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victim compensation
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Hope After Harm: An Evaluation of State Victim Compensation Statutes americanprogress.org Aug 20, 2025 123 facts
claimThe authors of 'Hope After Harm: An Evaluation of State Victim Compensation Statutes' recommend that states should not require survivors to report their victimization to police, but instead allow reporting to entities not affiliated with the justice system, such as medical, mental health, or victim service providers.
procedureStates receive 1 point in the 'Hope After Harm' evaluation if their statutes or regulations do not mention involvement with or use of illicit drugs as a factor in the approval, denial, or reduction of victim compensation.
claimVictim compensation application review processes are less racially equitable when they require and unnecessarily rely upon the subjectivity of law enforcement reports regarding victim cooperation.
measurementIn the same analysis of victim compensation claims from 2015 through 2022, white women who apply for compensation have a 2.5 percent probability of being denied for perceived misconduct or failure to cooperate with law enforcement.
accountAaliyah Strong was denied victim compensation for burial expenses, rental assistance, and grief counseling following the death of her fiancé, Ty Ross, because they were not married at the time of his death. Additionally, she was denied status as a witness to the violence because she did not physically see the shooting, despite holding the victim's bullet wounds while waiting for emergency medical services at their shared workplace.
quoteJoan Gerhardt, the director of policy and advocacy at the New York State Coalition Against Domestic Violence, stated: 'I’ve heard that many victim compensation claims, particularly of Black and brown families in New York’s cities who have had family members murdered by gun violence, are routinely denied state assistance, even if there’s no real evidence that the victim contributed to the crime that caused their injury or harm.'
perspectiveA recommended model policy for state victim compensation statutes is to make witnesses to violence eligible for victim compensation regardless of their relationship to the victim.
claimThe primary objective of the document analysis in "Hope After Harm: An Evaluation of State Victim Compensation Statutes" was to understand the experiences of survivors, providers, and advocates when filing or supporting a claim for victim compensation.
claimStates remove caps on specific expense categories when financially possible to provide increased flexibility to survivors of crimes.
claimReliance on criminal fines and fees to fund victim compensation can exacerbate economic inequity, particularly for Black and brown communities who are subject to higher rates of policing and incarceration.
referenceState Crime Victim Compensation (CVC) programs are required to detail their public outreach efforts to improve awareness of victim compensation in their annual performance measure reports to the Office for Victims of Crime (OVC).
claimSome states have enacted statutory mandates requiring parties that regularly interact with survivors to inform them of the availability of victim compensation.
measurementThirty-three states, Washington, D.C., and Puerto Rico have statutes that set a time limit for victims and survivors to report an incident of harm to law enforcement to be eligible for victim compensation.
claimIncarcerated survivors of crime are often unaware of the availability of victim compensation and frequently lack the resources or support necessary to submit applications for such compensation.
quoteThe Associated Press reported that denials of victim compensation resulted in thousands of Black families each year collectively missing out on millions of dollars in aid.
claimSixteen states have no statute provision or possibility of waiver for the requirement to cooperate with law enforcement to be eligible for victim compensation.
claimEffective July 1, 2025, Maryland will no longer require survivors of crimes to report their victimization to law enforcement or cooperate with law enforcement to be eligible to receive victim compensation.
claimSurvivors who apply for victim compensation are often not fully aware of which specific expenses are covered by the programs.
measurementWhen expanded compensation caps for catastrophic injuries are applied, the median compensation cap across the relevant states, after adjusting for the cost of living, is $34,739.80.
claimStatutory clauses that expand compensation caps for catastrophic injuries place an additional burden on survivors to prove that their injuries or suffering qualify as catastrophic, though they do allow certain survivors to be eligible for greater compensation.
accountMany survivors reported having difficulty processing grief in the immediate aftermath of harm, which affected their ability to apply for victim compensation expeditiously.
claimSome U.S. states deny victim compensation applications if the incident of harm occurred while the applicant was incarcerated.
measurementAmong states that establish a reporting window for victim compensation eligibility, limits range from 48 hours in Maryland and South Carolina to one year in Washington, with a median reporting window of 96 hours.
claimSurvivors' eligibility for victim compensation is often contingent on their cooperation with law enforcement, and a survivor can be deemed uncooperative if they choose not to participate in police questioning due to fear or physical/emotional incapacity following an injury.
