COMCOR 02.42A.01 Crime Victim Compensation Fund

Crime: An act committed by any person which would be a crime under the laws of this County, the State of Maryland, Federal Law, or at Common Law.

Department: Montgomery County Department of Health and Human Services.

Director: The director of the Montgomery County Department of Health and Human Services or the director's designee at or above the level of program administrator.

Fund: Crime Victim Compensation Fund.

Immediate Family Member: A parent, child, spouse, or sibling of the victim.

Income Eligible: A victim whose gross annual income is within the eligibility guidelines as set by the Montgomery County Housing Opportunity Commission for Federally subsidized benefits.

Law Enforcement Agency: Defined for purposes of this regulation as:

A. the Maryland State Police;

B. the Montgomery County Police Department;

C. the Police Department, Bureau, or Force of any incorporated city or town lying within Montgomery County;

D. the Montgomery County Sheriff’s Department;

E. appropriate Federal law enforcement agency; and

F. any comparable law enforcement agency outside Montgomery County.

Program: Victim Assistance and Sexual Assault Program of the Behavioral Health and Crisis Services Area of the Department of Health and Human Services.

Program Administrator: Administrator of the Victim Assistance and Sexual Assault Program.

Victim: A person who suffers direct or threatened physical, emotional, or financial harm as a result of a crime or attempted crime and includes immediate family members or household members.

2.1 The Department of Health and Human Services is responsible for establishing necessary departmental procedures to ensure the expeditious handling of all requests for victim compensation.

2.2 As part of the annual budget submission, the County Executive will state the amount raised by the Victim Assistance and Sexual Assault Program in the previous calendar year and recommend, in addition to the regular appropriation for the program, an additional appropriation necessary for a 2-1 County match of private donated funds.

3.1 In addition to self-referrals, the Program will accept referrals from the Police, the Courts, the State's Attorney's Office, the Abused Persons Program, and other individuals, programs, and agencies who have come into contact with victims of crimes.

4.1 To be eligible to receive compensation from the Fund, an individual must be a victim of a crime committed in Montgomery County or a resident of Montgomery County who is a victim of a crime in another jurisdiction where comparable compensation is not available. The crime must have been reported to an appropriate law enforcement, domestic violence or sexual assault agency within forty-eight hours after its occurrence or its discovery. The Program Administrator may waive this deadline if the administrator determines that it was difficult or impossible for the victim to meet the deadline. Reporting to an appropriate law enforcement agency means that a crime report number is issued and recorded in that law enforcement office.

4.2 In addition, immediate family members and household members of a victim are eligible to receive compensation from the Fund.

4.3 If a victim is deceased as a result of the crime, funeral, cremation, or other burial and final disposition services for the victim may be compensated from the fund. A funeral, cremation, or other burial and final disposition service provider may request and receive compensation for services provided on behalf of the victim. A person or entity may request and receive compensation for funeral, cremation, or other burial and final disposition service provided on behalf of the victim provided that proper documentation of payment to the service provider is submitted to the Program.

5.1 Income eligible victims are eligible for costs incurred for court appearances, claim hearings, and medical (including mental health) treatment; replacement of property lost as a result of a crime and needed for the well-being of the victim; and other services or financial assistance directly related to the effects of the crime on the victim. Total compensation per single criminal incident is limited to $5,000.

5.2 A member of a victim’s immediate family or household may receive compensation for mental health services only. Reasonable proof that a relationship qualifies under this subsection may be requested. Reasonable proof shall consist of one or more of the following: marriage certificate, birth certificate, lease or mortgage statement demonstrating joint residence; utility bills demonstrating joint residence; or documentation that the Director determines is equivalent to the above.

5.3 Compensation for mental health services for the victim’s immediate family or household members may not exceed $1,000 (20% of the maximum compensation) if the member of the immediate family or household meets income limits that apply to the victim.

5.4 Compensation for mental health services for the victim’s immediate family or household members may not exceed $500 (10% of the maximum compensation) if the member of the immediate family or household is not income eligible and the Director the Director waives the income limits. The Director may waive income eligibility if he determines doing so will promote the Fund’s purpose of assisting and supporting crime victims.

5.5 Compensation for mental health services paid for the victim’s immediate family or household members is not included in the victim’s total maximum compensation of $5,000 per single criminal incident.

5.6 Compensation for funeral, cremation, or other burial and final disposition service costs is included in the victim’s total maximum compensation amount of $5,000.

5.7 The Director may waive the income limits if the Director determines that the costs of the crime are likely to reduce the victim’s income below the income limits within twelve (12) months of the date of application for assistance.

5.8 Compensation, replacement of property and other financial assistance are available only to the extent that they are not available from insurance, the State victim compensation program, the Partnership Board for Victims of Hate Violence, or any other source.

The Director may waive the income limits for a victim who is not income eligible for a maximum compensation of $500 (10% of the maximum compensation). Income eligibility may be waived if the Director determines doing so will promote the Fund’s purpose of assisting and supporting crime victims.

Compensation, replacement of property and other financial assistance are available only to the extent that they are not available from insurance, the State victim compensation program, the Partnership Board for Victims of Hate Violence, or any other source.

6.1 To file a claim for compensation or property replacement, a person or entity eligible under 02.42A.01.04 must complete an application form and deliver the completed form to the Program.

6.2 To file a claim for compensation, a person or entity eligible under 02.42A.01.04 must sign a statement affirming that all information provided and statements made to the Program are true and based on personal knowledge.

6.3 Any claim for compensation must be filed by the victim, immediate family member or household member within 90 days after the crime is reported. The Program Administrator may waive the 90-day requirement if determined that it was difficult or impossible for the a person or entity eligible under 02.42A.01.04 to meet the deadline.

7.1 After receipt of referral, a Victim Assistant should attempt to contact the victim within seven (7) working days to determine eligibility. Contact shall be done by mail when necessary. This initial contact will include the review of information affecting victim’s eligibility, including but not limited to such items as general amount and urgency of need, potential insurance coverage and deductible amounts, and general income level of the victim.

7.2 If the victim is eligible for the program and desires assistance, a Victim Assistant will assist the victim in completing an application form.

7.3 Upon receipt of the compensation application form, the Victim Assistant will process the claim including, but not limited to, verification of the crime data, final eligibility determination and value assessment.

7.4 After investigation and determination of an appropriate compensation amount by the Victim Assistant, the Program Administrator shall approve or disapprove payment of the claim within 30 days of the Program Administrator determining that the application is complete, subject to the availability of funding.

7.5 The Program Administrator will prepare a written report on the Crime Victim Compensation Fund annually to the Victim Services Advisory Board.

8.1 The Victim Services Advisory Board will review the annual report presented by the Program Administrator and make recommendations for changes and/or improvements to the Director of the Department of Health and Human Services.

8.2 The Victim Services Advisory Board will include their review of the Crime Victim Compensation Fund in their annual report to the County Executive and County Council.

9.1 This regulation takes effect 30 days after approval by the County Council.