Legal Requirements • The Crime must be a Felony or Class A Misdemeanor that results in bodily injury or death to the victim • The crime must have occurred in Indiana, or to a resident of Indiana in a location other than Indiana, if that location does not have a similar Violent Crime Victim Compensation Program • An application must be filed within 180 days after the date the crime was committed • The Division may accept an application for up to 2 yrs upon receipt of a written request to waive the limit and a brief explanation of the reason for the delay in submission • No application may be accepted more than 2 years after the date of crime unless the victim: a. Was the victim of a sex crime, and b. Was under 18 years of age at the time of the crime, and c. Did not reveal the crime with 2 years after the date of crime • The crime must be reported to law enforcement within 72 hours, and the victim must cooperate with law enforcement toward the arrest and prosecution of the suspect • The victim must have sustained a physical injury and incurred a minimum of $100 in out of pocket medical expenses for treatment of that injury • The victim must provide copies of itemized bills for all services, receipts for any out-of-pocket expenses paid, and other supporting documentation required to document financial losses incurred. • No reimbursement can be made for expenses without this supporting documentation What Is a Violent Crime? • A violent crime is defined as a Felony or Class A Misdemeanor that results in bodily injury or death to the victim • Examples of a violent crime include: Assault, Battery, Child Abuse, Domestic Violence, Sexual Assault, DWI, and Homicide • Crimes involving a motor vehicle are eligible only if the driver of the vehicle is charged with driving while intoxicated or if the driver intentionally used the vehicle as a weapon Reimbursable Expenses • A maximum award of up to $15,000 may be awarded for: – Reasonable out-patient services, including but not limited to: medical, hospital, surgical, lab, x-ray, pharmacy, physical therapy, dental, optometry, and ambulance expenses incurred within 180 days of the date of crime – Reimbursement of expenses for outpatient mental health counseling may be extended for up to 2 years from date of crime if the victim: d. Was the victim of a sex crime, and e. Was under 18 years of age at the time of the crime, and f. Did not reveal the crime with 2 years after the date of crime – Up to $3,000 for out-patient counseling, provided on an individual basis, for issues related to the violent crime • Reimbursement can be issued only for services provided by a licensed mental health provider – Up to $5,000 in funeral, burial or cremation expenses – Loss of Income for victims who were employed on the date of crime and have a physician certification of the dates that they were unable to work due to injuries directly resulting from the crime – Loss of support for legal dependents of a crime victim who was killed • Requires verification of legal dependent status (marriage and support, or paternity and court ordered child support) Expenses That Are Not Reimbursable • Property damage and replacement of property or cash • Moving, relocation or daily living expenses • Rent, utilities, food • Travel Expenses including but not limited to gasoline, parking fees, tolls, meals, or lodging • Crime scene cleanup • Burial clothing, funeral flowers, food • Attorney fees - other than fees charged to represent the victim at an Administrative Hearing before The Division • Pain & Suffering • Medical expenses incurred for treatment of injuries that are not a direct result of the crime Who Is Eligible • An innocent victim of a violent crime, including a crash caused by a driver who is charged with driving while intoxicated • A person who is injured or killed trying to prevent a violent crime or giving aid to a law enforcement officer • A surviving spouse, dependent child or other legal dependent of a victim who has been killed as a result of a violent crime Who Is Not Eligible • A victim who did not receive a physical/bodily injury as a result of the crime • A victim who did not incur $100 in out-of-pocket expenses for treatment of that bodily injury • A victim who has engaged in conduct that caused or contributed to the crime occurring • A victim who was injured while committing, attempting to commit, participating in or attempting to participate in a criminal act • A victim who did not report to law enforcement within 72 hours and/or does not cooperate with law enforcement toward the arrest and prosecution of the suspect • A victim who is injured while confined in a correctional facility • A victim who receives collateral source benefits in excess of $15,000 • A person who is injured or killed in a hit and run accident or by a driver who was not charged with driving while intoxicated Cooperation with Law Enforcement/ Contributory Conduct/Illegal Activity The Division is required to obtain information from law enforcement verifying that the crime was reported within 72 hours, the victim is cooperating with law enforcement toward the arrest and prosecution of the suspect, and that there was no illegal activity or conduct by the victim that caused or contributed to the occurrence of the crime. If there is evidence of lack of cooperation, contributory conduct or illegal activity, we may deny compensation. How To Apply Applications may be submitted on-line, by mail, fax, e-mail, or in person to the Division. Victims who do not have on-online access may submit a paper application. Paper applications are available on the ICJI website, from Victim Advocates at Police Departments & Prosecutor Offices, or can be requested by contacting ICJI’s office. Paper applications and supporting documentation may be submitted by fax: 317-233-3912; or by mail at: Indiana Criminal Justice Institute, Victim Compensation Division, Violent Crime Victim Compensation Program, 101 W. Washington Street, Suite 1170 East, Indianapolis, IN 46204. What Happens Next? The Division reviews all applications to determine eligibility. If the application is not complete or if additional information is needed, we will notify the applicant. If the requested information is not provided within thirty (30) days, the application may be denied. The Division may make an award in full, in part, or deny the claim. In the event that eligible expenses exceed the maximum award amount of $15,000, The Division will pro-rate the award to pay as many providers as possible. Checking The Status of Your Application Claimants will be able to check the status of their application on-line. When your application is received, ICJI will send an acknowledgement letter containing your claim number and password that can be used to access your account on-line. Providers who have submitted bills will be able to check the status of their bills online. Providers will log on using their Federal Tax ID# as their username and their Indiana Vendor Number as their password, and will need to enter the claim number to access status information. They will be able to view only the bills submitted for that particular claim number under their tax ID number. Payment Information When issuing an award, The Division shall apply the proceeds of the award in the following order: (1) Reasonable attorney’s fees as determined by The Division (2) Outstanding medical and funeral expenses (3) Reimbursement of compensable out-of-pocket expenses (4) Loss of income the victim would have earned had the victim been injured (5) Loss of financial support that the victim would have supplied to legal dependents had the victim not died or been injured To determine the amount of award, we are required to subtract the following from our maximum award of $15,000: – Benefits from public/private pension programs, including Social Security – Benefits from proceeds of an insurance policy, settlements or civil litigation – Benefits from public funds, including Medicaid & Medicare – Unemployment Compensation & Workers Compensation – Amount of Court ordered restitution actually received – Trustee payments – Charitable contributions & donations – Provider Discounts & write-offs – All other collateral source payments Maximum Award $15,000 Collateral Source Payment: - (any/all of the above) Maximum Award Available Restitution/Recovery If Violent Crime Victim Compensation Program funds were awarded to you or to providers on your behalf and later you receive an insurance settlement, restitution or any other payment covering the same loss paid by The Division, you must repay the State of Indiana. What If I Don’t Agree With The Decision? Applicants have thirty (30) days from the date of the notice to send a written request for an appeal. This request should include a brief description of why you disagree with the determination, and copies of any documentation that supports your request. The Division will re-open the file for further review or schedule a hearing before an Administrative Law Judge. Appeal hearings are held telephonically, or upon request, in person at the Indiana Criminal Justice Institute office in Indianapolis. Contact Information: If you have questions about the Violent Crime Victim Compensation program you may contact The Division using the link below: http://in.gov/cji You may also contact us by telephone: toll-free at (800) 353-1484, by fax: 317-233-3912; or by mail at: Indiana Criminal Justice Institute, Victim Compensation Division, 101 W. Washington Street, Suite 1170 East, Indianapolis, IN 46204. |