claimThe authors of "Hope After Harm: An Evaluation of State Victim Compensation Statutes" excluded victim compensation program administrators from focus groups due to the project's focus on the user experience and organizational capacity constraints.
measurementAn analysis of state statutes found that 46 victim compensation programs still require claimants to cooperate with law enforcement to be eligible for compensation.
perspectiveA recommended model policy for state victim compensation statutes is to make individuals eligible for compensation if they have significant relationships to victims beyond household, legal, or blood relationships, and to maximize the areas of expense coverage for those individuals.
claimFocus group participants for the 'Hope After Harm' report provided insights into victim compensation programs in 13 states, though the groups were limited to English speakers and those with access to technology for video or telephone calls.
claimNew York does not cap the amount of victim compensation survivors can receive for medical expenses.
perspectiveThe authors of 'Hope After Harm: An Evaluation of State Victim Compensation Statutes' argue that states should remove all restrictions on victim compensation eligibility related to involvement with the criminal legal system to ensure victims and survivors receive support.
claimA recommended model policy for state victim compensation programs is to statutorily require that first responders directly inform victims of their right to compensation and provide them with written and digital information regarding victim compensation and contact information for victim service providers.
perspectiveThe state of New York should cease assessing contributory conduct in victim compensation cases to ensure all victims receive necessary support and financial assistance.
claimIn 2022, Ohio passed a bill prohibiting the denial of victim compensation to survivors based on their conviction histories, a change partially attributed to the advocacy of Dion Green.
claimProviding survivors with victim compensation to meet unexpected costs associated with experiencing violence can help break cycles of violence and make communities safer by addressing the impacts of untreated trauma and economic instability.
claimExpanding access to victim compensation for incarcerated individuals and those with criminal records can help break cycles of violence and foster healing by providing necessary financial support.
perspectiveState victim compensation programs should prioritize the implementation of online portals for claim submission to assist survivors with limited mobility or those unable to leave their homes.
claimThe authors of "Hope After Harm: An Evaluation of State Victim Compensation Statutes" engaged with state victim compensation programs through email outreach, information sessions, and opportunities for feedback on state-specific evaluations.
claimEffective July 1, 2025, the Maryland Criminal Injuries Compensation Board will consist of seven members, including one family member of a homicide victim, at least one survivor of violence from a community experiencing disproportionately high rates of violence and incarceration, and at least one representative of an organization that provides assistance to victims applying for victim compensation.
claimOf the 46 programs requiring victimization to be reported to law enforcement or a criminal-legal system entity, 18 states and Washington, D.C. include a statutory provision to waive this requirement if 'good cause' is shown or under special circumstances such as human trafficking.
claimUnlike the federal Crime Victims Fund (CVF), which is primarily funded by fines and fees from white-collar crimes, state-level criminal fines and fees are disproportionately levied on the same populations that are most in need of victim compensation but least likely to receive it.
claimThe authors of "Hope After Harm: An Evaluation of State Victim Compensation Statutes" assert that focus group participants provided a diverse range of viewpoints and experiences that align with existing research regarding Crime Victim Compensation (CVC) programs.
claimThirty-six states and Washington, D.C., include a statute that grants survivors an emergency award, which typically requires reviewers to find that a claimant will experience substantial financial hardship if not granted emergency assistance.
claimState policies regarding victim compensation establish parameters that influence how survivors interact with the system based on the information available to them regarding their rights and eligibility.
claimBlack applicants for victim compensation are almost twice as likely as white applicants to be denied for 'behavior-based' reasons, such as being uncooperative with law enforcement.
claimMost states mandate that an application for victim compensation must be submitted within a statutorily defined window from the date the victimization occurred to be considered eligible.
accountLisa Good, the founder and CEO of Urban Grief, did not file a victim compensation claim after being assaulted in 2020 because the police department had no record of the incident when she requested her report.
measurementNew York is the only state that does not cap medical expenses for victim compensation, while all other states, Washington, D.C., and Puerto Rico establish limits on the amount of compensation a claimant can receive.
claimThe states of Colorado, Kentucky, and Utah do not impose any application filing time limits for victim compensation.
perspectiveThe American Progress report argues that entangling eligibility for victim compensation awards with law enforcement and the criminal legal system disproportionately affects Black and brown survivors and their communities, as these populations are often at the highest risk of victimization and may be underserved by mandates requiring police reporting and cooperation.
