Victims of Crime

If you were the victim of a crime that occurred in California, you may be eligible for free counseling and other financial compensation from the State. Applications for compensation are available from our office or from the State. For more information regarding the Victims of Crime Program, contact the Victims Program toll-free at 1-800-777-9229; or the Statewide Victims Resource Center toll free at 1-800-VICTIMS (842-8467).

The most commonly covered crimes are:

• Assault with a Deadly Weapon
• Battery
• Child Abuse / Molest (including from family members)
• Domestic Violence
• Driving under the Influence
• Hit and Run
• Vehicular Manslaughter
• Murder
• Robbery
• Sexual Assault (including from family members)
• Stalking
• Other Violent Crimes as defined by statute

The following information is from the State of California's Web Page.

Eligibility, Benefits, and Applications

It is in the public interest to assist victims of crime in obtaining restitution for the financial losses suffered as a direct result of criminal acts. Assistance is available for residents of the State of California regardless of where the crime occurred and for nonresidents who become victims of crimes occurring within the State of California.

Victims of violence and their families must deal with the emotional, physical, and financial aftermath of crime. The Victims of Crime (VOC) Program can help innocent victims of certain crimes and their family members when they have no other means of paying for crime-related losses. VOC Program assistance is obtained by filing an application with the California Victim Compensation and Government Claims Board which administers the VOC Program. (Forms are available from our counseling office)

Authority

Under California law (Government Code Sections 13959 - 13969.5 and 13970 - 13974.1), certain victims of crime may receive payments from the Restitution Fund for unreimbursed losses directly resulting from a crime. The Restitution Fund is the VOC Program's primary funding source and it receives monies collected through fines and penalties imposed by judges upon persons convicted of crimes and traffic offenses in California.

Basic Eligibility Requirements

To be eligible for VOC Program assistance, a person must be a victim of a qualifying crime involving physical injury, threat of physical injury or, in certain crimes, presumed injury. Applicants must also meet the following additional eligibility requirements:

1. Residency
   California, the victim must have been a California resident at the time of the crime. Nonresidents of California may also apply for benefits if the crime occurred while the nonresident was in California.
2. Reporting the Crime/Cooperation with Law Enforcement
   The crime must be reported to the police, sheriff, highway patrol, or other appropriate law enforcement agency. Every applicant must cooperate with law enforcement in the investigation of the crime and the prosecution of any known suspect.
3. No Involvement or Participation in the Crime
   An application for assistance may be denied if the Board finds that denial is appropriate because of the nature of the victim's involvement in the events leading to the crime.

Who Is Eligible to Receive Assistance

• A victim who is injured as a result of a qualifying crime (a "direct victim").
• Anyone who pays for the medical and/or funeral/burial expenses of a deceased victim.
• A person who is not directly injured or killed as a result of a crime (a "derivative victim") but who, at the time of the crime, was a resident of California, AND
  1. Is the parent, sibling, spouse, or child of the victim; OR
  2. Is living with the victim at the time of the crime; OR
  3. Has lived with the victim for at least two years in a relationship similar to a parent, sibling, spouse, or child of the victim; OR
  4. Is another family member of the victim, including the victim's fianc*, and witnessed the crime; OR
  5. Is the primary caretaker of a minor victim but was not the primary caretaker at the time of the crime.

Who Is Not Eligible to Receive Assistance

• Persons who commit the crime.
• Persons who participated in or were involved in the events leading to the crime (sometimes eligible for limited assistance or a "Partial Award").
• Persons who do not cooperate with law enforcement in the investigation of the crime and/or prosecution of any known suspects.

Expenses Eligible for Reimbursement

The VOC Program can reimburse the following expenses if they are incurred as a direct result of a crime as long as there are no other sources of reimbursement available.

• Medical/Dental
• Mental Health Counseling
• Lost Wage/Income
• Lost Support to Eligible Family Members
• Domestic Violence Moving and Relocation
• Funeral/Burial
• Job Retraining

Expenses Not Eligible for Reimbursement

Personal property losses, including cash, are not eligible for reimbursement under the VOC Program. The VOC Program also cannot reimburse applicants for expenses related to the prosecution of an alleged perpetrator or compensate applicants for "pain and suffering."

An expense submitted more than three years after it is incurred by the victim or derivative victim is not eligible for reimbursement.

Limits on Assistance

For crimes committed before January 1, 2001, the total of all payments to or on behalf of a direct victim cannot exceed the maximum VOC Program payment of $46,000 per claim. For crimes committed on or after January 1, 2001, the total of all payments to or on behalf of a direct victim cannot exceed $70,000 per claim. There are also specific limitations under the VOC Program, as follows:

• Outpatient medical expenses are reimbursed according to the Workers' Compensation Fee schedule.
• In-patient hospital expenses are reimbursed at 75 percent of billed charges.
• Outpatient mental health counseling expenses are limited as follows:
  1. Up to $10,000 for a direct victim.
  2. Up to $10,000 each for a surviving parent, sibling, spouse, child, or fianc* of a victim who dies as a direct result of a crime.
  3. Up to a combined total of $10,000 for up to two adults who are the primary caretakers of a child victim of physical or sexual abuse.
  4. Up to $3,000 each for all other eligible derivative victims.
• Lost wages may be reimbursed for no more than two or three years (depending on the extent of disability) for crimes committed before January 1, 2001. For crimes committed on or after January 1, 2001, lost wages may be reimbursed for no more than five years.
• Any time limits for wage loss benefits for victims who become permanently disabled as a result of a crime is eliminated for crimes committed on or after January 1, 2001.
• Parents or guardians of a child who is hospitalized or killed as a result of a crime committed on or after January 1, 2001 may be reimbursed for wages lost for a period of 30 days.
• Loss of support may be reimbursed for no more than two years for a legally dependent adult/spouse or up to a dependent minor's eighteenth birthday. For crimes committed before January 1, 2001, no more than a total of $46,000 may be paid to one family as a result of a single crime. For crimes committed on or after January 1, 2001, no more than a total of $70,000 may be paid to one family as a result of a single crime.
• Funeral/Burial expense reimbursement is generally limited to $5,000.

