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1997 SESSION


SENATE JOINT RESOLUTION NO. 266
Directing the Virginia State Crime Commission to study the mechanism used to compensate victims of crime.

Agreed to by the Senate, January 30, 1997
Agreed to by the House of Delegates, February 20, 1997

WHEREAS, the Criminal Injuries Compensation Fund was created by the General Assembly in 1976; and

WHEREAS, the Commission on Family Violence Prevention, through its Victims' Compensation Task Group, has studied issues involving the Fund and its effectiveness and responsiveness to victims of family violence and victims of sexual assault; and

WHEREAS, the Task Group found that (i) confusion exists over the extent of authority granted to the staff of the Workers' Compensation Commission vis-a-vis the staff for the Fund; (ii) failure to perfect a claim is one of the most common reasons for denial of a claim, yet victims find the guidelines for claim submission and appeal confusing; (iii) victims of crimes have reported being subject to debt collection by health care providers during the pendency of a claim with the Fund; and (iv) the issues identified concerning the Fund affect all victims, not just those who have been victims of family violence; now, therefore, be it

RESOLVED by the Senate, the House of Delegates concurring, That the Virginia State Crime Commission be directed to study the mechanism used to compensate victims of crime. The Commission shall examine the Crime Victims' Compensation Division of the Workers' Compensation Commission, particularly the handling of victims' claims.

In conducting its study, the Commission shall examine (i) the philosophy of the program; (ii) the process and criteria used for claims review and appeals, and particularly the process by which mental health claims are evaluated; (iii) the standards applied to the compensation of victims; (iv) the propriety of debt collection by health care providers during the pendency of the claims and the means of improving communication between staff of the division and health care providers; (v) creation of a consistent definition of "victim," to be used throughout the Code of Virginia; (vi) alternative means of increasing the ability of division staff to assist victims in perfecting claims; and (vii) the feasibility of using a workers' compensation model for the program.

Technical assistance shall be provided by the Commission on Family Violence Prevention and the staff of the Crime Victims' Compensation Division. All agencies of the Commonwealth shall provide assistance to the Virginia State Crime Commission, upon request.

The Commission shall complete its work in time to submit its findings and recommendations to the Governor and the 1998 Session of the General Assembly as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents.