The Criminal Justice
System and You
An Informational Guide for
Victims of Crime
Produced by:
Montana Attorney General’s Office
Office of Victim Services
www.doj.mt.gov
Revised
November 2006
Table of Contents
Page
YOUR RIGHTS . . . . . . . . . . . . . . . . . …. . . . . . . . . . .\
. 1
Information . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 1
Fair Treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
To Be Heard . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
Restitution . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . \
4
VICTIM RESPONSIBILITIES . . . . . . . . . . . . . . . . . 5
MONTANA CRIMINAL JUSTICE SYSTEM . . . . . 5
ORDER OF PROTECTION . . . . . . . . . . . . . . . . . . .. 9
V.I.N.E. (Victim Information and Notification Everyday)…… 10
CRIME VICTIM COMPENSATION . . . . . . . . . …. 11
Questions and Answers . . . . . . . . . . . . . . . . . . .. 16
VICTIM SERVICES PROGRAMS……………….. 17
VICTIM SERVICES STATEWIDE………………. 18
YOUR RIGHTS
AND WHAT YOU CAN EXPECT
FROM THE CRIMINAL JUSTICE SYSTEM
Montana law gives crime victims certain rights concerning notification and input into the criminal justice
system. Victims of crime are entitled to fair treatment under the law.
Your Right to Information
Victims of major crimes (felonies and other violent crimes such as partner or family member assault) are
entitled to receive certain information about the case and about the offender. To make sure you receive
proper notification, you need to provide the appropriate criminal justice agency with your name, address,
and telephone number, or with the name, address, and telephone number of the person you have designated
to receive the information on your behalf. You may not be eligible to receive some information unless you
provide a written request to the proper agency. Please notify officials of any change of name, address or
telephone number. Addresses and telephone numbers of criminal justice agencies are included in this
brochure for your convenience.
Law Enforcement Agencies can provide you with the following information:
• Local victim assistance programs including shelte r, medical treatment, counseling, and emergency
services available in the community.
• Name, office address, and telephone number of a la w enforcement officer assigned to investigate
the case.
• Name, office address, and telephone number of the prosecuting attorney.
• Arrest of a suspect.
• How to obtain an Order of Protection.
• Availability of assistance through the Crime Victim Compensation program.
Prosecuting Attorneys can provide you with the following information:
• The crime with which the offender has been charged.
• Information on whether the offender will be released from jail pending trial.
• Date, time, and place of all court proceedings.
• If the offender is found guilty or pleads guilty, the name, address and telephone number of the
probation officer who is preparing the pre-sentence report (page 7).
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• The sentence imposed by the court.
• Information regarding disposition of the case, in cluding dismissal of the case, release of the
defendant pending trial, plea negotiations, or any other arrangement that keeps the case from going
to trial. And if the case does not go to trial, the reason why.
• If the offender is convicted or pleads guilty, the prosecutor may disclose the contents of the pre-
sentence report to you (read page 7 to find out more about the pre-sentence report).
• The prosecutor at his/her discretion may provide you with additional information concerning the
investigation, unless the information needs to be ke pt confidential to protect the investigation or
the integrity of court proceedings. The prosecutor also may authorize a law enforcement officer to
provide this information.
Department of Corrections can provide you with the following information: www.cor. mt.gov
• Estimated date of the offender’s release from c onfinement in the Montana State Prison, if it can
reasonably be determined.
• Notice of the offender’s release or escape from c onfinement, a recapture, a transfer to another
facility or jail, or the offender’s death in prison.
• Notice prior to release of the offender on furlough or to a work-release program, halfway house, or
other community-based program or correctional facility.
Board of Pardons can provide you with the following information:
• Time and place of a parole hearing concerning the offender.
• A decision of the Board of Pardons granting or denying parole.
• A decision of the governor to commute the sentence or to grant executive clemency.
Attorney General’s Office can provide you with the following information:
• Court proceedings on appeal of the case, including date, time, and place of any hearing.
• Decisions of an appellate court.
Your Right to Fair Treatment
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Upon your request, a law enforcement official or prosecuting attorney or victim/witness specialist may
also:
• Help you inform your employer that you may have to miss work in order to assist in the
prosecution of the case. The law prohibits an em ployer from disciplining or discharging a victim
or a member of the victim’s immediate family fo r participating in criminal proceedings at the
prosecutor’s request. If you believe your empl oyer has treated you unfairly because of your
involvement in court proceedings as a victim of crime, you should contact a private attorney. The
prosecuting attorney cannot represent you in dealings with your employer.
• Help you inform creditors that you have suffered serious financial strain as a result of being
victimized. If you become involved in a civil suit against a creditor, the prosecuting attorney
cannot represent you in that case.
Your Right to Confidentiality
• If you request confidentiality, your address, telephone number, or place of employment -- or those
of your family members -- may not be given to anyone except a criminal justice agency unless
disclosure is ordered by the court.
• You do not have to answer any questions in court asking for your home address or place of
employment, unless the court finds it necessary and orders you to answer.
• If you are the victim of a sex offense (rape, sexua l assault, incest, or indecent exposure), your
identity may not be disclosed to the public unless necessary to disclose the location of the crime
scene or for other law enforcement purposes, or unless disclosure is ordered by the court.
