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Law garden / Idaho

If you're Jane Doe in Idaho

What Idaho's crime victim compensation law says, in plain words. Each line links to the exact sentence it comes from.

Crime Victims Compensation Program, run by Idaho Industrial Commission, Crime Victims Compensation Program.

Program phone208-334-6080
Idaho CVCP: Sexual Assault Forensics Examinations

Idaho CVCP: Sexual Assault Forensics ExaminationsID-S8

The program's own page, saved by Tend.

Open it on crimevictimcomp.idaho.gov

What the program can pay for

  • The most the program can pay for all costs together is $25,000.

    Idaho Code 72-1019(5)(a)and 1 more

    Idaho Code 72-1019(5)(a)ID-CAP-1

    Compensation to a victim, and to the victim's dependents if the victim dies, for crimes by the same offender within a 6 month period may not exceed $25,000 in total. The statute's wording is built around death cases; the program applies $25,000 as its maximum for all claims.

    Compensation payable to a victim and all of the victim's dependents in cases of the victim's death, because of injuries suffered due to an act or acts of criminally injurious conduct involving the same offender and occurring within a six (6) month period, may not exceed twenty-five thousand dollars ($25,000) in the aggregate.

    Read this sentence on legislature.idaho.gov

    CVCP Benefits You May Be Eligible For pageID-CAP-1B

    The program pays treatment expenses after all other payment sources are used, up to a maximum of $25,000.

    The Idaho Crime Victims Compensation Program reimburses providers and victims for treatment expenses incurred on behalf of the victim after all other payment sources have been exhausted, up to a maximum of $25,000.

    Read this sentence on crimevictimcomp.idaho.gov

  • Medical care

    Idaho Code 72-1019(2)

    Idaho Code 72-1019(2)ID-COV-1

    The commission may pay reasonable doctor, hospital, and medicine costs for crime injuries.

    The commission may order payment of reasonable expenses actually incurred by the claimant for reasonable services by a physician or surgeon, reasonable hospital services and medicines, mental health counseling and care, and such other treatment as may be approved by the commission for the injuries suffered due to criminally injurious conduct.

    Read this sentence on legislature.idaho.gov

  • Counseling

    • Mental health treatment for the victim is capped at $2,500 unless the commission finds extenuating circumstances, in which case it can go up to the overall maximum.
    Idaho Code 72-1019(2)and 1 more

    Idaho Code 72-1019(2)ID-COV-2

    Mental health counseling and care for crime injuries can be paid.

    The commission may order payment of reasonable expenses actually incurred by the claimant for reasonable services by a physician or surgeon, reasonable hospital services and medicines, mental health counseling and care, and such other treatment as may be approved by the commission for the injuries suffered due to criminally injurious conduct.

    Read this sentence on legislature.idaho.gov

    Idaho Code 72-1019(5)(b)ID-CAP-2

    payments for mental health treatment received as a result of the victim's injury may not exceed two thousand five hundred dollars ($2,500) unless the industrial commission finds extenuating circumstances.

    Read this sentence on legislature.idaho.gov

  • Prescriptions

    CVCP FAQ, What benefits are offered by CVCP? (Medical)

    CVCP FAQ, What benefits are offered by CVCP? (Medical)ID-COV-7

    Medications and prescriptions for crime injuries are covered medical costs.

    Examples include medical, surgical, dental, vision, hearing, medication/prescription, ambulance transport, physical therapy, diagnostic imaging, chiropractic care, medical devices, medical aids, medical and dental prostheses.

    Read this sentence on crimevictimcomp.idaho.gov

  • Dental care

    CVCP FAQ, What benefits are offered by CVCP? (Medical)

    CVCP FAQ, What benefits are offered by CVCP? (Medical)ID-COV-6

    Covered medical costs include dental, vision, hearing, prescriptions, ambulance, physical therapy, imaging, chiropractic care, and medical devices and prostheses.

    Examples include medical, surgical, dental, vision, hearing, medication/prescription, ambulance transport, physical therapy, diagnostic imaging, chiropractic care, medical devices, medical aids, medical and dental prostheses.

    Read this sentence on crimevictimcomp.idaho.gov

  • Travel

    Idaho Code 72-1019(10)

    Idaho Code 72-1019(10)ID-COV-3

    The claimant or a close family member can be reimbursed for necessary travel to get covered benefits, under the commission's rules.

    A claimant or a spouse, parent, child or sibling of a claimant or victim may be reimbursed for his or her expenses for necessary travel incurred in connection with obtaining benefits covered pursuant to this chapter and in accordance with rules of the commission.

