State Agency Crime Victim Compensation Program - West Virginia

Created in 1982, the compensation program is administered by the West Virginia Court of Claims, with the court's judges making final determinations on claims. Court Clerk: Cheryle M. Hall FUNDING The program receives $50 per felony, $10 per misdemeanor, $8 for each municipal infraction except parking tickets, $10 on other offenses, and 20% of assessed fines in drunk driving cases. The program also receives an annual VOCA grant. ELIGIBILITY REQUIREMENTS Reporting period: 72 hours Filing period: 2 years Exceptions: Requirements may be waived for good cause; time periods begin when child victims attain age of majority PROCEDURES Applications are submitted to the Court of Claims. An investigator performs all work on the claim and writes a report that includes findings of fact and a recommendation. The report is sent to the applicant, who has 30 days to respond. This initial response is handled informally by the investigator, who reviews and comments on the response. One judge in chambers will review the file and issue an order to award or deny. Appeals: The applicant has 21 days to request a hearing, which is held before one judge other than the initially deciding judge. The hearing judge's order is final. BENEFITS Maximum award: $25,000 in personal injury cases; $35,000 in homicides Compensable Costs (with limits) Medical expenses Mental health counseling Lost wages/support Funerals: $4,000 Replacement services Travel: to obtain medical assistance Rehabilitation Attorney fees: same as hourly rate for public defender West Virginia