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CRIMINAL JUSTICE SYSTEM. Module 2 Kentucky Victim Assistance Academy Lessons 2.7 – 2.9. Learning Objectives 2.7:. Demonstrate an understanding of the statutory authority for the Crime Victims Compensation Board

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  1. CRIMINAL JUSTICE SYSTEM Module 2 Kentucky Victim Assistance Academy Lessons 2.7 – 2.9 DRAFT KVAA

  2. Learning Objectives 2.7: • Demonstrate an understanding of the statutory authority for the Crime Victims Compensation Board • Demonstrate a clear understanding of the requirements and process for a CVCB claim • Demonstrate an understanding of the Sexual Assault Examination program managed by CVCB • Understand the various funding sources that provide the financial resources for the CVCB DRAFT KVAA

  3. KENTUCKY Crime Victims Compensation BoardVirginia Woodward, Executive Director 130 Brighton Park Blvd. Frankfort, KY 40601 502.573.2290 800.469.2120 DRAFT KVAA

  4. Crime Victims Compensation BoardBackground • The Crime Victims Compensation Board was established by the Kentucky General Assembly in 1976, the 14th state to do so. • The National Association of Crime Victims Compensation Boards was established in 1977 • Victims of Crime Act, as part of a national movement in support of crime victims, was passed in 1984. DRAFT KVAA

  5. Statutory Authority • Administered by an independent five-member Board whose members also administer the Sexual Assault Exam Program and serve on the Board of Claims. • In regard to innocent victims of violent crimes, the Board has the authority to investigate claim applications and consider payment or reimbursement for the following expenses related directly to the crime: funeral/burial, medical/dental, mental health, loss of wages and support, and repair or replacement of lenses. • Awards per victim are capped at $25,000; included in that cap is a $5,000 cap for funeral expenses. KRS 346 DRAFT KVAA

  6. Crime Victims Compensation BoardPayor of last resort • Awards will be reduced by amounts received or to be received from other sources, including: • Insurance • Settlement of a lawsuit • Medicaid/Medicare • Worker’s Comp, • Social Security • Restitution DRAFT KVAA

  7. Requirements for compensation • Claimant must be an innocent victim of a chargeable crime occurring in the state of Kentucky, or third party responsible for payment, (either a resident or visitor to the state) • Incident must be reported to law enforcement within 48 hours (or justifiable reason must be provided); a conviction is not required. • Cooperation with law enforcement and prosecution • A Government-issued identification number DRAFT KVAA

  8. Example of expenses not covered include: • Injuries resulting from an automobile accident if not determined that the driver causing the accident did so intentionally or violated DUI laws. • Property damage • Expenses related to attending the trial (mileage, parking, lodging, etc.) • Household living expenses • Moving / relocation expenses • Crime scene cleanup • Pain and suffering, emotional distress, loss of consortium • Child care • Lost scholarships DRAFT KVAA

  9. Crime Victims Compensation Process Claim Intake / Case number assigned /acknowledgement letter sent Determined Ineligible Ineligibility letter sent Assigned to an investigator Application and letter placed in archive file. Consultation with Board Attorney or Policy Advisor if necessary Investigation conducted and report written File and Report submitted to Board Clerk DRAFT KVAA

  10. Crime Victims Compensation Process Clerk assigns case to Board member for review Board member reviews, writes recommendation, submits to Clerk Clerk writes Recommended Order Case reviewed by full Board and vote taken. Clerk writes final order and sends copy to claimant. DRAFT KVAA

  11. SEXUAL ASSAULT EXAM PROGRAM • KRS 346.200Sexual assault victim assistance fund. • Establishes the sexual assault program within the CVCB. • KRS 216B.400 Examination services for victims of sexual offenses -- Examination expenses paid by Crime Victims' Compensation Board -- Reporting to law enforcement -- Examination samples as evidence. • Mandatesprovision of SAEs. • Lists CVCB as a payor at rate established by reg. • Prohibits billing of victim. DRAFT KVAA

  12. SEXUAL ASSAULT EXAM PROGRAM, Cont. KRS 216B.400 Revised in 2010 to: • establish victim’s right to determine reporting of the assault; • allow for other than the “original “form; • expand definition of who may perform the exam; • allow for storage and destruction of forensic evidence. DRAFT KVAA

