Crime Victims Compensation

Restitution, Compensation and Funds Grants

Literally thousands of programs that provide services and sanctuary to crime victims exist throughout the United States. These programs are within state government agencies and private nonprofit or charitable organizations. They provide two general types of services—compensation and assistance. Crime victim compensation programs reimburse victims of crime occurring within the state (including victims of federal crimes) for crime-related expenses. Crimes covered include violent crimes such as homicide, rape, drunk driving, domestic violence, and child sexual abuse and neglect. Expenses covered are medical costs, mental health counseling, funeral and burial costs, and lost wages or loss of support. Crime victim assistance programs provide a range of services, including crisis intervention, counseling, emergency shelter, criminal justice advocacy, and emergency transportation. Although compensation and assistance are provided most often to individuals, in certain instances, entire communities may be eligible to receive assistance for a multiple victimization. Usually, you can obtain information about compensation and assistance through your local prosecutor's office. You also may receive it from your local law enforcement agency when you report an offense.

Financial support for many of these programs is provided through the Crime Victims Fund, which is administered by OVC. Established by the Victims of Crime Act of 1984, the Fund is a major funding source for victim services throughout the country. Millions of dollars have been deposited into the Fund each year from criminal fines, forfeited bail bonds, penalties, and special assessments collected by U.S. Attorneys' Offices, U.S. federal courts, and the Federal Bureau of Prisons. To date, all Fund dollars have come from offenders convicted of federal crimes, not from taxpayers. However, new legislation has expanded the possible sources of Fund deposits. The recently passed (October 2001) Uniting and Strengthening America by Providing Appropriate Tools Required To Intercept and Obstruct Terrorism Act (USA PATRIOT Act) provides authority for the deposit of gifts, bequests, or donations from private entities into the Fund. Beginning in fiscal year 2002, deposits into the Fund may come from criminal fines, penalties, special assessments, gifts, bequests, or donations from private entities. For more information contact:  OVC Resource Center Toll-Free: 1-800-627-6872  TTY: 1-877-712-9279

Table of Contents:  

1. State Compensation Web Sites

2. International Compensation Information

3. The Illinois Crime Victims Compensation Act

Crime Victims Clearinghouse: (800) 228-3368

Please note that each state has some form of a crime victims compensation program.  This is just a version that was offered by the state of Illinois

Crime Victims Compensation

The Illinois Crime Victims Compensation Act is intended to reduce the financial burden imposed on innocent victims of violent crime.

Crimes Occurring in the State of Illinois that are Covered by the Program:

Murder (1st & 2nd Degree), Involuntary Manslaughter, Reckless Homicide, Kidnapping, Aggravated Kidnapping, Sexual Relations Within Families, Exploitation of a Child, Child Pornography, Assault, Aggravated Assault, Battery, Aggravated Battery, Heinous Battery, Reckless Conduct, Criminal Sexual Assault, Aggravated Criminal Sexual Assault, Arson, Aggravated Arson, Driving Under the Influence.

Compensation Payment Conditions:

* Coverage may include medical and hospital expenses; expenses incurred for counseling by psychiatrists, clinical psychologists or certified social workers; prosthetic appliances, eyeglasses and hearing aids, loss of earnings or loss of support up to $1,000.00 per month; expenses for replacing the lost services that a permanently disabled or fatally injured person would have performed for him/herself or his/her family; tuition reimbursement under certain circumstances; funeral and burial expenses up to a total of $3,000.00.

Compensation under this program is a secondary source of recovery and the applicant must first exhaust other remedies reasonably available, including but not limited to private health or life insurance, Medicare and Public Aid.

• Total compensation may not exceed $25,000.00 per incident.

• There is no compensation for property loss or damage.

• There is no compensation for pain and suffering.

You Are Eligible For Financial Aid If You Meet One Of The Following Conditions:

You are a victim of a violent crime and sustain physical injuries.

• You are a survivor of a victim of a violent crime and were dependent upon the victim for support.

• You are related to the victim and incur reasonable funeral and/or medical expenses.

• You are the parent of a child killed or injured as a result of a violent crime.

• You are the parent of a child who witnessed a violent crime committed against a relative.

• You are an Illinois resident who becomes a victim of a violent crime in another state or country that does not have a crime victims compensation law.

You Are Eligible For Financial Aid If You Meet One Of The Following Conditions:

• You must report a crime to proper authorities within 72 hours and you cooperate fully with law enforcement officials.

• Injury or death was not attributable to wrongful conduct or provocation by the victim.

How To Apply:

• Obtain an Application for Compensation from (forms are also available from all regional offices):

Illinois Attorney General

Crime Victims Compensation Program

100 W. Randolph St.

Chicago, IL 60601

(312) 814-2581 or (800) 228-3368

TTY: (312) 814-3374

• Complete the Application for Compensation and return it within one year of the date of injury. They will forward a copy of form to the Court of Claims.

Your Claim For Compensation Will Be Investigated As Follows:

• You must provide any information requested by the Attorney General.

• The information in your application will be investigated by the Attorney General. You may be requested to appear for a personal interview.

• Certified copies of income tax returns for the year of the injury and for the previous year may be requested.

All inquires will be conducted in strict confidence.

Your Claim For Compensation Will Be Considered As Follows:

• After the investigation has been completed, a report will be submitted to the Court of Claims.

• The Court may render a decision based on your application and the report, or order the claim set for hearing.

• A copy of the Court's decision will be mailed to you.

NOTICE

No fee may be charged to the applicant for the preparation and presentation of an application before the Court of Claims. The applicant may, however, be charged a reasonable fee, determined by the Court of Claims, for representation at a hearing as provided for in the Act.

For more information refer to the ILLINOIS CRIME VICTIMS COMPENSATION ACT. 740ILCS45/1, et seq.

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Last Updated:  09/28/2003

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