1

Helping crime victims recover Helping crime victims recover from crime related costs.from crime related costs.

2

TRAINING OBJECTIVETRAINING OBJECTIVE

• To increase communication To increase communication within our officeswithin our offices

• To increase the number of To increase the number of residents applying to the Fundresidents applying to the Fund

• To increase the amount of To increase the amount of restitution collectedrestitution collected

3

Who is the Criminal Injuries Who is the Criminal Injuries Compensation Fund? (CICF)Compensation Fund? (CICF)

Established in 1977 by the Virginia General Established in 1977 by the Virginia General AssemblyAssembly

Administered by the Virginia Workers’ Administered by the Virginia Workers’ Compensation CommissionCompensation Commission

Payer of last resortPayer of last resort

4

AwardsAwardsFiling a Claim and EligibilityFiling a Claim and Eligibility

MUST BE AN INNOCENT VICTIMMUST BE AN INNOCENT VICTIM

CRIME MUST OCCUR IN VIRGINIA CRIME MUST OCCUR IN VIRGINIA (unless a Virginia (unless a Virginia Resident is in a country/territory without a Crime Victim Fund)Resident is in a country/territory without a Crime Victim Fund)

The person must have suffered a physical or The person must have suffered a physical or emotional injuryemotional injury

Eligible victim/claimant: Direct victim Eligible victim/claimant: Direct victim (18 or older), (18 or older), parent/guardian of a minor victim, legal guardian of incapacitated victim, parent/guardian of a minor victim, legal guardian of incapacitated victim, and surviving family members or other person who has paid for the and surviving family members or other person who has paid for the funeral or burial of deceased victim. funeral or burial of deceased victim.

Crime must be reported within 120 hours to policeCrime must be reported within 120 hours to police

VICTIM MUST BE COOPERATIVE WITH ALL VICTIM MUST BE COOPERATIVE WITH ALL PROSECUTION EFFORTSPROSECUTION EFFORTS

5

Benefits AvailableBenefits AvailableUp to 25,000.00Up to 25,000.00

Pre-Authorizations are availablePre-Authorizations are available

Medical ExpensesMedical Expenses

Dental ExpensesDental Expenses

Mental Health Mental Health ExpensesExpenses

Funeral ExpensesFuneral Expenses

Moving ExpensesMoving Expenses

Crime Scene Clean upCrime Scene Clean up

Mileage Mileage ReimbursementReimbursement

Wage LossWage Loss

Reasonable & Reasonable & Necessary Necessary

6

CICF Does Not CoverCICF Does Not Cover

• PROPERTY LOSSPROPERTY LOSS

• Attorney feesAttorney fees

• Pain and SufferingPain and Suffering

• InterestInterest

• Missed Missed AppointmentsAppointments

• Hit and RunHit and Run

7

How does a victim apply How does a victim apply to CICF?to CICF?

• Police/SheriffPolice/Sheriff

• Victim WitnessVictim Witness

• On-line application On-line application

• Commonwealth’s Attorney’s OfficeCommonwealth’s Attorney’s Office

• Probation/Community CorrectionsProbation/Community Corrections

• CICF directlyCICF directly

8

How is a decision made on what How is a decision made on what benefits a victim shall receivebenefits a victim shall receive

Victim completes the application and submits to Victim completes the application and submits to CICFCICF

Thorough investigation by claims examiners to Thorough investigation by claims examiners to determine that all $ requests are related directly to determine that all $ requests are related directly to the crimethe crime

Thorough investigation by examiners to determine Thorough investigation by examiners to determine if any collateral resources existif any collateral resources exist

A claim gets processed quicker when all agencies A claim gets processed quicker when all agencies are able to work together.are able to work together.

9

Collateral ResourcesCollateral Resources

Health InsuranceHealth Insurance

Social SecuritySocial Security

Life InsuranceLife Insurance

Medicare/Medicare/

MedicaidMedicaid

State and Local State and Local Hospitalization Hospitalization (SLH)(SLH)

Short Term Short Term DisabilityDisability

Automobile Automobile InsuranceInsurance

Civil LitigationCivil Litigation

RESTITUTIONRESTITUTION

10

APPROX. 2,000APPROX. 2,000 CLAIMS CLAIMS PER YEARPER YEAR

$3,000,000.00$3,000,000.00IN AWARDSIN AWARDS

COURTCOURT

RESTITUTION and Unclaimed = $RESTITUTION and Unclaimed = $634,063.56634,063.56

11

HOW DO WE DO IT??HOW DO WE DO IT??

