Ohio Crime Victims Assistance and Prevention

1. Ohio Crime Victims Assistance and Prevention

2. Objectives Participates will learn the following: History and purpose of the Compensation Program Eligibility Requirements Expenses eligible for Compensation Where to go for help and further information

3. History of Crime Victims Compensation Program  Created in 1976 to provide financial relief to victims of crime for economic loss incurred as a result of criminally injurious conduct Revised in July 1, 2000, by SB-153 and since then has been administered by the Ohio Attorney General Revised July 1, 2003 by SB-89 -Claims processing time reduced from 279 days to 123 days -Some added benefits to victims of crime that previously did not exist -Direct pay to providers-Claims processing time reduced from 279 days to 123 days -Some added benefits to victims of crime that previously did not exist -Direct pay to providers

4. How is the Compensation Program Funded? Court costs paid by one convicted of a crime Subrogation efforts The state may sue the offender to recover monies paid to victim/claimant The victim or claimant must give the Attorney General’s office written notice of all related lawsuits/settlements Federal VOCA funds Reinstatement fees for drivers licenses after OMVI suspension Ohio taxpayers do not bear program costs -$30 from felony convictions -$9 from misdemeanor convictions -$75 from drivers license reinstatement fees -$30 from felony convictions -$9 from misdemeanor convictions -$75 from drivers license reinstatement fees

5. Does a Claimant or Victim Have to Pay an Attorney to Apply? No, the claimant or victim can apply without an attorney A Victim Advocate can help gather information and file the claim Or the program will pay for the attorney This will not reduce the money the claimant or victim receives! Maximum attorney fees – for filing the application, is $60 per hour

6. When Must They File?  Adult victims must file within 2 years of their victimization. Child victims or minor dependents of victims (or adult claimants on their behalf) have until their 20th birthday Child abuse victims can also file within 2 years after their offender is charged with the crime

7. Who may be Eligible? Anyone who is injured as a result of Criminally Injurious Conduct or while trying to prevent Criminally Injurious Conduct Criminally Injurious Conduct (CIC) is a crime that: Poses a substantial threat of personal injury or death and is punishable by fine or imprisonment

8. Who may be Eligible Estate of or dependents of deceased victims of criminally injurious conduct Those injured trying to prevent criminally injurious conduct or apprehend a person suspected of engaging in criminally injurious conduct Includes law enforcement officers injured in the line of duty

9. Indirect Victim Requires analysis of three factors: First: Was there a close relationship between the applicant and the direct crime victim?

10. Indirect Victim Second: Did the applicant sustain emotional harm such that it prevented him/her from performing day-to-day activities?

11. Indirect Victim Third: Did the applicant have a direct awareness of the crime or arrive in its immediate aftermath? Such as: Was the applicant present at the scene? Was the applicant one of the first at the scene? An indirect victim is considered a separate victim of the crime and should file a separate claim for his or her own victimization

12. Who is not Eligible? Victims and claimants who do not report the crime to law enforcement within 72 hours of the incident Except if there is good cause for the delay Almost always an exception for child abuse Sometimes exceptions for sexual assault and domestic violence, or other crimes

13. Who is not Eligible? Applicant’s injured as a result of motor vehicle offenses except when: Alcohol or drugs caused the crash, or Injury was intentional, or Injury caused by a fleeing felon (includes felony hit and run cases ), or Both reckless driving and serious physical harm Failed to stop after an accident and serious physical harm.

14. Who is not Eligible? Victims who engage in contributory misconduct : Unlawful act or intentional tort related to the incident and to some extent contributing to the incident Can lead to the complete denial or reduction of an award Victims and claimants who fail to cooperate with a law enforcement officer or agency Can lead to the complete denial or reduction of an award

15. Who is not Eligible? Victims and claimants that have been convicted of a felony within 10 years of the criminally injurious conduct or during the pendency of the claim In homicide cases, minor dependent(s) of the victim are still eligible for dependent’s economic loss and counseling expenses Remember, conviction on these charges is what will disqualify a claimant, not just a charge.Remember, conviction on these charges is what will disqualify a claimant, not just a charge.

