Restitution

Crime Victim Compensation (CVC) Restitution Process

CVC sends a monthly report to the restitution email that is on file for each county. This report will provide the CV number so your agency has access to the claim in the CVC Portal. If the offender name is unknown or incorrect, please provide CVC with the updated information so the case can be located in Ecourts.

Restitution Requests: CVC will send an updated restitution request each time a payment is made on a claim. This request is sent to the email that has been provided by each County. Please be sure to notify CVC if this contact needs to be updated. Providing a designated email that restitution requests can be sent to is recommended. If you need an updated restitution request or need to update contact information, please email CVCRestitution@doj.oregon.gov.

Notification of Restitution Hearings: Please notify CVC on all upcoming restitution hearings as soon as they are scheduled. If a restitution hearing is set over or cancelled, please notify CVC as soon as possible. Please send hearing notifications to the assigned examiner through the CVC Portal.

Subpoena: CVC must receive a subpoena to testify in a restitution hearing. It would be helpful to know why restitution is being contested and if there is any additional documentation that we can provide to support CVC’s restitution request prior to the hearing. The assigned claims examiner may be able to provide this documentation, if there are no applicable statutory confidentiality exemptions. If a CVC representative needs to attend the hearing, please send a subpoena as soon as the restitution hearing is set to allow sufficient notification time. Please provide contact information for the DDA handling the case and send subpoenas to cvssd@doj.oregon.gov.

Hearing attendance: CVC will request to attend by phone or virtually whenever it is an option.

Judgments: Once restitution has been ordered, please send a copy of the judgment to CVCRestitution@doj.oregon.gov.

CVC will send notification: When an advocate is listed on the application and there is a criminal case, CVC will email the listed advocate once the application has been approved. This is an opportunity for the advocate to upload any crime-related bills/receipts they have received from the victim.

CVC Payment Process: It can take up to 60 days to make a determination; at that time CVC can start processing payments. We always obtain information from providers to confirm services are crime related.

• If the victim has insurance, CVC pays the patient responsibility.
• If the victim does not have insurance and the medical provider accepts CVC payment, the program will pay at the following rates:

Medical: Oregon Workers Compensation fee schedule
Ambulance: 75% of the billed amount.
Dental: 90% of the billed amount (Oregon Workers Compensation fee schedule).
LOE: 75% of gross wages (CVC does not cover LOE for medical appointments or attending court hearings).
Counseling (based on licensure):

• MD $160/hr.
• PhD $130/hr.
• LCSW/LPC/LMFT $105/hr.
• QMHP $75/hr.

If additional information is needed to show a causal connection between the crime and reasonableness of services, CVC can provide payment receipts if you make a request to the assigned claims examiner. These documents provide the service type, name of the provider, billed amount, insurance payment and adjustment or fee schedule imposed by the program. If there is not an exemption in place (domestic violence, human trafficking, sexual assault, or the victim is a minor) CVC may be able to provide additional documentation.

Amending Restitution: If a victim is ordered restitution, a list of bills must be provided to CVC. If CVC paid bills that the victim was ordered restitution for, CVC will send a letter requesting restitution be amended. Please file the amendment as soon as possible to avoid overpayment to the victim. Unless we’ve received different contact information, amendments will be emailed to the restitution contact that CVC has on file.

Just a reminder that ORS 137.103(4)(c) declares the Criminal Injury Compensation Account as a victim entitled to restitution. ORS 137.106(1) states “the district attorney shall investigate and present to the court, at the time of sentencing, evidence of the nature and amount of the damages.”

Please visit the advocate webpage for additional information regarding CVC.