Your Right to be Heard
As a victim of crime, you can give a victim impact statement at the following times:
• You may present a statement in writing before the sentencing hearing or orally under oath at the
sentencing hearing (or both) concerning how you have been affected by the crime, the
circumstances surrounding the crime, the manner in which it was perpetrated, and your opinion
regarding the appropriate sentence.
• If a request is made to adjust or waive payment of any part of ordered restitution, notice must be
given to you of any hearing and you will have an opportunity to make a statement.
• Before ordering the offender’s parole, the Boar d of Pardons must permit you an opportunity to
present a statement concerning the effects of the crime on you, the circumstances surrounding the
crime, the manner in which the crime was perpetrated, and your opinion regarding whether the
prisoner should be paroled. The Board may keep the statement confidential and must consider it
along with any other information in determini ng whether the offender should be paroled. The
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statement may be made in person, by letter or by videotape.
• You and your family members have the right to be present in the courtroom during any trial or
hearing, unless the judge rules otherwise.
• Before disposing of evidence no longer needed by law enforcement or the court, the prosecutor
may petition the court for a hearing to determine an appropriate disposition of the evidence. You
have the right to be heard regarding the destructi on, disposal or further use of the evidence. The
court must consider your statements prior to issuing a final order.
Your Right to Receive Restitution
The law requires that the judge order the defendant (the offender) to \
pay full restitution to the victim as a
condition of the sentence, so long as the defendant has the ability to contribute something toward
restitution sometime during the period of the sentence. Restitution can cover the followin\
g costs: your
property taken or damaged by the offender; medical expenses; loss of income; expenses reasonably
incurred in obtaining ordinary and necessary servi ces that you would have performed had you not been
injured by the crime; expenses reasonably incurred in attending court proceedings related t\
o the crime; and
reasonable expenses related to funeral and burial or crematory services of a homicide victim.
Keep track of your expenses; keep receipts, bills a nd canceled checks as proof of medical expenses and
repair or replacement costs. In order to receive re stitution the judge will require a list of your expenses.
This list will be requested before sentencing.
The Clerk of Court will disburse restitution paid by a defendant to you for any un-reimbursed monetary
losses. The judge may order return of any property taken from you and, in appropriate circumstances, may
order sale of the defendant’s assets to help pay re stitution. With your consent, the judge may also order
the defendant to perform services for you or for some one who has provided services for you as a result of
the offense.
While restitution is appropriate in some cases, ther e is no guarantee that you will receive payments in a
timely manner -- or at all. If the judge finds that the defendant will not have the ability to pay restitution,
the judge has the option of ordering the defendant to perform community service.
PLEASE NOTE:
• If the offender was sentenced in District Court, the Montana Department of Corrections Restitution
Program will collect and disburse restitution.
• If the offender was sentenced in Justice of City C ourt, the Clerk of Court will collect and disburse
restitution.
• If the offender was sentenced in a U.S. Federal Court, the U.S. District Court will collect and
disburse restitution.
VICTIM RESPONSIBILITIES
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Your cooperation is essential for the successful prosecution of the offender. Cooperation is also required
in order for you to receive Crime Victim Compensation benefits.
• Both the prosecutor and the defense attorney may question you before and during a trial. Answer
all questions truthfully.
• Provide all information requested by the prosecu ting attorney’s office and law enforcement
authorities.
• Let the prosecuting attorney’s office, probation department, Board of Pardons, Montana State
Prison and the Crime Victim Compensation pr ogram know your current address and telephone
number in writing.
• The criminal justice system often seems to ope rate slowly. We know that crime victims are
anxious to have the case resolved and the ma tter put behind them. Like you, law enforcement
officials want to get the crime solved and see jus tice served. You may need to be patient. Putting
together a criminal case takes time, and it is importa nt that accuracy and truth not be sacrificed for
swiftness.
MONTANA CRIMINAL JUSTICE SYSTEM
As a crime victim, you will have numerous contacts with the criminal justice system as your case proceeds.
This section outlines what you can expect during the investigation and criminal prosecution of your case.
Law Enforcement
A law enforcement officer may be the first person you en counter concerning the investigation of the crime.
After the initial work is done, your case may be turned over to an investigator. Officers will have to ask
for a lot of information and may ask you to write a statement. Such information might seem embarrassing
or upsetting, particularly in cases of child sexual abus e or sexual assault. However, without it the offender
may not be caught or prosecuted. Offi cers may also need to secure some of your belongings as evidence.
These can be returned to you upon request at the end of your case.
The officer will also help direct you to victim servi ces in your area. Ask them for help in contacting
shelter homes, a victim assistance counselor or a vi ctim advocate to be with you during these stressful
times. Domestic violence and rape crisis hot lines are also a good way to locate s\
uch victim service
providers.
The officer may be able to arrest a suspect at the scen e of the crime or that person may be arrested later on
a warrant issued by a judge. Sometimes no one is arrested and the case is closed. If someone is arrested
the prosecution phase begins. Generally, the suspect is advised of his or her rights, taken to the local jail
and booked. At this point, the prosecutor evaluates the cas e. If you have been the victim of a rape, sexual
assault, or incest, you should obtain a medical examina tion. The cost of the sexual assault examination is
paid by the investigating law enforcement agency if th e examination is directed by the agency or if the
results are used in the investigation, prosecution, or re solution of the offense. If your claim is awarded
other costs may be paid by the Crime Victim Co mpensation program. Either way, you should have a
follow-up examination in 6-12 months.