  13. SEXUAL ASSAULT EXAM PROGRAM Payment Procedure • SAE providers submit payment forms to existing private or public medical insurance providers.   • Uncovered expenses are paid by the CVCB directly to SAE providers. • KRS 216B.400(9) prohibits the hospital, the sexual assault examination facility, the physician, the pharmacist, the health department, the sexual assault nurse examiner, other qualified medical professional, the victim's insurance carrier, or the Commonwealth from billing the victim.   DRAFT KVAA

  14. SEXUAL ASSAULT EXAM PROGRAM Payment Procedure, cont. • The victim may be charged for expenses not related to the examination process (e.g., ambulance expenses, follow-up care, hospitalizations, surgical procedures).  • In such cases, the victim may file a claim with the CVCB for such expenses. DRAFT KVAA

  15. SEXUAL ASSAULT Exam Program, Cont. • 502 KAR 12:010. Sexual assault forensic-medical examination protocol. Amended in 2011 to: • specifically include HIV post-exposure treatment. • provide protocol for collection, storage and destruction of forensic evidence • 107 KAR Payment schedule for sexual assault examination of victims of sexual offences. • Amended in 2011 to: • provide HIV post-exposure treatment payment schedule. DRAFT KVAA

  16. SEXUAL ASSAULT HIV Post-Exposure Treatment • Payment for this treatment will not be considered by the CVCB if this is the only service a victim requests. • Forms for payment – a voucher, initial visit and three follow-up visit forms –are available on the CVCB Web site. • Each provider is responsible for filling out the appropriate form. • Call the CVCB / Lindsay Crawford, 502.573.2290, for assistance or if you have questions. DRAFT KVAA


  18. Crime Victims Compensation Boardwww.cvcb.ky.gov or call 502.573.2290 800.469.2120 DRAFT KVAA

  19. Crime Victims Compensation Board 3.4% of collected court costs General Fund Allotment SOURCES OF REVENUE 60/40% matching federal grant Court-ordered restitution DRAFT KVAA

  20. RESTITUTION KRS 346.180 Award constitutes debt owed state – Manner of payment (1) “Any payment of benefits to or on behalf of a victim under this chapter creates a debt due and owing to the state by any person found to have committed such criminal act in either a civil or criminal court proceeding in which he is a party. .” (2) The court when placing any convicted person, who owes a debt to the state as a consequence of a criminal act, on probation and conditional discharge as provided in KRS 533.020 may set as a condition of the probation or conditional discharge the payment of the debt to the state. The court also may set the schedule or amounts of payments to be made subject to modification based on change of circumstances. DRAFT KVAA

  21. 346.180 (Continued) (3) The parole board shall also have the right to make payment of the debt to the state a condition of parole under the provisions of KRS Chapter 439 subject to modification based on change of circumstances. KRS 533.030(3) “..if as a direct result of the crime the victim incurred medical expenses that were paid by the….Crime Victims Compensation Board…the court shall order the defendant to make restitution in addition to any other penalty provided for the commission of the offense. DRAFT KVAA

  22. COURT COSTS 24A.175 Court costs for criminal cases in District Court -- Payment required -- Exceptions. 23A.205 Court costs for criminal cases in Circuit Court -- Payment required -- Exceptions. (3) …shall be mandatory and shall not be subject to probation, suspension, proration, deduction, or other form of nonimposition in the terms of a plea bargain or otherwise, unless the court finds that the defendant is a poor person as defined by KRS 453.190(2) and that he or she is unable to pay court costs and will be unable to pay the court costs in the foreseeable future. DRAFT KVAA

  23. 24A.175 and 23A.205, cont. (4) If the court finds that the defendant does not meet the standard articulated in subsection (3) of this section and that the defendant is nonetheless unable to pay the full amount of the court costs, fees, and fines at the time of sentencing, then the court shall establish a show cause date by which time court costs, fees, and fines shall be paid and may establish an installment payment plan whereby the defendant pays the full amount of the court costs, fees, and fines to the circuit clerk in installments as established by the court. The court costs, fees, and fines under the installment plan shall be paid within one (1) year of the date of sentencing notwithstanding any remaining restitution or other monetary penalty owed by the defendant and arising out of the conviction. Installment payments will be applied first to court costs, then to restitution, then to fees, and then to fines. DRAFT KVAA

