State Agency Crime Victim Compensation Program - California

The California program was created in 1965 as the first compensation program in the country. It is the nation's largest program by far, paying out close to one-third of all amounts awarded in the U..S. The program operates with staff in a central office, and through contracts with 20 victim/witness centers throughout the state. Interim Executive Officer: Curt Soderlund; Deputy Executive Officer, Victims of Crime Program: David Shaw; Deputy Executive Officer, Revenue Recovery & Compliance: Jody Patel FUNDING The program has several important revenue sources: a court-imposed "restitution fine" ranging from $200 - $10,000 for felonies and $100 - $1,000 for misdemeanors; 13% of a 170% surcharge on criminal fines; and the first $20 of DUI fines. The program receives a VOCA grant. ELIGIBILITY REQUIREMENTS Reporting period: no set limit, but must be reported timely Filing period: adults, 1 year; children until age 19 Exceptions: additional 2 years with good cause (additional time may be allowed under circumstances set forth in statute) PROCEDURES Applications are submitted by victims in two ways: directly to the central office in Sacramento, or through 20 local victim/witness centers contracted to verify claims prior to submitting them to the central office. Claims must be processed within an average of 90 days according to statute and regulation, starting when the claim is accepted as complete. Program staff review all applications and expenses submitted and make recommendations for approval or denial to the State Board of Control. Uncontested recommendations are handled weekly on a "consent agenda." Appeals: If an application or expense is recommended for denial, applicants may request a hearing before the board before a final decision is made. A reconsideration process can be requested of a board denial if made within 60 days. Applicant may appeal into the court system. BENEFITS Maximum award: $46,000 Compensable Costs (with limits) Medical expenses: workers compensation fee schedule is used to set limits Mental health counseling: limit of 50 sessions, unless justification for further treatment is provided and approved. $10,000 cap for direct victims, family of homicide victims, and custodial parents or primary caretakers of minor victims; $3,000 for other derivative victims. Session limits for individual therapy of $90 for physicians and licensed psychologists, $70 for licensed clinical social workers and licensed marriage, family, and child counselors; group/family therapy reimbursement is limited to a maximum of 40% per session of the provider's individual hourly session rate, per individual victim, not to exceed maximum. Lost wages/support: generally limited to 3 years after crime; may pay up to 5 days for 1 person to arrange funeral Funerals: $5,000 Moving expenses: allowed as one-time cost when recommended by a doctor or police Rehabilitation Attorney fees: lesser of 10% of award or $500 Emergency: $2,000; $5,000 for funeral/burial California