The Mississippi Crime Victims' Compensation Act was enacted in 1990 and authorized the Department of Finance and Administration (DFA) to establish a Crime Victim Compensation Program (CVCP) and to begin accepting compensation requests on July 1, 1991.
The CVCP provides financial assistance to innocent victims of violent crime who have suffered bodily injury or death and to surviving dependents of deceased victims. The Program reduces the financial burden of crime by reimbursing victims for their crime related expenses not covered by any other source of benefits (insurance, Medicare, Medicaid, Workers' Compensation, etc.). Compensation may be awarded to the victim, the dependents of a deceased victim or a person authorized to act on behalf of the victim and/or surviving dependent. Benefits are awarded for medical care, rehabilitation, counseling services for the victim and the victim's family members, work loss for the victim or claimant, loss of support for dependents of homicide victims and funeral expenses.
FUNDING
The State of Mississippi operates the Crime Victim Compensation Program without tax dollars - the program is 100% offender funded. Revenue for compensation payments and administrative costs is derived from fees/fines imposed on criminals. Funds are generated through (1) mandatory assessments on felonies, misdemeanors and DUI infractions; (2) fees collected from felony offenders on probation and parole and; (3) other assessment fees imposed on convicted felons at the time of sentencing. Additional sources of revenue for the Program are court-ordered restitution, reimbursement through subrogation rights, and donations.
The CVCP is also eligible for the Federal Crime Victims Fund, Victims of Crime Act (VOCA). The VOCA grant funds are also derived from fees/fines imposed on criminals and provide an annual award of approximately 40% of the state funds used for victim compensation in the prior year.
ELIGIBILITY
To qualify for compensation the individual must be the victim of a criminal act who has suffered personal injury or death. Types of crimes include: assault, homicide, sexual assault, child sexual abuse, child physical abuse, domestic violence and DUI crashes. Additionally, the claimant must meet the following criteria:
| 1. | The crime occurred on or after July 1, 1991. |
| 2. | A claim application was filed within 18 months of the date of the crime. |
| 3. | In cases of child sexual abuse, the claim must be filed within 18 months after the crime was reported to law enforcement or the Department of Human Services, but in no event later than the child's twenty-first birthday. |
| 4. | The victim was not involved in a criminal act at the time of the crime. |
| 5. | The crime was reported to a law enforcement agency within 72 hours, unless good cause can be shown for not doing so. |
| 6. | The victim has cooperated fully with criminal justice officials in the investigation of the crime and the prosecution of the offender. |
| 7. | At the time of the crime, the victim was not confined in any federal, state, county or city jail or correctional facility. |
| 8. | The award does not unjustly benefit the offender. |
Compensation shall be diminished to the extent that the:
| 1. | Economic loss is recouped from collateral sources; or |
| 2. | Victim's conduct at the time of the crime contributed to his/her injury or death. |
BENEFITS
Expenses include reasonable charges incurred for necessary products, services and accommodations, including, but not limited to, medical care, rehabilitation, rehabilitative occupational training, mental health counseling and care, and funeral expenses. Lost wages are compensated for the victim's loss of income from work the victim would have performed if he/she had not been injured. Work loss benefits also include benefits for the claimant in cases where the claimant had a loss of earnings in order to assist victim during his/her recovery from their physical injuries. Loss of support is compensated to the surviving dependents for the financial support which was provided by the deceased victim.
The maximum total award is $10,000.00 with the following limitations:
| -Medical Expenses | $10,000.00 |
| -Lost Wages | $150.00 per week |
| -Loss of Support | $150.00 per week |
| -Mental Health Counseling | $2,500.00 |
| -Funeral Expenses | $3,500.00 |
The Program does not compensate for expenses which are not crime related injuries. Some examples of expenses not eligible include, but are not limited to, the following:
| - | Property losses or property damage, |
| - | Payment for pain and suffering, |
| - | Expenses not directly related to the injuries or death, |
| resulting from the crime, | |
| - | Expenses paid by collateral sources, |
| - | Medical treatment not rendered by a licensed medical doctor, chiropractor, dentist, or counselor/therapist; and |
| - | Attorney's fees These type of losses can be persued in civil court. Most domestic violence and rape crisis centers can provide referrals to legal services for victims in their area.
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CLAIM PROCESSING
The CVCP accepts applications for compensation from the following: victim, dependent of a deceased victim, or person legally acting on behalf of the victim or dependent of the victim.
A claim application for compensation must be filed no later than 18 months after the occurrence of the crime on which the claim is based. Upon receipt of a completed notarized application, an investigation is initiated to determine victim eligibility and compensable expenses. After processing an application under the rules and regulations, the Director enters an Order reporting the following: findings of fact, decision of eligibility, amount of compensation to be awarded, payee of the compensation award, percentage share of the total of any compensation award, dollar amount each person or service provider shall receive, and method of payment.
Once the Order is entered, the claimant is notified in writing of the decision. Payment of awards may be made directly to the service providers or directly to the claimant. Claimants who are denied compensation may appeal to the Deputy Director of the Department of Finance and Administration.
OBTAINING PROGRAM INFORMATION
Applications for compensation may be obtained by:
Local Telephone............ 359-6766
Statewide ...................... 1-800-829-6766
FAX .............................. 359-2470
Written Request:
Mississippi Crime Victim Compensation Program
Post Office Box 267
Jackson, Mississippi 39205
Applications are also available through district attorneys’ offices, domestic violence shelters, rape crisis centers, homicide survivor groups and the MADD office.