Law garden / Hawaii
If you're Jane Doe in Hawaii
What Hawaii's crime victim compensation law says, in plain words. Each line links to the exact sentence it comes from.
Crime Victim Compensation Commission, run by Hawaii Department of Corrections and Rehabilitation, Crime Victim Compensation Commission.
Show the law for this line: CVCC: How to Apply
CVCC: How to ApplyHI-S3
The program's own page, saved by Tend.
- $10,000the most you can ask for in totalHRS 351-62(b)
- 18 monthsto apply, from the date it happenedHRS 351-62(a)
- Police reportthe program asks for oneHRS 351-31(d)
- $0what a forensic exam should cost youDept. of the Attorney General, HSART Program page, "Who We Are and What We Do"
What the program can pay for
The most the program can pay for all costs together is $10,000.
Show the law for this line: HRS 351-62(b)
HRS 351-62(b)HI-CAP-1
The maximum award is $10,000; if compensable medical expenses exceed $10,000, the award can go up to $20,000 or the actual medical expenses, whichever is lower.
No compensation shall be awarded under this chapter in an amount in excess of $10,000; provided that, if a case involves compensable medical expenses in excess of $10,000, no compensation shall be awarded in excess of $20,000 or the actual amount of compensable medical expenses, whichever is lower.
Read this sentence on capitol.hawaii.gov (opens in a new tab)
Medical care
Show the law for this line: Haw. Admin. R. 23-605-9(c)and 1 more
Haw. Admin. R. 23-605-9(c)HI-COVER-MED-1
Medical expenses directly related to the crime are covered, including hospitalization.
Medical expenses are those expenses directly related to the incident that may include: (1) Hospitalization;
Haw. Admin. R. 23-605-9(c)(6)HI-COVER-GLASSES-1
Prescription eyeglasses, contact lenses, dentures and prosthetics are a covered medical expense if they were damaged in the crime.
(6) Prescription eyeglasses, contact lens, dentures, and prosthetics if damaged in the crime;
Counseling
Show the law for this line: CVCC Crime-Related Expenses page
CVCC Crime-Related Expenses pageHI-COVER-COUNSEL-1
Mental health expenses are listed as a covered crime-related expense.
Medical and mental health expenses
Prescriptions
Show the law for this line: Haw. Admin. R. 23-605-9(c)(5)
Haw. Admin. R. 23-605-9(c)(5)HI-COVER-RX-1
Prescription drugs are a covered medical expense.
(5) Prescription drugs;
Dental care
Show the law for this line: CVCC Crime-Related Expenses page
CVCC Crime-Related Expenses pageHI-COVER-DENTAL-1
Dental expenses are listed as covered.
Dental expenses
Lost pay
Show the law for this line: HRS 351-33(2)
HRS 351-33(2)HI-COVER-WAGES-1
The commission may pay for the victim's loss of earning power from total or partial incapacity.
Loss to the victim of earning power as a result of total or partial incapacity;
Read this sentence on capitol.hawaii.gov (opens in a new tab)
Child care
Show the law for this line: Haw. Admin. R. 23-605-14(4)
Haw. Admin. R. 23-605-14(4)HI-COVER-CHILDCARE-1
Replacement dependent care can be covered when the victim's attending medical or other service provider supports the need.
(4) Replacement for dependent care or independent living support when evidenced by the attending medical or
Replacing belongings
Show the law for this line: Haw. Admin. R. 23-605-14(1)-(2)
Haw. Admin. R. 23-605-14(1)-(2)HI-COVER-EVIDENCE-1
The reasonable replacement or rental cost of items taken as evidence can be covered as an other monetary loss, with verification. This rule is limited to items taken as evidence; it is not a general property replacement benefit.
Verification is required to establish other monetary losses and may include, but not limited to: (1) Reasonable cleaning of the crime scene; (2) Reasonable replacement or rental cost for items taken as evidence;
Crime scene cleanup
Show the law for this line: Haw. Admin. R. 23-605-14(1)
Haw. Admin. R. 23-605-14(1)HI-COVER-CLEANUP-1
Reasonable cleaning of the crime scene can be covered as an other monetary loss, with verification.
(1) Reasonable cleaning of the crime scene;
What it does not pay for
The program lists property damage as covered only for Good Samaritans, so property damage to a crime victim (for example a phone or other belongings) is not listed as covered, apart from items taken as evidence.
