The Vermont Statutes Online

Title 13: Crimes and Criminal Procedure

Chapter 167: CRIME VICTIMS

Sub-Chapter 001: Compensation To Victims Of Crime

13 V.S.A. § 5353. Application for compensation



§ 5353. Application for compensation

(a) A victim or a dependent of a victim shall, upon application, be eligible for compensation if:

(1) a law enforcement official has filed a report concluding that a crime was committed which resulted in the injury or death of the victim; and

(2) the crime was committed in this state; or

(3) the victim is a Vermont resident, the state in which the crime occurred does not have an eligible crime victim's compensation program and the applicant would have been eligible for compensation under this chapter if the crime had been committed in this state; or

(4) the victim is a Vermont resident who is injured or killed by an act of terrorism outside the United States, to the extent that compensation is not otherwise available under federal law.

(b) Victims of crimes subject to federal jurisdiction, and their dependents, shall be eligible for compensation on the same basis as victims of state crimes.

(c) The application for compensation shall be signed by the applicant and shall contain at least the following information which shall be provided subject to the penalties of perjury:

(1) A description of the date, nature and circumstances of the crime.

(2) A complete financial statement, including pecuniary losses and the extent to which the applicant has been or may be indemnified for these expenses from any source.

(3) When appropriate, a statement indicating the extent of any disability resulting from the injury.

(4) When reasonably available, copies of all law enforcement reports and reports from all health care providers who treated or examined the victim at the time of or after the crime or who treated or examined the dependent.

(5) The applicant's Social Security number for the purpose of making cash payment to the applicant in accordance with section 5356 of this title.

(d) In any case in which the person entitled to compensation under this chapter is a minor or is mentally incompetent or unable to apply because of his or her physical condition, the application may be made on the person's behalf by a parent, spouse, guardian or other person authorized to administer the estate.

(e) In any case in which a victim otherwise eligible for compensation under this chapter dies without making an application, the board may, upon application, award medical or medically-related expenses to the victim's estate.

(f) The board may award funeral expenses to the next of kin of a deceased victim who is not survived by a dependent.

(g) A victim or a dependent of a victim shall be eligible for compensation for pecuniary losses sustained as a result of a crime which occurred after July 1, 1987 if the losses occurred on or after July 1, 1990.

(h) A victim who is under the age of 18 at the time the application for compensation is filed shall be eligible for compensation for pecuniary losses sustained as a result of a crime, no matter when the crime occurred, if the losses occurred on or after July 1, 1990.

(i) A victim shall be eligible for compensation for pecuniary losses sustained as a result of a crime which occurred before July 1, 1987 if at the time of application the case is being investigated or is being prosecuted. (Added 1989, No. 214 (Adj. Sess.), § 1; amended 1991, No. 107, §§ 1, 3, 5; 1997, No. 147 (Adj. Sess.), § 53; 2005, No. 162 (Adj. Sess.), § 2, eff. Jan. 1, 2007; 2007, No. 173 (Adj. Sess.), § 5.)