Compensation Program

In Idaho, a claim for benefits under the Crime Victims Compensation Act may be filed by:

• A victim
• The spouse or dependents of a deceased victim
• Authorized persons, such as a parent or guardian of a victim who is a minor

To be eligible to receive financial assistance, the following conditions must be met:

• The crime must have been committed in the state of Idaho after July 1, 1986. (Victims of crime occurring in other states can contact the Crime Victims Compensation Program in that state for information on where to file a claim.)
• The crime must be reported to law enforcement officials within 72 hours of the crime or there must be documented good cause why it was not.
• The victim/claimant must fully cooperate with law enforcement officials in the investigation and prosecution of the crime.
• The victim/claimant must file a claim with the Idaho Crime Victims Compensation Program within one year of the crime or show good cause why they did not.
• The victim/claimant's own misconduct must not have caused or contributed to the injury. (Depending on the misconduct, eligibility may be denied or the award reduced)

The Crime Victims Compensation Program provides funds to the victim/claimant after all other sources of payment have been exhausted, up to a maximum of $25,000. When your claim is approved, payment may be made for reasonable expenses which are the direct result of the crime, including:

• Medical/Counseling - Payments may be made for physician and hospital services, medicine, counseling, and other approved treatment, subject to a maximum benefit of $2,500 for mental health treatment. Family members of sexual assault or homicide victims may also be eligible for counseling benefits.
• Wage Loss - Compensation may be provided for lost wages if the victim loses more than one week of work as a result of his/her injuries. Compensation is paid at a rate of 66 2/3% Of the victim's weekly wage at the time of the crime, subject to a maximum of $175 per week.
• Funeral Expense - Benefits may be paid for funeral expenses up to a maximum of $2,500.

Note: Additional limits on the amount paid by this program may exist.

Under the program, there are certain expenses related to a crime that are not covered under the Crime Victims Compensation Act. This includes expenses related to:

• Property loss
• Pain and suffering
• An injury that results from a traffic accident, unless it was intentionally inflicted by the operator of the vehicle; the operator was driving under the influence of alcohol/drugs; or the other driver left the scene of the accident
• Payment under the program that would benefit an offender and/or accomplice
• Treatment of a victim of a criminal attack which occurs while the victim was confined in a prison or other correctional facility
• An injury that is sustained by the victim while engaged in felony activity or a misdemeanor DUI-driving under the influence of alcohol/drugs (expense reimbursement may be reduced, depending on the circumstances)

To file a claim for benefits under the Crime Victims Compensation Act, you will need to complete a Crime Victim's Application for Compensation form. You can obtain the form at any of these locations:

• Idaho Industrial Commission offices
• Law enforcement agencies
• Prosecuting attorney offices
• Hospitals Completed forms should be mailed to:
  Idaho Industrial Commission
  Crime Victims Compensation Program
  P.O. Box 83720
  Boise, Idaho 83720-0041.

The Crime Victims Compensation Program is funded by:

• Fines imposed as a result of felony and misdemeanor convictions
• Judgments imposed on offenders
• A federal grant and restitution from offenders

According to Idaho law, the victim/claimant is entitled to reimbursement from the guilty party for expenses directly related to the crime. This reimbursement is called restitution.

The victim/claimant should contact the county prosecuting attorney's office about ordering restitution as soon after the charges are filed as possible. The prosecuting attorney's office will assist in preparing a restitution statement to inform the judge of your reimbursable expenses and enable the judge to determine and order the appropriate restitution. If restitution is determined inappropriate, an order giving the reasons for the denial will be issued by the court.

When the victim/claimant is awarded restitution after receiving benefits from the Crime Victims Compensation Program, the Crime Victims Program is reimbursed first, with the remainder paid to the victim/claimant.

Upon receipt of a Crime Victim's Application for Compensation form, the Case Manager requests copies of documentation of the crime, since there must be documented proof that the victim meets eligibility requirements before financial assistance can be provided. Documentation may be obtained from law enforcement agencies, prosecuting attorneys, related community agencies (i.e. the Department of Health and Welfare, Child Protective Services), witnesses, physicians, service providers, etc. The victim/claimant may be requested to provide additional information about the criminal incident.

Once the requested information is received, a determination is made to award benefits or deny the claim. The victim/claimant will receive written notification from the Crime Victims Compensation Program of the decision.

No, the offender does not have to be convicted for the victim to be eligible for compensation. However, a victim/claimant must fully cooperate with law enforcement and court officials, and there needs to be sufficient evidence to show there was a crime committed.

Insurance benefits and other available resources must be used or exhausted prior to payment of benefits by the Crime Victims Compensation Program. If benefits from these sources do not cover the full amount of losses, funds from the Crime Victims Compensation Program may be applied to the remaining obligations.

Other sources for payment include: health insurance, life insurance, Medicaid/Medicare, veterans benefits, workers' compensation, social security, disability insurance, sick leave paid by employers, restitution from the offender, and employee assistance programs.

The Idaho Industrial Commission is the state agency responsible for administering the Idaho Crime Victims Compensation Act. The Commission administers the Act because of its expertise in dealing with the disabled and resolving disputes.

This is published for informational purposes only and is not a detailed description of all your rights under the law. Contact the Idaho Industrial Commission Crime Victims Compensation Program office in Boise if you have questions or need further clarification. A printed version of this publication is available upon request in large print and on audio cassette.

Copias en espanol estan disponibles y se pueden solicitar por escrita.

Publication costs are available from the Industrial Commission in accordance with s60-202, Idaho Code.

• AA/EEO employer 9-95/CVBRCH/2500

Send completed application forms or address your questions about the Crime Victims Compensation Program to:
Idaho Industrial Commission
Crime Victims Compensation Program
317 Main Street, P.O. Box 83720,
Boise, ID 83720-0041

Phone: 208-334-6080 or 800-950-2110 (voice and TDD)
Fax: 208-334-2321