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DELAWARE
Violent Crimes Compensation Board
1500 E. Newport Pike, Suite 10
Wilmington, DE 19804
(302) 995-8383 FAX: (302) 995-8387
1-800-890-0045 (in-state)
Created in 1975 as an independent judicial branch agency, the board consists of 5 members appointed by the governor, with no more than 3 members of the same party. The program also administers a separate process for payment of forensic exams in sexual assaults.
Director: Ann DelNegro
Board: Thomas Castaldi (chair), Leah Betts, V. Lynn Gregory, Saxton Lambertson, Stephen Manista
FUNDING
The program receives an 18% add-on to all fines; traffic offenses are included. Fines of $50 on misdemeanor sex-offense convictions and $100 on felony sex-offense convictions offset costs of forensic rape exams. The program receives an annual VOCA grant.
ELIGIBILITY REQUIREMENTS
Reporting period: 72 hours
Filing period: 1 year
Exceptions: Extensions to filing period may be granted by board. Board may waive reporting requirement if unreasonable under circumstances of crime. Minimum loss: $25
PROCEDURES
Claims are prepared by administrative staff. Board meets two or three times a month to determine new claims and reopen claims, approve supplemental payments, and hold hearings. Each individual board member has authority to decide claims under $5,000; a quorum of full board decides claims above $5,000. On approved claims, victim may reopen claim only within two years from last decision of board. Appeals: Applicant has 15 days from board's decision to request a "live hearing." The hearing is held before a quorum of the board. If still dissatisfied with the decision, the applicant may appeal to superior court within 30 days following the hearing.
BENEFITS
Maximum award: $25,000
Compensable Costs (with limits)
Medical expenses: program has contracts with hospitals and other health-care providers to accept 80% payment as payment in full
Mental health counseling Board also pays up to $1,200 for assessment of and short-term counseling for children who may be victims or witnesses, outside of regular ap- plication process; further counseling available through regular application.
Lost wages/support
Funerals: $6,000 (4,000 for funeral, $750 for lot, $750 for opening/closing grave, $500 for marker)
Attorney fees: not to exceed 15% of award or $1,000, whichever is less.
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