  24. 453.190 "Poor person" defined -- When allowed to sue without paying costs -- Application required -- Treatment of inmates. • A court shall allow a poor person residing in this state to file or defend any action or appeal therein without paying costs, whereupon he shall have any counsel that the court assigns him and shall have from all officers all needful services and process, including the preparation of necessary transcripts for appeal, without any fees, except such as are included in the costs recovered from the adverse party, and shall not be required to post any bond except in an amount and manner reasonable under the circumstances of his poverty. • (2) A "poor person" means a person who is unable to pay the costs and fees of the proceeding in which he is involved without depriving himself or his dependents of the necessities of life, including food, shelter, or clothing. DRAFT KVAA

  25. 453.190 "Poor person" defined, cont. (3) Application to proceed without payment of costs and fees, pursuant to subsection (1) herein, shall be made by motion supported by the affidavit of the applicant stating the reasons that he is unable to pay the costs and fees or give security therefore. (4) No inmate shall be automatically allowed to proceed through the courts in forma pauperis by virtue of his status as an inmate, nor shall his incarceration lead to a presumption of impoverishment, or constitute evidence of a rebuttable presumption of impoverishment. (5) A court may consider the value of all of the benefits an inmate receives by virtue of his incarceration and for which the inmate has not monetarily reimbursed the Commonwealth, including, among other things, the value of his room, board, medical care, dental care, recreational programming, educational opportunities offered to the inmate, legal services provided to the inmate without cost, clothing, laundry, guard protection services, or any other benefit similarly conferred upon the inmate. DRAFT KVAA

  26. 42.320 Court cost distribution fund -- Disbursements -- Payments into general fund. • There is hereby established the court cost distribution fund, which is created to provide a central account into which the court costs collected by all circuit clerks, under KRS 23A.205(1) and 24A.175(1), shall be paid. • (2) The fund shall be administered by the Finance and Administration Cabinet, which shall make monthly disbursements from the fund according to the following schedule: • (g) Three and four-tenths percent (3.4%) of each court cost, up to one million seven hundred thousand dollars ($1,700,000), shall be paid into the crime victims' compensation fund created in KRS 346.185; DRAFT KVAA


  28. PARTNERING FOR RECOVERY What Can You Do? • Remind the prosecutor to encourage the judge to order restitution • Promote full payment of court costs • Communicate with CVCB restitution officer regarding status of the case DRAFT KVAA


  30. Learning Objectives 2.8: Parole Hearing • Identify the Parole Board’s Role • Decision Making Process of the Board • Identify the what the Victim’s Role in the Hearing Process • Identify Victim’s Rights in the Parole Process DRAFT KVAA

  31. Role of the Parole Board Mission The Kentucky Parole Board will make decisions that maintain a delicate balance between public safety, victim’s rights, reintegration of the offender and recidivism. We will achieve this important balance by application of our Core Values: • Knowledge • Experience • Integrity DRAFT KVAA

  32. Parole Board Organization DRAFT KVAA

  33. What does the Parole Board consider when deciding if an inmate is granted Parole? • The nature of the offense. • Any prior juvenile, misdemeanor, or felony convictions. • Input from victims and others who have been affected by the crime. • Probation and parole history. • Institutional conduct, participation in rehabilitation programs and relevant psychological evaluations. • Statements from the sentencing judge and prosecuting attorney. • An evaluation of community resources available to help the offender re-enter society. DRAFT KVAA

  34. 3 Possible Decisions DRAFT KVAA

  35. For to be free is not merely to cast off one’s chains, but to live in a way that respects and enhances the freedom of others. Nelson Mandela DRAFT KVAA

  36. Victim Rights • Testify in the parole hearing • Write an opinion about the inmate to be considered in their parole hearing • Notification when an offender is coming up for a parole hearing • Notification when the offender is scheduled to be released on parole DRAFT KVAA


  38. This Instructor Manual was produced by the Justice and Public Safety Cabinet and Western Kentucky University under 2011VFGXK004, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this Instructor Manual are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice. DRAFT KVAA

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