulance X-rays Rehabilitation Nursing home Dental Medical Expenses Medical expenses are paid according to the Division of Workers Compensation medical fee guidelines and are based on the dates of services rendered.

If the victim pays the medical bills, they will be reimbursed their actual cost. The victim is not responsible for the difference, unless the victim had benefits reduced or the claim is found to be a med max. Example: medical bills total cost that exceed the amount available for a claim.

Medical expenses are only limited by the funding available in the claim. Reimbursements for medical expenses must be submitted within three years of the date of service, unless extenuating circumstances exist. Mental Health

Inpatient psychiatric care or counseling Victim only $600 per day (before September 1, 2014) After September 1, 2014, expenses paid at the medical fee guideline Maximum 30-day stay; unless good cause is shown Should be pre-authorized Outpatient psychiatric care or counseling 60 sessions for victim 60 sessions for claimant CVC Eligible

Mental Health Providers Eligible providers must be licensed mental health providers limited to the following professions which are updated on the CVC web page: Psychiatrist, and other M.D. Clinical Psychologist Clinical Nurse Specialists in Psychiatry (CNS) Licensed Professional Counselor (LPC) Licensed Marriage and Family Therapist (LMFT) Licensed Clinical Social Worker (LCSW) CVC does not make referrals to victims seeking treatment; they are referred to their local resources.

Travel Travel expenses due to participation in or attendance at: The investigation prosecution, or judicial processes; also post-conviction and post-adjudication-involvement The execution of the perpetrator Seeking necessary medical treatment and counseling services The funeral of the victim for immediate family and household members Travel

Exceeds 20 miles (one way) Necessary and reasonable transportation Commercial transportation Personal vehicle / state mileage reimbursement rate Exceeds 60 miles (one way) Meals and lodging expenses Meals and lodging are per diem state rate Commercial transportation Personal vehicle / state mileage reimbursement rate Different travel rates apply for different years and are based on the state rate at the time.

Loss of Earnings Loss of Earnings related to medical: Physical or emotional disability (victim) While seeking medical treatment for crime-related injury (victim) Care for a medically incapacitated adult/minor child (claimant) Attending counseling for crime related injury (victim or claimant) Loss of Earnings related to the criminal justice system: Police investigation appointments (victim or claimant) Protective order court appointment Criminal proceedings

Post-conviction Post-adjudication proceedings (executions) Loss of Earnings related to victims funeral Loss of Earnings If employed, weekly net earnings are multiplied by the disability period. Limited to $700 per week If unemployed, CVC will consider situations that demonstrate the victim would have been employable. Benefits would be based on anticipated loss of future earnings.

Loss of Support To dependents of a murder victim Up to $50,000 To dependents of surviving victims Usually family violence Limited to 13 continuous weeks To dependents of a medically disabled victim During disability period

Limited to $700 per week Verification of dependency, support lost and collateral sources Funeral and Burial Funeral and burial expenses maximum of $6,500 Additional funds available to transport the body What is covered: Funeral services Casket, urn

Graveside services Cemetery expenses Marker/headstone Cremation charges Additional costs such as flowers, burial clothing for the deceased, exhumation and reburial

Relocation (1 of 4) For victims of : Family violence (June 19, 1999) Sexual Assault in their residence (September 1, 2001) Human trafficking (September 1, 2013) Stalking (September 1, 2015) $3,800 total benefit Up to $2,000 for applicable relocation costs: Transportation Deposits and fees Moving van and storage Three months rent up to $1,800 One-time award

3 year time limit to apply for relocation Relocation (2 of 4) For victims of sexual assault in their residence (September 1, 2001) Sexual assault means an offense under Section 21.02, 21.11(a)(1), 22.011, or 22.021, Penal Code. Relocation (3 of 4) For victims of family violence (June 19, 1999) Proof of cohabitation Sec. 71.004. FAMILY VIOLENCE. "Family violence" means:

(1) an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself. Relocation (4 of 4) For victims of human trafficking (September 1, 2013) Sec. 20A.02. TRAFFICKING OF PERSONS. (a) A person commits an offense if the person knowingly: (1) traffics another person with the intent that the trafficked

person engage in forced labor or services; (2) receives a benefit from participating in a venture that involves an activity described by Subdivision (1), including by receiving labor or services the person knows are forced labor or services; (3) traffics another person and, through force, fraud, or coercion, causes the trafficked person to engage in conduct Child or Dependent Care Only available as a NEW EXPENSE resulting from the crime Children (14 years and under) or dependent adults Care must be provided by licensed or registered provider

$300 per week per child or dependent Crime dates after May 7, 2005 child care is limited to 90 days Crime dates on or after July 15, 2016 child care is limited to 1 year 90 day child care exception for dependents of deceased victims Crime Scene Clean-Up Reasonable and necessary costs of cleaning the crime scene $2,250 limit Commercial cleaning company

