Module 2Kentucky Victim Assistance Academy

Lessons 2.7 – 2.9

1DRAFT KVAA

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

Learning Objectives 2.7:Learning Objectives 2.7:

2DRAFT KVAA

KENTUCKY Crime Victims Compensation Board

Virginia Woodward, Executive Director

130 Brighton Park Blvd.Frankfort, KY 40601

502.573.2290 800.469.2120

3DRAFT KVAA

Crime Victims Compensation Board

Background

•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.

4DRAFT KVAA

Crime Victims Compensation Board

• 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.

Statutory Authority

KRS 346

5DRAFT KVAA

Crime Victims Compensation Board

Payor 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

6DRAFT KVAA

Crime Victims Compensation Board

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

7DRAFT KVAA

Crime Victims Compensation Board

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

8DRAFT KVAA

Determined Ineligible

Determined Ineligible

Ineligibility letter sent

Ineligibility letter sent

Assigned to an investigator

Assigned to an investigator

File and Report submitted to Board ClerkFile and Report submitted to Board ClerkInvestigation conducted

and report writtenInvestigation conducted

and report written

Consultation with Board Attorney or Policy Advisor

if necessary

Consultation with Board Attorney or Policy Advisor

if necessary

Application and letter placed in

archive file.

Application and letter placed in

archive file.

Claim Intake / Case number assigned /acknowledgement

letter sent

Claim Intake / Case number assigned /acknowledgement

letter sent

9DRAFT KVAA

Case reviewed by full Board and vote taken.Case reviewed by full Board and vote taken.

Board member reviews, writes recommendation, submits to ClerkBoard member reviews, writes recommendation, submits to Clerk

Clerk assigns case to Board member for reviewClerk assigns case to Board member for review

Clerk writes final order and sends copy to claimant. Clerk writes final order and sends copy to claimant.

Clerk writes Recommended OrderClerk writes Recommended Order

10DRAFT KVAA

SEXUAL ASSAULT EXAM PROGRAM

KRS 346.200 Sexual 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.

•Mandates provision of SAEs.

•Lists CVCB as a payor at rate established by reg.

•Prohibits billing of victim.

12DRAFT KVAA

• 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.

SEXUAL ASSAULT EXAM PROGRAM, Cont.

KRS 216B.400 Revised in 2010 to:

13DRAFT KVAA

• 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.  

SEXUAL ASSAULT EXAM PROGRAM Payment Procedure

14DRAFT KVAA

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.

15DRAFT KVAA

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.

SEXUAL ASSAULT Exam Program, Cont.

16DRAFT KVAA

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.

17DRAFT KVAA

Forms for payment are available on the CVCB Web sitenPEP Pricing Schedule

Initial ExamLabs (Rapid HIV, CBC, CMP) $1507-day meds starter pack $200Anti-nausea $30

$380.00First Follow Up (day 7)

Exam $50Labs (Western Blot) $50 Meds (21-days) $600

$700.00Second Follow Up (day 13)

Exam $50Labs (CBC, CMP and pregnancy test) $90

$140.00Third and Final Follow Up (day 28)

Exam $50Labs (CBC, CMP) $75

$125.00Total $1,345

18DRAFT KVAA

Crime Victims Compensation Board

www.cvcb.ky.gov or call

502.573.2290 800.469.2120

19DRAFT KVAA

Crime Victims Compensation Board

3.4% of collected court costs

60/40% matching federal grant

Court-ordered restitution

General Fund Allotment

SOURCES OF

REVENUE

20DRAFT KVAA

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.

21DRAFT KVAA

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.

22DRAFT KVAA

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.

COURT COSTS

23DRAFT KVAA

(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.

24A.175 and 23A.205, cont.

24DRAFT KVAA

453.190 "Poor person" defined -- When allowed to sue without paying costs -- Application required -- Treatment of inmates.

(1)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.

25DRAFT KVAA

(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.

453.190 "Poor person" defined, cont.

26DRAFT KVAA

42.320 Court cost distribution fund -- Disbursements -- Payments into general fund.

(1)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;

27DRAFT KVAA

General Fund 49%Correctional Facilities 10.80%Spinal Cord & Head Injury 6.50%Traumatic Brain Injury 5.50%AOC 5%

Public Advocacy 3.50%Crime Victims Comp 3.40%Justice 0.70%Local County Sheriff 10.10%Local Fiscal Court 5.50%

28DRAFT KVAA

PARTNERING FOR RECOVERYWhat 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

29DRAFT KVAA

QUESTIONS?

30DRAFT KVAA

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

Learning Objectives 2.8:Learning Objectives 2.8: Parole Hearing Parole Hearing

31DRAFT KVAA

MissionThe 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

Role of the Parole BoardRole of the Parole Board

32DRAFT KVAA

Parole Board OrganizationParole Board Organization

33DRAFT KVAA

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.

What does the Parole Board consider when deciding if an What does the Parole Board consider when deciding if an inmate is granted Parole?inmate is granted Parole?

34DRAFT KVAA

3 Possible Decisions3 Possible Decisions

35DRAFT KVAA

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

36DRAFT KVAA

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

Victim RightsVictim Rights

37DRAFT KVAA

38DRAFT KVAA

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 39