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Prosecution
The prosecutor represents the State of Montana and not you individually as a victim. You play an
important role as a witness. The prosecutor review s the case to make sure there is enough evidence to
obtain a conviction. A defendant (the offender) is pr esumed innocent until proven guilty. The prosecutor
must be satisfied that there is enough evidence to convince a jury of the defendant’s guilt beyond a
reasonable doubt. If the prosecutor decides to go forw ard with the case, charges are filed against the
defendant. Several court appearances may be scheduled.
The Initial Appearance
• The defendant appears in court where the judge r eads the charge(s), informs the defendant of the
maximum sentence possible, the right to legal counsel , and sets bail. You have a right to sit in on
this appearance but your attendance is not required.
• Offenders under the age of 18 are generally handled by the youth court and juvenile probation. In
cases involving serious crimes, the juvenile could be prosecuted in district court and would be
subject to greater penalties if convicted.
Bail
• A sum of money or security left with the court as an assurance that, if released, the defendant will
appear at future court proceedings. Under Mont ana law, nearly all suspects are entitled to bail
because they are considered innocent until proven guilty. As a condition for bail, the judge may
require that the defendant avoid all contact with you. Ask about an Order of Protection to assure
that the defendant does not have any contact with you. Individuals arrested for Partner or Family
Member Assault remain in jail until seen by the judge and bail is determined.
Preliminary Examination
• A hearing at which a judge determines whether su fficient evidence exists to believe the defendant
may have committed a crime. You may be asked to testify at this hearing. It is not uncommon for
the defendant to waive this hearing. When evid ence is presented at a preliminary hearing, the
judge can exclude all other witnesses while the defendant or any witness\
is testifying.
Arraignment
• The defendant must plead guilty or not guilty to th e charges. If the defendant pleads not guilty, a
trial date is set. If the defendant pleads guilty, the right-to-trial is waived and sentence will be
imposed. The prosecutor and defense attorney may recommend a plea agreement. You have the
right to talk with the prosecutor about any plea agreement that is being negotiated.
Trial
• Between arraignment and trial, the prosecutors and the defense attorneys will be involved in
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various hearings and pre-trial motions. Each side must disclose to the other what evidence and
witnesses it intends to present at the trial. The prosecutor’s offic\
e or the defense may ask you to
provide statements during this time. All statements given by a witness (including statements by
you) must be disclosed by the prosecutor to the defense.
• Trials are typically held before a jury of 12 pe ople. At the option of the prosecutor and the
defendant, the trial may be held before a judge without a jury. During the trial you may have to
testify in court about the circumstances surroundi ng the crime. This is your chance to tell your
story to the jury. If you are called as a witness in a criminal trial, review the tips listed on page 8.
Pre-sentencing Report and Sentencing
• If the defendant is found guilty, the judge will impos e a sentence. In some cases the judge will ask
for a pre-sentence investigation report prepared by a probation officer. The purpose of a pre-
sentence report is to inform the judge of the defendant’s criminal record and social history, the
defendant’s characteristics, circumstances, needs, and potential for rehabilitation. It also describes
the circumstances of the offense and how the o ffense has harmed you, your immediate family, and
the community. The pre-sentence report will also detail the amount of monetary loss you have
sustained as a result of the offense.
• A probation officer prepares the pre- sentence report. It is required by law to be kept confidential,
but the prosecutor may disclose the contents to you. The probation officer who is preparing the
report may contact you. Make sure the probati on officer has your current address and phone
number. This is your opportunity to tell the j udge how you have been affected by the crime and
what your out-of-pocket expenses have been. The judge will read and consider the pre-sentence
report when deciding what sentence to impose. Y ou may also provide a victim impact statement
for the judge’s consideration.
• The sentence is at the judge’s discretion within the range of penalties provided by law. In some
cases, the judge might order the defendant to pay restitution to the victim. (See the Restitution
section on page 4). Restitution can cover the cost of property, medical costs, etc. Be sure to keep
track of these expenses with receipts, bills or canceled checks. Ask the prosecuting attorney about
restitution and if it would be possible in your case.
• Once convicted, the defendant has the opportunity to appeal to the Montana Supreme Court. The
appeal process typically does not involve you as a victim or witness unless the case must be retried.
This whole process can take anywhere from 30 days to a year or more.
• Sooner or later almost all persons convicted of a crime and sent to prison are released. If you wish
to be notified of the defendant’s release or any escape from custody, contact the Montana
Department of Corrections, call the VINE Hotline (see VINE section on page 10), or check the
Correction Offender Network at
www.cor.mt.gov
Remember there are many options for handling your case. A lot depends on whether the offense\
is a
felony or misdemeanor and whether the offender is an adult or a juvenile. The process d\
escribed above is
typical of a felony crime that goes through the entire court process.
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It’s important that throughout this process, you:
• Keep in contact with the prosecutor’s office and ask questions.
• Use the victim assistance services that are available in your area. See pages 18-22. \
• Cooperate in all areas in order to increase the chances of convicting th\
e offender.
TIPS FOR TESTIFYING IN COURT
If you must testify, talk with the prosecutor before your court appearance about what to expect.
Listed below are a few pointers:
• Answer all questions truthfully. Just tell the facts.
• Listen carefully to the questions. If you don’ t understand a question, ask for an explanation.
