Crime Victims' Compensation Program
Topics:
- Compensation For Victims of Crime
- Types of Compensation Benefits
- Compensation Eligibility
- Covered Compensation Losses/Expenses
- Exclusions
- Processing of applications - Deferred Applications
- How Applications Are Determined
- How to Submit An Application
- Claim Statistics (pdf)
- Collection Unit
COMPENSATION FOR VICTIMS OF CRIME
Every year, hundreds of people are injured or killed in this state as a result of violent crime. These people are victims of robberies, child abuse, assaults, rapes, domestic violence, homicides and other serious crimes. These innocent people endure the trauma of medical expenses and loss of earnings. In homicide cases, families suffer emotional grief, loss of financial support and funeral costs.
The State of Oregon has recognized the needs of victims and their families. In 1977 the Oregon Crime Victim's Compensation Program was enacted. This law provides a way to ease the financial losses of the victim and the victim's family as a result of violent crimes.
If you have been a victim of crime in Oregon, the Crime Victim's Compensation Program (CVCP) may be able to help you.
If you have not been a victim of crime in Oregon; click on the following link to access your individual state. http://www.nacvcb.org/progdir.html
"Victim" means a person who is injured or killed as a result of a compensable crime committed against the victim in the State of Oregon.
"Compensable Crime" means an intentional, knowing or reckless act by a person resulting in physical and/or emotional injury and/or death of another person which would be punishable as a crime.
TYPES OF COMPENSATION BENEFITS
- Up to $20,000 for reasonable medical and/or counseling expenses from a licensed professional.
- Up to $20,000 for reasonable grief counseling expenses from a licensed provider for survivors of a deceased victim.
- Documented loss of earnings/support up to $400 per week to a maximum of $20,000.
- Funeral expenses up to a maximum of $5,000.
- Up to $5,000 for reasonable counseling expenses for abuse of corpse.
- Rehabilitation up to a maximum of $4,000.
- Up to $10,000 for reasonable counseling expenses from a licensed professional for children who witness domestic violence.
- Up to $1,000 for reasonable counseling expenses for family members of an Oregon resident who is a victim of international terrorism.
- Up to $500 for reasonable counseling expenses for friends or acquaintances of a deceased victim who are the first to discover the deceased victim's body.
NOTE: Compensation expires three years after the date of the acceptance order and no further payments will be made on adult claims. Claims for child victims remain open until their 21st birthday, or three years from the date of the acceptance order (whichever is longer).
COMPENSATION ELIGIBILITY
- Be a victim of a compensable crime that occurred in Oregon.
- Report the crime to the appropriate law enforcement officials within 72 hours.*
- Cooperate fully to apprehend and prosecute the assailant.
- Not have been involved in a wrongful act and/or did not provoke the assailant.
- Apply for compensation within six (6) months of the crime.*
*May be waived with good cause.
COVERED COMPENSATION LOSSES/EXPENSES
- Reasonable mental health counseling expenses.
- Reasonable medical and hospital expenses.
- Eyeglasses, hearing aids, dentures, and other medically necessary devices and expenses.
- Funeral expenses.
- Documented loss of support to dependents of homicide victims.
- Victim's documented loss of earnings.
- Grief counseling expenses for relatives of homicide victims.
- Rehabilitation expenses.
- Counseling expenses for children who witness domestic violence.
EXCLUSIONS
Compensation Losses Do Not Include:
- Pain and suffering or property damage or loss.
- Nervous or mental shock due to property damage or loss.
Victims are not eligible if:
- The injury or death resulted from the victim's own wrong-doing, provocation or contributory behavior.
- The crime occurred prior to 10/4/97 and compensable expenses resulting from the crime do not total $100.
- The injury or death resulted from an accident.
- The crime occurred prior to 9/27/87 and the victim and assailant were related or sharing the same household.
- The crime occurred before Oregon CVCP became effective in January 1978.
PROCESSING OF APPLICATIONS - DEFERRED APPLICATIONS
HOW APPLICATIONS ARE DETERMINED
After receiving the application, the Crime Victims' Compensation Program will process your request for compensation. This requires obtaining police reports, medical reports, employment verification (when applicable), and any other information necessary for the investigation.
An individual's benefits, such as sick leave, medical disability, social security, or restitution, are considered resources that must be used before Crime Victim's compensation dollars. Any monies recovered for the injury after compensation has been paid must be repaid to the Department.
The Crime Victims' Compensation Program will notify you in writing of the decision regarding your application for compensation. The program is usually able to notify an applicant within 90 days of the date that the application is received at the Crime Victims' Assistance Section
HOW TO SUBMIT AN APPLICATION:
A copy of Oregon's crime victim compensation claim application can be downloaded now, or obtained by calling or writing the Program at:
Crime Victims' Compensation Program
Department of Justice
1162 Court St. NE
Salem, Oregon 97301-4096
Telephone (503) 378-5348
TDD (503) 378-5938
FAX (503) 378-5738
An application can also be obtained from your local District Attorney's Victim Assistance Program. All applications should be mailed to the address above for proper processing.
COLLECTIONS UNIT
Located within the Crime Victims' Compensation Program, the Collections Unit consists of two Revenue Agent 2 positions. The primary responsibility of this unit is to conduct in-house and field collection investigation work to recapture claim costs back from offenders and liable third parties. The Agents also monitor and collect the Department's caseload of punitive damage award judgments which, as mentioned above, is one of several funding sources used by the section. The Agents also provide training, outreach, coordination and communication with prosecutors, judicial and corrections personnel regarding the collection process from offenders. Prior to having the first Revenue Agent on staff, the Section averaged $18,286/month in restitution/subrogation and punitive damage award collections. The first 10 months following the hire of the first Revenue Agent saw that monthly average increase to $32,846. The first 6 months following the second Revenue Agent's hiring shows a total increase of $75,221 per month.
A word of caution is warranted regarding recovery figures. Recovery actions are contingent upon decisions that begin in court and proceed through the efforts of many individuals. No one person is individually responsible for the overall increase or decrease in collections. However, the positions have made significant progress towards holding offenders accountable for the costs and damages associated with their crime.
Collection totals for January 2008 - December 2008 are:
- Restitution & Subrogation: $ 677,662.95
- Punitive Damages: $ 5,327,598.45
Victim Toll Free Number 1-800-503-7983
