Housing - Illinois Legal Advocate

Report
Crime Victim Compensation
Violent crime is a senseless, often random act, and we see far too much of it in
today’s society. It is no longer enough to ensure that offenders receive punishment
under the law. Victims and their families need our support as they attempt to
rebuild lives torn apart by tragedy.
- Lisa Madigan
Illinois Attorney General
Crime Victim Compensation Act offers financial
assistance to victims and their families of violent crime.
________________________________________________________________________
•
Established by Illinois General Assembly in 1973 with the
primary goal of helping to reduce financial burden imposed on
victims and their families
•
Joint process between the Office of the Attorney General and
Illinois Secretary of State’s Office (Court of Claims)
•
Under CVC Act, funds are collected from convicted criminals
and distributed to crime victims who face financial losses as a
result of being a victim of a crime
•
May be eligible to receive compensation up to $ 27,000
•
May be eligible for an emergency award up to $ 2,000
Who is considered a crime victim?
______________________________________________________
•
Person killed or injured in Illinois as a result of a violent
crime
•
Parents whose child is a victim
•
Person under the age of 18 who is the child, stepchild, or
sibling of the victim
•
Person who witnessed a violent crime in Illinois
•
Person killed or injured while attempting to assist a crime
victim
•
An Illinois resident who became a victim of a violent crime
in a country that does not have a compensation fund for
crime victims
Some expenses that may be covered:
______________________________________________________
• Any medical bills related to the crime (counseling,
prescriptions, doctor visits, dental work)
• Loss of earnings/loss of support up to $1,000 per month
–
Based on your net monthly earnings for the six
months prior to the incident
–
Required to submit adequate documentation as proof
of your earnings and disabling injury (letter from a
doctor/counselor)
–
Loss of earnings includes days missed from work to
attend court proceedings and doctor/counseling
appointments
• Loss of Support (up to $1000/month)
• Crime scene clean-up
• Replacement costs for clothing/bedding used as evidence
• Replacement costs of locks and/or windows damaged during
crime
• Tuition reimbursement under certain circumstances
• Temporary lodging and relocation costs
–
Moving van rental
–
Moving company fees
–
Storage fees
–
Shipping fees
–
First month’s rent
–
Security deposit
• No compensation is available for pain and suffering
Eligibility
______________________________________________________
•
Must be a victim of a crime in the State of Illinois
•
Victim must exhaust all sources of financial recovery
(health insurance, Public Aid, etc.)
•
Victim must not have contributed to his/her injury by
engaging in wrongful conduct or provocation
•
Victim does not have to be a U.S. Citizen
•
Report crime to law enforcement within 72 hours (7 days
for SA) and cooperate in the investigation and
apprehension of the offender
•
For DV cases, obtaining an OP constitutes notification and
cooperation with law enforcement
•
For SA cases only, notification to law enforcement must be
made within 7 days
– Obtaining an OP, CNCO, or having an evidence
collection kit performed at the hospital constitutes
notification to law enforcement
– Having the evidence collection kit submitted to law
enforcement constitutes cooperation
– For child victims of SA, the date of the crime is the
date the child disclosed the assault
•
File a compensation claim within 2 years of the crime or
within 1 year of the criminal indictment
Process
______________________________________________________
• Victim must fill out application and return it to the
Office of the Attorney General (OAG)
• OAG investigates and verifies info on application –
may request additional info and/or interview
• OAG makes recommendation and submits report to
the Court of Claims
• Court of Claims makes final decision
• Victim usually receives claim number within 30 days
• Takes about 6 months before money is disbursed
• Victim will probably have to pay upfront and then be
reimbursed
• Victim of sexual abuse/assault should not fill out this
application in ER
Illinois Safe Homes Act – Effective Jan. 2007
_______________________________________________________________________
Housing protections for victims of domestic and sexual violence
•
End lease (written or oral) early and leave the premises without
being responsible for rent after leaving
–
Must give landlord written notice 3 days before or after
you leave home and show there is a credible imminent
threat of harm on the premises
–
Sexual assault victims may end lease early WITHOUT
showing a credible imminent threat if an act of sexual
violence occurred on the premises against anyone in
the household
•
Emergency lock change
1. Victim does NOT share a written lease with perpetrator
–
2.
Must give landlord written request from all tenants on the lease
and include all evidence such as police reports, medical records,
court records, etc.
Victim shares an oral or written lease with perpetrator
–
Need court order granting exclusive possession of the premises
–
Must give landlord written request from all tenants, except the
perpetrator, and include a copy of the court order
•
Landlord must change the locks or give tenant permission to
change them within 48 hours of the written request—if not, tenant
may change without permission or sue landlord
•
Safe Homes Act covers private rental housing, subsidized
housing, including Section 8, but does NOT include public
housing
Victims’ Economic Security and Safety Act
(VESSA)
__________________________________________________________________________
Unpaid leave for victims to address issues arising from
domestic or sexual violence
•
Applies to all employers with at least 15 employees
-
15 – 49 employees = entitled to a total of 8 workweeks
of leave during any 12 month period
-
50 or more employees = entitled to a total of 12
workweeks of leave during any 12 month period
-
Victims do not have to take the leave all at once
•
Job is guaranteed – Victim’s boss cannot fire or demote
her/him because they took VESSA leave
•
Employers must maintain the confidentiality of all information
pertaining to VESSA leave
•
Victims do not have to tell the police or file criminal charges to
take advantage of VESSA
•
Requirements
﹣ At least 48 hours advance notice except in cases where it is
not practicable to provide such notice
﹣ Certification Requirement (sworn statement of employee and
police report, court record, and/or documentation from a
service provider)
•
If rights under this Act have been violated, victim may file
a complaint with the Illinois Department of Labor within
3 years after the violation occurred

similar documents