• Answer only the question asked. Don’t try to sa y everything at once or give information not
requested.
• Don’t guess. Answer to the best of your knowledge.
• Be prepared, but don’t memorize what you have to say.
• If an attorney objects to a question, don’t answer it until the judge\
tells you to do so.
• Try to remain calm. Don’t lose your cool.
• Speak clearly and loud enough for the jury to hear.
• If you have given a written statement, or a taped interview that has been transcribed, ask the
prosecutor for a copy before trial so you can refresh your memory.
• Spend some time watching a court session to see how the process works.
• Go to the courtroom you will be testifying in beforehand so it will feel more familiar.
ORDER OF PROTECTION
An order of protection is an order of the court, for protection of a victim, a family member, or a witness to
the offense. The order may: require the removal of the offender from your residence; require the transfer
of possession of certain property to you (or it may prohi bit the offender from concealing or disposing of
8
property); prohibit any threats, harassment, communication or contact with you or family members; or
order any other relief considered necessary to provide for the safety an\
d welfare of yourself or other
designated family members. There is no cost to file a petition for an order of protection or for the service
of an order of protection. To avoi d further injury or harm, the court may direct the order of protection
remain in effect permanently.
Eligibility Requirements for an Order of Protection.
• You are in reasonable fear of bodily injury by a partner or family member, or if you are a victim of
one of the following crimes committed by a partner or family member: assault, aggravated assault,
intimidation, partner or family member assault, criminal endangerment, negligent endangerment,
unlawful restraint, kidnapping, aggravated kidnappi ng, or arson. Also, if you are a partner or
family member of a victim of deliberate homicide or mitigated deliberate homicide.
• You are a victim of stalking, incest, sexual assault, or sexual intercourse without cons\
ent,
regardless of your relationship to the offender.
• If you are under the age of 18, th e petition may be filed on your behalf by a parent, guardian, or
other representative.
You may seek an order of protecti on if there are no criminal charges filed and if you did not report the
abuse to law enforcement. The length of time between the abusive incident and your application does not
matter as long as you meet the eligibility requirements listed above.
Procedure to obtain an Order of Protection
You can seek a temporary order of protection by filing a sworn petition in a district, justice, municipal or
city court.
These forms can be obtained in the offices of County Attorneys, Crime Victim Advocates and Clerks of
Court. They can also be downloaded from th e Montana Attorney General’s website www.doj.mt.gov.
• If a divorce or custody action is pending in district court, the petition must be filed with that court
only, unless the district judge is unavailable or you left the county wh\
ere the abuse occurred to
avoid further abuse.
• The petition must state that you are in reasonable fear of bodily injury or a victim of one of the
offenses listed on page 16, have a relationship to the offender (if required), and you are in danger if
the court does not issue a temporar y order of protection immediately. If the court agrees with the
petition, it will issue a temporary order of protection.
• A hearing must be conducted within 20 days from the date the court issues a temporary order of
protection. At that hearing, the court will dete rmine whether good cause exists for the temporary
order to be continued, amended, or made permanent.
• The offender may request an emergency hearing be fore the end of the 20-day period by filing an
9
affidavit demonstrating an urgent need for the emergency hearing. The hearing must be set within
three working days of filing the affidavit.
• The petition may be filed either in the county wh ere you currently or temporarily live, where the
offender resides or where the abuse occurred. Th ere is no minimum residency requirement. The
order is effective in any state, the District of Columbia, any U.S. Territory, and may be enforced on
Tribal Lands.
• A valid order of protection from another state will be enforced in the same manner as an order of
protection issued in Montana.
• The issuing court must send a copy of any order or any extension, modification or termination,
with proof of service, to the appropriate law en forcement agency designated in the order. Valid
orders of protection are also entered into the National Crime Information Center.
• An order of protection is effective against an offender regardless of ag\
e.
• An order issued by a justice, municipal, or city court is immediately reviewable by the district
court judge upon the filing of a notice of appeal. The district judge may affirm, dissolve, or modify
such an order.
• A temporary or permanent order of protection beco mes valid as soon as a judge signs the order.
However, until the offender is served with the order they cannot be held\
in violation.
• You should give a copy of your order to those w ho have regular contact with you or your children
– schools, daycare, workplace, etc. You should also keep a copy in y\
our wallet or purse.
VINE
(Victim Information and Notification Everyday)
VINE is a toll-free, 24-hour automated telephone service providing information on Montana adult
offenders. VINE was created to give crime vic tims easier access to important information regarding
inmates at the Montana State Prison, Montana Women’ s Prison, regional prisons, Crossroads Correctional
Center and the Treasure State Correctional Training Center.
By calling 1-800-456-3076, you will be able to learn if the offender is still incarcerated, custody
information, escape information, sentence review hearing dates, parole hearing dates and scheduled release
date information. You can also register your phone number and a Personal Identification Number to
receive a telephone alert if the offender has a change in custody status, escapes, or has a change in
scheduled hearing dates. VINE also monitors those inmates who are in out-of-state prisons.
VINE is a free service and is totally anonymous to those wishing to be notified. VINE is active 24 hours a
day, 365 days a year including holidays. Any change in offender status will prompt the VINE service to
call all registered victims regardless of the day or time. For more information, call the Montana
Department of Corrections at (406) 444-7461 or 1-888-223-6332.
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Information can be obtained from the Department of Corrections website, www.cor.mt.gov and then
selecting CON (Correctional Offenders Network).