16. Who is not Eligible? Victims and claimants convicted of child Endangering (CE) or domestic violence (DV) within 10 years of the criminally injurious conduct or during the pendency of the claim (includes misdemeanor and/or felony convictions) In homicide cases where only the victim had a CE and/or DV conviction, the claimant is still eligible

17. Who is not Eligible? Victims and claimants who engage in felonious conduct within 10 years of the criminally injurious conduct or during the pendency of the claim an offense of violence or drug trafficking that would constitute a felony under the law regardless of charge or conviction level In homicide cases, minor dependent(s) of the victim are still eligible for dependent’s economic loss and counseling expenses

18. Who is not Eligible? A victim that is the offender or an accomplice of the offender who committed the criminally injurious conduct A victim who is a passenger seeking compensation for injuries caused by the driver when the victim knew or reasonably should have known that the driver was under the influence of alcohol, a drug of abuse, or both  Except, if the victim is a minor and the impaired driver is his or her parent, guardian, or care-provider Except if the victim is under the age of 16

19. Who Is not Eligible? An adult victim injured while serving a sentence of imprisonment in any detention facility after being convicted of or pleading guilty to an offense A victim who knowingly possesses a felony drug at the time of the criminally injurious conduct (includes drugs found in the victim’s system)

20. Expenses Eligible for Compensation. Medical and related expenses Counseling expenses for victims or household family members Work loss/lost wages Unemployment benefits loss Crime scene cleanup expenses Includes repair of property damaged at the scene that is necessary for security (ex. doors and windows)

21. Expenses Eligible for Compensation. Evidence replacement expenses Costs to replace items taken by law enforcement as evidence Replacement services loss Expenses reasonably incurred in obtaining ordinary and necessary services in lieu of those the victim would have performed if he or she had not been injured  Includes household chores, providing parenting care to children, etc

22. Expenses Eligible for Compensation. Future loss of support (usually for spouse or minor children) and care of minor children of a deceased victim Only if the spouse and minor children were receiving financial support from the victim prior to the criminally injurious conduct. They must be the victim’s financial dependents Funeral and related burial expenses

23. Expenses Eligible for Compensation. Mileage or other transportation expenses for: Medical/counseling appointments Family members of a deceased victim to attend criminal proceedings or the funeral Moving expenses incurred to separate the victim from the offender and/or that are necessary for the victim’s care and rehabilitation (as verified by a mental health care provider)

24. Expenses Eligible for Compensation. Attorney fees incurred to successfully obtain a restraining, custody or other order to physically separate the victim from the offender These fees could not exceed $2,500, at a rate that does not go beyond $150.00 per hour

25. Ineligible Expenses. Stolen, damaged, or lost property Except for personal health aids such as glasses that are damaged or destroyed during the criminally injurious conduct Pain and suffering Any expense that is payable by collateral sources Benefits for economic loss that are readily available to the victim or claimant. The program is a payer of last resort

26. Initial Claims Review. Claims Specialist: Perform initial review of applications, verifying: Timely filing Personal data information present Medical information releases Proper signatures and dates Overall completeness

27. What Review Occurs Then? The Attorney General’s Office then simultaneously conducts a: Field review Economic loss review

28. Field Review. Field Specialists verify: Criminally injurious conduct occurred It was reported to law enforcement in 72 hours, or good cause reasons for a delay The victim and claimant did not engage in contributory misconduct The victim and claimant cooperated with law enforcement Crime scene cleanup and evidence replacement expenses were incurred Whether restitution was ordered and/or paid

29. Field Review. Conducts investigation to determine if the victim or claimant has a criminal background that would preclude an award The criminal history of all victims and claimants are checked through Bureau of Criminal Identity and Investigation (BCI) and the local agency where the crime occurred

30. Economic Loss Review. Economic Loss Specialists: Verify allowable expenses Gather medical/counseling records Verify collateral source information Calculate expenses

31. When Will a Decision be Made? By statute the Attorney General has up to 120 days to issue a finding of fact and decision The majority of cases will fall into this category Extensions of time are made if warranted -Average for FY 2001 was 123 days -13% increase in filings 5968 up from 5260-Average for FY 2001 was 123 days -13% increase in filings 5968 up from 5260

32. Can a Victim or Claimant Appeal? If victim or claimant disagrees with all or part of the Finding of Fact and Decision, he or she may file a Request for Reconsideration The Attorney General reconsiders the disputed issues and makes a Final Decision in 60 days (extensions may be taken if necessary)

33. Can a Victim or Claimant Appeal? If a victim or claimant disagrees with all or part of the Final Decision, he or she can appeal to a Panel of Three Commissioners. The Panel will hold a hearing and issue an Order affirming or reversing the Attorney General’s Final Decision Undisputed expenses can be paid immediately If a victim or claimant disagrees with the Panel’s decision he or she may appeal to a Judge of Court of Claims 64% decrease in appeals requests in FY 2001 121 appeals filed out of 6,190 decisions made64% decrease in appeals requests in FY 2001 121 appeals filed out of 6,190 decisions made

34. What About Future Expenses? Within five years of the last award and in certain circumstances within five years of the last denial, a victim and/or claimant may file a Supplemental Compensation Application for consideration of additional economic loss incurred as a result of the criminally injurious conduct

