Victim's Assistance

Meg Spatz
St. John DA's Office
1710 Cannes Drive, LaPlace, LA
(985) 652-1716

LOUISIANA COMMISSION ON LAW ENFORCEMENT

Victim's AssistanceCrime Victims Reparations Program
Act 250 of 1982, La. R.S. 46: 1801 – 1822

Effective July 1982, the State of Louisiana established a program for the payment of compensation to the victims of certain crimes. The law, known as the Crime Victims Reparations Act, created the Crime Victims Reparations Fund. The board administers the Act’s provisions and awards payments from the fund. Income for the fund is composed of monies paid as costs levied on criminal court costs. Funds are supplemented by a federal grant, court-ordered restitution from criminals, donations and interest.

ELIGIBILITY TO APPLY FOR AWARDS

You may apply if you:

  • Believe you are a victim of a violent crime
  • Are the victim’s legal representative (his attorney or the person legally responsible for the expenses).
  • Are the victim’s dependent.

A claim may be filed regardless of whether the offender is known, has been arrested, and/or has been found guilty.

The crime must:

  • Involve the use of force or threat of use of force AND
  • Result in personal injury, death or catastrophic property loss AND
  • Result in expenses allowed by the statute and not reimbursable from any other source.

Vehicular crimes (motor vehicle, boat or aircraft) are not included unless you are:

  • The victim of a DWI driver.
  • The victim of a hit and run driver.
  • The victim of a driver who is fleeing the scene of a crime in which he knowingly participated.
  • The victim whose injuries were intentionally inflicted with a vehicle.

APPLICATION REQUIREMENTS

  • The crime must have been committed after July 16, 1982 and occurred in Louisiana or in a state or country with no compensation program.
  • You must have reported the crime to law enforcement officials within 72 hours unless there was a valid reason for later reporting.
  • You must file the application within one year from the date of the crime unless there was good cause for filing late.
  • You must provide the required information in the application.
  • Your losses must not be reimbursable from any other source such as insurance, sick or annual leave, social security, Medicare, Medicaid, civil suit or restitution. If you have access to any of these or other resources, you must use those first.
  • You must cooperate with the reasonable requests of law enforcement officials.


You may not receive an award if:

  • You do not comply with the application requirements above.
  • You are the offender or an accessory, or an award would unjustly benefit either.
  • You are confined to any type of correctional facility.

Your award could be denied or reduced if:

  • The Board finds the implication of your behavior at the time of the crime or your past criminal activity caused or contributed to the incident.
  • The victim had a criminal history which included a felony conviction in the last five years.
  • You are a willing passenger in a vehicle driven by an intoxicated driver.
  • You are operating a vehicle at the time of the crime without the required insurance.
  • You are not wearing a seat belt as required.

REIMBURSABLE EXPENSES

Expenses for which you may be reimbursed include those:

  • As a result of an injury:
  1. for personal injury: medical, hospital, dental, nursing, physical therapy, psychiatric care, or mental health counseling;
  2. actual loss of past earnings because of a disability resulting from the personal injury;
  3. care of child(ren) enabling a victim or the spouse, but not both, to engage in gainful employment.
  • As a consequence of death:
  1. funeral, burial or cremation expenses;
  2. loss of support to one or more dependents not otherwise compensated for personal injury loss;
  3. care of child(ren) enabling the surviving spouse or legal guardian of deceased victim’s children to engage in lawful employment, where that expense is not otherwise compensated for personal loss;
  4. counseling or therapy for any surviving family member of the victim or cohabiter of such victim.
  • From catastrophic loss of your home by arson.
  • Expenses of the victim associated with the collection and securing of crime scene evidence.

NON-REIMBURSABLE EXPENSES

Expenses which are not reimbursed for any reason include:

  • Property loss except for catastrophic property loss that is limited to the loss of your current residence provided it is owned and occupied by you.
  • Pain and suffering.
  • Attorney fees except when they are part of an order from a hearing or awarded by a court of law.

HOW TO APPLY:

CALL (225) 925-4437 or 1-888-6-VICTIM (nationwide)

Applications can be obtained from:

  • Any Louisiana Sheriff’s Office (Orleans Criminal Sheriff).
    Each parish sheriff has a designated contact person in his office who can assist you.
  • Louisiana Commission on Law Enforcement
    The Crime Victims Reparations Board Office
    1885 Wooddale Blvd., Room 708
    Baton Rouge, LA  70806

Completed applications are to be returned to the Sheriff’s office in the parish where the crime occurred. If in doubt, call the Board office at 1-888-6-VICTIM or (225) 925-4437 for the name of the Sheriff’s contact person in the appropriate parish.

VERIFICATION

The board is NOT responsible for your bills and does not guarantee payment on any application or guarantee payment of the maximum amount allowed by law. Any compensation awarded by the Board is determined by the Board within statutory and policy guidelines. The Board will notify you of any action taken regarding an application.

If you receive an award and also file a civil lawsuit, you must notify the board and the attorney general when you file.

In the event you receive an award and then receive payment from any collateral source or recover damages in a civil suit, you are then required to repay the Fund.

EMERGENCY AWARDS

The Board may make to a victim an Emergency Award not to exceed $500 pending its final decision on an application. This is done when it appears that an award will likely be made and undue hardship will result if no immediate relief is provided.

This page is meant to be informational and is not an exact duplicate of the statute nor does it detail Board payment and decision-making policies, as these are subject to change. Information herein applies to the Act amended through 1999.
Additional information available at http://www.cole.state.la.us/cvr.htm

The Louisiana Commission on Law Enforcement and Administration of Criminal Justice provides employment, services, programs, and activities without discrimination on the basis of color, race, religion, sex, age, disability or national origin.

Important Victim Contacts:

Meg Spatz
St. John DA's Office
1710 Cannes Drive, LaPlace, LA
(985) 652-1716

Louisiana Crime Victims Reparations
Tel. (225) 925-4437 Toll Free (888) 684-2846
Website: http://www.lcle.state.la.us/programs/cvr.asp

Louisiana Automated Victim Notification System
Toll Free (866) 528-6748
Website: https://www.vinelink.com/vinelink/initMap.do

Department of Corrections Crime Victims Services Bureau
P.O. Box 94304, Baton Rouge, LA 70804-9304
Tel. (225) 342-6223 Toll free (888) 342-6110
Website: http://www.corrections.state.la.us/view.php?cat=15&id=31

Victims of violent felony crimes, under Louisiana Constitution Article 1 Section 25 and Revised Statutes 46:1841, have the following rights:

  1. The right to reasonable notice and to be present and heard during all critical stages of pre- and post-conviction proceedings;
  2. The right to confer with the prosecution prior to final disposition of the case;
  3. The right to refuse to be interviewed by the accused or a representative of the accused;
  4. The right to review and comment on any presentence report;
  5. The right to a reasonably prompt conclusion of the case;
  6. The right to seek restitution;
  7. The right to be informed upon the release from custody or the escape of the accused or the offender.

 

 

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