Victim Services
Download
Report
Transcript Victim Services
Municipal Court Conference
May 9, 2013
Laramie, Wyoming
DIVISION OF VICTIM SERVICES
Division’s Primary Responsibilities
The Division of Victim Services is a division within the
Office of the Attorney General.
Determine eligibility for crime victims’ compensation
Manage state and federal funds granted to local victim
service providers
Monitor local programs for compliance
Provide outreach and education regarding victims’
rights and victim services
Victim Service Providers in Wyoming
24 DV/SA providers - 1 in each county and 1 on the WRIR
10 V/W programs in Prosecuting Attorney's Offices
11 V/W Programs in Law Enforcement Agencies
6 Dual DV/SA - VW Programs
2 Independent V/W programs
1 USM, 1 FBI, 1 DOC and 1 BOP
4 CASA Programs
3 Child Advocacy Centers
1 Family Justice Center
Crime Victims’ Bill of Rights in a
Nutshell
Be treated with compassion, respect and sensitivity within
the criminal justice system.
Crime Victims’ Bill of Rights in a Nutshell
The right to know the whereabouts of the offender.
Crime Victims’ Bill of Rights in a Nutshell
The right to receive restitution from the offender.
Crime Victims’ Bill of Rights in a Nutshell
The right to know all rights under this law,
including information about services and victims
assistance at the local level.
Crime Victims’ Bill of Rights in a Nutshell
The right to know about victims’ compensation.
Crime Victims’ Bill of Rights in a Nutshell
The right to reasonable protection and safety and the right
to know of legal recourse if threatened.
Crime Victims’ Bill of Rights in a Nutshell
The right to prompt return of property.
Crime Victims’ Bill of Rights in a Nutshell
The right to preservation of employment while
participating in the criminal justice process.
Crime Victims’ Bill of Rights in a Nutshell
The right to be informed about the opportunity to
make a victim impact statement at sentencing and
parole hearings.
Crime Victims’ Bill of Rights in a Nutshell
The right to be present at trial.
Important Statutes
Compensation
W.S. 1-40-101 et seq.
Established the Crime
Victim’s Compensation
Account
Determines who is eligible
What will be covered
Division of Victim
Services
W.S. 9-1-638
Established the Division
and outlines our duties
VICTIM LOSSES
Tangible
Intangible
Property
Control
Money
Self Respect
Loved
Faith
ones
Pets
Life
Trust
Freedom
VICTIM NEEDS
Medical Assistance
Venting…to tell their story
To feel safe…to be safe
To have control over their lives—ability to make
decisions
Understanding what is happening to them…what will
happen next
Financial assistance
Compensation
Crime Victim Compensation
Mission: To assist crime victims with out-of-pocket
expenses incurred due to crime
Program was established for victims who have
sustained actual physical harm or actual mental
harm because of the criminal act perpetrated
against them
Definition of a Victim:
A person who suffers personal injury or
death as a direct result of:
Criminal act of another person
Attempting to prevent a criminal act, assisting
LE
Assisting another person or attempting to stop a
criminal act
Federal Crime
Resident killed or injured by an act of terrorism.
Compensation Statistics
During SFY2012, 566 claims were received in
our office
482 claims approved
$1,478,745.89 was paid out to crime victims
injured in Wyoming
$1,178,929.30 Medical/Dental
$108,735.39 Mental Health
Remainder of funds for: Economic Support,
Funeral/Burial, Crime Scene Clean-Up, SANE Exams,
and “other”
Where Does The Money Come
From?
Surcharge fees
Federal Victims of Crime Act Program
Restitution/Recovery from Offenders
Compensable Crimes Include:
Homicide
Kidnapping
Sexual Assault
Robbery
Child Physical Abuse
Assault
Child Sexual Abuse
DUI
Indecent Liberties w/a
Certain Vehicular
minor
Domestic Violence
Related Crimes
Acts of Terrorism on US
Soil and Abroad
Requirements
Crime had to occur in Wyoming
Some proof a crime was committed is required
Arrest NOT required
Prosecution is NOT required
Conviction is NOT required
Compensable Losses Include:
Mental Health Counseling and Care
Medical, Dental & Hospital Service
Articles Taken As Evidence
Out-of-pocket expenses
Funeral/Burial Expenses
Loss of Earnings
Loss of Support for Dependants
Mileage Expense
to/from medical appointments
Victim Bill of Rights W.S. 1-40-203 (D)(iv) states
that victim should be informed of the State’s
compensation program
“To be provided information about compensation
available under the Crime Victims Compensation Act as
provided in W.S. 1-40-101 through 1-40-119.”