Show the law for this line: CVCC Crime-Related Expenses page
CVCC Crime-Related Expenses pageHI-EXCL-PROPERTY-1
Property damage (“Good Samaritans” only)
No compensation is paid for an injury suffered while confined in a jail, prison or other correctional facility.
Show the law for this line: HRS 351-31(f)
HRS 351-31(f)HI-EXCL-JAIL-1
No compensation of any kind shall be awarded to a victim or intervenor who suffered injury or death while confined in any federal, state, or county jail, prison, or other correctional facility.
Read this sentence on capitol.hawaii.gov (opens in a new tab)
The commission's rules say charges for therapy sessions the victim or applicant misses are not normally considered customary therapy expenses.
Show the law for this line: Haw. Admin. R. 23-605-10(c)(3)
Haw. Admin. R. 23-605-10(c)(3)HI-EXCL-NOSHOW-1
Sessions in which the victim or applicant fails to show up;
The forensic exam
You should not get a bill for a sexual assault forensic exam.
Show the law for this line: Dept. of the Attorney General, HSART Program page, "Who We Are and What We Do"
Dept. of the Attorney General, HSART Program page, "Who We Are and What We Do"HI-EXAM-1
The Attorney General's sexual assault response program page says a primary police role is to make sure victims are offered and given free forensic exams, whether or not they report to police. This is a program role statement, not a statute, and it does not say who pays or whether insurance can be billed.
The primary roles of the police are to ensure that victims are offered and provided free forensic examinations regardless if a police report is made
Police report
The program asks that the crime be reported to police.
Show the law for this line: HRS 351-31(d)and 1 more
HRS 351-31(d)HI-REPORT-1
No prosecution or conviction is needed, but an arrest must have been made or the crime must have been reported to police without undue delay.
An order may be made under this section whether or not any person is prosecuted for or convicted of a crime arising out of an act or omission described in subsection (a) if an arrest has been made or the act or omission has been reported to the police without undue delay.
Read this sentence on capitol.hawaii.gov (opens in a new tab)
Haw. Admin. R. 23-605-2 (definition of "Undue delay")HI-REPORT-2
The commission's rules define undue delay in reporting to police as 72 hours, and the commission may accept a later police report for good cause.
"Undue delay" means 72 hours, provided that upon a showing of good cause, the commission may consider a police
No prosecution or conviction is needed, but an arrest must have been made or the crime must have been reported to police without undue delay.
Show the law for this line: HRS 351-31(d)
HRS 351-31(d)HI-REPORT-1
An order may be made under this section whether or not any person is prosecuted for or convicted of a crime arising out of an act or omission described in subsection (a) if an arrest has been made or the act or omission has been reported to the police without undue delay.
Read this sentence on capitol.hawaii.gov (opens in a new tab)
The commission's rules define undue delay in reporting to police as 72 hours, and the commission may accept a later police report for good cause.
Show the law for this line: Haw. Admin. R. 23-605-2 (definition of "Undue delay")
Haw. Admin. R. 23-605-2 (definition of "Undue delay")HI-REPORT-2
"Undue delay" means 72 hours, provided that upon a showing of good cause, the commission may consider a police
Deadline to apply
Apply within 18 months of the date it happened.
Show the law for this line: HRS 351-62(a)
HRS 351-62(a)HI-DEADLINE-1
The application must be filed within eighteen months after the date of injury; the commission may accept a later application for good cause.
No order for the payment of compensation shall be made under this chapter unless the application has been made within eighteen months after the date of injury, death, or property damage; provided that upon a showing of good cause, the commission may consider applications filed beyond this time period.
Read this sentence on capitol.hawaii.gov (opens in a new tab)
Under the commission's rules, good cause for filing after 18 months or reporting to police late means the applicant could not do it because of a mental, physical or legal impairment; not knowing the law, incarceration, or negligent failure to learn the facts is not good cause.
Show the law for this line: Haw. Admin. R. 23-605-2 (definition of "Good cause")
Haw. Admin. R. 23-605-2 (definition of "Good cause")HI-DEADLINE-2
"Good cause" means a determination that the applicant was unable to file an application within 18 months after the date of the incident or report the incident to the police without undue delay due to a mental, physical or legal impairment. Good cause may not be established by ignorance of the law, incarceration, or negligent failure to ascertain the facts giving rise to a claim
Keeping your name and address private
Hawaii's Address Confidentiality Program, run by the Department of Law Enforcement, is free and lets survivors of domestic abuse, sexual offenses, or stalking use a substitute address instead of their home, work, and school addresses with state and county agencies. It also forwards mail and accepts legal service for participants. Survivors apply through an application assistant at a certified victim services organization, not directly with the Department.
