What are the time limitations for filing an application?
An application for VCP compensation should be filed within one year of the date of the crime, one year after the victim turns 18 years of age, or one year from the date the victim or derivative victim knew or in the exercise of ordinary diligence could have discovered that an injury or death had been sustained as a direct result of a crime, whichever is later.
Under certain circumstances, the Board may grant an extension of this time period for good cause. Some of the reasons an extension may be granted include:
- A recommendation from the prosecuting attorney regarding the victim's or derivative victim's cooperation with law enforcement and the prosecuting attorney in the apprehension and prosecution of the person charged with the crime.
- Whether particular events occurring during the prosecution or in the punishment of the person convicted of the crime have resulted in the victim or derivative victim incurring additional pecuniary loss.
- Whether the nature of the crime is such that a delayed reporting of the crime is reasonably excusable.
For crimes on or after January 1, 2002, a family member or other applicant may file an application at any time after the Board has accepted the application filed by or on behalf of a victim of the same qualifying crime.
A parent with legal custody, guardian, conservator, or relative caregiver may sign an application filed on behalf of a minor or victim. However, an eligible minor victim or derivative victim may sign the VCP application on his or her own behalf in certain circumstances.
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How is the application reviewed?
After receiving an application and related documentation, including a complete crime report, VCP staff reviews the information to determine if the victim and/or the applicant are eligible for assistance. Law enforcement officials in the investigation and prosecution of the crime, physicians, counselors, hospitals, employers, and witnesses to the crime may be contacted for verification of the injuries, losses, and expenses incurred as a result of the crime.
Upon completion of the application review process, staff makes a written recommendation to the Board to approve or deny the claim. Recommendations are generally made within 90 days of receiving the application.
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