Victim Compensation
Application for Compensation
Forms and Publications
Directory of Victim Witness Assistance Centers
Victim Compensation Program Advisory Committee
Frequently Asked Questions
We have assembled answers to the questions most frequently asked about the Victim Compensation Program (VCP). These answers do not cover every situation, so please don't hesitate to contact us if you have questions or concerns.
Who is eligible for compensation?
Who is not eligible?
What crimes are typically covered?
What expenses are eligible for reimbursement?
What expenses are not eligible for reimbursement?
What are the limits on assistance?
What if I have reimbursements from other sources?
Does the Victim Compensation Program have the right to be reimbursed if another source pays?
How do I apply for compensation?
What are the time limitations for filing an application?
How is the application reviewed?
Do applicants have the right to appeal?
What California laws govern the compensation program?
How can I get more information?
What is the Victim Compensation Program (VCP)?
The Victim Compensation Program (VCP) can help victims of violent crime and their families deal with the emotional, physical, and financial aftermath of crime. Victims can apply for compensation by filing an application with the California Victim Compensation and Government Claims Board (Board), which administers the VCP.
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Who is eligible for compensation?
To be eligible for compensation, a person must be a victim of a qualifying crime involving physical injury, threat of physical injury or death. For certain crimes, emotional injury alone is all that needs to be shown. Certain family members or other loved ones who suffer an economic loss resulting from an injury to, or death of, a victim of a crime may also be eligible for compensation.
Applicants must meet the following eligibility requirements. The victim must:
- Have been a California resident when the crime occurred, or the crime must have occurred in California.
- Cooperate reasonably with police and court officials to arrest and prosecute the offender.
- Cooperate with VCP staff to verify the application.
- Not have been involved in events leading to the crime or have participated in the crime.
- File the application within one year of the crime, one year after the direct victim turns 18 years of age, or one year from when the crime could have been discovered, whichever is later. Applications may also be accepted after these filing periods under certain circumstances.
- A person who is physically injured or threatened with physical injury as a result of a crime or act of terrorism that occurred in the State of California.
- A California resident or member of the military stationed in California who is a victim of a qualifying crime, wherever it occurs.
- An eligible family member or other specified persons who were legally dependent on the victim.
- A parent, sibling, spouse, or child of the victim.
- The fiancé(e) of the victim at the time of the crime or another family member of the victim who witnessed the crime.
- A grandparent or grandchild of the victim at the time of the crime, or a person living with the victim at the time of the crime, or who had previously lived with the victim for at least two years in a relationship similar to a parent, grandparent, spouse, sibling, child, or grandchild of the victim.
- A minor who witnesses a crime of domestic violence or who resides in a home where domestic violence occurs.
- Anyone who pays or assumes legal liability for a deceased victim's medical, funeral, or burial expenses, or anyone who pays for the costs of crime scene clean-up for a homicide that occurred in a residence.
- A person who is the primary caretaker of a minor victim when treatment is rendered.
Who is not eligible?
- Persons who commit the crime.
- Persons who knowingly and willingly participated in or were involved in the events leading to the crime; some exceptions may be raised.
- Persons who do not cooperate reasonably with a law enforcement agency in the apprehension and conviction of a criminal committing the crime; some exceptions may be considered.
- A person who is convicted of a felony may not be granted compensation until that person has been discharged from probation or has been released from a correctional institution and has been discharged from probation or parole, if any. The time for filing an application is still one year from the date the crime occurred.
What are examples of crimes that are typically covered?
- Assault with a deadly weapon
- Battery (when there is injury or threat of injury)
- Child abuse
- Child sexual assault
- Child endangerment and abandonment
- Domestic violence
- Driving under the influence
- Hit and run
- Vehicular manslaughter
- Murder
- Robbery
- Sexual assault
- Stalking
- Sexual battery
- Unlawful sexual intercourse (where there is injury or threat of injury) Terrorism
- Other crimes that result in physical injury or a threat of physical injury to the victim
What types of expenses may be eligible for reimbursement?
The VCP may reimburse the following expenses if they are necessary due to a crime and if there are no other sources of reimbursement available such as health insurance, worker's compensation or other benefits. Caps or limits may apply.
