WHO IS A VICTIM OF CRIME?
Any individual who suffers direct or threatened physical, financial or emotional harm as a result of a crime or juvenile offense. Rights apply to the immediate families of homicide victims, or victims that are unable to exercise these rights, such as children. The court may designate someone from the family to exercise these rights.
WHEN DO VICTIMS' RIGHTS BEGIN?
When a criminal complaint or juvenile petition is filed by the prosecuting attorney. This is when a case is filed with the court (charged), NOT when a statement is given to the officer. To exercise your rights as a victim, you must take a written request to the District Court on a form provided by the prosecuting attorney.
WHO IS THE PROSECUTING ATTORNEY?
The elected or appointed official who represents the interests of the people of the State of Idaho for the county or city where they work. Under Idaho's Constitution, they must choose which cases to prosecute or charge.
WHAT ARE SOME OF MY RIGHTS?
The law provides that crime victims shall be:
Treated with fairness, respect, dignity and privacy throughout the criminal justice process.
Allowed to attend all court proceedings in the case (you are responsible for your own expenses).
Entitled to a timely disposition of the case.
Given prior notice of trial, appellate and parole proceedings and provided, upon request, information about the sentence, incarceration or release of the defendant.
Heard, upon request, by a court that is considering a plea of guilty, at sentencing, incarceration or release of the defendant (unless manifest injustice would result).
Afforded the opportunity to communicate with the prosecution in criminal or juvenile offenses, and be advised of any proposed plea agreement before it has been made.
Allowed to refuse an interview, contact or other request by the defendant or any other person acting on his/her behalf-unless such contact is mandated by the court.
Consulted by the presentence investigator during preparation of the presentence report and have included in that report a statement of the impact which the defendant's criminal conduct had upon the victim. Allowed to read prior to the sentencing hearing the presentence report relating to the crime. The victim shall maintain the confidentiality of the presentence report.
Assured the speedy return by law enforcement agencies of any stolen or other personal property when no longer needed as evidence.
Notified whenever the defendant or suspect is relased or escapes from custody. The law specifies that the law enforcement agency from whose custody the defendant is released or escapes shall make the notification.
If you are a victim of a violent crime possible payment of medical bills, lost wages, conseling, funeral bills and more is available through Idaho's Crime Victims' Compensation program (1-800-950-2110)
In addition to this basic help:
If you are a victim of rape: The law requires the referring law enforcement agency to pay hospital costs of evidence collection for rape victims.
If you are a victim of domestic violence: If there is a threat of further violence by a family or household member you may file for a civil protection order at your county courthouse. They are issued on an emergency basis. There is no charge for this service.
In Idaho, a claim for benefits under the Crime Victims Compensation Act may be filed by:
A victim
The spouse or children of a deceased victim
Authorized persons, such as a parent or guardian of a victim who is a minor
To be eligible to receive financial assistance, the following conditions must be met:
The crime must have been committed in the state of Idaho after July 1, 1986. (Victims of crime occurring in other states can contact the Crime Victims Compensation Program in that state for information on where to file a claim.)
The crime must be reported to law enforcement officials within 72 hours of the crime or there must be documented good cause why it is not.
The victim/claimant must fully cooperate with law enforcement officials in the investigation and prosecution of the crime.
The victim/claimant must file a claim with the Idaho Crime Victims Compensation Program within one year of the crime or show good cause why they did not.
The victim’s/claimant’s own misconduct must not have cause or contributed to the injury. (Depending on the misconduct, eligibility may be denied or the award reduced.)
The Crime Victims Compensation Program provides funds to the victim/claimant after all other sources of payment have been exhausted, up to a maximum of $25,000. When your claim is approved, payment may be made for reasonable expenses which are the direct result of the crime, including:
Medical/ Counseling. Payments may be made for physician and hospital services, medicine, counseling, and other approved treatment, subject to a maximum benefit of $2,500 for mental health treatment. Family members of sexual assault or homicide victims may also be eligible for counseling benefits.
Wage loss. Compensation may be provided for lost wages if the victim loses more than one week of work as a result of his/her injuries. Compensation is paid at a rate of 66% of the victim’s weekly wage at the time of the crime, subject to a maximum of $175 per week.
Funeral expense. Benefits may be paid for funeral expenses up to a maximum of $2,500.
Under the program, there are certain expenses related to a crime that are not covered under the Crime Victims Compensation Act, This includes expenses related to:
Property loss
Pain and suffering
An injury that results from a traffic accident, unless it was intentionally inflicted by the operator of the vehicle; the operator was driving under the influence of alcohol/drugs; or the other driver left the scene of the accident
Payment under the program that would benefit an offender and/or accomplice
Treatment of a victim of a criminal attack which occurs while the victim was confined in a prison or other correctional facility
An injury that is sustained by the victim while engaged in felony activity or a misdemeanor DUI -- driving under the influence of alcohol/drugs (expense reimbursement may be reduced, depending on the circumstances).
To file a claim for benefits under the Crime Victims Compensation Act, you will need to complete a Crime Victim’s Application for Compensation form. You can obtain the form at any of these locations:
Idaho Industrial Commission offices
Law enforcement agencies
Prosecuting attorney offices
Hospitals
The Crime Victims Compensation Program is funded by:
Fines imposed as a result of felony and misdemeanor convictions
Judgments imposed on offenders
A federal grant
Restitution from offenders
According to Idaho law, the victim/claimant is entitled to reimbursement from the guilty party for expenses directly related to the crime. This reimbursement is called restitution.
The victim/claimant should contact the county prosecuting attorney’s office about ordering restitution as soon as possible. The prosecuting attorney’s office will assist in preparing a restitution statement to inform the judge of your reimbursable expenses and enable the judge to determine and order the appropriate restitution. If restitution is determined inappropriate, an order giving the reasons for the denial will be issued by the court.
When the victim/claimant is awarded restitution after receiving benefits from the Crime Victims Compensation Program, the Crime Victims Program is reimbursed first, with the remainder paid to the victim/claimant.
Upon receipt of a Crime Victim’s Application for Compensation form, the Case Manager requests copies of documentation of the crime since there must be documented proof that the victim meets eligibility requirements before financial assistance can be provided. Documentation may be obtained from law enforcement agencies, prosecuting attorneys, related community agencies (i.e. the Department of Health & Welfare, Child Protective Service), witnesses, physicians, services providers, etc. The victim/claimant may be requested to provide additional information about the criminal incident.
Once the requested information is received, a determination is made to award benefits or deny the claim. The victim/claimant will receive written notification from the Crime Victims Compensation Program of the decision.
No, the offender does not have to be convicted for the victim to be eligible for compensation. However, a victim/claimant must fully cooperate with law enforcement and court officials, and there needs to be sufficient evidence to show there was a crime committed.
Insurance benefits and other available resources must be used or exhausted prior to payment of benefits by the Crime Victims Compensation Program. If benefits from these sources do not cover the full amount of losses, funds from the Crime Victims Compensation Program may be applied to the remaining obligations.
Other sources for payment include: health insurance, life insurance, Medicaid/Medicare, veterans benefits, workers’ compensation, Social Security, disability insurance, sick leave paid by employers, restitution from the offender, and employee assistance programs.
The Idaho Industrial Commission is the state agency responsible for administering the Idaho Crime Victims Compensation Act. The Commission administers the Act because of its expertise in dealing with the disabled and resolving disputes.