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Under California law (Govt C §§13959 - 13969.4), qualified victims of crime may receive financial assistance for certain losses resulting from a crime when these losses cannot be reimbursed by other sources.  The State Victims Compensation & Government Claims Board administers California's Victims of Crime Program. This program is a payer of last resort, which means it will pay only expenses or losses that are not covered by any other resources.

  
            Losses That May Be Covered

Medical/Dental expenses for the victim
Mental Health Treatment or Counseling
Wage/Income Loss
Financial and/or Support Loss for dependants of a deceased or disabled victim
Funeral and/or Burial expenses
Job Retraining for disabled victims 
Moving/Relocation expenses for the safety of the victim 
Home Security Installation or Improvements 
Home or Vehicle Renovation or Retrofitting for a permanently disabled victim

Losses That Are Not Covered

Personal property losses, including cash, are not eligible for reimbursement under the Program. The Program also cannot compensate applicants for "pain and suffering."

Who Is Eligible?

A victim who was injured or died as a result of a crime.

A derivative victim who was not directly injured or killed as a result of a crime but who, at the time of the crime,

Was the parent, sibling, spouse, or child of the victim; or

Was living in the household of the victim; or

Had lived with the victim for at least two years in a relationship similar to a parent, sibling, spouse, or child of the victim; or

Was another family member of the victim, including the victim's fiancé(e) and witnessed the crime; or

Was not the primary caretaker of a minor victim, but is now the primary caretaker.

In addition, anyone who pays for the medical and/or funeral/burial expenses of a deceased victim is considered a derivative victim.

Who Is Not Eligible?

Persons who commit the crime.

Person who contribute to or take part in the events leading to the crime.

Persons who do not reasonably cooperate with law enforcement in the investigation and/or prosecution of known suspects.

Persons who do not cooperate with the staff of the Board and/or the Victim/Witness Assistance Center in the verification of the claim.

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Requirements

The crime must have occurred in California, or if the crime occurred outside California, the victim must have been a California resident at the time of the crime.

The crime must be reported to the police, sheriff, highway patrol, adult/child protection services or other appropriate law enforcement agency.

The victim must reasonably cooperate with law enforcement in the investigation and prosecution of any known suspects.

The victim must cooperate with the staff of the Board and/or the Victim/Witness Assistance Center in the verification of the claim.

Felony Convictions

The law places restrictions on program-reimbursable expenses incurred by a victim or derivative victim who was also convicted of a felony on or after January 1, 1989.

Filing Deadlines

Applications for adult victims must be filed within one year of the date of the crime. The Board may, for good cause, grant an extension for such applications filed up to three years after the date of the crime.

Applications resulting from crimes against a minor must be filed before the minor's 19th birthday. The Board may, for good cause, grant an extension for such applications filed up to the minor's 21st birthday.

Generally, applications filed more than three years after the date of the crime against an adult or after a minor victim's 21st birthday cannot be accepted. However, some exceptions to the late filing provisions may apply if certain criteria are met.

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Filing Assistance

Victim/Witness Assistance Centers are located throughout the state. These centers have staff who are trained to assist victims in applying for compensation under the Program. For the office closest to you, contact 1-800-VICTIMS. A Victim Application and a Family Member Application for this program may also be obtained from the Victims Compensation & Government Claims Board.

Applicants may also be assisted by a private attorney. Government Code (§13965(d) provides the Board shall pay private attorneys' fees of 10 percent of the approved award up to a maximum of $500. The attorneys' fees are not deducted from the applicant's award and are paid separately from the approved award.

The law also prohibits attorneys from charging, demanding, receiving, or collecting any amount for their services, except as may be awarded by the Board.

Emergency Awards

An emergency award is an advance on a fully verified regular award. If the victim has an urgent unreimbursed loss, he/she may be eligible for an emergency award of up to $2000. If the victim has unreimbursed funeral/burial expenses, he or she may be eligible for an emergency award of up to $5,000.

Examples of expenses that would be eligible for emergency awards are wages, income loss, emergency medical treatment, or moving/relocation for domestic violence victims only.

Applications for emergency awards are processed within 30 business days after the application is accepted. If the victim receives an emergency award but is later found ineligible to receive any part of it, he or she must repay the amount received in error.

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