Crime Victims Compensation Program

The Crime Victims Compensation Program assists innocent victims of violent crime and their families with crime-related expenses such as funeral and burial costs, medical and mental health costs, lost wages, loss of support and services, clean up of a crime scene and, for victims of domestic violence, the cost of temporary shelter. Through the services of a victim advocate, crime victims receive assistance in filing applications; locating victim service programs, support groups, or mental health counselors; and handling quality of life issues that arise after victimization.

Crime Victim Compensation Brochure [76k]

Eligibility Requirements

To be eligible to receive compensation from the Crime Victims Compensation Program the following requirements must be met:

1. The victim must have suffered personal injury (physical injury or emotional trauma) or death in the District of Columbia, or the victim must be a resident of the District and have suffered personal injury as a result of a terrorist act or act of mass violence committed outside of the United States.
2. The crime must be reported to law enforcement within seven days of occurrence. Exception: victims of sexual assault may satisfy reporting requirement by obtaining a sexual assault examination, victims of domestic violence may satisfy requirement by seeking a civil protection order, and the reporting requirement is met by victims of child cruelty if a neglect petition is filed in D.C. Superior Court.
3. Application for compensation must be filed within one year of the occurrence of the crime, or within one year of learning of the program with adequate showing that the delay was reasonable.
4. The victim must cooperate with the reasonable requests of law enforcement to apprehend the offender.
5. The victim may not have participated in, consented to, or provoked the crime that caused his or her injury.
6. The award of compensation may not unjustly enrich the offender.

Who May Apply?

• The primary victim, meaning the person who was injured;
• The secondary victim, meaning the primary victim's spouse, children, parents, siblings, grandparents, or spouse's parents; a person who resides in the victim's household at the time of the crime or at the time of the discovery of the crime; a person who is a survivor of a victim and who was dependent upon the victim for care and support at the time of the crime; or a person who legally assumes the obligation, or who voluntarily pays the medical expenses, or funeral expenses for a victim.
  

What Is a Crime of Violence?

The offense of, or attempt to commit the offense of:

• arson
• assault
• negligent homicide
• sexual abuse
• kidnapping
• murder
• robbery
• carjacking
• cruelty to children
• stalking
• burglary
• unauthorized use of explosives
• reckless driving
• driving under the influence of alcohol or drugs
• terrorist acts

Applications

Application For Crime Victims Compensation [67k]

Applications may also be obtained by telephoning the Crime Victims Compensation Program at 202-879-4216, or visiting the office in person. The Compensation Program staff is available to provide assistance in filing the application and to answer questions about the program and the services offered. To facilitate the claims process it is helpful if the claimant supplies as much information as possible.

You should bring or mail copies of the following:

• the police report or report number;
• medical reports and bills;
• evidence of employment and lost wages; and
• court documents related to the crime.

Procedures

Completed applications are reviewed by claims examiners. All information in the application is verified by contacting the related law enforcement agency, employer, hospital, or other related agency or organization. Claims examiners make recommendations on the approval of applications to the program director who determines the outcome. The claimant is notified by mail of the determination and informed of the appeal process and the availability of pro bono legal services. If there is new or previously unavailable information, the claimant may file a Request for Reconsideration within 30 days of the initial determination. If the applicant disagrees with the determination, an Appeal must be filed within 30 days. The Appeals Board reviews the application, all supporting documents in the file, and the determination made by the Director. The Appeals Board may recommend a hearing if additional information is needed. A further appeal for judicial review may be made to the chief judge of the Superior Court within 30 days of an appeals board decision. All Requests for Reconsideration and Appeals are filed in the Crime Victims Compensation Program Office.

Maximum Award

By law, the Crime Victims Compensation Program may not award compensation in excess of $25,000 for any one claim. A claim refers to all requests for compensation arising from a single victimization.

Compensable Costs

• Medical expenses
• Mental health counseling: up to $3,000 for adults, $6,000 for children (also for secondary victims)
• Physical or occupational therapy, or rehabilitation.
• Lost wages: not to exceed 52 weeks or $10,000
• Loss of support to dependents (where victim is deceased and social security is denied): up to $2,500 per dependent, not to exceed $7,500 per victimization
• Funerals: up to $6,000
• Crime scene clean up; not to exceed $1,000
• Replacement of clothing held as evidence by law enforcement: not to exceed $100 (does not apply where victim is deceased)
• Temporary emergency food and housing (made necessary as a result of the crime): not to exceed 120 days or $400 for food costs and $3,000 for housing costs
• Moving Expenses: (necessary as a result of the crime, where the health and safety of the victim are jeopardized) up to $1,500, not to exceed 120 days.
• Transportation Costs: to participate in the investigation or prosecution of the case, or to receive medical treatment or some other service necessary as a result of the crime $100 for local; and $500 for necessary out of state travel to receive services.
• Replacement of doors, windows, locks or other items to secure the victims' home: up to $1000.
• Reimbursement for Rental of an automobile while the victims' car is being held as evidence by law enforcement: up to $2000.
• Attorneys fees- to assist in the Appeal of a determination only: not to exceed $500 or 10 percent of award, whichever is less
• Emergency award: not to exceed $1,000

Note: Only the services described above are compensable. Pain and suffering and property damaged or stolen as a result of the crime are not compensable under the Crime Victims Compensation Program. Also, other benefits available to the victim, such as health, life, auto, or property insurance, Medicaid, Medicare, annual and sick leave programs offered by employers are deducted from the amounts payable by the Compensation Program.

Hiring an Attorney

It is not necessary to have an attorney to file a claim with the Crime Victims Compensation Program. The Crime Victims Compensation Program cannot pay attorney's fees for assisting a victim with the filing of a compensation application. The claimant may have an attorney or other representative present at any appeals proceeding. In addition to the amount of compensation awarded to a successful claimant, a reasonable fee may be awarded to the claimant's attorney for services rendered in connection with an appeals proceeding. Pursuant to D.C. Code §3-3-432(g), except for necessary costs, an attorney shall not charge, demand, receive, or collect a fee for services rendered in connection with a claim for compensation in excess of 10 percent of the claimant's award or $500, whichever is less.

Crime Victims Fund

Awards for compensation are paid from the crime victims fund. Monies in the fund consist of assessments imposed upon criminal defendants, a grant from the U.S. Department of Justice Office for Victims of Crime and a portion of the general revenue of the court.

Confidentiality

Information, records, and transcripts of hearings contained in the claims files are confidential and not open to public inspection. The claimant, his authorized representative, or a physician treating or examining the claimant are exceptions. Other persons may inspect the claimant's files and records only when rendering assistance to the court on a matter pertaining to the administration of the claim.

2007 Caseload Statistics [10k]

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