Frequently Asked Questions
(FAQ's)
What
is the Arkansas Crime Victims Reparations Program?
The Arkansas Legislature created
the "Arkansas Crime Victims Reparations Act" when they
passed Act 817 in 1987. The legislation provides a method of compensating
and assisting victims and their dependents that have suffered
personal injury or death as the result of a violent crime, including
DWI and hit and run incidents that are a violation of A.C.A 27-53-10.
Where
does the money come from?
The Crime Victims Revolving Fund
One of the most positive aspects
of the Arkansas Crime Victims Reparations Program is that a portion
of the funding comes from individuals who commit crimes. A major
source of revenue for the program is the assessment of court costs
and fees.
The program also receives money
through the federal Victims of Crime Act as well as the court-ordered
restitution collected from criminals.
When
did Arkansas begin assisting victims of violent crimes?
The operation date for the program
is July 1, 1988.
Who
qualifies as a claimant?
- A victim
- A dependent of a homicide victim
- An authorized person acting on behalf of
one of the above
Is
there anyone excluded from acting as a claimant?
Yes. A service provider cannot act
as a claimant for the purpose of filing for compensation.
Who
qualifies as a victim?
- A person suffering personal injury or death
as the result of a criminal act
- Any Arkansas resident suffering personal injury or death
as an act of terrorism committed outside the United States
- A minor child of an eligible victim
- An immediate family member of a deceased
victim, a sexual assault victim, or a child victim
- A person who resided, at the time of the crime, in the same permanent
household as a deceased victim
- A person who discovers the body of a homicide
victim
Who
is an immediate family member?
- Parents
- Siblings
- Grandparents
- Spouse
- Children of the person suffering personal
injury or death as the result of a criminal act
What
are the eligibility criteria?
- Victimization must have occurred in Arkansas
on or after July 1, 1988
- Claim must be filed within one (1) year
of incident (and may be waived for good cause)
- Victimization was reported to the proper
authorities within 72 hours (minors excluded, may be waived for good cause)
- Victim must have suffered personal injury
or death due to criminal act of another person
- Victim/claimant must be cooperating with
the investigation and/or prosecution
- Victim must not have been covered by a collateral
source
- Victim/claimant must not have been convicted
of a criminally injurious felony
- Victim's conduct must not have contributed
to the victimization
- Victim must not have been involved in illegal
activity at the time of the incident
- Victim must not have been incarcerated at
the time of the incident
- The injury cannot be the result of a motor vehicle accident unless the act was
- In violation of Omnibus DWI, A.C.A. §5-65-101 et. seq., Intent
- In violation of A.C.A. §27-53-101 – leaving the scene of an accident involving serious injury or death
- Intentional
- Compensation must not unjustly benefit the offender or accomplice
What types of assistance are available to eligible
victims?
- Medical, including rehabilitation and dental
- Repair and/or replacement, such as eyeglasses,
dentures or hearing aids
- Mental health
- Work loss
- Funeral
- Loss of support for dependents of a homicide
victim
- Crime scene clean-up
What
does crime scene clean-up involve?
This expense is available to survivors
or dependents of homicide victims only. There is a maximum limit
of $3,000 to cover reasonable expenses involved with removing,
or attempting to remove, from the crime scene, blood, dirt, stains,
or other debris caused by the crime or the processing of the crime
scene. Reasonable expenses include, but are not limited to, cleaning
supplies, equipment rental, labor, and hazardous waste removal.
The location of a crime scene may include a structure or automobile;
however, a distinction exists between cleaning and property replacement.
Property replacement is prohibited. Additionally, the approval
of assistance with this type expense is contingent upon all other
eligibility criteria having been met.
What expenses
are not covered by the program?
- Pain and suffering
- Property damage or loss
- Attorney fees
What
are the maximum limits?
- Overall maximum is $10,000 per victim, but
this can be raised to $25,000 if the victim suffered catastrophic
injury that resulted in total and permanent disability;
- Medical expenses are paid at 65% of balance
submitted, but if the provider accepts payment they are agreeing
to accept as payment in full;
- Mental health expenses are paid up to $3,500
for out-patient treatment and $3,500 for in-patient treatment
- Funeral expenses are paid up to $7,500;
- Crime scene clean-up expenses are paid up
to $3,000.