claimResearch indicates that younger men of color who are victims of physical assault are the least likely demographic to apply for and receive victim compensation, but active outreach and assistance with the application process can effectively reduce these disparities.
measurementOf the 37 programs that include an emergency award provision, 24 states and Washington, D.C., have statutes that set limits on how much a claimant can be granted under an emergency award, which are separate from the maximum allowable cap.
claimIn the 'Hope After Harm' evaluation, states receive a maximum of 2 points if their statutes allow compensation for applicants with relationships to the victim beyond shared household, legal status, or blood relation. States receive 1 point if they allow compensation for household members regardless of blood or legal relationship, but do not extend eligibility to relationships beyond the household.
quoteThe mother from Brooklyn, New York, stated regarding her son's victim compensation denial: 'They were saying I wasn’t entitled to the breadth of it … because they say he caused his own demise.'
measurementEmergency award limits in state victim compensation programs range from $300 in Minnesota to $10,000 in Maryland, with a median award limit of $1,000.
measurementAmong the 16 survivor focus group participants who applied for victim compensation, seven received full awards, two received reduced awards, four had their applications rejected, two were awaiting a decision, and one reported being denied an award for one application while receiving a reduced award for another.
measurement16 of the 28 survivor focus group participants in 'Hope After Harm: An Evaluation of State Victim Compensation Statutes' applied for victim compensation, with one participant applying in two different states.
procedureStates receive 1 point in the 'Hope After Harm' evaluation if they do not include provisions to deny or reduce victim compensation based on contributory conduct.
perspectiveStates should disentangle law enforcement from the victim compensation eligibility process, remove requirements that force cooperation with police, reform contributory conduct policies that blame victims, and make victims and survivors of police violence eligible for compensation.
measurementIn the same analysis of victim compensation claims from 2015 through 2022, white men who apply for compensation have a 4 percent probability of being denied for perceived misconduct or failure to cooperate with law enforcement.
claimThe authors of 'Hope After Harm: An Evaluation of State Victim Compensation Statutes' propose a model policy where states have no limit on the amount of time survivors can apply for compensation after their or their loved ones’ victimization.
claimSome U.S. states prohibit individuals from applying for victim compensation due to their incarceration status, regardless of when or where the victimization of the individual or their loved one occurred.
claimForty-four states, Washington, D.C., and Puerto Rico require claimants to cooperate with law enforcement investigations into their own or their loved one’s harm to be eligible for victim compensation.
claimA recommended model policy for state victim compensation programs is to make applications available in all languages spoken by at least 5 percent of households in the state, including the translation of webpages and other materials.
perspectiveVictim compensation programs that require survivors to interact with law enforcement are racially inequitable because Black people are disproportionately more likely to be murdered by police.
measurementAccording to a document analysis, 28 states require survivors to apply for victim compensation within two years of the incident of harm, while two states require applications to be submitted within six months of the incident.
perspectiveStates should remove time limits for filing victim compensation applications or provide survivors with ample time to file, as survivors need time to grieve and access support after experiencing violence.
claimNew York, Maryland, and Louisiana have expanded victim compensation eligibility by allowing survivors to demonstrate eligibility by reporting harm to medical, mental health, or victim service providers, in addition to reporting to law enforcement.
claimOnly 11 states, including New York, have victim compensation caps at or above the average cost for a victim of a robbery after adjusting for the cost of living, even when considering expanded caps for catastrophic injuries.
claimIllinois, Kentucky, Louisiana, Maryland, New Mexico, and Oregon have removed the requirement to report victimization to the criminal legal system or allow claimants to be eligible for victim compensation by reporting to non-criminal-legal entities, such as medical or victim services providers.
claimSeventeen states have no time limit requirement for reporting victimization to law enforcement or do not require survivors to report their victimization directly to law enforcement to be eligible for victim compensation.
claimIn the 'Hope After Harm' evaluation, states receive 0 points if their statutes allow for the denial or reduction of victim compensation based on the applicant’s or victim’s arrest or conviction history without codifying exceptions to this rule.
claimMany states bar survivors from receiving compensation if they or the deceased are deemed to have had a hand in the victimization, a policy known as 'contributory conduct' or 'contributory misconduct.'
perspectiveThe authors of 'Hope After Harm: An Evaluation of State Victim Compensation Statutes' believe in promoting equitable access to victim compensation for all survivors, rather than relying solely on exceptions for specific groups.
