State Agency Crime Victim Compensation Program - Ohio

Created in 1975, the compensation program is administered by the Ohio Court of Claims under the guidance of the Ohio Supreme Court. The Attorney General's Office is charged with investigating all applications and submitting a finding of fact and recommendation to the court. Applicants are given full opportunity to present information and materials to the court. Court commissioners adjudicate claims, with, final appeal to a judge of the court. Clerk, Court of Claims of Ohio: Miles Durfey Chief, Crime Victim Services Section, Office of Attorney General: Brian Cook FUNDING The program receives $30 per felony and $9 per misdemeanor, and $50 for license-reinstatement in drunk driving cases. An annual VOCA grant also is received. ELIGIBILITY REQUIREMENTS Reporting period: 72 hours Filing period: 2 years for adults; for minors, 2 years from date crime is reported, or 20th birthday Exceptions: Waiver for good cause Filing fee: $7.50; may be waived for indigent PROCEDURES Applications may be obtained and filed at any county common pleas court or with the Court of Claims. The applicant is not required to have an attorney, but may retain one, and fees will be paid by the state. Applications are investigated by the Attorney General's Office, which submits a finding of fact and recommendation to the Court of Claims. The victim may respond and file other materials. After considering all documents, the court's single commissioner (an attorney in private practice appointed by the Ohio Supreme Court) renders a decision to award or deny. If no objection is made, payment is processed. Applicant has 5 years from date of court's last decision to file supplemental applications for additional expenses related to the original criminal incident. Appeals: If applicant or the attorney general files objection within 30 days, claim goes before 3-commissioner panel (also attorneys in private practice) that renders decision. If objections to panel decision are filed within 30 days, claim goes before judge of the Court of Claims, and the decision of the judge is final. BENEFITS Maximum award: $50,000 per victim per incident Compensable Costs (with limits) Medical expenses Mental health counseling Lost wages/support: includes lost wages to attend trial Funerals: $5,000 Moving expenses Replacement services: housekeeping and child care Travel: for medical treatment and to meet with police and prosecutors Rehabilitation Attorney fees: paid separately from award @ $60 per hour, with maximums of $720 through initial determination; $1,020 for determination of first appeal; $1,320 for final appeal. Other fees may be paid if incurred as result of crime and in furtherance of protecting the victim. Emergency: tentative award may be made if financial hardship suffered and final award likely Ohio