Oklahoma
Crime Victims Compensation
Program Information

Purpose of Program
History
Application Process
Eligible Expenses
Program Funding and Commitment
Contact Information
Restitution Information

Purpose of the Program

The purpose of the Crime Victims Compensation Act is to provide a method of compensation for victims of violent crime. All funds come from federal and state offenders through fines and penalty assessments. An arrest of the offender does NOT have to take place in order to be eligible to file a claim; however, the victim and/or claimant is expected to fully cooperate in the apprehension, investigation, and prosecution of the perpetrator. The claimant is also expected to fully cooperate with the District Attorney's Office and Victims Compensation Board staff during the processing of the claim. Back to Top.

History

The Crime Victims' Compensation Program was created in 1981 with the passage of the Crime Victims' Compensation Act(click here for a copy of the Act). The Act established guidelines for eligibility and the provision of financial reimbursement to victims of crime. Program guidelines were established with the first payments being made for crimes that occurred after October 19, 1981. The Oklahoma District Attorneys Council has administered the fund since the inception of the program. Back to Top.

Application Process 

The process begins with the victim or claimant filling out the claim form (click here to fill-in and print the official claim form), and ends with a decision by the Crime Victims Compensation Board or Administrator.

Once the claim is completed and mailed to the Crime Victims Compensation Board headquarters, the staff logs the claim into the database and assigns a claim number to the application. The claim is then forwarded to the appropriate District Attorney's office Victim-Witness Coordinator for further processing. Contact information and a claim number is sent by mail to the claimant after the claim is logged in.

The Documentation process is carried out by the Victim-Witness Coordinator in the District Attorney's office. A police report is requested, along with any other forms and reports that may be needed to determine out-of-pocket expenses. After the Victim-Witness Coordinator gathers all necessary information, the completed claim is forwarded back to the Crime Victims' Compensation Program for decision. Claims usually take several months to complete due to all of the documentation that is required. Click here to search for the status of a claim.

The staff reviews the application to make sure the claim meets all of the ELIGIBILITY guidelines established by law. A primary requirement is that the crime be one in which the victim suffered physical or psychological harm or death as a result of a violent crime. Eligible claimants are the victim, a dependent of a deceased victim, or a person authorized to act on behalf of the victim. Applicants must also meet the following reporting and filing REQUIREMENTS:

• The crime must have occurred in Oklahoma.

• The crime must have been reported to law enforcement within 72 hours of the incident. The Board or administrator may find good cause for failure to report within this period. Exceptions are always made for child victims.

• The claim for compensation must be filed within one (1) year of the crime-related injury of the victim.  The one (1) year deadline may be waived and extended to two (2) years for good cause, and may be extended beyond two (2) years only in child sexual assault cases.  In no event can other claims be extended beyond two (2) years.  

• The claimant is required to fully cooperate with the police, prosecution and other law enforcement entities during the investigation and prosecution of the offender.

• Compensation shall not be awarded to a claimant if it would benefit the offender or an accomplice, and the claimant must not have been the offender or accomplice.

• Compensation that could be awarded to a claimant shall be reduced or denied, depending on the degree of responsibility for the injury or death that is attributable to the victim.

Once all documentation is received from the Victim-Witness Coordinator in the District Attorney's Office, the claim is assigned to a CLAIMS EXAMINER located at the Crime Victims Compensation Board head-quarters. The Claims Examiner reviews the documentation of losses provided by eligible victims and claimants and determines the compensable amount on the claim. Claims with expenses under $10,000.00 are then decided by the Administrator of the program. Claims over $10,000.00 are decided by the three-member Governor appointed BOARD.  Claims are generally placed on a docket for decision within 30 days of receipt of all documentation from the Victim-Witness Coordinator. If additional information is needed, the claim may take longer than 30 days to docket.

The Crime Victims' Compensation Fund is the PAYER OF LAST RESORT. Expenses that are paid or eligible to be paid from other sources such as: health insurance, Medicaid, Workers' Compensation, Medicare, and Indian Health Services may not be compensated. Employer paid leave programs are also considered a collateral source when applying for work loss; and Social Security benefits are a collateral source when applying for loss of support.

PAYMENTS are generally made within three weeks of approval. Payments are sent directly to service providers on outstanding balances at a rate of 80%. Medical, dental, and counseling service providers are required by law to write off the remaining 20% if they accept payment from the Crime Victims Compensation Board. Medical, dental, and counseling expenses that the victim is out-of-pocket will be reimbursed at 100%, provided there is documentation of payment and no collateral sources exist.

If an application is DENIED, the victim or claimant is given a written explanation and instructions on how to exercise their right to APPEAL. The first appeal is to the Board. If a victim or claimant is still dissatisfied with the decision, the second step in the process is to file a petition in District Court. Back to Top.