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The Illinois Crime Victims Compensation Act allows victims of violent crime to get refunds for some out-of-pocket expenses. For crimes committed between August 7, 1998 and August 7, 2022, victims can get up to $27,000. For crimes committed on or after August 7, 2022, victims can get up to $45,000. It is available to victims regardless of their immigration status.
A crime victim can be:
- A victim of human trafficking,
- Someone killed or injured in Illinois due to a violent crime, like gun violence or sexual assault,
- A spouse or parent of someone killed or injured in Illinois due to a violent crime,
- A person killed or injured in Illinois while trying to assist a crime victim,
- Someone who personally witnessed a violent crime in Illinois,
- An Illinois resident who became a victim of a violent crime in a country that does not give compensation for crime victims, or
- Someone under the age of 18 who is the brother, sister, half brother or sister, child, or stepchild of someone killed or injured in Illinois due to a violent crime.
What is a violent crime?
Violent crime is any of the following:
- First-degree murder,
- Second-degree murder,
- Involuntary manslaughter,
- Reckless conduct,
- Child pornography,
- Hit and run of pedestrians,
- Fleeing or attempting to flee from a police officer,
- Battery,
- Assault,
- Hate crime,
- Stalking,
- Arson,
- Human trafficking,
- Kidnapping,
- Criminal sexual assault,
- Criminal sexual abuse,
- Exploitation of a child,
- Driving under the influence,
- Domestic battery, or
- Violation of Order of Protection, Civil No Contact Order, or Stalking No Contact Order.
Who can get compensation?
To get compensation, you must:
- Tell the police about the crime right away.
- You must do this within 72 hours of the incident, or give a good reason why you couldn’t tell the police right away.
- Victims of sexual offenses have 7 days to let the police know about the incident by:
- Getting an Order of Protection, a Civil No Contact Order, or a Stalking No Contact Order,
- Going to a hospital for sexual assault evidence collection and medical care, or
- Being part of a legal case where you've claimed to be a victim of human trafficking.
- Apply with the Illinois Attorney General.
- You must do this within 5 years of the date of the crime, or within one year of the criminal charge, whichever is later.
- If the victim is a minor, they can apply within 3 years of turning 18.
- If the victim is a disabled adult, they can apply within 3 years of having the disability removed. A legal disability includes post-traumatic stress disorder (PTSD).
- Send all material to the Attorney General with your application. If documents are missing, the Attorney General will send you a letter asking for them. You must send all material within 45 days of getting the letter.
- You must do this within 5 years of the date of the crime, or within one year of the criminal charge, whichever is later.
- Cooperate with police as they investigate and prosecute the offender.
- Note: The offender does not have to be arrested for you to qualify for compensation.
- Not have caused or contributed to your injury by:
- Doing something illegal,
- Being the offender, or
- Causing the crime.
If you caused your injury, your compensation can be reduced or denied. Reduced or denied compensation does not always prevent survivors of homicide victims from getting compensation for:
- Counseling,
- Crime scene cleanup,
- Relocation,
- Funeral or burial costs, or
- Loss of support.
To download the application and watch helpful videos, visit the Attorney General's website.
If a victim is in custody, they can only get compensation after release from:
- Jail,
- Prison,
- Probation, or
- Mandatory supervised release (MSR) for a felony conviction.
However, the claim must still be filed within 5 years of the date of the crime, or within one year of the criminal charge, whichever is later.
What is covered under the Illinois Crime Victims Compensation Act?
Victims can only get compensation for expenses related to the crime. If you can show proof of how much you paid or owe for these expenses, you can get money for:
- Medical, hospital, and dental costs
- Mental health counseling
- Loss of earnings, up to $2,400 per month
- Relocation, including:
- Temporary housing,
- Moving expenses,
- First month’s rent,
- Security deposit, and
- Storage
- Replacement costs, including:
- Hearing aids,
- Eyeglasses,
- Clothing and bedding that was taken as evidence, and
- Locks or windows damaged as a result of the crime
- Crime scene clean-up
- Accessible property, including wheelchairs and ramps
- Loss of tuition
- Up to $1,250 per month for replacement services for victims who used to perform household tasks but can no longer do so because of the crime. This includes cleaning and cooking services.
- Up to $10,000 in funeral and burial costs
- Up to $2,400 for the loss of dependent support for children or other dependents that relied on the victim to perform necessary and free household tasks
- Transportation to and from medical and counseling appointments
Emergency compensation may be given directly to a funeral home for funeral and burial expenses. It can also cover an applicant's relocation expenses.
What if someone else paid some of my expenses?
Compensation under the Illinois Crime Victims Compensation Act is a secondary source of compensation. Victims must use payments made by other benefits before getting payments under the Act. You are responsible for telling the Compensation Program about all other available reimbursement sources. The Act only covers costs that were not covered by the following benefits:
- Public benefits, for example, Medicaid, workers' compensation, and SNAP benefits,
- Insurance, for example, life, health, and vehicle insurance,
- Funds temporarily set aside for victims,
- Payment made by the offender, and
- Any other benefits.
For more information, call the Crime Victims Assistance Line at (800) 228-3368. You can also visit the Attorney General's website.
How is the money paid?
The Court of Claims will send you money for your out-of-pocket expenses. It may also send the money directly to the service providers if bills are unpaid. For example, providers may be hospitals, doctors, or funeral homes.
If compensation is denied, you can appeal for a hearing before the Commissioner of the Court of Claims. You must file an appeal within 30 days of being issued the order denying your funds.
If you need help getting compensation, visit the Illinois Court of Claims' website. You can also visit the Attorney General's website.
The Murdered Children Funeral and Burial Assistance Program
The Murdered Children Funeral and Burial Assistance Program helps families that lose children under the age of 17 to gun violence. The program gives up to $10,000 in burial funds. Families must have a household income of less than 150% of the federal poverty level (FPL). Apply for this program with the Illinois Department of Human Services (IDHS). For questions, call the IDHS Customer Help Line at (800) 843-6154.
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