Transcript KENTUCKY BOARD OF CLAIMS

Module 2
Kentucky Victim Assistance Academy
Lessons 2.7 – 2.9
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Learning Objectives 2.7:
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Demonstrate an understanding of the statutory
authority for the Crime Victims Compensation
Board
Demonstrate a clear understanding of the
requirements and process for a CVCB claim
Demonstrate an understanding of the Sexual
Assault Examination program managed by CVCB
Understand the various funding sources that
provide the financial resources for the CVCB
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KENTUCKY
Crime Victims Compensation Board
Virginia Woodward, Executive Director
130 Brighton Park Blvd.
Frankfort, KY 40601
502.573.2290
800.469.2120
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Crime Victims Compensation Board
Background
• The Crime Victims Compensation Board was
established by the Kentucky General Assembly in
1976, the 14th state to do so.
• The National Association of Crime Victims
Compensation Boards was established in 1977
• Victims of Crime Act, as part of a national
movement in support of crime victims, was passed
in 1984.
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Crime Victims Compensation Board
Statutory Authority
KRS 346
• Administered by an independent five-member Board
whose members also administer the Sexual Assault
Exam Program and serve on the Board of Claims.
• In regard to innocent victims of violent crimes, the Board
has the authority to investigate claim applications and
consider payment or reimbursement for the following
expenses related directly to the crime: funeral/burial,
medical/dental, mental health, loss of wages and
support, and repair or replacement of lenses.
• Awards per victim are capped at $25,000; included in
that cap is a $5,000 cap for funeral expenses.
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Crime Victims Compensation Board
Payor of last resort
Awards will be reduced by amounts received or
to be received from other sources, including:
•Insurance
•Settlement of a lawsuit
•Medicaid/Medicare
•Worker’s Comp,
•Social Security
•Restitution
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Crime Victims Compensation Board
Requirements for compensation
• Claimant must be an innocent victim of a chargeable
crime occurring in the state of Kentucky, or third party
responsible for payment, (either a resident or visitor to
the state)
• Incident must be reported to law enforcement within
48 hours (or justifiable reason must be provided); a
conviction is not required.
• Cooperation with law enforcement and prosecution
• A Government-issued identification number
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Crime Victims Compensation Board
Example of expenses not covered include:
• Injuries resulting from an automobile accident if not determined that
the driver causing the accident did so intentionally or violated DUI
laws.
• Property damage
• Expenses related to attending the trial (mileage, parking, lodging, etc.)
• Household living expenses
• Moving / relocation expenses
• Crime scene cleanup
• Pain and suffering, emotional distress, loss of consortium
• Child care
• Lost scholarships
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Claim Intake / Case number
assigned /acknowledgement
letter sent
Assigned to an
investigator
Investigation conducted
and report written
Determined
Ineligible
Consultation with Board
Attorney or Policy Advisor
if necessary
Ineligibility
letter sent
Application and
letter placed in
archive file.
File and Report submitted to Board Clerk
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Clerk assigns case to Board member for review
Board member reviews, writes recommendation, submits to Clerk
Clerk writes Recommended Order
Case reviewed by full Board and vote taken.
Clerk writes final order and sends copy to claimant.
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SEXUAL ASSAULT EXAM
PROGRAM
KRS 346.200 Sexual assault victim assistance fund.
•Establishes the sexual assault program within the CVCB.
KRS 216B.400 Examination services for victims of sexual
offenses -- Examination expenses paid by Crime Victims'
Compensation Board -- Reporting to law enforcement -Examination samples as evidence.
•Mandates provision of SAEs.
•Lists CVCB as a payor at rate established by reg.
•Prohibits billing of victim.
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SEXUAL ASSAULT EXAM
PROGRAM, Cont.
KRS 216B.400 Revised in 2010 to:
• establish victim’s right to determine reporting of
the assault;
• allow for other than the “original “form;
• expand definition of who may perform the exam;
• allow for storage and destruction of forensic
evidence.
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SEXUAL ASSAULT EXAM PROGRAM
Payment Procedure
• SAE providers submit payment forms to existing private
or public medical insurance providers.
• Uncovered expenses are paid by the CVCB directly to
SAE providers.
• KRS 216B.400(9) prohibits the hospital, the sexual
assault examination facility, the physician, the pharmacist,
the health department, the sexual assault nurse
examiner, other qualified medical professional, the
victim's insurance carrier, or the Commonwealth from
billing the victim.
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SEXUAL ASSAULT EXAM PROGRAM
Payment Procedure, cont.
• The victim may be charged for expenses not related
to the examination process (e.g., ambulance
expenses, follow-up care, hospitalizations, surgical
procedures).