- Up to one week of work loss directly related to participation in criminal justice activities
- Mileage directly related to participation in criminal justice activities can be paid up to $300
- Lodging directly related to participation in criminal justice activities can be paid up to $300 (reimbursement basis only)
- Lodging that is medically necessary for the victim who suffered personal injury can be paid up to $300 (reimbursement basis only)
- Up to $500 can be paid for installation of locks and windows for victims of sexual assault and domestic violence who are victimized in their primary residence (reimbursement basis only)
Who makes the decisions?
The administrative staff is responsible
for conducting an investigation on all claims submitted. This
involves gathering information regarding the victimization and
reviewing all aspects of the case to determine whether the eligibility
criteria have been met. The administrative staff will then prepare
a synopsis of each claim submitted and forward it to the Board
for review during one of its meetings or conference calls. A staff
recommendation will accompany the synopsis; however, the Board
will make the final decision on each claim.
Can
a victim whose claim is awarded file additional expenses?
Yes. These additional expenses are
considered supplemental expenses, regardless of whether they are
for treatment rendered at the time of the incident or for ongoing
treatment related to the victimization. It should be noted that
the expenses for any treatment rendered after the decision date
of the claim must be submitted in compliance with ACVRB Rule No.
24. This rule stipulates that all supplemental expenses be submitted
within one year of treatment or payment by a collateral source
in order for them to be considered for compensation.
What
recourse do victims have if a claim is denied or diminished?
A victim or claimant can appeal
the decision within forty-five (45) days of receipt of the certified
notice. The claim will be scheduled for the next available board
meeting. The victim or claimant or a representative is required
to be present at the appeal hearing.
How
often does the Board meet to review the claims or appeals?
The Board holds six annual meetings at the Attorney General’s Office to hear appeals. These meetings take place on the third Thursday of January, March, May, July, September and November. In addition, the Board meets via conference call during the months of February, April, June, August, October and December.
Who
are the members of the Arkansas Crime Victims Reparations Board?
The Board consists of five (5) members who are appointed by the Governor of the State of Arkansas. One position is currently vacant.
- Mary Marsha
Porter, Chairman
Attorney, Rogers
- Dr. Janice
Church
Psychologist, Arkansas
Children's Hospital, Little Rock
- Colleen Nick
Victim Advocate, Alma
- Cory Cox
Attorney, Little Rock
Who
is on the administrative staff?
- Bishop Woolsey, Assistant Attorney General
- Avis Lane, Administrator & Community
Relations Director
- Lynette Parham, Assistant Administrator
- Wendy Sanders, Investigator
- Brittany Hillyer, Investigator
- Derald Johnson, Investigator
- Kathy Keatts, Investigator
- Varnell Messer, Investigator
- Patsy Gatlin, Investigator
- Ada Hollingsworth, Investigator
- Ruth Wilson, Fiscal Assistant
- Clay Marks, Secretary
What
is the recourse for the victims who are denied or diminished by
the Board after an appeal hearing?
The victim or claimant may file
an appeal in Circuit Court within thirty (30) days of receipt
of the Board’s decision. The petition may be filed in the
Circuit Court in Pulaski County or the county in which the victim
or claimant resides.
Do
I need an attorney to file a claim?
No. Assistance in filing a claim
is available from the Arkansas Crime Victims Reparations Program.
In addition, the law does not provide for attorney's fees to be
paid by the program.
Do
I have to prove financial need in order to be eligible for compensation?
No.
Does
there have to be an arrest or conviction of the assailant before
compensation will be paid?
No.
How
do I file a claim?
A claim form may be obtained from
your nearest prosecuting attorney's office, law enforcement agency
or the Arkansas Crime Victims Reparations Program. You may also
download and print the form by clicking
here (downloadable
claim form requires the free Adobe Acrobat
Reader). It is necessary for the claim form to
be completed in its entirety and accompanied by the following:
- Documentation verifying that the incident
was reported to the proper authorities within 72 hours (minors
excluded); and
- At least one itemized statement
Where can I find more information?
You can contact the Program
at the following address:
Arkansas Crime Victims Reparations
Program
Office of the Attorney General
323 Center Street, Suite 200
Little Rock, Arkansas 72201
Phone: 501-682-1020 or 1-800-448-3014