- Medical and medical-related expenses for the victim, including dental expenses.
- Outpatient mental health treatment or counseling.
- Funeral and burial expenses.
- Wage or income loss up to five years following the date of the crime. If the victim is permanently disabled, wage or income loss may be extended.
- Support loss for legal dependents of a deceased or injured victim.
- Up to 30 days wage loss for the parent or legal guardian of a minor victim who is hospitalized or dies as a direct result of a crime. Job retraining.
- Medically necessary renovation or retrofitting of a home or vehicle for a person permanently disabled as a result of the crime.
- Home security installation or improvements up to $1,000 if the crime occurred in the victim's home.
- In-patient psychiatric hospitalization costs under dire or exceptional circumstances.
- Relocation expenses up to $2,000 per household.
- Crime scene cleanup up to $1,000 if a victim dies as a result of a crime in a residence.
What expenses are not eligible for reimbursement?
The VCP cannot reimburse applicants for the following expenses:
- Personal property losses, except medically necessary replacement of items such as eyeglasses and assistive devices.
- Expenses related to the prosecution of an alleged perpetrator.
- Compensation for "pain and suffering."
- Expenses submitted more than three years after they are incurred may not be eligible for reimbursement unless the victim is liable for the debt at the time the expense is submitted to the VCP or has already paid the expense.
- Expenses of a victim or other applicant convicted of a felony may not be paid during the time of his/her parole, probation, or incarceration.
- Expenses incurred by the victim or other applicant convicted of a felony while he/she was incarcerated, on felony probation, or on parole.
What are the limits on assistance?
Assistance is limited to the amount of out-of-pocket expenses or bills incurred by or on behalf of the victim or applicant that have not been reimbursed by other sources such as insurance, and the amount of lost wages or loss of support (based on the victim's income) if that benefit is applicable.
The limits of various types of benefits are described below. For crimes that occurred prior to January 1, 2001, the total of all benefits paid to one person could not exceed $46,000. For crimes that occurred on or after January 1, 2001, the maximum amount that can be reimbursed is $70,000.
California law authorizes the Board to establish maximum rates and service limitations for reimbursement of medical and medical-related services and for mental health and counseling services. Currently, the VCP has established the following rate limits for medical, medical-related and mental health services:
Medical and Dental Services:
- Eligible medical expenses are reimbursed:
- At the Medicare rate plus 20 percent for services covered by Medicare
- At 75 percent of the billed amount for services not covered by Medicare
- At the Medicare DME rate for durable medical equipment (DME)
- At 100 percent for cosmetic surgery, prosthetics, hearing aids and eyeglasses
- Eligible dental expenses are reimbursed at 75 percent of the amount billed. rate.
- Reimbursement is set at $90 per hour for services provided by a licensed psychiatrist or licensed clinical psychologist.
- Reimbursement is set at $70 per hour for services provided by a licensed clinical social worker, marriage and family therapist (MFT), MFT or psychology intern, mental health nurse, or clinical nurse specialist with a specialty in psychiatric mental health nursing.
- Group therapy is reimbursed at 40 percent of the maximum individual session rates above.
- Family therapy is reimbursed at individual session rates above.
- Initially, an eligible victim will receive up to 5 mental health counseling sessions.
- No additional sessions will be approved without the submission of a Treatment Plan (TP) by the therapist.
- If the TP is approved, eligible victims may receive up to 10 more sessions, for a total of 15.
- No sessions beyond the first 15 will be reimbursed without submission of a Treatment Progress Report (TPR) by the therapist.
- When a TPR is approved:
- An eligible victim who was a minor at the time of the crime may receive up to 25 more sessions, for a total of 40;
- An eligible victim who was an adult at the time of the crime may receive up to 15 more sessions, for a total of 30; and
- An eligible applicant who is a close family member or fiancé(e) of a homicide victim may receive up to 15 more sessions, for a total of 30.
- Up to two eligible applicants who are the primary caretakers of a minor victim may share a combined total of 30 sessions.
- If the therapist determines additional treatment is necessary once a victim reaches the session limits of 15, 30, or 40 sessions, an Additional Treatment Plan (ATP) must be submitted for review. If approved, a limited number of additional sessions may be authorized.
