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FILING FOR VICTIM'S COMPENSATION |
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THIS INFORMATION CAME FROM THE CRIME VICTIM COMPENSATION PROGRAM OFFICE OF VICTIM SERVICES AND RESTORATIVE JUSTICE WEB SITE AND IS USED WITH THEIR PERMISSION. FOR MORE INFORMATION VISIT THEIR WEB SITE BY GOING TO OUR "OTHER RESOURCES" PAGE CRIME VICTIM COMPENSATION PROGRAM The Victim Compensation Program, administered by the Office of Victim Services and Restorative Justice, provides compensation to innocent victims for injuries suffered as a direct result of the criminal acts of other persons. · medical, · lost wages, · mental health counseling for victims and homicide survivors, · loss of support for dependents of deceased victims, · funeral and burial expenses. If you would like additional information or need program brochures or applications, you may contact the Compensation Program at the following address: Crime Victim Compensation Program Eligibility Requirements To receive compensation for crime related injuries or death, an applicant must meet the following criteria: The claimant must be a victim or survivor of a victim who has suffered personal injury or death as a result of: · criminally injurious conduct of others, · the good faith effort to prevent criminally injurious conduct, or · the good faith effort to apprehend a person reasonably suspected of engaging in criminally injurious conduct. Crimes covered by the Crime Victim Compensation Program include the following: · homicide, · assault, · partner or family-member assault (domestic violence), · sexual assault, · child physical and sexual abuse, · victims of DUI drivers, and · international acts of terrorism. The victim (or claimant) must report the crime to law enforcement within 72 hours after the crime. In cases involving a sexual offense against a minor, a report must be made to law enforcement or the state agency responsible for the provision of child welfare services within 72 hours of the time an adult is informed of the offense against the minor. If the crime was not reported within the required 72 hour time limit, the claimant must submit, in writing, the reason for the delay. The division may find there is good cause for the failure to report within the time limit and waive the requirement. Information required for law enforcement includes providing a true and accurate report of the incident, including: · the nature of the crime, · the location of the crime, · the name, description and whereabouts of a suspect (if known), and · the names of witnesses. The requirement is not met if the victim only provides his or her name and the fact that a crime was committed. The victim must cooperate with the reasonable requests of law enforcement and prosecuting attorneys in the investigation or prosecution of the crime. Reasonable cooperation includes, but is not limited to the following: · providing law enforcement with a true and accurate report of the crime, · participating in the investigation of the crime to assist in identification of the suspect(s) as requested, and · participating in deposition and trial testimony as requested. Reasonable cooperation is determined on a case-by-case basis taking into consideration the victim’s age, physical condition and psychological state, and any compelling health or safety reasons that would jeopardize the well being of the victim. An application for compensation must be filed within one year of the date of the crime. Compensation involving sexual offenses against minors must be filed within one year after the date the offense was reported to a law enforcement agency, juvenile probation office or a child welfare agency, or within one year after the day the victim reaches 18 years of age, whichever occurs last. The time for filing a claim may be extended by the division for good cause. The crime for which benefits are sought must have been committed within the state boundaries. The claimant/victim does not need to be a resident of the state of Montana to be eligible to receive benefits. |
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