Published: April 01, 1995

Assistance for Victims of Crime

A fact sheet that describes a program called the "Restitution Fund." Under California law, this allows certain victims of crime to receive financial assistance for losses resulting from a crime, which cannot be reimbursed from other sources.

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Note: Last revision 1995. Use this information as a general guide only; consult with a local consumer group for laws specific to your state.

ASSISTANCE FOR VICTIMS OF CRIME

Under California Law, certain victims of crime may receive financial assistance for losses resulting from a crime which cannot be reimbursed from other sources. The California Board of Control administers the Restitution Fund which, is available to qualified victims of crime as a last resort.

Losses which may be reimbursed from the Restitution Fund include unpaid medical bills, expense for mental health counseling, dental, funeral/burial expenses, income loss, loss of support and job retraining.

You may be eligible if...

• You sustained injury or death as a direct result of a crime.
• Other people are legally dependent upon you for support.
• You, and/or a family member of the victim, incur emotional injury as a result of the crime.
• You assume legal responsibility for the medical or burial expense of a deceased victim.

You are not eligible if...

• You contributed to the crime.
• You took part in the events leading to the crime.
• You do not cooperate with law enforcement in the investigation and/or prosecution of known suspects.
• You do not cooperate with the staff of the State Control Board in processing your claim.

Answers to Some Common Questions

I have a felony conviction. Can I still apply?

Maybe. Persons presently incarcerated, on parole or on probation for a felony conviction do not qualify for benefits until their release from incarceration, parole and probation. Further, if you have a felony conviction, the State will assist you only after those people who do not have a felony conviction are assisted for that year.

What must I do to apply?

1. Report the crime to the Police, Sheriff, CHP or other law enforcement agency.
2. Cooperate with the Victim of Crime staff.
3. You must be a California resident at the time of the crime, or the crime took place in California.
4. You must exhaust all other sources of reimbursement (eg., insurance).
5. File the application within one year of the date of the crime.

What if it's an Emergency?

You may be eligible for an Emergency Award of up to $1,000 if you have a loss of income or of emergency treatment received as a result of the crime. This award is an advance on the regular award. A regular application must be filed within one year of the date of the crime. Applications for Emergency Awards are processed within 30 working days of the date a complete application is accepted.

All losses on the regular application must be verified. This means obtaining a copy of the police report (cost can be between $7-$15), and medical bills, obtaining proof of lost wages, burial expenses, costs for replacement of glasses, artificial limbs, wheelchairs, therapy, etc. Remember to keep copies of all bills, receipts, etc. to verify your claims.

This publication was created by Legal Aid Foundation of Los Angeles

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Keywords

Assistance For Victims Of Crime, Restitution Fund, Felony Conviction

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Category

Crime/legal   ♦  

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© 1995 Consumer Action. Rights Reserved.