Compensation Eligibility
Who is eligible
Who is not eligible
Contributory conduct
Crime Reporting Requirements
(Eligibility Requirements)
Crime should be reported to law
enforcement.
Some verification that a crime occurred is
necessary.
The victim suffered physical/mental injury
as a result of the criminal act.
Victim should cooperate with the
investigation and prosecution.
Timely Filing Requirements
Adult claims must be filed within one year
from the date the crime was committed.
Children, one year from the date the crime
was reported.
Exceptions:
May be extended for “good cause”
Ineligible
People who are injured during the commission of a
crime
People incarcerated or in a community correctional
facility at the time of the crime
Victims of property crimes
People who commit a felony after filing for
compensation
People who commit a misdemeanor personal crime
after filing for compensation
People who file a claim after the expiration date
Contributory Conduct
Reductions
From 15% to 85%
Reductions are cumulative
50%
Violating conditions of bond, probation or parole
Knowingly and willingly entering a vehicle driven by an
intoxicated person
Assisting, attempting to commit or committing a
misdemeanor criminal act
Driving without a license or under suspension
Driving without insurance
25% reduction
Provoking the offender in
a manner where bodily
harm is likely
Failure to retreat or
withdraw when an option
to do so is readily available
15% reduction
Use of obscene/fighting
words or threatening
gestures
Poor judgment due to
alcohol consumption
Victim continues to
provoke the offender
escalating the situation
(i.e. road rage)
Denial of Claims
Victim was assisting, attempting to commit or
committing a felony crime
Mutual combat—victim challenges or is challenged to
fight and accepts the challenge
Victim is incarcerated at the time of the incident
Victim was at the time of the crime, under felony
indictment
Victim is charged with DUI/DWI or Reckless Driving
Traffic offenses/ Property Crimes (not eligible)
W.S. 1-40-104(b)(i):
Police Reports and Records
The division is empowered to request access to
any reports of investigation, medical records, or
other data necessary to assist the division in
making a determination of eligibility for
compensation. Upon authorization of the
Attorney General, law enforcement officials,
state agencies, and local government units shall
provide assistance or information requested by
the division.
Compensation Limits
$15,000 per claim per victim per crime
$4,000 per calendar year for counseling
$500 limit on articles taken as evidence
$500 limit on crime scene clean-up
$1,500 limit on benefits for associated
victims
$10,000 catastrophic loss (available in some
circumstances)
Catastrophic Injury
W.S. 1-40-102 (c) (xi) Permanent disability
of limbs or functions as a result of being a
victim of a crime
Provides an extra $10,000 to aid the victim
for lost wages, special home or vehicle
renovations, special home health care,
special education or training (not covered
by other resources)
Appeals
The victim may appeal a claim which has been
denied or reduced
Appeal Process
30 days from the date of the award notice
Appeal needs to be in writing
Appeal needs to come from the victim/claimant
Reviewed and back to victim/claimant in 60 days
Division Staff
Cara Boyle Chambers, Director
Steve Gilmore, Deputy Director
Cathy McDonald, Administrative Assistant
Jamie Chavez, Special Projects Program Mgr.
Jean Courts, Compensation Claims Specialist
Nanette Alaniz, Program Manager
Kandice Hansen, Program Manager
Traci Hodgins, Program Manager
CONTACT INFORMATION
Cara Boyle Chambers
Director, Division of Victim Services
Office of the Attorney General
122 West 25th Street
Herschler Building, 1st Floor West
Cheyenne, WY
307-777-7200 phone
307-777-6683 fax
http://victimservices.wyoming.gov
THANK YOU!!!!