Restitution

Any person who suffers personal injury, death (direct heir), property damage, or loss as a direct result of crime is eligible. It is the SA's responsibility to notify the victim of their right to request restitution and provide assistance in collecting funds. 

Funds can also be collected on behalf of a governmental agency that incurred expenses as a result of the defendant's actions. 

Restitution can be ordered if the victim suffered property damage or loss as a direct result of the crime. Additionally, if the victim suffered medical or mental health, or funeral expenses, or any other direct out-of-pocket losses, or there were additional loss of earnings as a direct result of the crime. However, the court may take into consideration the defendant's ability to pay, which may deem restitution inappropriate, this should be noted for the court record.

If the court does not order restitution, the victim or the state can provide evidence that proves that damages should be paid. Juveniles (and/or their parents) can also be required to pay restitution, not to exceed $10,000, with proper evidence.

Restitution is often a condition of parole and probation, therefore it is under their supervision for that period. If the individual does not pay after 30 days of the date due, it is the victim's responsibility to file with the court. If parole/probation has been terminated, the order resides with the Central Collections Unit.

If you have an order of restitution, you may still pursue civil judgements, however, the amount will be reduced by the amount received from the restitution.

Victims of crime are eligible to be reimbursed for loss of earnings, medical, and/or funeral expenses resulting from a crime under the following circumstances:

• Crime victims or
• Victims  parents or guardians on their behalf.
• Dependents of victims who died as a result of a crime.
• Persons who paid the funeral expenses of a victim who died as a result of a crime.
• Persons injured while preventing a crime or assisting a police officer
• Persons injured or killed as a result of an individual driving while intoxicated.

• Report a crime within 48 hours.
• Complete the claim and send to CIBI within 180 days of the crime
• Only physical injuries or death directly related to the crime are eligible. The board cannot make an award for pain and suffering, or loss of personal property.
• There must be innocence of the victim. The victim cannot have any responsibility for the crime.
• There must be serious financial hardship resulting from the crime.

• Victims
• Surviving spouse, child, or other legal dependent
• Any person injured or killed while trying to prevent the crime
• Any person killed trying to give aid to first responders 
• Anyone who paid funeral expenses of above listed victims

1. First file a report with the police within 48 hours of the crime unless the requirement is waived for good cause.
2. Supporting materials required for filing with the claim include police report, medical bills, collateral payers, employer contact, Death certificate, funeral bills, number of defendants (if relevant). 
3. All victims 18 and older must apply for compensation. To be eligible victims need to have incurred at least $100 out of pocket expenses or lost two consecutive weeks of income/support.
4. The claim must be filed within three years of the crime; there are exceptions for children.
5. After the claim is filed the board notifies claimants within 10 days that their form has been received and whether additional materials will be required within 30 days.

The board will review and evalaute the claim within 90 days. It will be forwarded to the Secretary of Public Safety and Correctional Services. They will determine whether the claimant will receive an award and for how much, as well as their reasoning, which will be sent to the claimant in a letter. The claimant has 15 days to appeal, if necessary. 30 days later the secretary renders a verdict, affirming, modifying, or reversing the boards decision.

If an award is approved a claim is submitted to DPSCS division of finance within 3 days of the final decision. A request is submitted to the Comptroller. Typically this process takes another ten days. An emergency award of up to $1,000 can be granted in special circumstances.

Typically payments are made in a lump sum, but in circumstances in which there is an ongoing disability, installments may be required, as long as the victim has not reached the maximum financial limit.

It is recommended that victims, or their survivors, file a claim within three years after their crime or death, even if they are not sure of their eligiblity. DO NOT postpone filing!

If the claimant is dissatisfied with the final decision rendered by the Secretary they have 30 days to file an appeal with the circuit court after notification of the decision before it is FINAL!