    Read this sentence on legislature.idaho.gov

  • Lost pay

    • A victim with total wage loss gets 66 2/3 percent of their wages, up to $175 per week.
    • A victim who was employable but not employed at the time of the injury may get up to $150 per week, at the commission's discretion.
    • Weekly benefits for a victim who was employable but not employed may not exceed $20,000 in total.
    Idaho Code 72-1019(1)and 2 more

    Idaho Code 72-1019(1)ID-CAP-4

    The weekly benefit amount is sixty-six and two-thirds percent (66 2/3%) of the wages received at the time of the criminally injurious conduct, subject to a maximum of one hundred seventy-five dollars ($175).

    Read this sentence on legislature.idaho.gov

    Idaho Code 72-1019(7)(a)ID-CAP-5

    who was employable but was not employed at the time of such injury, may in the discretion of the commission be awarded weekly compensation benefits in an amount determined by the commission not to exceed one hundred fifty dollars ($150) per week.

    Read this sentence on legislature.idaho.gov

    Idaho Code 72-1019(7)(c)ID-CAP-6

    Compensation payable to a victim or a victim's dependents under this subsection may not exceed twenty thousand dollars ($20,000), and the limitations of subsection (5) of this section apply to compensation under this subsection.

    Read this sentence on legislature.idaho.gov

  • Funeral costs

    • Reasonable funeral, burial or cremation costs, plus transporting the victim's body, are paid up to $5,000 after other collateral sources have paid.
    Idaho Code 72-1019(4)

    Idaho Code 72-1019(4)ID-CAP-7

    Reasonable funeral and burial or cremation expenses of the victim, together with actual expenses of transportation of the victim's body, shall be paid in an amount not exceeding five thousand dollars ($5,000) if all other collateral sources have properly paid such expenses but have not covered all such expenses.

    Read this sentence on legislature.idaho.gov

  • Medically necessary items such as eyeglasses, contacts, prostheses, medical devices

    CVCP Sexual Assault Forensics Examinations page, Billing

    CVCP Sexual Assault Forensics Examinations page, BillingID-COV-5

    The program does not pay for property damage, but it can pay for medically necessary items such as eyeglasses, contacts, prostheses, and other medical devices.

    CVCP cannot pay Property Damages. However, the Program can pay for certain medically necessary items, such as eyeglasses, contacts, medical and dental prostheses, and other medical devices or aids.

    Read this sentence on crimevictimcomp.idaho.gov

What it does not pay for

  • Property damage is not paid, so replacing personal property such as a phone is not covered. Pain and suffering is not paid either.

    Idaho Code 72-1019(6)

    Idaho Code 72-1019(6)ID-EXCL-1

    Compensation benefits are not payable for pain and suffering or property damage.

    Read this sentence on legislature.idaho.gov

  • Pain and suffering is not compensated.

    Idaho Code 72-1019(6)

    Idaho Code 72-1019(6)ID-EXCL-2

    Compensation benefits are not payable for pain and suffering or property damage.

    Read this sentence on legislature.idaho.gov

  • The program will not pay counseling cancellation or missed-appointment fees, or sessions that included the offender.

    CVCP FAQ, Mental Health

    CVCP FAQ, Mental HealthID-EXCL-3

    CVCP will not reimburse for cancellation or missed appointment fees nor will they consider payments for sessions that included the offender.

    Read this sentence on crimevictimcomp.idaho.gov

  • Mileage is not paid for the first 15 miles of a round trip, or for round trips of 15 miles or less; one round trip per day.

    IDAPA 17.10.01.013.06

    IDAPA 17.10.01.013.06ID-EXCL-4

    Reimbursement is limited to one (1) round trip per day. The claimant shall not be reimbursed for the first fifteen (15) miles of any round trip, nor for traveling any round trip of fifteen (15) miles or less.

    Open the source on adminrules.idaho.gov

  • The program's FAQ lists crime-scene cleanup among costs it does not cover and points victims to court-ordered restitution from the offender instead. The same FAQ sentence also lists wage loss, which the statute does cover, so this page is not fully reliable.

    CVCP FAQ, What is Restitution?

    CVCP FAQ, What is Restitution?ID-EXCL-5

    A victim may request the criminal court to order the offender to pay restitution for expenses that are not covered by the program, such as property damage, wage loss, expenses to attend criminal court, or costs for crime-scene cleanup.

    Read this sentence on crimevictimcomp.idaho.gov

The forensic exam

  • You should not get a bill for a sexual assault forensic exam.

    CVCP Sexual Assault Forensics Examinations pageand 1 more

    CVCP Sexual Assault Forensics Examinations pageID-EXAM-3

    An adult survivor's (18 or older) private insurance should not be billed for a sexual assault forensic and medical exam; the program pays instead. Federal programs such as Medicaid, Medicare, or VA are billed first, and a minor's exam goes through all insurance first. This is a rule about insurance billing; no Idaho source flatly bars billing the survivor.

    an adult victim's (18 years of age and older) private insurance should not be billed for a sexual assault forensic and medical examination.

