CRIME VICTIM COMPENSATION DIVISION
Increased Maximums for crimes occurring on or after July 1, 2007
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Medical Expense Maximum - $15,000 (previously $10,000)
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Funeral Expense Maximum - $6,500 (previously $4,500)
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$800 maximum (previously $500) for travel costs to arrange and attend funeral
service (in addition to the $6,500 for funeral expenses)
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Overall Maximum - $20,000 (previously $15,000)
Increased filing time for crimes occurring on or after July 1, 2007
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36 months from the date of the crime in which to file a crime victim compensation
application (previously 24 months). Additionally, the director, for good cause, may
extend the time period allowed for filing a claim for an additional period not to exceed 12
months (previously no exceptions)
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30 days in which a victim/claimant has to request a reconsideration or contested
hearing (previously 15 days)
Added Benefits for Crimes Occurring On or After July 1, 2007
Temporary Housing Expenses –
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Upon referral and certification by a law enforcement officer, prosecutor, judicial
officer or *certified domestic violence shelter or representative from said agency or
entity, assistance may be available for domestic violence victims who have an
immediate need to escape from an environment in which the domestic violence victim is
in eminent danger.
*Certified by Mississippi Coalition Against Domestic Violence
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A crime must have occurred and a regular Crime Victim Compensation
Application must be approved.
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Compensation may not exceed $500.
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Second claim requests for this expense will not be paid.
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Other policies apply and will be forthcoming.
Relocation Assistance Expenses –
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May be available for domestic violence victims who have an immediate need for
relocation assistance in order to escape from an environment if it is determined that the
victim is in imminent danger.
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Request must be coordinated through and need certified by a State of Mississippi
*certified domestic violence shelter.
*Certified by Mississippi Coalition Against Domestic Violence
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A crime must have occurred and a regular Crime Victim Compensation
Application must be approved.
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Compensation may not exceed $2,000.
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Second claim requests for relocation assistance will not be paid.
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Other policies apply and will be forthcoming.
Note: For a list of certified domestic violence shelters, please visit the Crime
Victim Compensation web at www.ago.state.ms.us.
Criminal Offenses involving Motor Vehicles –
For crimes occurring on or after July 1, 2007 the following can now be considered for
payment:
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Injuries due to hit-and-runs by leaving the scene as specified in Section 63-3-401
of the MS Code
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Injuries due to offender fleeing apprehension by law enforcement as specified in
Sections 97-7-72 and 97-9-73 of the MS Code
Good Samaritan Death or Injury –
For crimes occurring on or after July 1, 2007, the definition of “victim” in relation to the
compensation program has been expanded to include a person who suffers personal
injury or death as a result of criminally injurious conduct while (i) going to the aid of
another person or a duly sworn law enforcement officer or (ii) while attempting to
prevent a crime from occurring.
Other Reasonable Expenses –
For crimes occurring on or after July 1, 2007, The Mississippi Crime Victim
Compensation Act:
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Now contains language that will give discretion to the division for “other
reasonable expenses” related to the victimization for which a claim for compensation is
based. Examples of eligible expenses under the “other reasonable expenses” category
include, but are not limited to, special clothing medically required for burn victims and
computer and programs for a victim, currently enrolled in school, who lost a hand/arm
due to criminally injurious conduct to continue his/her education without the ability to
write.
Note: consumable items (ink cartridges, paper, etc.) are not eligible.
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Expenses will be reviewed on a case by case basis.
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A regular Crime Victim Compensation Application must be submitted and
approved.
Additionally, for crimes occurring on or after July 1, 2007, the Crime Victim
Compensation Program has incorporated the following benefits previously paid through
the Victim Assistance Fund:
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Crime Scene Cleanup - $1,000 maximum (homicides only)
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Court-Related Travel - $1,000 maximum
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Repair and Replacement costs for damaged windows, locks, doors and/or other
security devices for a residential dwelling - $500 maximum
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Execution Travel - $1,000 maximum
Additional Eligibility Guidelines For claims filed that are based on an injury/death that occurring on or after July 1,
2007:
Compensation shall not be awarded:
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To any victim/claimant who has been previously convicted as, or otherwise
meets the definition of, habitual criminal (two prior felony convictions) as defined in
Section 99-19-81 of the MS Code.
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To any victim/claimant who, at the time of the criminally injurious conduct upon
which the claim for compensation is based, engaged in conduct unrelated to the crime
upon which the claim for compensation is based that either was (i) a felony or (ii) a
delinquent act which, if committed by an adult, would constitute a felony.
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To any victim/claimant who, after the injury for which this application is based, is
convicted of any felony.
Compensation may be denied or reduced:
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To any victim/claimant who, at the time of the crime upon which the claim for
compensation is based, was engaging in or attempting to engage in other
unlawful activity unrelated to the crime upon which the claim for compensation is
based.
* As with all benefits, policies and limitations apply.
CRIME VICTIMS’ BILL OF RIGHTS
THE FOLLOWING CHANGES GO INTO EFFECT JULY 1, 2007:
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In the event a victim initiates proceedings against a person by filing an affidavit,
petition or complaint in a court of competent jurisdiction, the court clerk is now
responsible for providing the victim with a Crime Victims’ Bill of Rights Packet.
(Previously, law enforcement was the only agency statutorily mandated to
provide the packet to violent crime victims.) Please Note: The Attorney
General’s Office is in the process of sending Bill of Rights packets to all
municipal and justice court clerks.
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Upon any post-arrest release of the defendant, a sexual assault or domestic
violence victim is to be notified by the appropriate law enforcement agency,
regardless of whether or not they have invoked their rights. For all other violent
crime victims, notification by Sheriff or municipal jailer is to be made after the
victim has invoked his/her rights. (Previously, notification was required only if the
offender being released on “bond”.)
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The victim now has the right to be notified and allowed to submit a written or
recorded state when any change in custodial status is considered, whether such
action be by executive order or judicial action. (Previously, the notification
requirement applied only in cases where the offender was petitioning the
Governor for parole or pardon.)
YOUTH COURT
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Records involving children will be disclosed to the Crime Victim Compensation
Division upon request without a youth court order. Records will be used solely
for the purpose of determination of eligibility for victim compensation benefits.
(Previously, there was no specific language addressing this issue. The additional
language will provide easier access to youth court information for claim eligibility
determination.)