
Louisiana
Commission of Law Enforcement Crime Victims Reparations Program
ACT 250 OR 1982, LA. R.S. 46: 1801-1822
Effective July 1982, the State of Louisiana established a
program for the payment of compensation to the victims of
certain crimes. The law, known as the Crime Victims Reparations
Act, created the Crime Victims Reparations Board and established
the Crime Victims Reparations Fund. The Board administers
the Act's provisions and awards payments from the fund. Income
for the fund is composed primarily of monies paid as costs
levied on criminal court costs. Funds are supplemented by
federal grant, court ordered restitution from criminals, donations
and interest.
Eligibility to Apply for Awards, you may apply if
you:
-
Believe you are a victim of a violent crime.
- Are
the victim's legal representative (his attorney or the
person legally
responsible for the expenses).
- Are
the victim's dependent.
- A
claim may be filed regardless of whether the offender
is known, has been
arrested, and/or has been found guilty.
The Crime Must:
-
Involve the USE OF FORCE or threat of use of force AND
- Result
in PERSONAL INJURY, DEATH OR CATASTROPHIC PROPERTY LOSS
AND
- Result
in expenses allowed by the statue and not reimbursable
from ANY other
source.
Vehicular
Crimes (motor vehicle, boat or aircraft)
are not included unless you are:
-
The victim of a DWI driver.
- The
victim of a hit and run driver
- The
victim of a driver who is fleeing the scene of a crime
in which he knowingly participated.
- The
victim whose injuries were intentionally inflicted with
a vehicle.
Application
Requirements:
-
The crime must have been committed after July 16, 1982
and occurred in Louisiana or in a state or country with
no compensation program.
- You
must have reported the crime to law enforcement officials
within 72 hours unless there was a good cause for filing
late.
- You
must file the application within one year from the date
of the crime unless there was good cause for filing late.
- You
must provide the required information on the application.
- Your
losses must not be reimbursable from any other source
such as insurance, sick or annual leave, social security,
Medicare, Medicaid, civil suit. or restitution. If you
have access to any of these resources, you must use those
first.
- You
must cooperate with the reasonable requests of law enforcement
officials.
You
may not receive an award if:
-
You do not comply with the application requirements above.
- You
are the offender or an accessory, or an award would unjustly
benefit either.
- You
are confined in any type of correctional facility.
Your
award could be denied or reduced if:
-
The Board finds the implication of your behavior at the
time of the crime or your past criminal activity cause
or contributed to the incident.
- The
victim had a criminal history which included a felony
conviction in the last five years.
- You
were a willing passenger in a vehicle driven by an intoxicated
driver.
- You
are operating a vehicle at the time of the crime without
the required insurance.
- You
were not wearing a seat belt as required.
Reimbursable
Expenses
Expenses for which you may be reimbursed include those:
-
As a result of injury:
a) for personal injury: medical, hospital, dental, nursing,
physical therapy,
psychiatric care, or mental health counseling.
b) actual loss of past earnings because of a disability
resulting from the
personal injury;
c) care of child(ren) enabling a victim or the spouse,
but not both, to engage
in gainful employment.
- As
a consequence of death:
a) funeral, burial or cremation expenses;
b) loss or support to one or more dependants not otherwise
compensated for
personal injury loss;
c) care of child(ren) enabling the surviving spouse or
legal guardian of
deceased victim's children to engage in lawful employment,
where that
expense is not otherwise compensated for personal injury
loss;
d) counseling or therapy for any surviving family member
of the victim or
co-habitor of such victim.
- From
catastrophic loss of your home by arson.
- Expenses
of the victim associated with the collection and securing
of crime
scene evidence.
Non-Reimbursable Expenses
Expense which are not reimbursed for any reason include:
-
Property loss except for a catastrophic property loss
that is limited to the loss of your current residence
provided it is owned and occupied by you.
- Pain
and suffering
- Attorney
fees except when they are part of an order from a hearing
or awarded by a court of law.
How to Apply:
Call (225) 925-4437 or 1-888-6-VICTIM (in state only)
Applications can be obtained from:
Any Louisiana Sheriff's Office (St. Tammany Parish Sheriff's
Office) Each parish sheriff has a designated contact person
in his office. Sheriff Strains' contact coordinator, Gail
Bruce at 875-2112 or call 892-4141.
Louisiana
Commission on Law Enforcement The Crime Victims Reparations
Board Office - 1885 Wooddale Blvd., Room 708, Baton Rouge,
La. 70806
Completed applications are to be returned to the Sheriff's
Office in the parish where the crime occurred. Any doubt call
the contact person for the Sheriff's Office or the board at
the above numbers.
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