§ 5353. Application for compensation
(a) A victim or a dependent of a victim shall, upon application, be eligible for compensation
if:
(1) a law enforcement official has filed a report concluding that a crime was committed
which resulted in the injury or death of the victim; and
(2) the crime was committed in this State; or
(3) the victim is a Vermont resident, the state in which the crime occurred does not have
an eligible crime Victims Compensation Program and the applicant would have been eligible
for compensation under this chapter if the crime had been committed in this State;
or
(4) the victim is a Vermont resident who is injured or killed by an act of terrorism outside
the United States, to the extent that compensation is not otherwise available under
federal law.
(b) Victims of crimes subject to federal jurisdiction, and their dependents, shall be
eligible for compensation on the same basis as victims of State crimes.
(c) The application for compensation shall be signed by the applicant and shall contain
at least the following information which shall be provided subject to the penalties
of perjury:
(1) A description of the date, nature, and circumstances of the crime.
(2) A complete financial statement, including pecuniary losses and the extent to which
the applicant has been or may be indemnified for these expenses from any source.
(3) When appropriate, a statement indicating the extent of any disability resulting from
the injury.
(4) When reasonably available, copies of all law enforcement reports and reports from
all health care providers who treated or examined the victim at the time of or after
the crime or who treated or examined the dependent.
(5) The applicant’s Social Security number for the purpose of making cash payment to the
applicant in accordance with section 5356 of this title.
(d) In any case in which the person entitled to compensation under this chapter is a minor
or is mentally incompetent or unable to apply because of his or her physical condition,
the application may be made on the person’s behalf by a parent, spouse, guardian,
or other person authorized to administer the estate.
(e) In any case in which a victim otherwise eligible for compensation under this chapter
dies without making an application, the Board may, upon application, award medical
or medically related expenses to the victim’s estate.
(f) The Board may award funeral expenses to the next of kin of a deceased victim who is
not survived by a dependent.
(g) A victim or a dependent of a victim shall be eligible for compensation for pecuniary
losses sustained as a result of a crime that occurred after July 1, 1987 if the losses
occurred on or after July 1, 1990.
(h) A victim who is under the age of 18 at the time the application for compensation is
filed shall be eligible for compensation for pecuniary losses sustained as a result
of a crime, no matter when the crime occurred, if the losses occurred on or after
July 1, 1990.
(i) A victim shall be eligible for compensation for pecuniary losses sustained as a result
of a crime which occurred before July 1, 1987 if at the time of application the case
is being investigated or is being prosecuted. (Added 1989, No. 214 (Adj. Sess.), § 1; amended 1991, No. 107, §§ 1, 3, 5; 1997, No. 147 (Adj. Sess.), § 53; 2005, No. 162 (Adj. Sess.), § 2, eff. Jan. 1, 2007; 2007, No. 173 (Adj. Sess.), § 5.)