procedureThe authors of the report 'Hope After Harm' provided administrators of all 52 evaluated programs the opportunity to review their state’s evaluation and offer feedback before the results were finalized to mitigate potential bias.
claimMany survivors are currently prevented from receiving victim compensation due to factors such as their racial identity, the language they speak, and their comfortability with law enforcement.
claimThe report 'Hope After Harm: An Evaluation of State Victim Compensation Statutes' evaluates states based on the time allotted for survivors to report victimization and apply for victim compensation, acknowledging the nonlinear nature of grief and healing.
measurementResearch from The Associated Press indicates that in surveyed states, Black applicants for victim compensation were almost three times as likely as applicants of other races to be denied for behavior-based reasons, including contributory misconduct.
measurementJeremy Levine, a professor at the University of Michigan, analyzed data from victim compensation claims submitted in 18 states from 2015 through 2022 and found that Black men who apply for compensation have a 7 percent probability of being denied for perceived misconduct or failure to cooperate with law enforcement.
claimTwenty states have statutory provisions that expand the victim compensation cap if the claimant suffered a catastrophic or permanent injury.
perspectiveThe authors argue that incarcerated individuals deserve access to victim compensation as much as anyone else who experiences violence, and that denying this access exacerbates cycles of trauma and disenfranchisement.
claimA recommended model policy for state victim compensation programs is to remove maximum compensation limits, allowing survivors to have related expenses reimbursed as they arise without requiring proof of permanent or catastrophic injury.
claimMost states use a reimbursement model to distribute victim compensation, which requires survivors to pay out of pocket for allowable services and submit documentation before receiving payment.
claimSome states have begun permitting survivors to use alternative forms of evidence, rather than mandatory police reports, to prove victimization for the purpose of receiving victim compensation.
measurement11 states in the United States explicitly deny victim compensation awards to individuals based on their conviction history, outstanding warrants, unpaid fines and fees, or probation or parole status.
claim44 states, Washington, D.C., and Puerto Rico require a survivor to report their or their loved one’s harm to an entity within the criminal legal system to be eligible for victim compensation.
claimEvery state program except for Colorado's sets a statutory maximum award amount for funeral or burial expenses for survivors of violence victims.
measurementJeremy Levine of the University of Michigan found that in Florida, 16% of all Black men who apply for victim compensation—1 out of every 6 claims—are automatically denied based on their criminal records.
claimThe model policy for state victim compensation statutes recommends that states allow incarcerated individuals to apply for victim compensation, regardless of whether the victimization occurred during their incarceration.
claimSeveral eligibility-related issues prevent survivors from receiving victim compensation.
claimDetermining if an applicant is cooperative with law enforcement is subjective and vests disproportionate power in law enforcement testimony, which can be biased and leave little recourse for survivors to appeal a denial of victim compensation.
claimMaryland and New York include alternatives to police reporting for victim compensation, such as allowing reporting to victim service providers.
measurementForty-seven states, Washington, D.C., and Puerto Rico have statutes that set a time limit for victims and survivors to apply for victim compensation.
claimStates receive 0 points in the 'Hope After Harm' evaluation if their statutes or regulations allow for the denial or reduction of victim compensation based on the victim's incarceration status or if the harm on which the claim is based occurred while the victim was incarcerated.
claimIn most states, survivors of violence must report their harm to authorities and apply for victim compensation within specific time frames, which can be as short as 48 hours for reporting and six months for filing.
perspectiveThe authors of 'Hope After Harm: An Evaluation of State Victim Compensation Statutes' argue that all states should stop requiring victims to cooperate with law enforcement as a condition for eligibility for victim compensation awards.
measurementThe practice of denying victim compensation based on conviction histories can leave nearly one-third of all adults in the United States ineligible to receive victim compensation.
claimCodifying policies to improve public awareness is a significant factor in reducing racial and ethnic disparities regarding access to victim compensation.
claimThe authors of "Hope After Harm: An Evaluation of State Victim Compensation Statutes" analyzed statutes, regulations, and public documents to evaluate victim compensation programs from an external perspective.
claimThe VOCA Fix Act of 2021 clarified that state victim compensation programs are not required to mandate victim cooperation with law enforcement when such cooperation is hindered by factors including the victim's age, physical condition, psychological state, cultural or linguistic barriers, or other health and safety concerns.
