Crime Victims Compensation Board K.S.A to

Transcription

1 October 2013 Kansas Association for the Medically Underserved (KAMU) Presented By: Jeff Wagaman, Executive Director Division of Crime Victim s Compensation Crime Victims Compensation Board K.S.A to Mission Statement: To award just compensation to victims for economic loss arising from violent crime. 1

2 Learning Objectives Upon completion of this session, participants will understand the following concepts: The purpose and operation of the Crime Victims Compensation Board. Offenses that are compensable crimes Requirements that determine a victim s eligibility to receive benefits. Expenses covered by the Crime Victims Compensation Board. How victims can receive compensation through application procedures. CVCB Board Composition Suzanne Valdez, Chair Nan Porter, Member Thomas R. Williams, Member 2

3 Definition of Victim A person who suffers personal injury or death as a result of criminally injurious conduct. Eligibility 3

4 Basic Eligibility Claim must be filed within two years of the incident. Crime event occurred in Kansas, or outside of the U.S. to a Kansas resident. Reported to law enforcement within 72 hours unless good cause. Must be cooperative with law enforcement. Basic Eligibility Economic loss of $100 except in cases of sexual assault. Claimant must not be the offender or an accomplice of the offender. Must suffer financial stress. 4

5 Diminishment of Compensation To the extent, if any: The economic loss is recouped from other sources, including collateral sources The board deems reasonable because of the contributory misconduct of the claimant or of a victim whom the claimant claims Or because the victim was likely engaging in or attempting to engage in unlawful activity at the time of the crime. (does not apply to claims for sexual assault or domestic violence) Contributory Misconduct K.A.R The following acts or behaviors may signify contributory misconduct: Consent, provocation or incitement, including the use of fighting words or obscene gestures; Willing presence in a vehicle operated by a person who is known to be under the influence of alcohol or an illegal substance; Abuse of alcohol or an illegal substance; Failure to retreat or withdraw from a threatening situation when an option to do so is readily available; Failure to act as a prudent person. (may be excused in claims for domestic abuse or sexual assault) 5

6 Benefits COMPENSABLE COSTS Medical Expenses Mental Health Counseling Medical Transportation Rehabilitation Expenses 6

7 COMPENSABLE COSTS Modification Costs Economic Support Replacement Services COMPENSABLE COSTS Funeral Crime Scene Clean-up Moving Expenses 7

8 Benefit Category/Limitation Medical Expenses, including transportation to obtain medical assistance: $25,000. Mental Health: inpatient psychiatric care: $10,000; outpatient counseling: $3,500; grief therapy for family members of homicide victims: $1,000. All therapy subject to $60 per hour maximum allowance. Dependent Economic Loss: $400 per week up to $25,000. Wage Loss: $400 per week up to $25,000. Funeral and related expenses: $5,000. Benefit Listing Moving Expenses: compensable only upon verifiable recommendation of law enforcement to move. Replacement Services: $400 per week up to $25,000. Rehabilitation Services: $25,000. Attorney Fees: $45 per hour, for claim preparation only. Crime Scene Cleanup: Up to $1000. Clothing and Bedding seized as evidence. 8

9 CRIME VICTIMS COMPENSATION CLAIMS DESCRIPTION FY 2012 FY 2011 FY 2010 FY 2009 FY 2008 FY 2007 NEW CLAIMS RECEIVED TOTAL AMOUNT AWARDED ON CLAIMS $3,823,219 $3,982,751 $3,792,443 $4,624,953 $3,510,747 $4,177,576 Revenue Sources Kansas District Courts 11.99% of fines, penalties, and forfeitures U.S. Department of Justice VOCA Grant Restitution and Subrogation Kansas Department of Corrections: Inmate Wages Admin. and Supervision Fees 9

10 Claim Processing Procedure Information Requested Assigned to an Investigator Information is requested from: Law Enforcement Medical Providers Prosecuting Attorneys Mental Health Providers Funeral Providers Claim Processing Procedure A personal telephone interview is conducted with each and every applicant. The expenses are calculated. A summary is written and a packet is compiled which is submitted to the board. The board meets monthly to make determinations on the claims. The board s decisions are processed and payments are issued. Restitution is requested of the court. Claimants continue to submit expenses for payment until the maximum amounts are reached. 10

11 Office of Attorney General Derek Schmidt Division of Crime Victim Compensation 120 SW 10th Ave Topeka, KS (785)