municipal court conference may 9, 2013 laramie, wyoming

Municipal Court ConferenceMay 9, 2013

Laramie, Wyoming

DIVISION OF VICTIM SERVICES

Division’s Primary ResponsibilitiesThe Division of Victim Services is a division

within the Office of the Attorney General. Determine eligibility for crime victims’

compensationManage state and federal funds granted to

local victim service providersMonitor local programs for complianceProvide outreach and education regarding

victims’ rights and victim services

Victim Service Providers in Wyoming24 DV/SA providers - 1 in each county and 1 on the

WRIR10 V/W programs in Prosecuting Attorney's Offices11 V/W Programs in Law Enforcement Agencies 6 Dual  DV/SA - VW Programs 2 Independent V/W programs 1 USM, 1 FBI, 1 DOC and 1 BOP  4 CASA Programs 3 Child Advocacy Centers  1 Family Justice Center

Crime Victims’ Bill of Rights in a Nutshell

Be treated with compassion, respect and sensitivity within the criminal justice system.

Crime Victims’ Bill of Rights in a NutshellThe right to know the whereabouts of the

offender.

Crime Victims’ Bill of Rights in a NutshellThe right to receive restitution from the

offender.

Crime Victims’ Bill of Rights in a NutshellThe right to know all rights under this

law, including information about services and victims assistance at the local level.

Crime Victims’ Bill of Rights in a NutshellThe right to know about victims’

compensation.

Crime Victims’ Bill of Rights in a NutshellThe right to reasonable protection and safety and

the right to know of legal recourse if threatened.

Crime Victims’ Bill of Rights in a NutshellThe right to prompt return of property.

Crime Victims’ Bill of Rights in a NutshellThe right to preservation of employment while

participating in the criminal justice process.

Crime Victims’ Bill of Rights in a NutshellThe right to be informed about the

opportunity to make a victim impact statement at sentencing and parole hearings.

Crime Victims’ Bill of Rights in a NutshellThe right to be present at trial.

Important StatutesCompensation

W.S. 1-40-101 et seq. Established the Crime

Victim’s Compensation Account

Determines who is eligible

What will be covered

Division of Victim ServicesW.S. 9-1-638

Established the Division and outlines our duties

VICTIM LOSSESTangiblePropertyMoneyLoved

onesPetsLife

IntangibleControlSelf RespectFaithTrustFreedom

VICTIM NEEDSMedical AssistanceVenting…to tell their storyTo feel safe…to be safeTo have control over their lives—ability to

make decisionsUnderstanding what is happening to them…

what will happen nextFinancial assistance

Compensation

Crime Victim Compensation Mission: To assist crime victims with out-

of-pocket expenses incurred due to crime

Program was established for victims who have sustained actual physical harm or actual mental harm because of the criminal act perpetrated against them

Definition of a Victim:A person who suffers personal injury

or death as a direct result of:Criminal act of another personAttempting to prevent a criminal act,

assisting LEAssisting another person or attempting

to stop a criminal actFederal CrimeResident killed or injured by an act of

terrorism.

Compensation StatisticsDuring SFY2012, 566 claims were

received in our office482 claims approved$1,478,745.89 was paid out to crime

victims injured in Wyoming$1,178,929.30 Medical/Dental$108,735.39 Mental HealthRemainder of funds for: Economic Support,

Funeral/Burial, Crime Scene Clean-Up, SANE Exams, and “other”

Where Does The Money Come From?Surcharge feesFederal Victims of Crime Act

ProgramRestitution/Recovery from Offenders

Compensable Crimes Include:

HomicideSexual AssaultChild Physical AbuseChild Sexual AbuseIndecent Liberties

w/a minorDomestic Violence

KidnappingRobberyAssaultDUICertain Vehicular

Related CrimesActs of Terrorism on

US Soil and Abroad

RequirementsCrime had to occur in WyomingSome proof a crime was committed is

requiredArrest NOT requiredProsecution is NOT requiredConviction is NOT required

Compensable Losses Include:Mental Health Counseling and CareMedical, Dental & Hospital ServiceArticles Taken As EvidenceOut-of-pocket expensesFuneral/Burial ExpensesLoss of EarningsLoss of Support for DependantsMileage Expense

to/from medical appointments

Victim Bill of Rights W.S. 1-40-203 (D)(iv) states that victim should be informed of the State’s compensation program

“To be provided information about compensation available under the Crime Victims Compensation Act as provided in W.S. 1-40-101 through 1-40-119.”

