June 9-13, 2014 The University of Tennessee at Chattanooga

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Medical Care

  • Emergency transportation to the hospital.

  • Rape kit examinations that are not immediately paid by a third party.

  • All expenses related to the hospital stay, including the room, laboratory tests, medications, x-rays, HIV testing in cases involving the exchange of bodily fluids, and medical supplies.

  • Expenses for care provided by physicians—both inpatient and outpatient—medication, and medical supplies.

  • Fees for physical or occupational therapy.

  • Replacement of eyeglasses, hearing aids, or other sensory aid items damaged, destroyed, or stolen from the victim.

  • Rental and related costs for equipment used for victims’ physical restoration, such as wheelchairs, wheelchair ramps, special beds, crutches, etc.

Mental Health Services

  • Fees for counseling or therapy for the victim and his/her family members.

  • Any costs incurred as a result of the victim’s participation in support or therapy groups.

  • Expenses for medications that doctors may prescribe for victims to help ease their trauma following a crime.

Funeral Expenses

  • Costs associated with burials, caskets, cemetery plots, memorial services, etc.

  • Expenses for travel to plan and/or attend funerals.

Time Off From Work

  • To repair damage following property crimes.

  • To attend or participate in court or parole proceedings.

  • To attend doctors’ appointments for injuries or mental health needs directly resulting from the crime.

Other Expenses

  • Crime scene cleanup.

  • Costs of replacing locks, changing security devices, etc.

  • Expenses related to child or elder care when victims have to testify in court.

  • Relocation expenses.

  • Fees incurred in changing banking or credit card accounts.

Projected Expenses

Victimization often results in injuries or losses that are long-term in nature. While it is not possible to accurately document such projected expenses, it is possible to document expert opinions as to future financial obligations the victim might incur as a direct result of the crime.

Victims should be advised to seek documentation (a letter or affidavit) from professionals who are providing them with medical or mental health services that offers an estimate of the victims’ future treatment needs, as well as related expenses. Such costs can include:

  • Long-term medical treatment.

  • Physical or occupational rehabilitation or therapy.

  • Mental health counseling or therapy.

  • Time that must be taken off from work to receive any of the above services.

The justice professional responsible for assessing victims’ restitution needs should provide this documentation to the court or paroling authority.

Appendix E

Sample Conditions of Offender Community Supervision

Relevant to Crime Victims

The information in this appendix is adapted from Sample Conditions of Offender Community Supervision Relevant to Crime Victims (Seymour, 1998).

The agency involved must release information relevant to conditions of supervision and/or violations of such conditions to the victim, upon request from the victim. The agency must also notify the victim of any hearing related to the violation by the offender of the conditions of supervision.

The following conditions that apply to the offender can be adapted for bail release, pre-adjudication, diversion, or incarceration:

  • Obey all laws.

  • Obey all conditions of supervision, such as no-contact orders.

  • Possess no weapons.

  • Seek or maintain employment (i.e., so that fines, fees, orders of restitution, and child support can be paid).

  • Upon request from the victim, have no contact with the victim, his or her family, and others designated by the victim (for a specified period of time, or permanently) in person, by telephone, fax or e-mail, or through a third party.

  • Upon request from the victim, submit to geographical restrictions that preclude living or working within a designated distance from the victim’s home or place of employment.

  • Agree that offender status and progress information can be shared for the purposes of case management by (supervising officer/treatment provider(s)/ victim advocate/others).

  • Obey restrictions on movement and location (specifically those that involve contact with potentially vulnerable populations, such as children [at home, schools or day care centers], elderly persons, or persons with disabilities).

  • Participate in any offense-specific treatment program deemed appropriate by the supervising agency, with victim input (i.e., substance abuse treatment, sex offender treatment, etc.)

  • Participate in victim/offender programming that reinforces offender accountability, such as victim impact panels or victim awareness classes.

  • Make full restitution to the victim(s), with the ability to travel out-of-state or end community supervision dependent upon full payment.

  • If there is no restitution order, be provided with the opportunity to make voluntary restitution to the victim(s) or a victim assistance program designated by the victim.

  • Pay fines and fees that support victim assistance programs, including victim compensation.