CRIME VICTIM COMPENSATION
The Crime Victim Compensation program (CVC) provides compensation to victims for injuries suffered as
a direct result of criminal acts.
While no amount of compensation can erase the physi cal and emotional trauma experienced by crime
victims, the CVC program strives to reduce some of the financial burdens victims may suffer.
Depending on the circumstances, you may be eligible to receive compensation for the following crime-
related expenses:
• Medical
• Lost wages
• Mental health counseling
• Loss of support for spouses and dependents of deceased victims
• Funeral and burial expenses
If you would like additional information or need pr ogram brochures or applications, please contact:
Crime Victim Compensation Program
Office of Victim Services
PO Box 201410
Helena, MT 59620-1410
(406) 444-3653 or (800) 498-6455
www.doj.mt.gov/victims/victimcompensation.asp
Eligibility Requirements
1. You must have suffered personal injury or be a fa mily member of a homicide victim or a family
member of a victim of child sexual abuse.
Crimes covered by the CVC program include the following:
• Homicide
• Assault
• Partner or family-member assault (domestic violence)
• Sexual offenses
• Child physical and sexual abuse
• Victims of DUI drivers
• International acts of terrorist
2. The crime must be reported to law enforcement w ithin 72 hours after the crime. If the crime was not
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reported within the required 72-hour time limit, the reason for the delay must be submitted in writing
to the CVC program. If good cause exists for the delay, this requirement may be waived. In cases
involving a sexual offense against a minor, a report must be made to law enforcement, Child Protective
Services, or juvenile probation within 72 hours of the time an adult is informed of the offense against
the minor.
3. You must cooperate with law enforcement and prosecuting attorneys in the investigation and
prosecution of the crime.
Cooperation includes, but is not limited to the following:
• Provide law enforcement with a true and accurate report of the crime and consent to any
reasonable requests for follow-up interviews,
• When possible, assisting in the identification of the suspect(s) as requ\
ested, and
• Participating in deposition and trial testimony as requested.
Cooperation is determined on a case-by-case basis taki ng into consideration the victim’s age, physical
condition and psychological state.
4. An application for compensation mu st be filed within one year of the date of the crime. Compensation
involving sexual offenses against minors must be filed within one year after the date the offense was
reported to a law enforcement agency, juvenile proba tion office or Child Protective Services, or within
one year after the day the victim reaches 18 years of age. The time for filing a claim may be extended
by the program for good cause.
Application Process
If applying for compensation benefits, a claim can onl y be filed by the following individuals: the victim,
the survivor of a homicide victim, or the parent or legal guardian of a victim who is a minor.
These forms may be obtained from any law enforcement agency, hospital, victim assistance program, or by
writing the Crime Victim Compensation Program at PO Box 201410, Helena, MT 59620-1410 or calling
(406) 444-3653 or 1-800-498-6455.
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All applications must be fully completed. Please be sure to read carefully the Information Release and
Repayment and Subrogation Agreement on the back of the claim form.
Be sure your application is signed before you send it in!
Secondary Victims
For purposes of the CVC program, a secondary victim is defined as a family member of a homicide victim
or a family member of a
child victim of a sexual crime . If the primary victim has been awarded benefits,
mental health benefits are available to parents, st ep-parents, siblings and step-siblings as secondary
victims. Step-parents and step-siblings must reside with the victim to be considered eligible for the
counseling benefits. Counseling benefits for secondary victims may not exceed $2,000 per family
member.
Claim Denials
Claims may be denied if the app lication does not meet the above eligibility criteria. Additionally, the
claim may be denied under the following circumstances:
• Benefits will not be awarded to a claimant who is the offender or an accomplice of the offender.
Also, benefits will not be awarded if the award would unjustly benefit the offender or accomplice.
• Persons in jail, prison or any other public institu tion that provides for the maintenance of that
person are not entitled to compensation benefits.
• Compensation may be reduced or denied if the victim contributed to the death or injury.
Compensation Benefits
Total compensation benefits paid to a victim, or depende nts of a victim in cases of the victim’s death, may
not exceed $25,000.
The CVC program can provide benefits to eligible victims for the following crime related expenses:
• Medical care , including dental, prosthetic devices, hos pitalization, doctor fees, physical therapy,
eyewear, or chiropractic services related to injuries of the crime.
• Crime related mental health counseling. To receive payment from the CVC program, a mental
health therapist must be one of the following:
¾ Medical doctor
¾ Licensed clinical psychologist
¾ Licensed social worker
¾ Licensed professional counselor
¾ A counselor working under the supervision of a licensed therapist
Payment for mental health counse ling is limited to 12 consecutive months or $2,000, whichever is reached
first. Extensions requested by the claimant to the CVC program may be granted after review.
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• Wages lost by the victim due to crime related injuries. No wage loss benefits can be paid for the
first week after the crime occurred. However, if wage loss is longer than 1 week, weekly
compensation payments may be paid retroactively from the date the wage loss began.
• Claims involving both medical expenses and wage loss. You may request wage loss benefits be
paid prior to payment of medical expenses. (NO TE: If you request that your wage loss benefits be
paid before your medical bills, the program will not be able to pay
any amount toward your
medical expenses until you return to work and are no longer experiencing \
a wage loss. Providers
may continue to contact you and could resort to other means of collection.)