Show the law for this line: Dept. of Law Enforcement, Hawaii ACP page, "What is Hawaii ACP?"; see HRS 801G-1, 801G-2, 801G-3
Dept. of Law Enforcement, Hawaii ACP page, "What is Hawaii ACP?"; see HRS 801G-1, 801G-2, 801G-3HI-ACP-1
The Hawaii Address Confidentiality Program is a free resource that helps to protect survivors of domestic abuse, sexual offenses, and stalking. The program enables participants to use a substitute address in place of their residential, work, and school addresses with state and county government agencies.
How to apply
Email cvcc@hawaii.rr.com
Show the law for this line: Application Form, page 2, submission block
Application Form, page 2, submission blockHI-SUBMIT-4
The application form lists an email address for submitting it: cvcc@hawaii.rr.com. An original signed application must still be sent when filing electronically.
SUBMIT THE ORIGINALLY SIGNED APPLICATION TO: 1164 Bishop Street, Suite 1530 Honolulu, HI 96813 Fax: (808) 587-1146 Email: cvcc@hawaii.rr.com
Mail Crime Victim Compensation Commission 1164 Bishop St, Suite 1530 Honolulu, HI 96813
Show the law for this line: How to Apply, Compensation Application
How to Apply, Compensation ApplicationHI-SUBMIT-1
Mail the printed, signed application to the Crime Victim Compensation Commission at 1164 Bishop St, Suite 1530, Honolulu.
Then mail or drop off your completed application to : Crime Victim Compensation Commission 1164 Bishop St, Suite 1530 Honolulu, HI 96813
Fax (808) 587-1146
Show the law for this line: Application Form, page 2, submission block
Application Form, page 2, submission blockHI-SUBMIT-3
The application form lists a fax number for submitting it: (808) 587-1146. An original signed application must still be sent when filing electronically.
SUBMIT THE ORIGINALLY SIGNED APPLICATION TO: 1164 Bishop Street, Suite 1530 Honolulu, HI 96813 Fax: (808) 587-1146 Email: cvcc@hawaii.rr.com
In person Crime Victim Compensation Commission 1164 Bishop St, Suite 1530 Honolulu, HI 96813
Show the law for this line: How to Apply, Compensation Application
How to Apply, Compensation ApplicationHI-SUBMIT-2
The signed application can also be dropped off at the Commission office at 1164 Bishop St, Suite 1530, Honolulu.
Then mail or drop off your completed application to : Crime Victim Compensation Commission 1164 Bishop St, Suite 1530 Honolulu, HI 96813
Phone 808-587-1143
Show the law for this line: CVCC: How to Apply
CVCC: How to ApplyHI-S3
The program's own page, saved by Tend.
Good to know before you apply
Anyone hurt by a covered crime within Hawaii's criminal jurisdiction can apply, and Hawaii residents hurt by a covered crime in another state can also apply.
Show the law for this line: HRS 351-31(a)
HRS 351-31(a)HI-RES-1
In the event any private citizen is injured or killed by any act or omission of any other person coming within the criminal jurisdiction of the State after June 6, 1967, or any state resident is injured or killed by any act or omission of any other person after July 1, 1989, in another state, which act or omission is within the description of the crimes enumerated in section 351-32
Read this sentence on capitol.hawaii.gov (opens in a new tab)
The commission deducts money received or to be received from other sources, such as the offender or public or private funds, that is tied to the injury.
Show the law for this line: HRS 351-63(a)
HRS 351-63(a)HI-COLLATERAL-1
In determining the amount of compensation to be awarded under this chapter, the commission shall deduct amounts or benefits received or to be received from any source, whether from the offender or from any person on behalf of the offender, or from public or private funds
Read this sentence on capitol.hawaii.gov (opens in a new tab)
The program calls itself the payor of last resort and pays after all other sources are used up.
Show the law for this line: CVCC Crime-Related Expenses page
CVCC Crime-Related Expenses pageHI-COLLATERAL-2
is a “payor of last resort” and may pay compensation after all other sources have been exhausted.
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If you're Jane Doe in Hawaii: you can ask for up to $10,000, and you should never get a bill for a forensic exam.
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