Program Directory

West Virginia

Crime Victims Compensation Fund West Virginia Court of Claims

1900 Kanawha Blvd., East, Room W-334
Charleston, WV 25305-0610
(304) 347-4850
FAX: (304) 347-4915
1-800-562-6878 (in-state)

Web site: www.legis.state.wv.us/joint/victims/main.cfm

Court Clerk: Cheryle M. Hall

Created in 1982, the compensation program is administered by the West Virginia Court of Claims, with the court's judges making final determinations on claims.

FUNDING
The program receives $50 per felony, $10 per misdemeanor, $8 for each municipal infraction except parking tickets, $10 on other offenses, and 20% of assessed fines in drunk driving cases. The program also receives an annual VOCA grant.

ELIGIBILITY REQUIREMENTS
Law enforcement reporting period: 72 hours
Filing period: 2 years
Exceptions: Requirements may be waived for good cause; time periods begin when child victims attain age of majority

PROCEDURES
Applications are submitted to the Court of Claims. An investigator performs all work on the claim and writes a report that includes find- ings of fact and a recommendation. The report is sent to the applicant, who has 30 days to respond. This initial response is handled informally by the investigator, who reviews and comments on the response. One judge in chambers will review the file and issue an order to award or deny.

Appeals: The applicant has 21 days to request a hearing, which is held before one judge other than the initially deciding judge. The hearing judge's order is final.

BENEFITS
Maximum award: $25,000 in personal injury cases; $35,000 in homicides; $100,000 for victims left permanently and totally disabled

Compensable Costs (with limits)

Medical expenses
Mental health counseling: no sublimit for primary victims; up to $1,000 for secondary victims
Lost wages/support
Funerals: $6,000
Relocation: $1,000
Replacement services
Travel: to obtain medical assistance; $1,000 for claimant's traveling expenses to prosecute offender
Crime-scene cleanup: $1,000
Rehabilitation
Attorney fees: same as hourly rate for public defender




	Program Directory West Virginia Crime Victims Compensation Fund West Virginia Court of Claims 1900 Kanawha Blvd., East, Room W-334 Charleston, WV 25305-0610 (304) 347-4850 FAX: (304) 347-4915 1-800-562-6878 (in-state) Web site: www.legis.state.wv.us/joint/victims/main.cfm Court Clerk: Cheryle M. Hall Created in 1982, the compensation program is administered by the West Virginia Court of Claims, with the court's judges making final determinations on claims. FUNDING The program receives $50 per felony, $10 per misdemeanor, $8 for each municipal infraction except parking tickets, $10 on other offenses, and 20% of assessed fines in drunk driving cases. The program also receives an annual VOCA grant. ELIGIBILITY REQUIREMENTS Law enforcement reporting period: 72 hours Filing period: 2 years Exceptions: Requirements may be waived for good cause; time periods begin when child victims attain age of majority PROCEDURES Applications are submitted to the Court of Claims. An investigator performs all work on the claim and writes a report that includes find- ings of fact and a recommendation. The report is sent to the applicant, who has 30 days to respond. This initial response is handled informally by the investigator, who reviews and comments on the response. One judge in chambers will review the file and issue an order to award or deny. Appeals: The applicant has 21 days to request a hearing, which is held before one judge other than the initially deciding judge. The hearing judge's order is final. BENEFITS Maximum award: $25,000 in personal injury cases; $35,000 in homicides; $100,000 for victims left permanently and totally disabled Compensable Costs (with limits) Medical expenses Mental health counseling: no sublimit for primary victims; up to $1,000 for secondary victims Lost wages/support Funerals: $6,000 Relocation: $1,000 Replacement services Travel: to obtain medical assistance; $1,000 for claimant's traveling expenses to prosecute offender Crime-scene cleanup: $1,000 Rehabilitation Attorney fees: same as hourly rate for public defender