State Agency Crime Victim Compensation Program - Tennessee

The Division of Claims Administration began administering the state's victim compensation program in 1978. Decision-making authority on claims that cannot be decided within 90 days from when the application is complete is transferred to the Tennessee Claims Commission. Claims Supervisor: Amy Dunlap FUNDING The program receives $50 for violent offenses, including drunk driving, and $26.50 for property crimes. For crimes against children under 18, a $500 additional assessment is ordered. The program also receives 5% of parolee's wages. The program receives a percentage of sales of illegal contraband, bond forfeitures, and juror reimbursement donations. An annual VOCA grant also is received. ELIGIBILITY REQUIREMENTS Reporting period: 48 hours Filing period: 1 year Exceptions: Reporting and filing periods may be waived Minimum loss: $100 or 2 weeks' continuous lost wages; may be waived PROCEDURES Claims examiner performs work on applications. Claims supervisor signs off on all claims. Once a claim becomes complete (i.e., all supporting documentation is received) the division has 90 days to make a decision. If no decision is reached within 90 days, the claim may be transferred to the Tennessee Claims Commission for a hearing. If claim is sent to the commission for an eligibility issue, a commissioner may resolve the issue and remand claim to the division for balance of decision. Appeals: The applicant has 90 days to appeal the Division of Claims Administration's decision to the Tennessee Claims Commission. BENEFITS Maximum award: $20,000 for crimes occurring on or after July 1, 1999 Compensable Costs (with limits) Medical expenses Mental health counseling Lost wages/support: 85% of average weekly wage with workers compensation limits Funerals: $4,500 Crime-scene cleanup: $1,500 Moving expenses: moving, storage, and utility expenses for victim when crime occurs in victim's principle place of residence Travel: for victim or relative to attend trial, provided person is not serving as a witness; up to 4 claimants may receive reimbursement not to exceed $1,250 per crime Rehabilitation Pain and suffering: for sex crimes only; $3,000 limit, calculated in $500 increments according to aggravating factors Attorney fees: $375 for death claims, $500 for non-death Emergency: $500 Tennessee