NCJ Number
61564
Date Published
1976
Length
45 pages
Annotation
THE PROVISIONS OF VICTIM COMPENSATION STATUTES ARE DESCRIBED AND SUMMARIZED FOR 22 STATES IN REGARD TO ELIGIBILITY, ADMINISTRATION, AWARDS, AND FUNDING.
Abstract
ALTHOUGH SOME STATUTES DATE FROM THE MID-1960'S, MOST WERE PASSED DURING THE MID-1970'S. THE MAJORITY COMPENSATE BOTH VICTIMS OF VIOLENT CRIMES AND GOOD SAMARITANS. RESIDENCY IS NOT NECESSARILY A REQUIREMENT, BUT THE VICTIM MUST BE TOTALLY INNOCENT OF COMPLICITY IN THE SITUATION AND GENERALLY CANNOT HAVE A CLOSE RELATIONSHIP WITH THE OFFENDER. SOME STATES REQUIRE THAT THE VICTIM SUFFERS FROM FINANCIAL HARDSHIP. THE OFFENDER DOES NOT NEED TO BE INDICTED OR CONVICTED. HALF THE STATES REQUIRE THE VICTIM'S COOPERATION IN APPREHENDING AND CONVICTING THE SUSPECT. DEADLINES FOR FILING CLAIMS RANGE FROM 3 MONTHS TO 2 YEARS. ADMINISTRATIVE STRUCTURE VARIES AMONG STATES, ALTHOUGH MOST HAVE ESTABLISHED VICTIM COMPENSATION BOARDS. COMPENSATION IS GENERALLY AWARDED FOR SUPPORT, LOSS OF EARNING POWER, MEDICAL EXPENSES, BURIAL, AND FUNERAL EXPENSES. PROPERTY DAMAGE IS NOT COMPENSABLE. THE MINIMUM AWARD SET IS USUALLY $100 OR $200, AND THE AVERAGE MAXIMUM AWARD IS $15,000. MOST STATUTES DO NOT GUARANTEE MONIES FOR AWARDS, BUT SEVERAL STATES HAVE ESTABLISHED VICTIM INDEMNITY FUNDS. ANNUAL REPORTS ARE USUALLY REQUIRED OF EACH ADMINISTRATIVE AUTHORITY. ONLY A FEW STATES MANDATE THAT THE LAW BE PUBLICIZED AND THAT AUTHORITIES NOTIFY VICTIMS OF THEIR COMPENSATION RIGHTS. STATUTES ARE DESCRIBED IN DETAIL FOR THE FOLLOWING STATES: ALASKA, CALIFORNIA, DELAWARE, GEORGIA, HAWAII, ILLINOIS, KENTUCKY, LOUISIANA, MARYLAND, MASSACHUSETTS, MINNESOTA, NEVADA, NEW JERSEY, NEW YORK, NORTH DAKOTA, OHIO, PENNSYLVANIA, RHODE ISLAND, TENNESSEE, VIRGINIA, WASHINGTON, AND WISCONSIN. (MJM)