Knowledge Tree
state victim compensation statutes
Facts (17)
Sources
Hope After Harm: An Evaluation of State Victim Compensation Statutes americanprogress.org Aug 20, 2025 17 facts
procedureIn the context of state victim compensation statutes, 'emergency assistance' includes the replacement of necessary property lost, damaged, or stolen due to a crime; the purchase and installation of home security devices; transportation to medical or criminal justice facilities; crime scene cleanup; reimbursement for travel and living expenses incurred to attend court proceedings due to a change of venue; and reimbursement of towing and storage fees for recovered stolen vehicles.
procedureThe grading system for state victim compensation statutes awards points based on mandatory police reporting requirements: 2 points if victims can report to non-law enforcement entities; 1 point if reporting to law enforcement is required but statutory exceptions exist for good cause; 0 points if reporting to law enforcement is required without a good cause waiver. An additional 0.5 points is awarded if states require police reporting but codify specific exceptions for victims of sexual assault, human trafficking, or minors under the age of 18.
procedureIn the evaluation of state victim compensation statutes, states receive 0 points if their statutes make no exceptions for survivors of victims when considering the contributory conduct of the victim.
procedureIn the evaluation of state victim compensation statutes, states receive 1 point if their statutes do not consider the conduct of the victim when applications are made by survivors of victims, or if they do not include provisions to deny or reduce compensation based on contributory conduct.
perspectiveProviding detailed lists of eligible expenses in state victim compensation statutes reduces the administrative burden on administrators to determine reasonable expenses and ensures survivors have accurate expectations about which expenses will be reimbursed.
procedureIn the evaluation of state victim compensation statutes, states receive 0 points if their statutes or regulations allow for a victim or claimant’s association or affiliation with a gang to be considered in the approval, denial, or reduction of their victim compensation award.
procedureIn the evaluation of state victim compensation statutes, states receive 0.5 points if their statutes include a provision to deny or reduce compensation based on alleged conduct but waive this consideration under specific mitigating circumstances, such as being a victim of sexual assault, human trafficking, or being a minor under 18.
procedureIn the evaluation of state victim compensation statutes, states receive 0.5 points if they allow for the denial of compensation based on arrest or conviction history but codify specific waivers for mitigating circumstances, such as being a minor at the time of victimization or being a victim of sexual assault or human trafficking.
perspectiveThe authors of 'Hope After Harm: An Evaluation of State Victim Compensation Statutes' recommend that states maintain a continued presence for survivors at the table and center their voices when implementing programmatic reforms.
procedureIn the evaluation of state victim compensation statutes, states receive 2 points if their statutes do not include provisions to deny or reduce compensation due to the victim’s alleged conduct leading up to their harm.
procedureThe evaluation of state victim compensation statutes regarding police cooperation requirements uses the following scoring procedure: 2 points are awarded if the state does not make eligibility contingent on proving cooperation with law enforcement; 1 point is awarded if eligibility is contingent on cooperation but includes 'good cause' or 'reasonableness' exceptions; 0 points are awarded if eligibility requires proof of cooperation without a 'good cause' exception; and an additional 0.5 points are awarded if the state requires cooperation but codifies specific exceptions for victims of sexual assault, human trafficking, or minors.
claimState victim compensation statutes often include restrictive barriers such as requirements for law enforcement interaction, criminal legal system involvement, citizenship status, and narrow definitions of who qualifies as a victim.
procedureIn the evaluation of state victim compensation statutes, states receive 2 points if their statutes contain no explicit language barring a victim or claimant from receiving an award, or if they explicitly state that compensation cannot be denied or reduced based on arrest or conviction history, probation or parole status, or outstanding fines and fees.
claimIn the evaluation of state victim compensation statutes, states receive 0 points if their statutes only consider relationships defined by blood or legal status for victim compensation eligibility.
procedureIn the evaluation of state victim compensation statutes, states receive 0 points if their statutes include a provision to deny or reduce compensation based on alleged conduct and do not codify any waivers for mitigating circumstances.
claimIn the evaluation of state victim compensation statutes, states receive the most favorable grades if they permit survivors to report harm to entities not affiliated with the criminal legal system or a government agency, such as medical, mental health, or victim service providers.
procedureIn the evaluation of state victim compensation statutes, states receive 1 point if their statutes do not mention gang affiliation or association as a factor for consideration in the approval, denial, or reduction of victim compensation, or if they do not include provisions to deny or reduce compensation based on contributory conduct.