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Compensation for Certain Victims of Criminal Acts

NRS 217.150 – 217.220 – Overview of Compensation for Certain Victims of Criminal Acts

extradition in nevadaAre you facing an order to pay restitution, or compensation, to your victims? Are you already under that order and facing hardship? Not paying that order may get your probation revoked, you may get slapped with a suspended jail sentence, or they might haul you off to prison. Let’s look deeper at the Compensation for Certain Victims of Criminal Acts in Nevada.

Who is Eligible to be Compensated?

  1. The victim;
  2. Whoever, if they’re responsible for the victim, and due to their victimization, suffered financial loss or incurred expenses;
  3. The dependents of the deceased victim;
  4. A minor needing an assessment or psychological evaluation or counseling due to living in the household with or being the immediate family of a battery victim which constitutes domestic violence; or
  5. A person needing psychological counseling due to living in the household with or being the immediate family of a murder victim.

How Much Will Compensation Be?

The compensation amounts, according to NRS 217.150, will fluctuate between victim, depending on the facts underlying each claim. One victim might have only emergency room bills to pay, while another might have an emergency room bill, a bill for surgery, a totaled minivan, and lost wages. And yet another victim might need to be compensated for the funeral expenses of her husband.

Expenses are not the only thing considered, however. The Board instituted a set formula that uses an established, uniform standard to determine how much restitution each offender must pay.

How Are Expenses Determined?

In determining whether to grant the order for compensation, the compensation officer will consider (except in cases of domestic violence, sex trafficking, or sexual assault):

  1. The provocation;
  2. Consent; and
  3. Any other behavior that could have contributed to the injury or death.

The compensation officer also considers prior social history, previous cases, the victim’s needs and those of his or her dependents, and other matters he deems relevant. The victim must inform her compensation officer if she receives or expects to receive any money from the following relating to the crime:

  1. The offender or anyone on the offender’s behalf;
  2. Insurance;
  3. The victim’s employment; or
  4. Another public or private source or assistance program.

The amount expected or received will be deducted from the amount of the expenses that she submitted for compensation. If the victim receives any unexpected funds after the offender has paid compensation, the entity sending the money must send it to the Board first. If there’s money left over after the amount of compensation has been refunded, the remainder will be sent to the victim.

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What’s Included as an Expense?

Besides receiving a “Governor’s certificate for meritorious citizen’s service to a victim,” the victim can also be compensated for:

  1. Medical expenses;
  2. Psychological counseling;
  3. Nonmedical remedial care;
  4. Treatment rendered for religious healing methods;
  5. Lost earnings or loss of support (to the victim’s dependent’s) resulting from the victim’s inability to work for up to 52 weeks;
  6. Financial loss to a deceased victim’s dependents;
  7. Funeral expenses; and
  8. Any other loss the compensation officer determines eligible for compensation.

If another person pays for the victim’s funeral, the compensation officer may order those expenses paid as part of the compensation as well.

Statute of Limitations

A crime victim has one year after the crime to submit their application. However, there are some exceptions to this limitations period:

  1. If the victim can show good cause for why they didn’t apply, the Department will waive the limitation. However, the victim must have reported the offense or incident within five days of when they’re medically able.
  2. A sexually abused minor and one involved in child pornography is exempt. However, the minor must apply before he turns twenty-one, which is the close of his time limit.

Who is Not Eligible for Compensation?

  1. Those injured or killed in a vehicle, boat, or airplane accidentThe victim is eligible if the driver was under the influence, if the victim was a minor in the vehicle of a driver under the influence, or if the victim was a pedestrian;
  2. Those who are not US citizens or were illegally residing in the US when the incident occurred;
  3. Coconspirators, accomplices, co-defendants, adult passengers (who could’ve collected on a victim) of the offender;
  4. Those killed or injured while in jail or prison;
  5. Those killed or injured while in a facility for the detention or commitment of delinquent children;
  6. Those failing to cooperate with the police or other law enforcement agencies; and
  7. Those who will not suffer serious financial hardship from the expenses – We may be able to help prove a lack of hardship!

Have Victims Filed Claims for Financial Restitution Against You? An Experienced Las Vegas Lawyer Can Help

There are things about Nevada’s “Compensation for Certain Victims of Crime” laws that you may not know – things a good criminal defense attorney does. There are suspensions we can fight for, limitations on how long your victim has to pay that we can make sure are followed, victims that can’t collect, and victims that won’t be paid due to certain categories they fall into.

Although a victim can begin receiving compensation before the offender has been prosecuted or convicted, the proceedings can be suspended once the offender’s prosecution becomes imminent or begins. This applies regardless of what stage the application or order for compensation is in, up to and including if the victim is already receiving restitution. Contact LV Criminal Defense to schedule a free, confidential consultation.

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