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Criminal Justice Update

Fund helps qualified crime victims cover expenses

4/24/2017
Though he doesn’t consider himself a victim, the deputy director of the Ohio Victims of Crime Compensation Program has experienced violent crime.

“Fifteen years ago, I was robbed at gunpoint,” said William Fulcher. “My wife and young daughter could have lost their spouse and their dad.”

The experience made him more aware of the importance of the program, which reimburses victims, their families, and others who have incurred expenses resulting from a crime of violence. The expenses may include medical bills, lost wages, counseling, and funeral expenses. The compensation comes from federal grants, licenses, court fines and fees, and restitution.

“Some crime victims don’t have good jobs with sick leave and vacations,” he said. “Those are the people we can really help. They could be off work for months and not have any income during that time. They could lose their car, their house, be evicted, or have their utilities shut off. We can help them avoid those things.”

The program also has an emergency award of $2,000 that can be processed quickly to assist a victim or victim’s family facing an eviction or utility shut off.

Fulcher, who started his career in the Attorney General’s Crime Victim Services Section in 1979 and has worked in every level of the compensation program, will be available at the office’s Two Days in May Conference on Victim Assistance to answer questions about the program, which is administered by the Ohio Attorney General’s Office with court review provided by the Ohio Court of Claims.

The Crime Victim Services Section will also offer a workshop for attendees. This year, Melissa Montgomery and Mark Zemba will present “Ohio Crime Victims Compensation: The Legal Perspective.”

They will discuss how attorneys can represent victims seeking compensation or civil protection orders and have the fees paid through the program’s fund.

When Ohio Attorney General Mike DeWine took office, he wanted to make sure the program was reaching all 88 counties, so the Crime Victim Services Section did a study and found out which counties were underrepresented among claimants.

 “In the aftermath of a crime, it’s critically important that victims have access to the compensation program and essential services needed to recover, no matter where they live in the state,” DeWine said.

The office started an outreach campaign and sent investigators and others out to talk to officials in underrepresented counties. It also changed the application and made it available online.

“The response has been great, and our claims have gone up,” Fulcher said.

In 2016, the fund provided $7.1 million for 2,955 claims, for an average claim of $2,401. The fund ended the year with a balance of $15.1 million.

Law enforcement officers carry the “Ohio Crime Victims’ Rights” booklet with information about the program to share with victims of violent crime. The booklets are also available at prosecutors’ offices, domestic violence shelters, and sexual assault crisis centers. There is no time limit for adults to file a claim.

To process the claim, investigators with Crime Victim Services have to verify all of the information provided by contacting, for example, employers, medical providers, insurance companies, and the IRS.

Once the claim is processed, the investigator sends it to a supervisor for approval. Then, it goes to an attorney for a final review and decision.

“We are a compensation program,” he said, “so you have to show us the expenses that you are personally responsible for.”

The program also has to follow the law.

“Among other things, we have to make sure a victim didn’t have any illegal drugs in his or her system, which is a disqualifier. And, we have to make sure the victim didn’t have a felony in the 10 years prior to their victimization.”

If a family provider is a victim of a homicide, dependents can be compensated for their loss. To do that, the program uses a formula and takes the person’s income at the time of their death and projects it throughout their work life. The maximum award is $50,000 for each claim.

Dissatisfied claimants can appeal the decision.

To fill out an application, or read about the program, visit the Ohio Attorney General's website.