Compensation EligibilityWho is eligibleWho is not eligibleContributory conduct

Crime Reporting Requirements (Eligibility Requirements)

Crime should be reported to law enforcement.

Some verification that a crime occurred is necessary.

The victim suffered physical/mental injury as a result of the criminal act.

Victim should cooperate with the investigation and prosecution.

Timely Filing RequirementsAdult claims must be filed within

one year from the date the crime was committed.

Children, one year from the date the crime was reported.

Exceptions:May be extended for “good cause”

IneligiblePeople who are injured during the commission

of a crimePeople incarcerated or in a community

correctional facility at the time of the crimeVictims of property crimesPeople who commit a felony after filing for

compensationPeople who commit a misdemeanor personal

crime after filing for compensationPeople who file a claim after the expiration date

Contributory ConductReductions

From 15% to 85%Reductions are cumulative

50% Violating conditions of bond, probation or parole Knowingly and willingly entering a vehicle driven by

an intoxicated person Assisting, attempting to commit or committing a

misdemeanor criminal act Driving without a license or under suspension Driving without insurance

25% reduction Provoking the

offender in a manner where bodily harm is likely

Failure to retreat or withdraw when an option to do so is readily available

15% reduction Use of

obscene/fighting words or threatening gestures

Poor judgment due to alcohol consumption

Victim continues to provoke the offender escalating the situation (i.e. road rage)

Denial of ClaimsVictim was assisting, attempting to commit or

committing a felony crimeMutual combat—victim challenges or is

challenged to fight and accepts the challengeVictim is incarcerated at the time of the incidentVictim was at the time of the crime, under

felony indictmentVictim is charged with DUI/DWI or Reckless

DrivingTraffic offenses/ Property Crimes (not eligible)

W.S. 1-40-104(b)(i):Police Reports and Records

The division is empowered to request access to any reports of investigation, medical records, or other data necessary to assist the division in making a determination of eligibility for compensation. Upon authorization of the Attorney General, law enforcement officials, state agencies, and local government units shall provide assistance or information requested by the division.

Compensation Limits$15,000 per claim per victim per crime

$4,000 per calendar year for counseling

$500 limit on articles taken as evidence

$500 limit on crime scene clean-up$1,500 limit on benefits for associated victims

$10,000 catastrophic loss (available in some circumstances)

Catastrophic Injury W.S. 1-40-102 (c) (xi) Permanent disability of limbs or functions as a result of being a victim of a crime

Provides an extra $10,000 to aid the victim for lost wages, special home or vehicle renovations, special home health care, special education or training (not covered by other resources)

AppealsThe victim may appeal a claim which has

been denied or reduced

Appeal Process30 days from the date of the award notice Appeal needs to be in writing Appeal needs to come from the victim/claimantReviewed and back to victim/claimant in 60

days

Division StaffCara Boyle Chambers, DirectorSteve Gilmore, Deputy DirectorCathy McDonald, Administrative AssistantJamie Chavez, Special Projects Program Mgr.Jean Courts, Compensation Claims SpecialistNanette Alaniz, Program ManagerKandice Hansen, Program ManagerTraci Hodgins, Program Manager

Cara Boyle Chambers

Director, Division of Victim Services

Office of the Attorney General

122 West 25th Street

Herschler Building, 1st Floor West

Cheyenne, WY

307-777-7200 phone

307-777-6683 fax

http://victimservices.wyoming.gov

THANK YOU!!!!