Reimbursements from Other Sources

By law, the VOC Program is the "payer of last resort." If any other sources of reimbursement are available for the applicant's crime-related losses, they must be used before the applicant becomes eligible for VOC Program assistance. Applicants are responsible for informing the VOC Program of all reimbursement sources for their losses. Applicants are also responsible for repayment of any amounts for which it was later determined they were not eligible. Other reimbursement sources that may be available include, but are not limited to:

• medical/health, dental, or vision insurance
• public program benefits (Medi-Cal, unemployment insurance, or disability benefits, etc.)
• auto insurance
• workers' compensation benefits
• court-ordered restitution
• civil lawsuit recoveries

Statutory Lien Rights

The state is entitled to recover the amount of assistance granted to a victim out of any recovery by or on behalf of the victim from any third party liable for the victim's losses. This right is secured by a statutory lien against the recovery (Government Code Section 13966.01). The state is also entitled to recover the amount of assistance granted out of any form of workers' compensation (Labor Code Section 4903(h)). The VOC application includes a notice of the state's lien and recovery rights.

How to Apply

Assistance from the VOC Program is sought by completing a VOC Program application. Applications may be obtained from local countyVictim/Witness Assistance Centers, by calling the VOC Program at 1-800-777-9229, or downloaded from our website at http://www.boc.ca.gov/FormsVOC.htm.

Victim/Witness Assistance Centers also employ staff who are trained to assist victims in applying for compensation under the VOC Program.

Applicants may also seek assistance from an attorney. Attorney representatives are reimbursed directly by the VOC Program in an amount equal to 10 percent of an approved award, up to a maximum of $500.

Emergency Awards for up to $2,000 for wage/income loss, funeral/burial expenses, emergency medical treatment expenses, and domestic violence relocation expenses may also be requested. Emergency Awards must be filed within one year of the date of the crime. Requests for an Emergency Award are made by checking the appropriate box in the Loss Information Section on the VOC application. If granted, an Emergency Award represents an advance pending the full verification of the application. The applicant must repay any amount awarded by the VOC Program if the application is later found to be ineligible.

Time Limitations for Filing an Application

The application for an adult victim (18 years or older at the time of crime) must be filed with the VOC Program within one year of the crime. The Board may, for "good cause," grant an extension to file an application up to three years after the date of the crime.

The application for a minor victim (under 18 years of age at the time of the crime) must be filed with the VOC Program before the minor's 19th birthday. The Board may, for "good cause," grant an extension to file an application up to the minor's 21st birthday.

The Board may grant an additional extension of time for victims and derivative victims to submit claims who are called to testify after January 1, 2001 for a crime that could have occurred at anytime. This extension applies under the following circumstances:

• For an individual who is called to testify in a proceeding against a defendant as a victim of prior acts of the defendant in a trial for sex crimes or domestic violence, as specified.
• For a victim of a sexually violent offence who is called to testify in a hearing to determine whether the offender should be committed as a sexually violent predator.

The application filing deadline for derivative victims with no losses can be met without filing separate VOC applications for each person. Instead, the direct victim (including persons filing applications on behalf of minor victims (i.e., parent and/or legal guardian), or derivative victims of a deceased victim can request a "Family Member or Dependent Victim" application by checking the appropriate box under the Loss Information section of the VOC Program application. Thereafter, either local Victim/Witness Assistance Center or VOC Program staff will provide the requested "Family Member of Dependent Victim" application form for completion. If the derivative victim information is received within the filing deadline for the direct victim, or is accepted as part of a late application filing, the derivative victim filing deadline will have been met. It is not necessary to file a full VOC Program application until the derivative victim has crime related losses or it is anticipated that losses will be incurred in the near future.

How the Application is Reviewed

After receiving an application and related documentation, including a complete crime report, VOC Program staff reviews the information to determine if the victim and/or the applicant are eligible for assistance. This involves verifying all the information in the application. Witnesses to the crime, law enforcement officials in the investigation and prosecution of the crime, physicians, counselors, hospitals, and employers may be contacted for a verification of the injuries, losses, and expenses incurred as a result of the crime.

Upon completion of the application review process, staff makes a written recommendation to approve or deny the claim. Recommendations are generally made within 90 days of receiving the application. The applicant is advised by mail of all staff recommendations. If the applicant agrees with the recommendation, the recommended action is adopted by the Board at the next regularly scheduled hearing.

Appeal Rights

If VOC Program staff makes a recommendation that the applicant disagrees with, they have the right to request that the claim be discussed by the three-member Board at a public hearing. If the outcome of this public hearing is not satisfactory, the applicant may request that the Board reconsider its decision. A reconsideration request must be accompanied by new and relevant information or documentation not considered before the hearing. Finally, if the applicant does not agree with the outcome of the Board's final decision, a Writ of Mandate may be filed in the Superior Court.

For More Information

For more information regarding the Victims of Crime Program, contact the Victims Program toll-free at 1-800-777-9229; or the Statewide Victims Resource Center toll free at 1-800-VICTIMS (842-8467) You may also wish to write to the Program at:

California Victim Compensation and Government Claims Board
Victims of Crime Program
P.O. Box 3036
Sacramento, CA 95812-3036