    Read this sentence on crimevictimcomp.idaho.gov

    Idaho Code 72-1026(2)ID-EXAM-5

    A medical provider that the program has paid may not try to collect more from the victim for the same services, except when the program cannot pay the full allowable amount.

    Except as provided in subsection (3) herein, a medical provider who has received payment from the commission for medical services provided to a victim or claimant under this chapter may not attempt to collect any further payment from the victim or the claimant for those same services.

    Read this sentence on legislature.idaho.gov

  • The provider should not bill your insurance for it either.

    CVCP Sexual Assault Forensics Examinations page

    CVCP Sexual Assault Forensics Examinations pageID-EXAM-3

    An adult survivor's (18 or older) private insurance should not be billed for a sexual assault forensic and medical exam; the program pays instead. Federal programs such as Medicaid, Medicare, or VA are billed first, and a minor's exam goes through all insurance first. This is a rule about insurance billing; no Idaho source flatly bars billing the survivor.

    an adult victim's (18 years of age and older) private insurance should not be billed for a sexual assault forensic and medical examination.

    Read this sentence on crimevictimcomp.idaho.gov

  • By statute, the cost of a sexual assault forensic or medical exam is paid from the state crime victims compensation account rather than by the law enforcement agency.

    Idaho Code 19-5303

    Idaho Code 19-5303ID-EXAM-1

    the cost of forensic and/or medical examinations of alleged victims of sexual assault shall be paid for from the crime victims compensation account

    Read this sentence on legislature.idaho.gov

  • The commission pays for evidence-gathering sexual assault exams after any federal or federally financed payer (such as Medicaid or Medicare); for victims under 18 it pays after any liable third party.

    Idaho Code 72-1019(2)

    Idaho Code 72-1019(2)ID-EXAM-2

    Payment for the costs of forensic and medical examinations of alleged victims of sexual assault performed for the purposes of gathering evidence for possible prosecution, after collections from any federal or federally financed third party who has liability, shall be made by the commission; provided however that payment for the costs of forensic and medical examinations of alleged victims under eighteen (18) years of age shall be made by the commission after collections from any third party who has liability.

    Read this sentence on legislature.idaho.gov

  • The program says it will pay for an adult survivor's sexual assault forensic and medical exam, and to call the program right away if the facility sends a bill for the exam.

    CVCP FAQ, Will you bill my insurance?

    CVCP FAQ, Will you bill my insurance?ID-EXAM-4

    Please note that if you are an adult victim of a Sexual Assault, we will pay for the costs of your Sexual Assault Forensic and Medical Examination. If you receive a bill from the medical facility for the Forensic Examination, please contact us immediately

    Read this sentence on crimevictimcomp.idaho.gov

  • Covered exam costs include examiner, facility, and lab fees, STI antibiotics, HIV prophylaxis, and other medications; follow-up visits may also be covered.

    CVCP FAQ, What benefits are offered by CVCP?

    CVCP FAQ, What benefits are offered by CVCP?ID-COV-4

    Sexual assault forensic and medical examination costs covered by the program include but are not limited to examiner fees, facility fees, laboratory fees, antibiotics for Sexually Transmitted Infections, HIV prophylaxis, medical prescriptions, and other medications. Follow up visits as prescribed by the treating physician due to an assault may also be covered.

    Read this sentence on crimevictimcomp.idaho.gov

Police report

  • The program asks for a police report. The rules below say when other records can count instead, like a forensic exam.

    Idaho Code 72-1016(3)and 2 more

    Idaho Code 72-1016(3)ID-REPORT-1

    The crime must be reported to law enforcement within 72 hours, unless the commission finds good cause for the delay.

    Compensation may not be awarded unless the criminally injurious conduct resulting in injury or death was reported to a law enforcement officer within seventy-two (72) hours after its occurrence or the commission finds there was good cause for the failure to report within that time.

    Read this sentence on legislature.idaho.gov

    Idaho Code 72-1016(4)ID-REPORT-3

    To get benefits, the claimant must fully cooperate with law enforcement and prosecutors; the commission may deny or reduce an award if they do not.

    In order to be entitled to benefits under this chapter, a claimant must fully cooperate with all law enforcement agencies and prosecuting attorneys in the apprehension and prosecution of the offender causing the criminally injurious conduct.

    Read this sentence on legislature.idaho.gov

    Adult Sexual Assault Forensic Examination Reimbursement Application, page 1ID-REPORT-2

    An adult who does not want to report to police can use a separate exam reimbursement application that covers mainly the exam cost; it is not for minors and does not open the program's other benefits.

