HD17 - Review of the Division of Crime Victims' Compensation

  • Published: 1989
  • Author: Joint Legislative Audit and Review Commission
  • Enabling Authority: House Joint Resolution 184 (Regular Session, 1988)

Executive Summary:
The Crime Victims' Compensation (CVC) program was established by the General Assembly in 1976 to provide financial assistance to innocent victims of crime. Section 19.2-368.1 of the Code of Virginia states the General Assembly's intent that aid, care, and support be provided as a matter of "moral responsibility" to these victims. The CVC program therefore provides relief to victims of violent crimes, or the surviving dependents, for disability or financial hardship suffered as a result of their victimization.

The Division of Crime Victims' Compensation within the Department of Workers' Compensation is responsible for administering the CVC program. The CVC Division makes awards to eligible crime victims who experience: (1) lost earnings as a result of their Injuries, (2) funeral or burial expenses, (3) medical expenses, or (4) other crime-related expenses. The program provides benefits only if the victim is not covered by another collateral resource such as disability or medical insurance.

The division has experienced a number of accomplishments since its creation. In recent years, the program has served an increasing number of crime victims. The division awarded benefits to 506 claimants in FY 1988 as compared to 192 claimants in FY 1986. The division has also increased the proportion of claim decisions made each fiscal year. Careful attention has been paid to establishing a rigorous investigation process to make sure all claims are valid prior to paying benefits. The CVC Division has been conscientious and frugal in its expenditures of public funds.

Several concerns have been raised regarding the CVC program, however. These concerns include the adequacy of program funding, the length of time and procedures followed to process claims, and the appeal process. Some of these concerns were expressed in House Joint Resolution 184 (1988), which directed JLARC to study the transfer of the division to the Department of Criminal Justice Services (DCJS) and methods to improve crime victims' claim processing.

The majority of recommendations in this report focus on improving the administration of the CVC program, particularly the processing of crime victims claims. At this time, relocation of the division to DCJS is not recommended. Instead, efforts should be focused on improving the processes to establish, investigate, and approve or deny claims. In addition, appeal procedures should be clarified and modified. The Industrial Commission should ensure that the division develops and uses adequate written policies and procedures. Other recommendations address program funding and the organization, management, and staffing of the division.

This report summary briefly references study findings and recommendations. Full statements of specific recommendations and supporting details are contained in the text of this report.