understanding victim services in wyoming
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Understanding Victim Services in Wyoming. Municipal Court Conference May 9, 2013 Laramie, Wyoming. DIVISION OF VICTIM SERVICES. Division’s Primary Responsibilities. The Division of Victim Services is a division within the Office of the Attorney General. - PowerPoint PPT PresentationTRANSCRIPT
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Municipal Court ConferenceMay 9, 2013
Laramie, Wyoming
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DIVISION OF VICTIM SERVICES
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Division’s Primary ResponsibilitiesThe Division of Victim Services is a division
within the Office of the Attorney General. Determine eligibility for crime victims’
compensationManage state and federal funds granted to
local victim service providersMonitor local programs for complianceProvide outreach and education regarding
victims’ rights and victim services
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Victim Service Providers in Wyoming24 DV/SA providers - 1 in each county and 1 on the
WRIR10 V/W programs in Prosecuting Attorney's Offices11 V/W Programs in Law Enforcement Agencies 6 Dual DV/SA - VW Programs 2 Independent V/W programs 1 USM, 1 FBI, 1 DOC and 1 BOP 4 CASA Programs 3 Child Advocacy Centers 1 Family Justice Center
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Crime Victims’ Bill of Rights in a Nutshell
Be treated with compassion, respect and sensitivity within the criminal justice system.
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Crime Victims’ Bill of Rights in a NutshellThe right to know the whereabouts of the
offender.
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Crime Victims’ Bill of Rights in a NutshellThe right to receive restitution from the
offender.
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Crime Victims’ Bill of Rights in a NutshellThe right to know all rights under this
law, including information about services and victims assistance at the local level.
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Crime Victims’ Bill of Rights in a NutshellThe right to know about victims’
compensation.
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Crime Victims’ Bill of Rights in a NutshellThe right to reasonable protection and safety and
the right to know of legal recourse if threatened.
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Crime Victims’ Bill of Rights in a NutshellThe right to prompt return of property.
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Crime Victims’ Bill of Rights in a NutshellThe right to preservation of employment while
participating in the criminal justice process.
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Crime Victims’ Bill of Rights in a NutshellThe right to be informed about the
opportunity to make a victim impact statement at sentencing and parole hearings.
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Crime Victims’ Bill of Rights in a NutshellThe right to be present at trial.
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Important StatutesCompensation
W.S. 1-40-101 et seq. Established the Crime
Victim’s Compensation Account
Determines who is eligible
What will be covered
Division of Victim ServicesW.S. 9-1-638
Established the Division and outlines our duties
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VICTIM LOSSESTangiblePropertyMoneyLoved
onesPetsLife
IntangibleControlSelf RespectFaithTrustFreedom
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VICTIM NEEDSMedical AssistanceVenting…to tell their storyTo feel safe…to be safeTo have control over their lives—ability to
make decisionsUnderstanding what is happening to them…
what will happen nextFinancial assistance
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Compensation
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Crime Victim Compensation Mission: To assist crime victims with out-
of-pocket expenses incurred due to crime
Program was established for victims who have sustained actual physical harm or actual mental harm because of the criminal act perpetrated against them
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Definition of a Victim:A person who suffers personal injury
or death as a direct result of:Criminal act of another personAttempting to prevent a criminal act,
assisting LEAssisting another person or attempting
to stop a criminal actFederal CrimeResident killed or injured by an act of
terrorism.
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Compensation StatisticsDuring SFY2012, 566 claims were
received in our office482 claims approved$1,478,745.89 was paid out to crime
victims injured in Wyoming$1,178,929.30 Medical/Dental$108,735.39 Mental HealthRemainder of funds for: Economic Support,
Funeral/Burial, Crime Scene Clean-Up, SANE Exams, and “other”
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Where Does The Money Come From?Surcharge feesFederal Victims of Crime Act
ProgramRestitution/Recovery from Offenders
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Compensable Crimes Include:
HomicideSexual AssaultChild Physical AbuseChild Sexual AbuseIndecent Liberties
w/a minorDomestic Violence
KidnappingRobberyAssaultDUICertain Vehicular
Related CrimesActs of Terrorism on
US Soil and Abroad
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RequirementsCrime had to occur in WyomingSome proof a crime was committed is
requiredArrest NOT requiredProsecution is NOT requiredConviction is NOT required
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Compensable Losses Include:Mental Health Counseling and CareMedical, Dental & Hospital ServiceArticles Taken As EvidenceOut-of-pocket expensesFuneral/Burial ExpensesLoss of EarningsLoss of Support for DependantsMileage Expense
to/from medical appointments
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Victim Bill of Rights W.S. 1-40-203 (D)(iv) states that victim should be informed of the State’s compensation program
“To be provided information about compensation available under the Crime Victims Compensation Act as provided in W.S. 1-40-101 through 1-40-119.”
