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Crime
Victim
Services / Reparations
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The
Nebraska Crime
Victim's Reparations Act was created in 1979 with the passage of
Legislative Bill (LB) 910. The Act provides compensation to
innocent victims of a crime for certain expenses related to the
criminal act. The Nebraska
Crime
Victim's Reparations (CVR)
Program is funded through the federal Victims
of Crime Act (VOCA),
state general fund appropriations and 5% of inmate wages earned through
federally certified correctional industry programs. Nebraska
Revised Statutes 81-1801 to 81-1842 and Crime Commission Rules and
Regulations Title 80, Chapters 1 - 7 govern the operation of the CVR
Program with Crime Commission staff providing administrative
support.
The first victim compensation programs were originally established in
Great Britain and New Zealand. In the United States, all fifty
states, the District of Columbia, the Virgin Islands and Puerto Rico
have Crime Victim’s Reparations programs. When abroad, American
citizens are eligible to apply for victim compensation in the following
countries: Australia, Austria, Belgium, Bermuda, Canada, Cyprus,
Denmark, Finland, France, Germany, Great Britain, the Republic of
Ireland, the Netherlands, Norway, the Phillippines, Poland, Portugal,
Spain, Sweden, Switzerland and the United Arab Emirates. Though
victim compensation programs exist in Columbia, the Czech Republic,
Hong Kong and Luxembourg, American citizens are not eligible. In
Japan, compensation eligibility is limited to only legal residents of
that country. In Israel and Italy, victim compensation is limited
to terrorism-related crimes only.
To be eligible to receive compensation through Nebraska’s CVR Program,
a victim must report the crime to law enforcement within three days and
cooperate with the criminal justice system during investigation and
prosecution of the case. Nebraska residents who are victims of
terrorism in foreign countries are also eligible. Claims must be
filed with the CVR Program within two years of the incident and include
all required information. The victim filing the compensation
claim must also meet income guidelines to qualify for financial
assistance.
Only expenses incurred as a direct result of the crime may be
reimbursed. Medical and funeral expenses, loss of wages, loss of
earning power, mental health counseling directly related to the
criminal act and residential crime scene clean-up are eligible for
compensation. Loss of property, pain and suffering do not qualify
for reimbursement. Eligible claims are reduced by any insurance,
sick leave pay, workers’ compensation, unemployment benefits, etc.
received. A maximum of $10,000 per claim may be awarded.
The average claim amount paid during FY 00/01 was $3,987.
Crime Commission staff process compensation claims for consideration by
the Commission's Executive Director who serves as the hearing
officer. If a claim is denied or the compensation amount reduced
by the hearing officer, the victim has the right to appeal the decision
to the Crime
Victim's Reparations (CVR) Committee. The appeal
must be made in writing and received within 30 days after the decision
to deny or reduce the compensation amount is mailed to the
victim. The victim is notified and must be present at the appeal
hearing. If the CVR Committee upholds the hearing officer's
decision to deny or reduce a claim, the victim may appeal in district
court within 30 days of the CVR Committee's action. During FY 00/01,
the CVR Committee held seven hearings on appealed claims with one
appeal withdrawn.
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