• In such cases, the victim may file a claim with the
CVCB for such expenses.
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SEXUAL ASSAULT
Exam Program, Cont.
502 KAR 12:010. Sexual assault forensic-medical
examination protocol. Amended in 2011 to:
•specifically include HIV post-exposure treatment.
•provide protocol for collection, storage and
destruction of forensic evidence
107 KAR Payment schedule for sexual assault
examination of victims of sexual offences.
Amended in 2011 to:
• provide HIV post-exposure treatment payment
schedule.
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SEXUAL ASSAULT
HIV Post-Exposure Treatment
• Payment for this treatment will not be considered by the
CVCB if this is the only service a victim requests.
• Forms for payment – a voucher, initial visit and three followup visit forms –are available on the CVCB Web site.
• Each provider is responsible for filling out the appropriate
form.
• Call the CVCB / Lindsay Crawford, 502.573.2290, for
assistance or if you have questions.
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Forms for payment are available on the CVCB Web site
nPEP Pricing Schedule
Initial Exam
Labs (Rapid HIV, CBC, CMP)
7-day meds starter pack
Anti-nausea
$150
$200
$30
$380.00
First Follow Up (day 7)
Exam
Labs (Western Blot)
Meds (21-days)
$50
$50
$600
$700.00
Second Follow Up (day 13)
Exam
Labs (CBC, CMP and pregnancy test)
$50
$90
$140.00
Third and Final Follow Up (day 28)
Exam
Labs (CBC, CMP)
$50
$75
$125.00
Total $1,345
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Crime Victims Compensation Board
www.cvcb.ky.gov
or call
502.573.2290
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800.469.2120
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Crime Victims Compensation Board
3.4% of
collected court
costs
General Fund
Allotment
SOURCES
OF
REVENUE
60/40%
matching
federal grant
Court-ordered
restitution
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RESTITUTION
KRS 346.180 Award constitutes debt owed state –
Manner of payment
(1) “Any payment of benefits to or on behalf of a victim under this
chapter creates a debt due and owing to the state by any person
found to have committed such criminal act in either a civil or
criminal court proceeding in which he is a party. .”
(2) The court when placing any convicted person, who owes a debt
to the state as a consequence of a criminal act, on probation and
conditional discharge as provided in KRS 533.020 may set as a
condition of the probation or conditional discharge the payment of
the debt to the state. The court also may set the schedule or
amounts of payments to be made subject to modification based on
change of circumstances.
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346.180 (Continued)
(3) The parole board shall also have the right to make
payment of the debt to the state a condition of parole under
the provisions of KRS Chapter 439 subject to modification
based on change of circumstances.
KRS 533.030(3)
“..if as a direct result of the crime the victim incurred medical
expenses that were paid by the….Crime Victims
Compensation Board…the court shall order the defendant to
make restitution in addition to any other penalty provided for
the commission of the offense.
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COURT COSTS
24A.175 Court costs for criminal cases in District
Court -- Payment required -- Exceptions.
23A.205 Court costs for criminal cases in Circuit
Court -- Payment required -- Exceptions.
(3) …shall be mandatory and shall not be subject to probation,
suspension, proration, deduction, or other form of nonimposition
in the terms of a plea bargain or otherwise, unless the court finds
that the defendant is a poor person as defined by KRS
453.190(2) and that he or she is unable to pay court costs and
will be unable to pay the court costs in the foreseeable future.
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24A.175 and 23A.205, cont.
(4) If the court finds that the defendant does not meet the standard
articulated in subsection (3) of this section and that the defendant is
nonetheless unable to pay the full amount of the court costs, fees,
and fines at the time of sentencing, then the court shall establish a
show cause date by which time court costs, fees, and fines shall be
paid and may establish an installment payment plan whereby the
defendant pays the full amount of the court costs, fees, and fines to
the circuit clerk in installments as established by the court. The
court costs, fees, and fines under the installment plan shall be paid
within one (1) year of the date of sentencing notwithstanding any
remaining restitution or other monetary penalty owed by the
defendant and arising out of the conviction. Installment payments
will be applied first to court costs, then to restitution, then to fees,
and then to fines.
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453.190 "Poor person" defined -- When allowed to sue
without paying costs -- Application required -Treatment of inmates.
(1)A court shall allow a poor person residing in this state to file or defend any
action or appeal therein without paying costs, whereupon he shall have any
counsel that the court assigns him and shall have from all officers all needful
services and process, including the preparation of necessary transcripts for
appeal, without any fees, except such as are included in the costs recovered
from the adverse party, and shall not be required to post any bond except in an
amount and manner reasonable under the circumstances of his poverty.