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Compensation EligibilityWho is eligibleWho is not eligibleContributory conduct
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Crime Reporting Requirements (Eligibility Requirements)
Crime should be reported to law enforcement.
Some verification that a crime occurred is necessary.
The victim suffered physical/mental injury as a result of the criminal act.
Victim should cooperate with the investigation and prosecution.
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Timely Filing RequirementsAdult claims must be filed within
one year from the date the crime was committed.
Children, one year from the date the crime was reported.
Exceptions:May be extended for “good cause”
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IneligiblePeople who are injured during the commission
of a crimePeople incarcerated or in a community
correctional facility at the time of the crimeVictims of property crimesPeople who commit a felony after filing for
compensationPeople who commit a misdemeanor personal
crime after filing for compensationPeople who file a claim after the expiration date
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Contributory ConductReductions
From 15% to 85%Reductions are cumulative
50% Violating conditions of bond, probation or parole Knowingly and willingly entering a vehicle driven by
an intoxicated person Assisting, attempting to commit or committing a
misdemeanor criminal act Driving without a license or under suspension Driving without insurance
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25% reduction Provoking the
offender in a manner where bodily harm is likely
Failure to retreat or withdraw when an option to do so is readily available
15% reduction Use of
obscene/fighting words or threatening gestures
Poor judgment due to alcohol consumption
Victim continues to provoke the offender escalating the situation (i.e. road rage)
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Denial of ClaimsVictim was assisting, attempting to commit or
committing a felony crimeMutual combat—victim challenges or is
challenged to fight and accepts the challengeVictim is incarcerated at the time of the incidentVictim was at the time of the crime, under
felony indictmentVictim is charged with DUI/DWI or Reckless
DrivingTraffic offenses/ Property Crimes (not eligible)
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W.S. 1-40-104(b)(i):Police Reports and Records
The division is empowered to request access to any reports of investigation, medical records, or other data necessary to assist the division in making a determination of eligibility for compensation. Upon authorization of the Attorney General, law enforcement officials, state agencies, and local government units shall provide assistance or information requested by the division.
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Compensation Limits$15,000 per claim per victim per crime
$4,000 per calendar year for counseling
$500 limit on articles taken as evidence
$500 limit on crime scene clean-up$1,500 limit on benefits for associated victims
$10,000 catastrophic loss (available in some circumstances)
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Catastrophic Injury W.S. 1-40-102 (c) (xi) Permanent disability of limbs or functions as a result of being a victim of a crime
Provides an extra $10,000 to aid the victim for lost wages, special home or vehicle renovations, special home health care, special education or training (not covered by other resources)
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AppealsThe victim may appeal a claim which has
been denied or reduced
Appeal Process30 days from the date of the award notice Appeal needs to be in writing Appeal needs to come from the victim/claimantReviewed and back to victim/claimant in 60
days
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Division StaffCara Boyle Chambers, DirectorSteve Gilmore, Deputy DirectorCathy McDonald, Administrative AssistantJamie Chavez, Special Projects Program Mgr.Jean Courts, Compensation Claims SpecialistNanette Alaniz, Program ManagerKandice Hansen, Program ManagerTraci Hodgins, Program Manager
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Cara Boyle Chambers
Director, Division of Victim Services
Office of the Attorney General
122 West 25th Street
Herschler Building, 1st Floor West
Cheyenne, WY
307-777-7200 phone
307-777-6683 fax
http://victimservices.wyoming.gov
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