35. What is the Maximum Award? Up to $50,000.00 for each victim of an incident of criminally injurious conduct The average award for FY 2001 was $2454.09The average award for FY 2001 was $2454.09

36. What is the Maximum Award? Funeral expenses: $7,500.00 Funeral, cremation, burial, flowers, misc. Includes up to $500 for lost wages/ travel expenses for family members to attend funeral Crime scene cleanup expenses $750.00 Replacement expenses for items taken for evidence collection $750.00

37. What is the Maximum Award? Mental health counseling: up to $2,500 per Household family member ($7,500 per claim) in cases of : Crimes resulting in severe and permanent incapacitating injury resulting in paraplegia or similar life-altering condition Homicide Sexual assault Domestic violence

38. What Is the Maximum Award? Lost wages and travel expenses for family members of a deceased victim to attend criminal proceedings $500.00 per family member; $2,000.00 maximum No award permitted in any claim where the expenses incurred are less than $50.00 Attorney fees directly related to obtaining a civil or anti-stalking protection order or otherwise separating the victim from the offender $2500.00

39. Attorney Fees for Protection Orders “Allowable expense” includes attorney’s fees not exceeding two thousand five hundred dollars, at a rate not exceeding one hundred fifty dollars per hour, incurred to successfully obtain a restraining order, custody order, or other order to physically separate a victim from an offender, if the attorney has not received payment under section 2743.65 of the Revised Code for assisting a claimant with an application for an award of reparations under sections 2743.51 to 2743.72 of the Revised Code

40. Direct Pay to Providers The program will directly pay outstanding amounts owed to providers of medical, funeral, and other services The program will directly pay victims and claimants the amounts they have already paid to the providers

41. Emergency Awards A victim or claimant may request an emergency award if: He or she will suffer undue hardship if immediate economic relief is not granted It is likely that all the eligibility requirements for a final award will be met If a victim or claimant is eligible, an emergency award of up to $2,000.00 can usually be paid within 2 weeks of receiving the necessary information

42. Remedial Care and Treatment Agreement. Available when the victim or claimant cannot pay for the services and the provider will not perform the services without pre-payment The victim or claimant and the provider enter into the Agreement for services to be provided The Attorney General determines if the expenses are compensable and if the agreement is valid. If so, the Attorney General will issue a decision “pre-approving” the expense (The provider is paid when certification that the services have been rendered is received)

43. How does a Claimant or Victim File? Online at www.ag.state.oh.us Contact a Victim Advocate in their county. OR Contact our office: Ohio Attorney General’s Office 150 E Gay Street 25th Floor Columbus, OH 43162 1-800-582-2877 (Postmark = date of filing (There is no fee to apply)

44. How did we get here? Historically, our office took 120 days to process a claim Consistently we were asked “Why does this process take so long”? As we began to look at our process we started to ask ourselves that same question, Why?

45. What should we do about it? We set a goal of cutting our processing time in half In order to reach this goal, we had to look at our process and be open to thinking outside of the box The first step was to research other programs that were completing claims with speed and quality

46. What should we do about it? As we talked with program after program, we determined that although successful programs processed some things differently, the one thing that EVERY successful program had in common was their active and powerful relationship with Victim’s Advocates!

47. Team Concept. Our goal is to implement a true team concept Our office will be available to you to discuss Perfected Claims Our office will be available to you to help you with any questions that you have related to the compensation program Our office will be available to you to help you with any other services we have available

48. Team Concept. On occasion we speak with applicants that need assistance on the local level to meet some of their immediate needs (ex. Finding a counselor and/or shelter). In these situations we may refer the applicant to you as you are the expert in providing full service help in your County Expand on why victims may need assistance. A. Emotionally unable to complete the application. B. Unable to read and/or write. C. Need explanation of the program (application, appeals, waivers, what’s covered?). D. Need to find a local counselor. E. Need to find food and/or shelter. Expand on why victims may need assistance. A. Emotionally unable to complete the application. B. Unable to read and/or write. C. Need explanation of the program (application, appeals, waivers, what’s covered?). D. Need to find a local counselor. E. Need to find food and/or shelter.

49. What is a Perfected Claim? A package including a completed application and all other information necessary to document requested expenses and the criminally injurious conduct

50. Who can file a Perfected Claim? Anyone… Victim/Claimant Victim Advocate or Attorney But… We have found that local advocates are essential in the perfected claim process since they are located in each county throughout the state making them more accessible to our applicants in the various counties. They are able to meet with the applicants in person to ensure they have the essential paper work to file a perfected claim

51. Why file a Perfected Claim? To Get Assistance to Victims Faster !!!