NCJ Number
86994
Journal
Indiana Law Review Volume: 14 Dated: (1981) Pages: 751-777
Date Published
1981
Length
27 pages
Annotation
This article compares Indiana, New York, and Minnesota victim compensation legislation and offers recommendations for Indiana based on the experiences of the New York and Minnesota victim compensation programs.
Abstract
The Indiana Victim Compensation Act applies only to violent crimes, defined as a class A misdemeanor or any felony that results in bodily injury or death, and the definitions of crime in the New York and Minnesota acts are virtually the same. The New York legislation has created an administrative body with wide-ranging powers to assist crime victims. Indiana should consider the granting of such power to its administrative staff so as to provide more comprehensive victim services. Further, Indiana policymakers should consider a broader eligibility standard similar to the Minnesota standard, which not only covers the legal nonspousal dependent but also any related party when the interests of justice require compensation. Indiana should also consider the more lenient provisions of the New York and Minnesota acts, which allow for a more equitable result in determining the effect of victim contributory misconduct. The Indiana act requires that an application for compensation be filed within 90 days of the commission of the crime, while the Minnesota act stipulates that the claim be filed within 1 year of the injury or death; the Minnesota provision is preferable. Indiana should also adopt a policy of including 'pain and suffering' as a compensable items. Also, Indiana should consider adopting the unlimited Minnesota emergency award provision or the less restrictive New York provision. The Indiana act has the most restrictive financial limitations on the amount of benefits a victim can be awarded (cannot exceed $10,000 and will not cover the first $100 of the claim). Indiana should consider abolishing the minimum limitation and raising the maximum allowed. Recommendations are also offered in the areas of claim procedures, attorney involvement, cost and funding, and special statutory provisions. A total of 209 footnotes are listed.