• Loss of support for dependents of a deceased victim. Weekly compensation benefits may be paid to
the survivors of a homicide victim. In certain instances, dependents of homicide victims may be
eligible to receive lump sum death benefits.
• Funeral and burial costs are allowable up to $3,500.
Benefit Adjustments
If you have insurance, Medicaid, Indian Health Services, or any other form of benefits, your
medical/mental health expenses MUST be submitted to them before you submit the expenses to the CVC
program. Compensation benefits are intended to
supplement and not replace other programs or benefits
that the victim may be eligible to receive.
The following will reduce compensation benefits:
• Payment received from the person who committed the crime, e.g. restitution;
• Payment received from an insurance program (health or auto), workers’ compensation, or
unemployment benefits; and
• Payment from other federally funded programs such as Medicaid, Medicare, Indian Health
Services, CHIP's, Veteran’s Administration, etc.
IF YOU ARE ON MEDICAID, PLEASE NOTE: Any hospital or medical provider, or mental health
counselor who accepts Medicaid patients must accept Me dicaid payments as payment in full and cannot
bill you or the CVC program for any remaining balances . If you become Medicaid eligible at anytime
please notify CVC immediately.
Restitution
Compensation benefits will be reduced by the amount of restitution you have received at the time a claim
is processed for payment. If the offender is ordered to pay restitution, but has not yet made payment, the
CVC program will pay benefits on your behalf. Please remember, if the program has fully reimbursed you
for all your out-of-pocket expenses, any restitution you receive must be paid back to CVC.
Civil Settlements
It is very important that you advise the program of any pending civil action being taken as a result of the
14
crime. The CVC program is entitled to full subrogation (repayment to CVC) against a civil judgment or
recovery received by you. If you institute the action, CVC shall pay a proportional share of the attorney’s
costs and fees if the civil action is successful.
Insurance
All crime related bills must be submitted to your in surance carrier for payment determination prior to
submission to the CVC program. CVC benefits can be determined only after insurance benefits have been
paid or denied. CVC benefits can be paid fo r your out-of-pocket expenses, including any required
deductible or co-payment.
Public Funds
Medicaid is also a primary payer to the CVC program . If you are on Medicaid at the time of the crime,
Medicaid is the primary payer for medical expenses.
Verification Process
The CVC program will begin processing your applicati on the day it is received. Information contained on
the application must be verified through law enfor cement and other agencies before a decision can be
made. The staff will review the law enforcement verifi cation form and investigative report to determine if
the application meets the eligibility criteria.
Additional information may be requested from you. It is important that you respond to our requests as
soon as possible. Requested information not receive d by our office can delay a decision and may lead to
your application being put on hold or denied until the required information is submitted.
Approval Process
If your application meets eligibility requirements, you w ill be notified in writing that benefits have been
awarded. Notice of the award is also sent to law enforcement, the city or county attorney, and medical
providers listed on the claim form.
Denial Process
If your application does not meet the eligibility criteri a, you will be notified in writing of the denial of
benefits and the reason for the denial. Notice of the denial is also sent to the law enforcement agency
handling the case, the city/county attorney, your attorney (if applicab\
le) and medical providers.
Supplemental Benefits
Payment cannot be made for medical expenses for treatment obtained more than 3 years after the last date
of treatment.
Appeals Process – Request for a Hearing
You have the right to request an informal hearing w ithin 30 days of a written determination regarding your
claim. Your request must be in writing to the CV C program stating the reason you would like to appeal
the decision. The hearing examiner will notify you of the date, time, and place scheduled for the hearing.
You will have an opportunity to provide relevant testimony concerning your claim at the time of the
hearing. You have the right to bring an attorney to the hearing. The CVC Director will make the final
decision.
15
CRIME VICTIM COMPENSATION
QUESTIONS AND ANSWERS
How long will it take to receive a decision on compensation benefits?
It is the goal of the CVC program to make a decision about your claim within 60 days. Some applications
may take longer if CVC is waiting for additional information.
Should I send in copies of medical bills along with the application?
Yes, send copies of the bills with the application. Also submit a copy of the explanation of benefits (EOB)
from the insurance company as soon as you receive it.
If I am a victim of domestic violence, can I receive compensation if I’m still living with the offender?
Yes, domestic violence victims who live with the offende r may still be eligible to receive compensation if
the other eligibility requirements are met. However, if the award would unjustly benefit the offender,
benefits may be denied.
When can children of homicide victims receive loss of support benefits?
Loss of support benefits can be awarded to children of homicide victims who did not live with the victim if
the victim was contributing to the care or support of the children.
What compensation benefits are available for secondary victims?
The parents, step-parents, siblings, step-siblings, and children of primary victims can receive mental health
counseling benefits if the primary victim is either a victim of a homicide or a child victim of a sexual
offense. Step-parents and step-siblings must reside w ith the victim at the time of the crime to be eligible.
Can the secondary victim receive benefits if benefits have been denied t\
o the primary victim?
No, in order for a secondary victim to receive compensation benefits, the primary victim must meet the
eligibility requirements of the Crime Victim Compensation program.
What is contribution?
Contribution is conduct on your part that may have cause d or contributed to the injuries or death. This
conduct may include being under the influence of alcohol or other drugs, aggressive behavior, etc. When
reviewing information regarding contribution, the CVC program considers whether charges are filed
against you or the suspect, comparable or reasonable for ce, age of the victim and issues of mutual combat.
