DCVC Eligibility Criteria
Full Answer
South Carolina has a Crime Victim Compensation Fund to help citizens with costs related to injuries received as a result of the crime. If you qualify for services, The Department of Crime Victim Compensation (DCVC) may reimburse some or all of the following costs depending on the law and policies guiding the use of the funds.
The Crime Victims’ Compensation (CVC) Program helps crime victims and their immediate families with the financial costs of crime. CVC covers crime-related costs such as counseling, medical treatment, funerals, and loss of income not paid by other sources. Overview of Crime Victims' Compensation Program
The Crime Victims’ Compensation (CVC) Program helps crime victims and their immediate families with the financial costs of crime. CVC covers crime-related costs such as counseling, medical treatment, funerals, and loss of income not paid by other sources.
Access state-specific information, including awards, events, and state VOCA formula funding program contacts. OVC administers two Victims of Crime Act (VOCA) formula grant programs that support crime victim compensation and assistance—the cornerstone of support for victims throughout the Nation.
The quantum of compensation to be granted is decided on the following factors, The gravity of the offence and the loss suffered by the victim. Medical expenditure incurred during treatment. Loss of livelihood as a result of injury or trauma.
If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 357 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation.
Crime victim compensation programs will generally pay for medical and dental expenses, counseling costs, funeral or burial expenses, and lost wages or support. Compensation can be paid even when no one is arrested or convicted for the crime.
30-60 daysOnce we have a complete application and have verified your losses, the Board will review your request. There are many factors that can delay processing your claim. Most decisions are made within 30-60 days. All approved payments are mailed ten days from the Board date.
Assault, homicide, child sexual abuse, and sexual assault received the greatest amount of compensation funds in FY 2017, which parallels the data reported in FY 2016.
Section 357 of the Criminal Procedure Code, 1973 provides some reliefs to the victims as the court is empowered to direct payment of compensation to any person for any loss or injury caused by the offence.
State, rather than the perpetrator, reimburses the victim for losses sustained at the hands of the criminal.
Definition of a victim A victim is defined as a person who has suffered physical or emotional harm, property damage, or economic loss as a result of a crime.
The vast majority of claims for compensation are settled without having to go to court. An agreement is reached with the perpetrator, the abuser, to pay a sum of money to the victim survivor, to reflect the harm caused and the long term impact of domestic abuse.
You can also seek police compensation if you work for the police. If you are a Police officer and have witnessed Police negligence you can make a claim. If it is you that has suffered due to negligence such as being injured whilst at work, then you have the right to make a claim.
Only a small number of cases end up in court, but as a victim or witness of a crime if you're asked to give evidence in court, you must go.
If you've been assaulted in New York City, you might be entitled to compensation. You can file a personal injury lawsuit against your attacker, regardless of whether they're formally charged with a crime.
A victim, or a family member of a person who has died, does not have a right of appeal against a sentence imposed.
State law permits persons who have been emotionally and or physically injured in a reported crime to law enforcement and are deemed eligible to be considered for certain benefits from DCVC. Individual victims, immediate family members, or their legal representatives/guardians can apply for consideration of crime victim compensation assistance.
The actual person filing for benefits should sign the application if he or she is 18 years of age or older. If not, the parent with the physical custody or the person who legally represents the victim and has guardianship must sign as the "Claimant" (SC§ 16-3-1110). This should be the person who is assuming responsibility for the victim's crime related bills.
Persons under 18 years of age are ineligible to be listed as a claimant to file for DCVC benefits.
No, DCVC must have an application on the direct crime victim before we can consider providing services to family members and or indirect victims. There are specific crimes DCVC will consider for family members.
An agency or medical facility cannot file for a crime victim, even if the victim is in its care or custody.
Yes, DCVC will contact your attorney to obtain documents and inform him/her of Subrogation Rights.
The program does not provide reimbursement for property damage or property loss, pain and suffering or victim relocation. Maximum awards are capped at $15,000 by South Carolina law, but, as we'll see, several individual expense types come with their own limits:
The Department of Crime Victim Compensation is required by South Carolina to consider the victim's own behavior in determining eligibility. Victims who contributed to the crime or caused their own injuries may have their awards reduced or denied entirely. 1.
Both residents of South Carolina and out-of-state residents are eligible to apply, so long as the crime occurred in South Carolina.
Every claim submitted to the Department of Crime Victim Compensation must exceed $100 to be considered. Claims below $100 will not be covered, so you may have to "bundle" multiple claims together to meet the requirement. The $100 minimum is waived for claims made by crime victims who are 65 years or older, and can be waived "in the interest of justice."
The crime victims' assistance program operates as a "payer of last resort.". It reimburses crime-related expenses that other funding sources don't. In covering your expenses, you should turn to additional sources of funding first: health insurance.
You can find a victim advocate through your local police office or Attorney General's office.
To be eligible for compensation, the crime must be reported to appropriate law enforcement officials within 48 hours of its occurrence, though this time limit can be waived for "good cause" (e.g. child victim, domestic violence).
OVC administers two Victims of Crime Act (VOCA) formula grant programs that support crime victim compensation and assistance—the cornerstone of support for victims throughout the Nation.
State performance reports for the South Carolina VOCA Victim Assistance and Compensation Programs are below. More information about performance measures for formula funding is available on the VOCA Administrators website.