  • Submit to warrantless search and seizure.

  • Use no alcohol and/or other drugs.

  • Submit to random alcohol and other drug tests.

  • Pay for the cost of urinalysis.

  • Submit to polygraphs.

  • Perform restorative community service as recommended by the victim or victim surrogate (such as a victim assistance agency).

  • Attend education or awareness programs, such as alcohol/drunk driving education, victim impact panels, or victim awareness classes.

  • Submit to electronic monitoring.

  • Submit to intensive supervision.

  • In cases involving drunk driving, submit to restrictions on ability to drive, and/or agreement to have an alcohol ignition interlock device placed on their vehicles that detects alcohol use, and prevents the offender from driving if he or she has been drinking.

  • In cases involving sex offenders and/or computer crimes, have no access to computers or the Internet.

Additional Conditions for Inter-familial/Family Violence Cases

  • Commit no further abuse.

  • Pay child support and restitution.

  • Pay attorney fees for victims.

  • Abide by all court restrictions and directives.

  • Abide by supervised child visitation and/or public drop-off/pick-up point.

  • Cooperate with child/adult protective services.

  • Release information to third parties, as appropriate. (American Probation and Parole Association, 1996, p. 204)

Appendix F

Victim Assistance Programs

The information in this appendix is excerpted from Judicial Education Project Curriculum (Seymour and Beatty, in press). There are over 10,000 victim assistance programs in the United States today. These include:

  • Community-based victim assistance programs that serve a variety of crime victims, including victims who report crimes and go through the justice system, as well as those who do not. Examples include:

  • Rape crisis centers and sexual assault awareness programs.

  • Programs and shelters for battered women and their children.

  • Homicide support groups (such as Parents of Murdered Children chapters).

  • Drunk driving victim assistance programs (such as Mothers Against Drunk Driving [MADD] or Remove Intoxicated Drivers [RID] chapters).

  • Children’s Advocacy Centers that provide multidisciplinary services to victims of child abuse and neglect.

  • Court-Appointed Special Advocate (CASA) programs that advocate for abused and neglected children.

  • Elder protection programs that assist victims of elder abuse and neglect.

  • Faith-based victim assistance programs, which are increasing in both number and scope of services, and which help victims of different faiths cope with the spiritual impact of crime and provide other support and assistance.

  • System-based victim assistance programs that operate within the context of the criminal or juvenile justice system; or state agencies that oversee victim assistance programs, help victims understand and exercise their rights, and offer referrals to other victim assistance services. Examples include:

  • Victim assistance programs in law enforcement, prosecutors’ offices, courts, probation, parole, institutional corrections, and Attorneys General offices.

  • State victim compensation programs.

  • State VOCA assistance administrators, who oversee victim assistance funding authorized by the Victims of Crime Act of 1984 (VOCA) through fines, fees, and forfeitures collected from convicted federal offenders by the Crime Victims Fund, which is administered by the Office for Victims of Crime within the Office of Justice Programs, U.S. Department of Justice.

  • State coalitions and associations that advocate for local victim-specific programs and issues. Examples include:

  • General victim assistance coalitions, which involve all types of crime victims and those who serve them.

  • Sexual assault coalitions.

  • Domestic violence coalitions.

  • State offices of Mothers Against Drunk Driving.

  • State associations of victim/witness professionals.

  • State offices of Adult Protective Services.

  • State offices of Child Protective Services.

  • National associations and coalitions that address a wide range of crime victim assistance issues, many of which sponsor national toll-free information and referral telephone lines, as well as comprehensive Web sites for victim assistance, information, and referrals.

  • Federal agencies whose primary or collateral role is assisting crime victims (such as the Office for Victims of Crime and Office on Violence Against Women within the U.S. Department of Justice and allied federal agencies at the Departments of Health and Human Services, Transportation, and State, etc.).

Appendix G

Crime Victim Services

The information in this appendix is excerpted from Judicial Education Project Curriculum (Seymour and Beatty, in press).

Community- and system-based victim assistance programs can offer a range of supportive services for crime victims that address their most basic, immediate needs; their needs related to coping with the short- and long-term effects of crime; and their need for information about their constitutional and statutory rights as victims of crime.
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