State Agency Crime Victim Compensation Program - Montana

Created in 1978, the program operates within the Board of Crime Control Program Officer: Dara Lynn Smith FUNDING The program receives 15.9% of 50% of the fines assessed by Justices of the Peace. The program receives an annual VOCA grant. ELIGIBILITY REQUIREMENTS Reporting period: 72 hours Filing period: 1 year Exceptions: Good cause; child victim has 1 year after 18th birthday to file. PROCEDURES Program staff performs all work on applications and makes award or denial. Appeals: The applicant has 30 days to request an informal hearing in writing and present additional information. A hearing officer is appointed from the Attorney General's Office, and the program's administrative officer represents the program at the hearing. The hearing officer prepares a proposed order to the administrator. The applicant is given 20 days to file exceptions before a final order is made. BENEFITS Maximum award: $25,000 Compensable Costs (with limits) Medical expenses Mental health counseling: for primary victims, $2,000 or 12 months with possibility of extension (peer review required); secondary victims: maximum of $2,000 or 12 consecutive months per person for the spouse, parent, child, brother, or sister of a homicide victim; and for the parent, brother, or sister of a minor who is a victim of a sex crime. Per-session cost limit is $76.84 per hour for individual therapy Lost wages/support: 2/3 of average gross weekly wage up to 1/2 of state's average weekly wage (currently $205.32) for employed workers; $100 per week for victim who was unemployed but actively seeking work at time of injury. Funerals: $3,500 Travel: to obtain medical assistance only if there is no therapist or doctor within 50 miles of victim Attorney fees: no more than 5% of award, paid in addition to the award Emergency awards Montana