Restitution/Crime Victim Compensation

Restitution
  • What is restitution?
    According to Idaho law, a victim is entitled to reimbursement from the guilty party for expenses directly related to the crime. This reimbursement is called restitution. A victim may request the criminal court to order the offender to pay restitution for expenses that are not covered by insurance, such as property damage or wage loss. The idea behind this statutory scheme is to provide a quicker and less expensive method for victims to obtain financial reimbursement, than going through the civil system. There is no guarantee that a court will order the defendant to reimburse the victim through the criminal case. However, this is accomplished in the great majority of cases. The primary statute governing when and what courts may order the defendant to pay for in a criminal proceeding are set forth in Idaho Code 19-5304.
  • How do I request restitution?
    The victim should contact the city attorney's office about requesting restitution as soon as possible. The prosecuting attorney will assist in preparing a restitution statement to inform the judge of your reimbursable expenses and enable the judge to determine and order the appropriate restitution.
  • What can a victim recover?
    The types of loss that are reimbursable includes, but is not limited to, the value of property taken, destroyed, broken, or otherwise harmed, lost wages, and direct out-of-pocket losses or expenses, such as medical expenses resulting from the criminal conduct, but does not include less tangible damage such as pain and suffering, wrongful death or emotional distress. If an insurance company pays for repairs or medical costs then you cannot recover the amount the insurance company pays but can recover out of pocket expenses such as a deductible.
  • What if the damage to my car costs more to fix than the car is worth?
    You can only recover the value of the vehicle.
  • Documentation of any and all losses must be submitted through our office.

Crime Victim Compensation

The Idaho Crime Victims Compensation Program was established in 1986 to provide financial assistance to crime victims who are injured as the result of criminally injurious conduct. If you are injured as a result of a crime, you may be eligible for compensation.
Those eligible include:

  • A person who sustained physical injury, pain and suffering as a direct result of a crime of violence;
  • Anyone legally dependent of his or her support upon a person who sustains physical injury or death as a result of a crime of violence;
  • In the event of death caused by a crime of violence, any individual that legally assumes the obligation or a relative who voluntarily pays the medical or burial expenses incurred as a direct result thereof;
  • Good Samaritans who are injured or incur property damage as a result of assisting a police officer in arresting a criminal or preventing a crime; Victims must report the crime to the police in a reasonable time and file for compensation within 18 months of the crime unless good cause is established.
  • The Crime Victims Compensation Program provides funds for treatment expenses to the victim/claimant after all other sources of payment have been exhausted, up to a maximum of $25,000. When your claim is approved, payment may be made for reasonable expenses which are the direct result of the crime, including:
    • Medical. Payments may be made for physician and hospital services, medicine, and other approved treatment.
    • Counseling. A maximum benefit of $2,500 for mental health treatment is available. Family members of sexual assault or homicide victims may also be eligible for counseling benefits.
    • Wage loss. Compensation may be provided for lost wages if the victim loses more than one week of work as a result of his/her injuries. The victim must have had a total, actual loss of wages from the loss of ability to work due to injured suffered as a result of the crime. Compensation is paid at a rate of 66% of the victim’s weekly wage at the time of the crime, subject to a maximum of $175 per week.
    • Dependant death benefits. Compensation may be provided for dependants (a spouse or child under the age of 18) of a victim who was employed at the time of a crime. C ompensation is paid at a rate of 66% of the victim’s weekly wage at the time of the crime, subject to a maximum of $175 per week.
    • Funeral expense. Benefits may be paid for funeral expenses up to a maximum of $5,000.
    • The total amount of benefits paid on any single case, regardless of benefit type, cannot exceed $25,000.

What Expenses are not covered?

Under the program, there are certain expenses related to a crime that are not covered under the Crime Victims Compensation Act, This includes expenses related to:

  • Property loss
  • Pain and suffering
  • An injury that results from a traffic accident, unless the operator of the vehicle intentionally used the vehicle to cause injury; the operator was driving under the influence of alcohol/drugs; or the other driver left the scene of the accident
  • Payment that would benefit an offender and/or accomplice
  • Treatment of a victim of a criminal attack which occurs while the victim was confined in a prison, correctional facility, or public institution
  • An injury that is sustained by the victim while engaged in felony activity or a DUI -- driving under the influence of alcohol/drugs (expense reimbursement may be reduced, depending on the circumstances).

How do I file a claim for benefits?
To file a claim for benefits under the Crime Victims Compensation Act, you will need to complete a Crime Victim’s Application for Compensation form. You can obtain the form here: http://www.crimevictimcomp.idaho.gov/

  • Idaho Industrial Commission offices
  • Law enforcement agencies
  • Prosecuting attorney offices
  • Hospitals
  • Victim advocate groups