Helping crime victims recover from crime related costs.

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TRAINING OBJECTIVE

• To increase communication within our offices • To increase the number of residents applying to the Fund • To increase the amount of restitution collected

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Who is the Criminal Injuries Compensation Fund? (CICF)

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Established in 1977 by the Virginia General Assembly

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Administered by the Virginia Workers’ Compensation Commission

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Payer of last resort

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Awards

Filing a Claim and Eligibility

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MUST BE AN INNOCENT VICTIM

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CRIME MUST OCCUR IN VIRGINIA (unless a Virginia Resident is in a country/territory without a Crime Victim Fund)

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The person must have suffered a physical or emotional injury

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Eligible victim/claimant: Direct victim funeral or burial of deceased victim. (18 or older), parent/guardian of a minor victim, legal guardian of incapacitated victim, and surviving family members or other person who has paid for the

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Crime must be reported within 120 hours to police

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VICTIM MUST BE COOPERATIVE WITH ALL PROSECUTION EFFORTS

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Benefits Available

Up to 25,000.00

Pre-Authorizations are available

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Medical Expenses

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Crime Scene Clean up

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Dental Expenses

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Mileage Reimbursement

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Mental Health Expenses

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Wage Loss

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Funeral Expenses

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Moving Expenses

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Reasonable & Necessary

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CICF Does Not Cover

• PROPERTY LOSS • Attorney fees • Pain and Suffering • Interest • Missed Appointments • Hit and Run

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How does a victim apply to CICF?

• Police/Sheriff • Victim Witness • On-line application • Commonwealth’s Attorney’s Office • Probation/Community Corrections • CICF directly

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How is a decision made on what benefits a victim shall receive

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Victim completes the application and submits to CICF

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Thorough investigation by claims examiners to determine that all $ requests are related directly to the crime

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Thorough investigation by examiners to determine if any collateral resources exist

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A claim gets processed quicker when all agencies are able to work together.

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Collateral Resources

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Health Insurance

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Social Security

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Life Insurance

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Medicare/ Medicaid

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State and Local Hospitalization (SLH)

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Short Term Disability

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Automobile Insurance

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Civil Litigation

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RESTITUTION

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APPROX. 2,000 CLAIMS PER YEAR $3,000,000.00

IN AWARDS COURT RESTITUTION and Unclaimed = $ 634,063.56

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HOW DO WE DO IT??

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NO TAX DOLLARS

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COURT FEES

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COURT ORDERED RESITUTION

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VOCA GRANT

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CREATIVE FUND RAISING

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FUND DEVELOPMENT

RECOVERY AND RESTITUTION IS STATUTORILY MANDATED §19.2-368.5(D) OF THE CODE OF VIRGINIA, STATES IN alleged crime, the

“…

PART: “…If a criminal prosecution occurs regarding the same attorney for the Commonwealth shall request the court to order restitution from the Fund…” PART:

shall subrogate the Commonwealth award is made…”

. Any such restitution shall be paid over to the Comptroller for deposit into the Criminal Injuries Compensation Fund to the extent of the amount of the award paid §19.2-368.15 OF THE CODE OF VIRGINIA, STATES IN

, to the extent of such award, to any right or right of action accruing to the claimant or the victim to recover payments on account of losses resulting from the crime with respect to which the 12

PRE-SENTENCE REPORTS or Those ‘To be Determined’ orders  Talk to CA about the difficulty in following an order with no information  Provide Court and CAs with a completed checklist  Talk to Victim Witness Office to assist in providing this information  Contact CICF to assist in determining restitution amounts 13

Unjustly Enriching the Offender

REMEMBER!! If CICF makes an award and restitution is ordered for the balance or difference of any amounts not paid by CICF, THEN the offender has a decreased indebtedness at CICF’s expense!!

19.2 368.4: a victim is eligible “unless the award would directly and unjustly benefit the person who is criminally responsible…

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Unclaimed Restitution

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19.2-305.1(E) 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.

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Payment Options

• Checks or money orders, which should be sent in with payment forms.

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Master Card, Visa Card and Debit

card payments over the internet or via phone.

All payments submitted MUST have Offender, Victim and Court information

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HOW TO CONTACT US

For restitution or payment information: Jennifer.Moss@VWC .state.va.us

For general claim information: [email protected]

800-552-4007 For Forms, applications or other information: www.CICF.state.va.us

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