CRIME VICTIM COMPENSATION RECOVERY AND REVENUE THE CRIME VICTIM COMPENSATION PROGRAM

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1 CRIME VICTIM COMPENSATION AND REVENUE RECOVERY THE CRIME VICTIM COMPENSATION PROGRAM The concept of crime victim compensation is a timehonored one: that of making up for wrong. However, the most compelling reason for crime victim compensation programs is that they are a simple humanitarian response to a pressing human need. An additional goal is that assistance for victims of crime will encourage greater public cooperation in the successful apprehension and prosecution of criminal offenders. WI Statutes Ch

2 CVC OVERVIEW Approx claims are received per year FY2013: $3.5 million, budget Funding sources: State appropriations Federal grant V/W surcharge Restitution CVC OVERVIEW Average paid per claim = $2, Majority of claims for: 1. Battery 2. Sexual Assault 3. Child Sexual Assault 2

3 VICTIM S RIGHT TO CVC Victims have a statutory right to compensation. Wis. Stat (1v)(rm) Who is required to inform victims of their right to compensation? Law Enforcement - Wis. Stat (2g)(b) District Attorney/Victim Witness Office - Wis. Stat (2r)(d) Charges do not have to be filed in order to be eligible for compensation. WHY VICTIMS OF COMPENSABLE CRIMES SHOULD APPLY? Insurance/collateral sources may be lost or benefits may run out. A child victim may need assistance as adult. Restitution may not be paid or received in a timely manner. Victim may not realize the extent of assistance needed. 3

4 ELIGIBILITY WHO IS ELIGIBLE? Victim defined in Wis. Stat (6) A person who is injured or killed as a result of a compensable crime. A person who is injured or killed while preventing a compensable crime, apprehending an offender of a compensable crime, or aiding a victim of a compensable crime (or attempting to do so). In the case of the victim s death: a person legally responsible for the victim who has incurred expenses as a result of the injury or death, or for dependents of the deceased victim. a family member and/or persons who lived in the same household with the victim who suffer economic losses as a result of their reaction to the crime. 4

5 WHO IS ELIGIBLE? Compensable Crimes Wis. Stat (1)(b) Crimes that involve personal injury or death Generally, not property crimes Personal injury or death that results in financial loss Hit & Run pedestrian only Disorderly conduct is not a compensable crime ELIGIBILITY REQUIREMENTS: Crime occurred in Wisconsin Reported to Law Enforcement in 5 days or within 5 days of when it could reasonably be reported Application filed within 1 year of crime date 5

6 ELIGIBILITY REQUIREMENTS: Must cooperate with: Law Enforcement Provide true, accurate, and complete description of the crime. Comply with reasonable requests for participation in follow-up investigative activities. Prosecution Agree to participate in the initiation of proceedings against the offender and cooperate with prosecution. May be waived upon a showing of compelling health or safety reasons for non-cooperation. CVC Program Provide all necessary documentation requested in a timely manner. ELIGIBILITY REQUIREMENTS: There must be verifiable and reliable evidence that a compensable crime occurred. It is not required that an offender be: Identified Apprehended Charged Convicted 6

7 ELIGIBILITY REQUIREMENTS: Victim is not on the statewide child support lien docket. Adult victim did not knowingly ride with driver under the influence of intoxicants and/or controlled substances. ELIGIBILITY REQUIREMENTS: Victim must not have: Committed a crime which caused/contributed to injury or death; Engaged in conduct which the victim could have reasonably foreseen would lead to injury/death; 7

8 CVC BENEFITS Statutory maximum per claim = $40, $2,000 for funeral/burial Medical Treatment Dental Mental health Lost net wages Loss of support Homemaker services CVC BENEFITS $300 for clothing/bedding replacement. $200 for property destroyed by crime lab testing. $1000 to secure/clean the crime scene. 8

9 PAYER OF LAST RESORT All other collateral sources must be used first: Life insurance Health insurance Medical Assistance Worker s compensation Vacation/sick leave Homeowner s insurance Disability, etc. Automobile insurance Wisconsin mandatory minimum liability coverage for medical costs ($25,000/$50,000). RESTITUTION IS A COLLATERAL SOURCE Any award shall be reduced by the amount of any payment received, or to be received, by the person who committed the crime. Wis. Stat (3)(a) Award may be reduced or denied for failure to request restitution from the offender. Restitution requirement may only be waived in the interest of justice Wis. Admin. Code JUS 11.05(4)(b) 9

10 RESTITUTION PROCESSES BETWEEN CVC AND V/W OR DOC Claims specialists: Communicate with victim/witness staff regarding payments made by the CVC program. Seek restitution ordered back to the CVC program at sentencing. Seek updated restitution orders from V/W or from DOC to obtain full restitution. Unpaid restitution is converted to a civil judgment upon discharge from supervision. REVENUE RECOVERY INITIATIVE Identify outstanding debts owed to the CVC Program. Obtain a copy of the civil judgment for restitution. Verify that the civil judgment is correct as to the amount ordered and to whom it is payable. Locate the offender s current address. 10

11 REVENUE RECOVERY INITIATIVE A 30 day notice letter is sent to the offender with a copy of the civil judgment. This letter is sent to notify the offender that the debt is still owed and that they have 30 days to Pay full balance Set up a payment plan Contest the amount owed If one of these actions is not taken, the debt will be referred to the Department of Revenue (DOR) for collection action. Tax refund interception Attachment of wages Garnishment, seizure, or levy of property, including bank accounts Liens on property REVENUE RECOVERY PAYMENT PLANS 16 requested payment plans 11 active 2 satisfied 12 debtors have satisfied their judgments through DOR (Dept of Revenue) 11

12 REVENUE RECOVERY DOR REFERRALS 147 Referrals since December active at DOR $657, in debts referred to DOR $32, collected to date DOR collects their 15% surcharge first HOW CAN YOU HELP CVC S REVENUE RECOVERY EFFORTS? 12

13 HOW CAN YOU HELP CVC S REVENUE RECOVERY EFFORTS? Obtain orders for restitution to the Crime Victim Compensation Program Note on the court record at sentencing that if probation is revoked or discharged with outstanding financial obligations, a civil judgment shall be entered against the defendant in favor of the victim and/or government entities for the balance due. Enforce restitution orders HOW CAN YOU HELP CVC S REVENUE RECOVERY EFFORTS? (CONTINUED) Include restitution back to the CVC program as part of deferred prosecution agreements Ensure that unpaid restitution debts are converted to a civil judgment prior to discharge from supervision Clearly list the Crime Victim Compensation Program as the creditor on civil judgments. Forward copies of Civil Judgments directly to the Crime Victim Compensation Program. 13

14 CVC/REVENUE RECOVERY CONTACT INFORMATION Claim Specialists: Rhonda Mitchell (608) Erin Welsh (608) Kathy Zupan Director (608) OFFICE OF CRIME VICTIM SERVICES Madison Office: Milwaukee Office: 17 West Main St. P.O. Box 7951 Madison, WI Phone: Fax: Toll Free: N. Sixth St. Room 180 Milwaukee, WI Phone: Fax: *Providers call Milwaukee Office for claim status info 14