NO TAX DOLLARSNO TAX DOLLARS

COURT FEESCOURT FEES

COURT ORDERED RESITUTIONCOURT ORDERED RESITUTION

VOCA GRANTVOCA GRANT

CREATIVE FUND RAISINGCREATIVE FUND RAISING

12

FUND DEVELOPMENTFUND DEVELOPMENTRECOVERY AND RESTITUTION IS STATUTORILY MANDATED

§19.2-368.5(D) OF THE CODE OF VIRGINIA, STATES IN PART:

“…If a criminal prosecution occurs regarding the same alleged crime, the attorney for the Commonwealth

shall request the court to order restitution. Any such restitution shall be paid over to the Comptroller for

deposit into the Criminal Injuries Compensation Fund to the extent of the amount of the award paid

from the Fund…”§19.2-368.15 OF THE CODE OF VIRGINIA, STATES IN

PART: “…shall subrogate the Commonwealth, to the extent of such award, to any right or right of action accruing to the claimant or the victim to recover payments on account of losses resulting from the crime with respect to which the

award is made…”

13

PRE-SENTENCE REPORTSPRE-SENTENCE REPORTSor Those ‘To be Determined’ ordersor Those ‘To be Determined’ orders

Talk to CA about the difficulty in Talk to CA about the difficulty in following an order with no informationfollowing an order with no information

Provide Court and CAs with a completed Provide Court and CAs with a completed checklist checklist

Talk to Victim Witness Office to assist in Talk to Victim Witness Office to assist in providing this informationproviding this information

Contact CICF to assist in determining Contact CICF to assist in determining restitution amountsrestitution amounts

14

Unjustly Enriching the Unjustly Enriching the OffenderOffender

REMEMBER!! If CICF makes an award REMEMBER!! If CICF makes an award and restitution is ordered for the and restitution is ordered for the balance or difference of any amounts balance or difference of any amounts not paid by CICF, THEN the offender not paid by CICF, THEN the offender has a has a decreased decreased indebtedness at indebtedness at CICF’s expense!!CICF’s expense!!

19.2-368.4: a victim is eligible “unless the award would directly and 19.2-368.4: a victim is eligible “unless the award would directly and unjustly benefit the person who is criminally responsible…unjustly benefit the person who is criminally responsible…

15

Unclaimed RestitutionUnclaimed Restitution

§§19.2-305.1(E) of the Code of Virginia States, in 19.2-305.1(E) of the Code of Virginia States, in part:part:

““If restitution is ordered to be paid by the If restitution is ordered to be paid by the defendant to the victim of a crime and the defendant to the victim of a crime and the

victim can no longer be located or identified, victim can no longer be located or identified, the clerk shall deposit any such restitution the clerk shall deposit any such restitution

collected to the Criminal Injuries collected to the Criminal Injuries Compensation Fund for the benefit of crime Compensation Fund for the benefit of crime

victims”…”before making the deposit he shall victims”…”before making the deposit he shall record the name, last known address, and record the name, last known address, and

amount of restitution due each victim.amount of restitution due each victim.

16

Payment OptionsPayment Options

• Checks or money orders, which should be sent in with payment forms.

• Master Card, Visa Card and Debit card payments over the internet or

via phone.

All payments submitted MUST have Offender, Victim and Court

information

               

17

HOW TO CONTACT USHOW TO CONTACT US

For restitution or payment information:For restitution or payment information:Jennifer.Moss@VWC .state.va.usJennifer.Moss@VWC .state.va.us

For general claim information:For general claim information:CICFmail@vwc.state.va.usCICFmail@vwc.state.va.us

800-552-4007800-552-4007

For Forms, applications or other information:For Forms, applications or other information:

www.CICF.state.va.uswww.CICF.state.va.us