What if I have reimbursements from other sources?
The VCP can only reimburse qualified expenses that have not or will not be paid by any other source such as health insurance, workers compensation, MediCal, or other benefits. By law, the VCP is the "payer of last resort." If any other sources of reimbursement are available for the applicant's crime-related losses, they must be used before VCP payment can be made. Other reimbursement sources that may be available include, but are not limited to:
- Medical/health, dental, or vision insurance
- Public program benefits (MediCal, unemployment insurance, or Department of Rehabilitation or other disability benefits, etc.)
- Auto insurance
- Workers' compensation benefits
- Court-ordered restitution
- Civil lawsuit recoveries
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Does the Victim Compensation Program have the right to be reimbursed if another source pays later on?
The state is entitled to recover the amount of assistance granted to a victim out of any recovery by or on behalf of the victim from any third party liable for the victim's losses. This right is secured by a statutory lien against the recovery (Government Code Section 13963). The state is also entitled to recover the amount of assistance granted out of any form of workers' compensation (Labor Code Section 4903(h)). The VCP application includes a notice of the state's lien and recovery rights.
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How do I apply for compensation?
There are several ways to apply for compensation:
- Contact your local Victim/Witness Assistance Center for help.
- Apply on-line
- Download an application, print it, and mail it in.
- Call 1-800-777-9229 to receive an application by mail or to get help with applying.
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What are the time limitations for filing an application?
An application for VCP compensation should be filed within one year of the date of the crime, one year after the victim turns 18 years of age, or one year from the date the victim or derivative victim knew or in the exercise of ordinary diligence could have discovered that an injury or death had been sustained as a direct result of a crime, whichever is later.
Under certain circumstances, the Board may grant an extension of this time period for good cause. Some of the reasons an extension may be granted include:
- A recommendation from the prosecuting attorney regarding the victim's or derivative victim's cooperation with law enforcement and the prosecuting attorney in the apprehension and prosecution of the person charged with the crime.
- Whether particular events occurring during the prosecution or in the punishment of the person convicted of the crime have resulted in the victim or derivative victim incurring additional pecuniary loss.
- Whether the nature of the crime is such that a delayed reporting of the crime is reasonably excusable.
A parent with legal custody, guardian, conservator, or relative caregiver may sign an application filed on behalf of a minor or victim. However, an eligible minor victim or derivative victim may sign the VCP application on his or her own behalf in certain circumstances.
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How is the application reviewed?
After receiving an application and related documentation, including a complete crime report, VCP staff reviews the information to determine if the victim and/or the applicant are eligible for assistance. Law enforcement officials in the investigation and prosecution of the crime, physicians, counselors, hospitals, employers, and witnesses to the crime may be contacted for verification of the injuries, losses, and expenses incurred as a result of the crime.
Upon completion of the application review process, staff makes a written recommendation to the Board to approve or deny the claim. Recommendations are generally made within 90 days of receiving the application.
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Do applicants have the right to appeal?
An applicant has a right to file an appeal if a claim is recommended for denial, or if any part of the claim is recommended for denial. An appeal must be filed within 45 days of the date the Board mailed the notice to deny the claim and/or expense. In some cases, if new information is provided, the denial may be reconsidered immediately. Otherwise, most appeals are scheduled for a hearing before a Hearing Officer. This hearing will give the applicant the opportunity to present information supporting the claim. Hearings are not held to contest the denial of an emergency award.
If the applicant does not agree with the outcome of the Board's final decision, a Petition for a Writ of Mandate may be filed in the Superior Court.
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What California laws govern the compensation program?
Government Code sections 13950 - 13969.7 govern the California law that allows victims of crime to receive payments from the Restitution Fund for unreimbursed losses that are necessary due to a crime. The Restitution Fund is the VCP's primary funding source and it receives monies collected through fines and penalties imposed by judges upon persons convicted of crimes and traffic offenses in California.
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How can I get more information?
For more information regarding the Victim Compensation Program, contact us toll-free at 1-800-777-9229 or call your local Victim/Witness Assistance Center.
You can also contact us by e-mail.
You can write to us at:
California Victim Compensation and Government Claims Board
Victim Compensation Program
P.O. Box 3036
Sacramento, CA 95812-3036