Does the Program pay for stolen or damaged property?
No, the CVC program cannot pay for stolen property. CVC may pay for such items as eyeglasses, hearing
aids, or prosthetic devices damaged or necessary as a result of the physical injury.
16
Should I wait to file an application until after the offender has been a\
rrested or convicted?
No, you should apply for Crime Victim Compensation as soon as possible after the crime. Compensation
is not based upon the arrest or conviction of the offender.
Can I receive compensation if the offender has been ordered to pay resti\
tution?
Yes, you can apply for compensation if restitution has been ordered. If restitution has been order\
ed and
you are an eligible victim, benefits can still be paid. The CVC program will advise the prosecuting
attorney that you have been awarded compensation be nefits and any expenses not paid by another source
(such as insurance) will be paid by CVC. Any restitution payments received by you for the same expenses
submitted to CVC will be deducted from the total compensation payment.
If I received compensation, can I sue the offend er for the injuries sustained in the crime?
Yes, you may still sue the offender (or any other liable party) for damages caused by the crime. The CVC
program is entitled to reimbursement if the civil settlement includes payment for the same expenses
previously paid by CVC.
VICTIM SERVICES PROGRAMS
Montana has a wide variety of services available to vi ctims and witnesses of crime. Services are provided
by non-profit organizations, law enforcement agencies , prosecution offices, shelter programs, and are
available to both primary and secondary victims of cr ime. The majority of victim assistance programs
provide services at no charge. The following is a list of the most common services offered by victim
assistance programs.
• Counseling: Crisis intervention and follow-up support and guidance for emotional, personal,
financial and employment problems resulting from the crime.
• Criminal Justice Support : Explanation of the criminal justice system, court support, information
regarding the progress and disposition of the criminal case, and assistance obtaining restitution.
• Emergency Legal Advocacy : Assistance with filing orders of protection, referrals to low-income
legal services for help with dissolutions and/or child custody issues, and explanation of victim’s
rights and remedies.
• Shelter/Safe House: Shelter may include a domestic violence shelter, private residence or a motel
for short-term emergency shelter.
• Crisis Hotline: 24-hour domestic violence and rape hotlines for crisis counseling, advocacy
service for crime-related medical exams, information, and referral.
• Information and Referral : Identification of services and support available from the victim
assistance program and community agencies.
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• Support Groups: Facilitated support groups for adults and children that focus on healing from the
emotional impact of domestic violence, sexual abuse/assault and other violent crimes.
• Emergency Financial Assistance : Assistance in filing for losses covered by public and private
insurance including worker’s compensation, unemployment, public assistance and
Medicare/Medicaid, and financial assistance for pub lic transportation, food, emergency shelter and
clothing.
• Assistance Filing Crime Victim Compensation Claims : Information about the CVC program,
assistance with required forms, help gatheri ng necessary documentation, and assistance with
follow-up contact with CVC on behalf of the victim.
• Personal Advocacy : Assistance in securing services fr om other agencies, communicating with
employers, creditors, landlords and others on behalf of the victim.
VICTIM SERVICES STATEWIDE
(Alphabetical by city)
The following is a listing of most vic tim assistance programs in Montana. If there is not a program listed
for your location call your local law enforcement agen cy or the hotline number below to find out what
local services are available.
* * * * *
Statewide Victim’s Hotline…………………………………\
……………………………..888-223-6332
National Domestic Violence Hotline…………………………\
…………………………...800-799-
7233
Victim Information and Notification Everyday (VINE)……………\
…………………..800-456-3076
* * * * * *
Anaconda
Anaconda/Deer Lodge County Attorney ………………………………………………\
..………..563-4019
Family Resources Crisis Center……………..………………………………..\
563-7972 or 800-563-7972
Big Timber
Tri-County Victim/Witness…………………………………………………………………………..322-8003
Tri-County Network Against Domestic
Violence and Sexual Assault………………………………………………\
……222- 8154 or 866-880-8425
Billings
Billings YWCA Gateway House……….….……………………………………\
…………………259-8100
Yellowstone County Victim/Witness……….……………………………………………………256-2870\
Billings City Attorney’s Office …………..…. ………………………………\
………………...247-8668
18
U.S. Attorney Office Victim/Witness…………........................................................\
......................247-4672
Boulder
Jefferson County Victim/Witness ………………………………………………\
…..……..………225-4014
Bozeman
Gallatin County Victim/Witness …………….…………………………………\
………………….582-2075
MSU Victim Options………………………………………………\
…………………………..….994-7069
