Crime Victim Compensation

Violent crime is a senseless, often random act, and we see far too much of it in today’s society. It is no longer enough to ensure that offenders receive punishment under the law. Victims and their families need our support as they attempt to rebuild lives torn apart by tragedy.

- Lisa Madigan Illinois Attorney General

Crime Victim Compensation Act offers financial assistance to victims and their families of violent crime.

• Established by Illinois General Assembly in 1973 with the primary goal of helping to reduce financial burden imposed on victims and their families

• Joint process between the Office of the Attorney General and Illinois Secretary of State’s Office (Court of Claims)

• Under CVC Act, funds are collected from convicted criminals and distributed to crime victims who face financial losses as a result of being a victim of a crime

• May be eligible to receive compensation up to $ 27,000

• May be eligible for an emergency award up to $ 2,000

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• Person killed or injured in Illinois as a result of a violent crime

• Parents whose child is a victim• Person under the age of 18 who is the child,

stepchild, or sibling of the victim• Person who witnessed a violent crime in

Illinois• Person killed or injured while attempting to

assist a crime victim• An Illinois resident who became a victim of a

violent crime in a country that does not have a compensation fund for crime victims

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Who is considered a crime victim?

Some expenses that may be covered:

• Any medical bills related to the crime (counseling, prescriptions, doctor visits, dental work)

• Loss of earnings/loss of support up to $1,000 per month– Based on your net monthly earnings for

the six months prior to the incident – Required to submit adequate

documentation as proof of your earnings and disabling injury (letter from a doctor/counselor)

– Loss of earnings includes days missed from work to attend court proceedings and doctor/counseling appointments

• Loss of Support (up to $1000/month)

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• Crime scene clean-up

• Replacement costs for clothing/bedding used as evidence

• Replacement costs of locks and/or windows damaged during crime

• Tuition reimbursement under certain circumstances

• Temporary lodging and relocation costs – Moving van rental– Moving company fees– Storage fees– Shipping fees– First month’s rent– Security deposit

• No compensation is available for pain and suffering

Eligibility______________________________________________________

• Must be a victim of a crime in the State of Illinois

• Victim must exhaust all sources of financial recovery (health insurance, Public Aid, etc.)

• Victim must not have contributed to his/her injury by engaging in wrongful conduct or provocation

• Victim does not have to be a U.S. Citizen

• Report crime to law enforcement within 72 hours (7 days for SA) and cooperate in the investigation and apprehension of the offender

• For DV cases, obtaining an OP constitutes notification and cooperation with law enforcement

• For SA cases only, notification to law enforcement must be made within 7 days

– Obtaining an OP, CNCO, or having an evidence collection kit performed at the hospital constitutes notification to law enforcement

– Having the evidence collection kit submitted to law enforcement constitutes cooperation

– For child victims of SA, the date of the crime is the date the child disclosed the assault

• File a compensation claim within 2 years of the crime or within 1 year of the criminal indictment

Process______________________________________________________

• Victim must fill out application and return it to the Office of the Attorney General (OAG)

• OAG investigates and verifies info on application – may request additional info and/or interview

• OAG makes recommendation and submits report to the Court of Claims

• Court of Claims makes final decision

• Victim usually receives claim number within 30 days

• Takes about 6 months before money is disbursed

• Victim will probably have to pay upfront and then be reimbursed

• Victim of sexual abuse/assault should not fill out this application in ER

Illinois Safe Homes Act – Effective Jan. 2007

• End lease (written or oral) early and leave the premises without being responsible for rent after leaving

– Must give landlord written notice 3 days before or after you leave home and show there is a credible imminent threat of harm on the premises

– Sexual assault victims may end lease early WITHOUT showing a credible imminent threat if an act of sexual violence occurred on the premises against anyone in the household

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Housing protections for victims of domestic and sexual violence

• Emergency lock change 1. Victim does NOT share a written lease with

perpetrator– Must give landlord written request from all

tenants on the lease and include all evidence such as police reports, medical records, court records, etc.

2. Victim shares an oral or written lease with perpetrator– Need court order granting exclusive possession of

the premises

– Must give landlord written request from all tenants, except the perpetrator, and include a copy of the court order

• Landlord must change the locks or give tenant permission to change them within 48 hours of the written request—if not, tenant may change without permission or sue landlord

• Safe Homes Act covers private rental housing, subsidized housing, including Section 8, but does NOT include public housing

Victims’ Economic Security and Safety Act (VESSA)

• Applies to all employers with at least 15 employees

- 15 – 49 employees = entitled to a total of 8 workweeks of leave during any 12 month period

- 50 or more employees = entitled to a total of 12 workweeks of leave during any 12 month period

- Victims do not have to take the leave all at once

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Unpaid leave for victims to address issues arising from domestic or sexual violence

• Job is guaranteed – Victim’s boss cannot fire or demote her/him because they took VESSA leave

• Employers must maintain the confidentiality of all information pertaining to VESSA leave

• Victims do not have to tell the police or file criminal charges to take advantage of VESSA

• Requirements

﹣ At least 48 hours advance notice except in cases where it is not practicable to provide such notice

﹣ Certification Requirement (sworn statement of employee and police report, court record, and/or documentation from a service provider)

• If rights under this Act have been violated, victim may file a complaint with the Illinois Department of Labor within 3 years after the violation occurred