claimThirty programs that require cooperation with law enforcement to be eligible for a victim compensation award include a statute provision to waive this requirement if 'good cause' is shown or under special circumstances.
claimMaryland has recently enacted statutory changes to reduce the role of law enforcement in its victim compensation process.
quoteThe Office for Victims of Crime (OVC) stated, “For many survivors, policies that consider conviction histories may stand in the way of obtaining compensation.”
measurementOnly 13 states have a statutory limit for funeral or burial expense reimbursement set above the national median cost of a funeral after adjusting for the cost of living.
accountSurvivor Griselle Jones reported having a positive experience while applying for and receiving victim compensation in New Jersey.
claimSurvivors may be unable to file for victim compensation if the application materials are not available in their first language or a language they speak.
claimIn the 'Hope After Harm' evaluation, states receive a maximum of 2 points if their statutes do not explicitly bar currently incarcerated victims from applying for or receiving compensation, or if they include specific provisions allowing compensation for harm that occurred while the victim was incarcerated.
claimColorado, Kentucky, and Utah have removed the requirement for victims and survivors to apply for victim compensation within a specific time limit.
perspectiveThe authors of 'Hope After Harm' argue that the positive, supportive experience Jones had while applying for victim compensation should be the standard for all survivors across the United States.
claimPeople with conviction histories often struggle financially due to time spent out of the workforce, employment barriers, and housing restrictions, and denying them access to victim compensation exacerbates these difficulties.
procedureThe authors of 'Hope After Harm' propose five key recommendations for statutory and programmatic reform of victim compensation: (1) raise awareness and increase outreach, particularly in Black and brown communities; (2) make application processes less arduous and more trauma-informed by reducing paperwork and expanding application windows; (3) reduce law enforcement’s role in determining eligibility and award amounts; (4) move away from reimbursement-based models; and (5) increase the amount of compensation available for burial expenses.
claimStates that waive or extend the application deadline for victim compensation if an applicant shows 'good cause' or meets other conditions, such as being under the age of 18 at the time of the victimization, receive partial points in the Center for American Progress (CAP) and Common Justice scoring rubric.
referenceThe authors of the report 'Hope After Harm: An Evaluation of State Victim Compensation Statutes' evaluated U.S. states based on the types of expenses covered by victim compensation programs and the dollar amount of victim compensation available.
measurementAmong states that establish an application window for victim compensation, time limits range from six months in Indiana and South Carolina to 84 months in California, with a median limit of 24 months.
claimIn many U.S. states, survivors of violence can be denied victim compensation due to their conviction histories.
accountThree advocate and provider focus group participants reported helping survivors access victim compensation directly, and three reported advocating for reform of the victim compensation program or the rights of survivors.
accountA survivor of gun violence working with Good at Urban Grief was denied victim compensation after being deemed uncooperative by law enforcement, despite the survivor's willingness to speak with police. The denial occurred after police attempted to question the survivor in the hospital immediately following surgery, and the officers failed to follow through on a scheduled appointment to meet with the survivor later.
measurementAfter adjusting for the state's cost of living, unconditional victim compensation limits range from $9,207 in Hawaii to $175,015.20 in Washington state, with a national median of $27,344.82.
claimBetween 2018 and 2021, research conducted by The Associated Press found that in 19 of 23 surveyed states, Black survivors of violence were disproportionately denied victim compensation.
claimIn some states, Black applicants for victim compensation are nearly twice as likely as white applicants to be denied.
claimTwelve state victim compensation programs do not, by statute, establish a separate limit on emergency awards.
quoteMichelle Barnes-Anderson stated: "When I lost my only child, I had no idea the victims’ compensation program even existed. It was the NYPD detectives on the case that informed my family about the program. The lack of awareness about [victim compensation] can mean the difference between finding stability and being completely broken emotionally, mentally, physically, and or financially. It’s disheartening to know many people in the minority and low-income community are suffering in silence—not because help isn’t out there, but because they simply don’t know it exists."
accountFocus group participants across states reported that survivors must submit substantial amounts of paperwork and documentation to determine eligibility and qualified expenses for victim compensation, and that the process can take weeks to months, which can be exhausting and retraumatizing.
accountDespite New York state law mandating that law enforcement notify victims and survivors of the availability of compensation, Barnes-Anderson reported a lack of public awareness regarding these programs among communities of color in New York.