Sergeant Carolyn Stapleton

Crime Victim Services Program
Effective July, 1982, the State of Louisiana established a program to provide 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 Board and established the Crime Victims Reparations Fund. The Board administers the provisions of the Act and awards payments from the Fund. Income for the Fund is composed primarily of monies paid as costs levied on Criminal Court cases. Other components of the Fund include a federal grant, court-ordered restitution from criminals, donations, and interest.

Eligibility To Apply For Awards

You may apply if you:

1. Believe you are a victim of a violent crime.
2. Are the victim's legal representative (his attorney or the person legally responsible for the expenses).
3. Are the victim's dependant.
4. A claim may be filed regardless of whether the offender is known, has been arrested, and/or has been found guilty.

The crime must:

1. Involve the use of force or threat of use of force AND
2. result in personal injury, death, or catastrophic property loss AND
3. result in expenses covered by the statute and not reimbursable by any other source.

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

1. The victim of a DWI driver.
2. The victim of a hit and run driver.
3. The victim of a driver who is fleeing apprehension by law enforcement.
4. The victim whose injuries were intentionally inflicted with a vehicle.

Application Requirements:

1. The crime must have been committed in Louisiana after July 16, 1982, or happened to a Louisiana resident in a place with no compensation program.
2. You must have reported the crime to law enforcement officials within 72 hours unless there was a valid reason for a later reporting.
3. You must file the application within one year from the date of the crime.
4. You must provide the required information on the application.
5. 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 of other resources, you must use those first.
6. You must cooperate with the reasonable requests of law enforcement officials.

You may not receive an award if:

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

Your award could be denied or reduced if:

1. 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.
2. You were operating a vehicle at the time of the crime without the required insurance.
3. You were not wearing a seatbelt as required by state law.
4. You were a willing passenger in a vehicle driven by an intoxicated driver.

Reimbursable Expenses

Expenses for which you may be reimbursed include those:

1. For personal injury:
   1. medical, hospital, nursing physical therapy, psychiatric care, or counseling;
   2. actual loss of past earnings and anticipated loss of future 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.
2. As a consequence of death:
   1. funeral, burial, cremation expenses;
   2. loss of support to one or more dependents not otherwise compensated for personal injury loss;
   3. care of child(ren) enabling a victim or the spouse, but not both, to engage in gainful employment, where that expense is not otherwise compensated for personal loss;
   4. counseling or therapy for any surviving family member of the victim or any person in close relationship with such victim, if the person was physically present and directly observed the commission of the crime.
3. Expenses of the victim associated with the collection and securing of crime scene evidence.

Non-Reimbursable Expenses

Expenses which may not be reimbursed for any reason include:

1. Property losses except for a catastrophic property loss which is limited to the loss of your current residence provided it is owned and occupied by you;
2. Pain and suffering;
3. Attorney's fees except when they are part of an order from a hearing or awarded by a court of law.

Verification

All information presented on an application will be investigated and verified. Only actual out-of-pocket expenses can be reimbursed.

Awards

The Board is NOT responsible for your bills and does not guarantee any payment on any application.

Compensation is determined by the Board. No award may exceed $10,000 for all claims arising out of the same crime.

The Board does not guarantee payment of the maximum amount allowed by law. The Board will notify you of any action taken regarding an application. In the event you receive an award and then receive payment from any collateral source or recover damages in a civil suit, you are required to repay the Fund.

Emergency Awards

The Board may make an Emergency Award to a victim not to exceed $500 pending it's 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.

How To Apply

Applications can be obtained from:

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 (225) 925-4437 for the name of the Sheriff's Office contact person in the appropriate parish. Please see the LAVNS explaination for more information on LAVNS

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