Will reimburse for cleaning supplies when work is done by volunteers Property Seized as Evidence Reasonable replacement costs for clothing, bedding, or property of the victim seized as evidence or rendered unusable as a result of the criminal investigation $1,000 limit This is the only property for which reimbursement can be

paid by CVC. Extraordinary Pecuniary Loss Extraordinary pecuniary loss is a total and permanent disability. Above the base award the EPL benefit is Additional $25,000 (for crimes occurring September 1995-97) Additional $50,000 (for crimes occurring on or after September 1, 1997 to August 31, 2001) Additional $75,000

(for crimes occurring on or after September 1, 2001) Extraordinary Pecuniary Loss Total and Permanent Disability

Durable medical equipment Rehabilitation technology Nursing home care Home and Auto adaptions Vocational Rehabilitation Home health care Training in the use of special appliances Loss of earnings Job training

Appeals Process The victim or claimant has the right to appeal a decision (eligibility or awards) Reconsideration Final Ruling Hearing District Court Claim Closure Due to Fraud Texas Code of Criminal Procedure, Article 56.41 (b)(7) (b) The attorney general shall deny an application for

compensation under this subchapter if: (7) the claimant or victim knowingly or intentionally submits false or forged information to the attorney general. Texas Code of Criminal Procedure, Article 56.38 (b) The attorney general may investigate an application. Texas Code of Criminal Procedure, Article 56.47(a) The attorney general, on the attorney generals own motion, or on request of a claimant or victim, may reconsider; (1) a decision to make or deny an awards; or (2) the amount of the award Claim Closure Due to Fraud

Loss of earnings Scenario 1 Victim was awarded loss of earnings. CVC received information that victim submitted two false employment verification documents and also forged HR Directors signature to falsely show they were employed. Victim was charged and arrested for tampering with a governmental record. Scenario 2 Victim submitted false medical documentation in order to continuing receiving loss of Earnings.

Victim, a nurse, had been terminated from his/her job due to felony forgery convictions, but falsely indicated that it was due to a crime-related injury. Claim Closure Due to Fraud Relocation Scenario 1 Victim awarded relocation, but claimed she never received the check. CVC processed a stop payment and issued a 2nd check. Comptrollers records revealed both checks had been cashed.

Victim was charged with theft. Scenario 2 Victim submitted a falsified lease. CVC called apartment complex and was advised victim was not approved. Victim was charged with tampering with a governmental record. CVC Claims Management System Remote User Access in the CVC Claims Management System now referred to as the CVC Web portal. CVC Secure Web portal is a tool applicable users can access

to view basic CVC claim information via the Internet. There are three levels of security access to CMS: Service Providers Law Enforcement Non-Profit Victim Advocates is CVC Claims Management System All CMS users are able to view general case information.

Service provider accounts allow the user to view only those claims for which they have provided services based on their tax ID. Law enforcement and advocate accounts allow the user to view general billing information and case notes. If you would like to access the new web portal, your organizations contact person must complete a new organization application. Once the organization has been approved, individual users can complete a new user application. OAG Website for CVC

OAG website for Crime Victims Compensation www.texasattorneygeneral.gov What is available on the CVC website? General program information Basic qualification requirements Reimbursable expenses How to apply Forms and applications Appealing a denial Remote User / Claims Management System Information for service providers Publications and materials order

Training Other Programs Available (1 of 3) Sexual Assault Exam Reimbursement Program Reimburse law enforcement for the reasonable costs of a sexual assault examination of a victim Full details and application at OAG website A separate claims process from victim CVC claim Contact person: Roxanne Ramon (512) 936-1920 Other Programs Available (2 of 3)

Address Confidentiality Program Texas Code of Criminal Procedure Articles 56.81-56.93 ACP assists victims of family violence, sexual assault and stalking, aiding in effort to keep victims address confidential. Works in conjunction with victims existing safety plan Other Programs Available (3 of 3) Address Confidentiality Program For more information contact: Office of the Attorney General Address Confidentiality Program (ACP)

P.O. Box 12199 MC Program Austin, Texas 78711-2199 [email protected] (512) 936-1750 (888) 832-2322 For More Information Office of the Attorney General Crime Victim Services Division CVC Program P.O. Box 12198

Austin, TX 78711-2198 www.texasattorneygeneral.gov (512) 936-1200 or (800) 983-9933 Main Number National Association of Crime Victim Compensation Board website has links to each states CVC program www.nacvcb.org CERTIFICATE of PARTICIPATION The Office of the Attorney General presents this certificate to: __________________________________ (Print your name)

with sincere appreciation for your on-line training of the CVC General Overview on this ____ day of ________, 20__ _______________________ (Signature of participant ) Mail a copy of your certificate to : Crime Victim Services Division Attention: Training & Outreach Coordinator

P O Box 12198 Austin, Texas 78711-2198

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