Training Objectives. To increase awareness of CICF as a resource for victims of crime To assist allied professionals in understanding how the Fund works and how our offices can work collaboratively to assist victims
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All 50 states, D.C. and several countries have crime victim compensation programs
Established in 1977 by the Virginia General Assembly
Administered by the Virginia Workers’ Compensation Commission, an independent judicial state agency
Payer of last resort
MUST BE AN INNOCENT VICTIM
CRIME MUST OCCUR IN VIRGINIA (unless a Virginia resident is in a country/territory without a Crime Victim Fund)
The person must have suffered a physical injury as the result of a crime or an emotional injury as the result of a VIOLENT FELONY. Automobile-related crimes are not eligible with the exception of DUI-related cases or intentional use of a vehicle as a weapon
Eligible victim/claimant: Direct victim (18 or older), parent/guardian of a minor victim, legal guardian of incapacitated victim, surviving family members or person who has paid for funeral/burial
Crime must be reported within 120 hours to police (unless good cause)
Claim must be filed with CICF within a year of the crime (unless good cause)
VICTIM MUST BE COOPERATIVE WITH ALL INVESTIGATION and PROSECUTION EFFORTS
Does CICF deny the claim for contribution, pay the claim, or grant a reduced award?
Takes in between 1700 and 2000 claims per year
Pays out an average of $3 million annually
4 Claims examiners for Commonwealth
Mental Health Expenses
(up to $5000)
Crime Scene Clean-up
Counseling for homicide survivors
(up to $2500)
Reasonable & NecessaryBenefits Available
Up to $25,000 available for crimes occurring 7/01/07 or afterUp to $15,000 for crimes occurring prior
Domestic Violence Loss of Support
A woman was bound and gagged in the trunk of her boyfriend’s car. He pulls up to an ATM and she frees herself from the trunk and runs into the first place she can…an American Family Fitness Center. She runs in and the Manager hides her behind the desk. The boyfriend walks in with a gun and threatens to kill anyone if they leave. He then turns the gun on himself and kills himself.
The women in the fitness center all want counseling…are they eligible?
When CICF reviews a claim, before payment is rendered CICF will negotiate the provider to accept a reduced rate as payment in full without balance billing the victim
§ 19.2-368.5:2 of the VA Code prohibits healthcare providers from pursuing debt collection activities against CICF claimants until an award decision has been made:
For the purpose of this section, "debt collection activities" means repeatedly calling or writing to the claimant and threatening either to turn the matter over to a debt collection agency or to an attorney for collection, enforcement or filing of other process. The term shall not include routine billing or inquiries about the status of the claim.
A Virginia couple is hit by an intoxicated driver while driving through D.C. –the wife sustained no injuries, but the husband sustained moderate injuries. The offender does not have car insurance.
The offender pled guilty to reckless driving. The judge ordered the offender to pay the husband’s medical bills.
Should the husband apply to CICF? Should the wife apply to CICF?
NO TAX DOLLARS
COURT ORDERED RESITUTION
CREATIVE FUND RAISING
§19.2-368.5(D) of VA Code states:
Upon awarding a claim pursuant to this chapter, the Commission shall promptly notify the attorney for the Commonwealth of the jurisdiction wherein the crime is alleged to have occurred.
If a criminal prosecution occurs regarding the same alleged crime, the attorney for the Commonwealth shall request the court to order restitution.
Victims should be made aware that the
Fund will actively pursue collection
efforts against convicted offenders.
Victims must then make their own
decisions with regard to their personal
An innocent victim of a malicious wounding has $30,000 in medical bills and $5,000 in property damage, as well as $2,000 in lost wages.
CICF pays out the max of $25,000.
Restitution is ordered to the victim in the amount of $37,000.00.
The defendant begins making payments.
You are monitoring the restitution payments. What do you do with the money?
§19.2-305.1(F) of the Code of Virginia states, in part:
“If restitution is ordered to be paid by the defendant to the victim of a crime and the victim can no longer be located or identified, the clerk shall deposit any such restitution collected to the Criminal Injuries Compensation Fund for the benefit of crime victims…before making the deposit he shall record the name, last known address, and amount of restitution due each victim.”
To respond to CICF requests for police reports and investigative information in a timely manner per 19.2-368.3(2)
To complete the “Brown Form”, particularly sections regarding the victim’s potential responsibility for injuries incurred and cooperation with law enforcement
CICF is an administrative process, your opinion along with hearsay evidence are allowable! Your opinion is important to us!THE ROLE OF LAW ENFORCEMENT
or call 804.367.0980
Potential situations for the ombudsman