(2) A "poor person" means a person who is unable to pay the costs and fees of
the proceeding in which he is involved without depriving himself or his
dependents of the necessities of life, including food, shelter, or clothing.
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453.190 "Poor person" defined, cont.
(3) Application to proceed without payment of costs and fees,
pursuant to subsection (1) herein, shall be made by motion
supported by the affidavit of the applicant stating the reasons that
he is unable to pay the costs and fees or give security therefore.
(4) No inmate shall be automatically allowed to proceed through the
courts in forma pauperis by virtue of his status as an inmate, nor
shall his incarceration lead to a presumption of impoverishment, or
constitute evidence of a rebuttable presumption of impoverishment.
(5) A court may consider the value of all of the benefits an inmate
receives by virtue of his incarceration and for which the inmate has
not monetarily reimbursed the Commonwealth, including, among
other things, the value of his room, board, medical care, dental care,
recreational programming, educational opportunities offered to the
inmate, legal services provided to the inmate without cost, clothing,
laundry, guard protection services, or any other benefit similarly
conferred upon the inmate.
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42.320 Court cost distribution fund -Disbursements -- Payments into general fund.
(1)There is hereby established the court cost distribution fund,
which is created to provide a central account into which the
court costs collected by all circuit clerks, under KRS
23A.205(1) and 24A.175(1), shall be paid.
(2) The fund shall be administered by the Finance and
Administration Cabinet, which shall make monthly
disbursements from the fund according to the following
schedule:
(g) Three and four-tenths percent (3.4%) of each court cost,
up to one million seven hundred thousand dollars
($1,700,000), shall be paid into the crime victims'
compensation fund created in KRS 346.185;
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COURT COST DISTRIBUTION
Fiscal Court
5.5%
Justice
.7%
CVCB
3.4%
County Sheriff
10.1%
Public Advocacy
3.5%
General Fund
49%
AOC
5%
Traumatic Brain Injury
5.5%
Spinal Cord & Head Injury
6.5%
General Fund
Correctional Facilities
Spinal Cord & Head Injury
Traumatic Brain Injury
AOC
State Treasurer /
Correctional Facilities
10.8%
49%
10.80%
6.50%
5.50%
5%
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Public Advocacy
Crime Victims Comp
Justice
Local County Sheriff
Local Fiscal Court
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3.50%
3.40%
0.70%
10.10%
5.50%
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PARTNERING FOR RECOVERY
What Can You Do?
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Remind the prosecutor to encourage the judge to
order restitution
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Promote full payment of court costs
•
Communicate with CVCB restitution officer
regarding status of the case
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QUESTIONS?
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Learning Objectives 2.8:
Parole Hearing
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Identify the Parole Board’s Role
Decision Making Process of the Board
Identify the what the Victim’s Role in the Hearing
Process
Identify Victim’s Rights in the Parole Process
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Role of the Parole Board
Mission
The Kentucky Parole Board will make decisions
that maintain a delicate balance between public
safety, victim’s rights, reintegration of the
offender and recidivism. We will achieve this
important balance by application of our Core
Values:
• Knowledge
• Experience
• Integrity
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Parole Board Organization
Chairperson:
Larry Chandler
Verman
Winburn
Caroline
Mudd
Shannon
Jones
George
Carson
Sarah
Johnson
Dwayne
Depp
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Parks
Amanda
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What does the Parole Board consider when deciding if an
inmate is granted Parole?
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The nature of the offense.
Any prior juvenile, misdemeanor, or felony convictions.
Input from victims and others who have been affected by the
crime.
Probation and parole history.
Institutional conduct, participation in rehabilitation programs
and relevant psychological evaluations.
Statements from the sentencing judge and prosecuting
attorney.
An evaluation of community resources available to help the
offender re-enter society.
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3 Possible Decisions
Serve Out
Deferment
Parole
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For to be free is not merely to cast off
one’s chains, but to live in a way that
respects and enhances the freedom of
others.
Nelson Mandela
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Victim Rights
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Testify in the parole hearing
Write an opinion about the inmate to be
considered in their parole hearing
Notification when an offender is coming up
for a parole hearing
Notification when the offender is scheduled
to be released on parole
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This Instructor Manual was produced by the Justice
and Public Safety Cabinet and Western Kentucky
University under 2011VFGXK004, awarded by the
Office for Victims of Crime, Office of Justice
Programs, U.S. Department of Justice. The
opinions, findings, and conclusions or
recommendations expressed in this Instructor
Manual are those of the contributors and do not
necessarily represent the official position or
policies of the U.S. Department of Justice.
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