|
San Benito County Victim/Witness Assistance Center
419 Fourth Street, Hollister, CA 95023
Compensation 
Victims of Crime Program COMPENSATION INFORMATION Pursuant to Penal Code Sections 13959-13569.4 Qualifying victims of crime may receive financial assistance for losses resulting from a crime when these losses cannot be reimbursed by other sources. The State Board of Control, Victims of Crime Program, administers California's Crime Victim Compensation Program. Who is Eligible?
Automobile Related Injuries If the injury is the result of an automobile accident, you may file an application if the accident was classified as one of the following:
Most medical, mental health counseling, funeral/burial, wage loss, loss of support, and job retraining expenses, which are incurred as a direct result of the crime are covered if they are not reimbursed by other sources. The law provides that all other available sources of reimbursement must be used first. If you are self-employed and are applying for reimbursement for loss of income (your wages), you must include copies of your state or federal tax forms for the two years prior to the year of the incident including copies of the profit and loss statements for the last two years. You must have a net loss of $100 or 20% of your net monthly income, whichever is less, with certain exceptions, for example, senior citizens or persons on fixed income from retirement or disability. Losses That Are Not Covered Personal property loss, including cash, cannot be repaid by the State Victims of Crime Restitution Fund. You may provide information to the Courts and they may order the party at fault to pay you. Expenses associated with the prosecution of an assailant are not covered, see the local Victim/Witness Assistance Center for assistance. Job Retraining or Similar Employment Rehabilitation Services If you are requestion payment for job retraining, you must first apply to the State Department of Rehabilitation for an evaluation of your retraining needs. Ask that the Department of Rehabilitation submit a retraining evaluation and plan to the Board of Control. The evaluation must state:
Filing Deadline Typically, an application must be filed within one year of the date of the incident. If not, a statement should be included with the application form explaining the reason(s) the claim was not filed within one year of the crime. Emergency Award You may quality for an emergency award of up to $2,000 if you have a loss of your income or received emergency medical treatment. Other Reimbursements Any reimbursements you have received, or will receive from any other source, such as life insurance, auto insurance, medical insurance, health benefits, workers' compensation, social security, a civil recovery or direct restitution will be deducted from the award. When preparing a claim for reimbursement be sure to include the name and address of your insurance company, policy number and policy holder's name. Attach any documents you may have showing amounts paid that are related to the incident. In addition, if you recover money by any judgment, settlement, or otherwise, as a result of the incident, the state has a right to be repaid from this source. Verification and Hearing on the Application After the application is reviewed you will be advised by mail of the staff recommendation. If you disagree with the recommendation, you may ask for an informal hearing before the Board of Control. You will be notified at least ten days in advance of the date, time and place of the hearing. Hearings are held in Sacramento, Los Angeles, San Diego and San Francisco. You may ask that your claim be heard at the hearing held in the location closest to you. You may appear either in person or ask the Board to take action without your being present. You may take a lawyer or other representative to assist you in your presentation. If you do not appear, the Board will consider the application based upon the written record and you will be notified by mail of their decision. Legal Fees If you file through an attorney and your claim is granted, the Board will award legal fees for help in filing this claim. Legal fees will be 10% of the amount of the award or five hundred dollar ($500) whichever is less. An attorney may not charge any fee in addition to that awarded by the Board for helping you file this application. Address Change If you change your address or telephone number after you have sent in the application, please advise the Board of Control in writing as soon as possible. Failure to notify the Board of a change of address may result in delays in processing the application. Where to Send the Application If filing your own application, send the application and all documents to: STATE BOARD OF CONTROL P.O. BOX 3036 Sacramento, CA 95812-3036 If filing through your local Victim/Witness Assistance Center, provide the application and documents to them. 
| ||||||||||||||||||||||