Sexual Assault Counseling Center………………………………………………\
……………......586-3333
Browning
Rocky Mountain Domestic Violence
Victim Program………………………………………………\
……………………………….…338-5180
Blackfeet Domestic Abuse Shelter………………………………………………\
………..……...338-3165
Butte
Safe Space………………………………………………\
……………………..782-9807 or 800-479-8511
Silver Bow County Victim/Witness………………………………………………\
………………497-6243
Columbus
Tri-County Victim/Witness ……………..….……………………………………………………..322-8003
or Sheriff’s office (after hours) ..………………..............................................\
..............................322-5326
Conrad
Hi-Line Help for Abused Spouses..........................................................……...278\
-3342 or 800-219-7336
(Choteau, Glacier, Liberty, Pondera, Teton and Toole Counties)
Crow Agency
Crow Tribe Victim Assistance …….…………………………………………\
……………...……638-3924
Deer Lodge
Powell County Victim Services ………………………………………………\
…….…..….846-3680 x 203
Dillon
Beaverhead & Madison County Victim/Witness ………………………………………………\
…843-4232
Women’s Resource Center………………………………………………\
….…683-6106 or 800-253-9811
Forsyth
Rosebud and Treasure County Victim/Witness …………………………………….…………\
….346-2237
Fort Benton
High Line Help for Abused Spouses……………………………………….….278-33\
42 or 800-219-7336
Glasgow
Women’s Resource Center …….……..……………………………….…\
.... 228-8401 or 877-972-3232
19
Northeast MT Victim/Witness………………………………………………\
.653-2999 or 866-653-2999
(Daniels, Phillips, Roosevelt, Sheridan and Valley Counties)
Glendive
Seventh Judicial District Victim/Witness………………………………………………\
……...377-2818
Dawson County Domestic Violence………………………………………………\
……….......377-6477
Great Falls
Cascade County Victim/Witness ………………………………………….….…\
……….771-1180 x 218
YWCA Mercy Home……………………………………..…………\
………. 452-1315 or 800-352-7449
Voices of Hope……….………………………………………\
…………………..…..……..….771-8648
U.S. Attorney’s Office Victim/Witness ………………………………………………\
…………771-2005
Hamilton
Ravalli County Victim/Witness ……..………………………………...………\
...363-4007 or 531-8845
S.A.F.E………….……...……………..………………\
……………………………….………363-2793
Havre
Domestic Abuse Program ……………….………………………………\
………………..…. 265-6743
Helena
Lewis and Clark County Victim/Witness ………………………………………………\
.….…447-8221
Friendship Center, Victim/Witness & Sexual Assault………………………………………..443-3360
Friendship Center, Domestic Violence Program……………………….442-6800 or 1-800-248-3166
Carroll College Sexual Safety Education Center ……………………………………………447-\
4524
Kalispell
Violence Free Crisis Line………...………………………………………\
………...………..752-4735
Flathead County Victim/Witness Program........................................................................\
.....261-9089
Lame Deer
Northern Cheyenne Victim Witness……………………………….………………\
………….477-8222
Healing Hearts…………..……………………………………\
…………..…….477-6412 or 477-6288
Lewistown
Fergus County Victim/Witness……………..…………………………………\
……………...538-8127
S.A.V.E.S………………………………………………\
………….………………………… 538-2281
.
Libby
Lincoln County Victim/Witness ………………………………………………\
……..…293-7781 x 276
Livingston
Park County Victim/Witness ………………………………………………\
……..………….222-4150
Tri-County Network Against Domestic Violence & Sexual Assault………222-8154 or 866-880-8425
20
Miles City
Custer County Victim/Witness ……….………………………………………\
………..…….233-8638
(Custer, Fallon, Garfield, and Powder River Counties)
Missoula
Crime Victim Advocate Program ………………………………………………\
……….…..258-4630
Sexual Assault Resource Center, UofM………………………………………………\
……..243-6559
YWCA Crisis.…………..……………………………………\
……………542-1944 or 800-483-7858
YWCA Shelter ………………………………………………\
…………………….…………542-1047
Pablo
Confederated Salish & Kootenai Tribes of the Flathead Nation
………………………………………………\
………675-2700 x1180 or 877-231-5173 or 675-4700
Phillipsburg
Granite County Victim/Witness………………………………………………\
……...…..…859-0105
Polson
DOVES …..………………..…………...………………\
…………..….883-3350 or 1-800-228-1038
Red Lodge
Carbon County Domestic and Sexual Violence Services……………………425-2222 or 446-1156
Tri-County Victim/Witness………………………………………………\
……….………. 322-8003
Ronan
SAFE Harbor……..…………………….……………………\
……………………….…...676-0800
Roundup
Musselshell and Golden Valley County Victim/Witness…………………………………..323-2540
Roundup S.A.V.E.S………………..………………………………\
……………………….323-2602
Scobey
Women’s Resource Center………………………………………………\
…….…………. 228-8401
Seeley Lake
S.S.T.E.P…………..…….....……………………………\
………….…..677-3177 or 800-483-7858
Sidney
Seventh Judicial District Victim/Witness. ……………………………………………...…\
.377-2818
Stanford
S.A.V.E.S………………………………………………\
…………………………..566-2277 x 128
21
Superior
Mineral County Help Line ……………………………………………..82\
2-4262 or 866-794-2100
Thompson Falls
Sanders County Coalition for Families ………………………...…….. 827-3218 or 800-265-04\
15
Townsend
Broadwater County Victim/Witness…..……………………………………………\
….…266-9237
Virginia City
Beaverhead and Madison County Victim/Witness ………………………………………..843-4232
White Sulphur Springs
Meagher County Attorney………………………………………………\
………..…547-3612 x 112
Tri-County Network Against Domestic Violence and Sexual Assault… ..222-8154 or 866-880-8425
Wolf Point
Fort Peck Assiniboine & Sioux Victim Assistance………………….………………..……653-1494 \
Northeast MT Victim/Witness…..…………..…………………………...653-2\
999 or 866-653-2999
(Daniels, Phillips, Roosevelt, Sheridan and Valley Counties)
22