    This application should be used by victims who did not or do not wish to disclose to law enforcement at this time and are primarily seeking reimbursement for only the cost of sexual assault forensic and medical examination This form is not applicable for minor victims.

    Open the source on crimevictimcomp.idaho.gov

  • The crime must be reported to law enforcement within 72 hours, unless the commission finds good cause for the delay.

    Idaho Code 72-1016(3)

    Idaho Code 72-1016(3)ID-REPORT-1

    Compensation may not be awarded unless the criminally injurious conduct resulting in injury or death was reported to a law enforcement officer within seventy-two (72) hours after its occurrence or the commission finds there was good cause for the failure to report within that time.

    Read this sentence on legislature.idaho.gov

  • An adult who does not want to report to police can use a separate exam reimbursement application that covers mainly the exam cost; it is not for minors and does not open the program's other benefits.

    Adult Sexual Assault Forensic Examination Reimbursement Application, page 1

    Adult Sexual Assault Forensic Examination Reimbursement Application, page 1ID-REPORT-2

    This application should be used by victims who did not or do not wish to disclose to law enforcement at this time and are primarily seeking reimbursement for only the cost of sexual assault forensic and medical examination This form is not applicable for minor victims.

    Open the source on crimevictimcomp.idaho.gov

  • To get benefits, the claimant must fully cooperate with law enforcement and prosecutors; the commission may deny or reduce an award if they do not.

    Idaho Code 72-1016(4)

    Idaho Code 72-1016(4)ID-REPORT-3

    In order to be entitled to benefits under this chapter, a claimant must fully cooperate with all law enforcement agencies and prosecuting attorneys in the apprehension and prosecution of the offender causing the criminally injurious conduct.

    Read this sentence on legislature.idaho.gov

Deadline to apply

  • Apply within 1 year of the date it happened.

    Idaho Code 72-1016(1)

    Idaho Code 72-1016(1)ID-DEADLINE-1

    The claim must be filed within 1 year after the crime; the commission can extend this for good cause.

    Compensation may not be awarded unless the claim is filed with the commission within one (1) year after the day the criminally injurious conduct occurred causing the injury or death upon which the claim is based. The time for filing a claim may be extended by the commission for good cause shown.

    Read this sentence on legislature.idaho.gov

Keeping your name and address private

  • Idaho's Address Confidentiality Program, run by the Secretary of State, gives survivors of sexual assault and other listed crimes a substitute mailing address and mail forwarding so their new address stays confidential; state and local agencies must accept the substitute address.

    Address Confidentiality Program page, introduction; Idaho Code 19-5701 and 19-5703

    Address Confidentiality Program page, introduction; Idaho Code 19-5701 and 19-5703ID-ACP-1

    If you move to a new location to escape domestic violence, sexual assault, stalking, malicious harassment or human trafficking, the Address Confidentiality Program (ACP) helps keep your new address confidential using a mail-forwarding service and substitute address.

    Read this sentence on sos.idaho.gov

  • The information and records the Industrial Commission keeps for crime victim compensation claims are confidential and exempt from public disclosure, with limited exceptions (the claimant, a court in camera review, public officials doing their duties, and treating or advising health care providers).

    Idaho Code 72-1007

    Idaho Code 72-1007ID-REC-1

    The information and records the commission maintains in its possession in the administration of this chapter shall be kept confidential and are exempt from public disclosure under chapter 1, title 74 , Idaho Code

    Read this sentence on legislature.idaho.gov

How to apply

If you need money soon

  • If the claimant would face financial hardship and a final award looks likely, the commission may pay a tentative award, deducted from the final award later.

    Idaho Code 72-1017

    Idaho Code 72-1017ID-EMERG-1

    If the commission determines that the claimant will suffer financial hardship unless a tentative award is made and it appears likely that a final award will be made, an amount may be paid to the claimant, to be deducted from the final award

    Read this sentence on legislature.idaho.gov

Good to know before you apply

  • Crimes committed in Idaho qualify. An Idaho resident hurt in another state qualifies only if that state has no compensation program the victim is eligible for.

    Idaho Code 72-1003(4)(a)

    Idaho Code 72-1003(4)(a)ID-RES-1

    Occurs or is attempted in this state or occurs outside the state of Idaho against a resident of the state of Idaho and which occurred in a state which does not have a crime victims compensation program for which the victim is eligible

    Read this sentence on legislature.idaho.gov

  • Except for the sexual assault exam rules in 72-1019(2), compensation is reduced or denied to the extent it can be recovered from insurance or other collateral sources.

    Idaho Code 72-1016(5)

    Idaho Code 72-1016(5)ID-COLL-1

    Subject to the limitations on payments for the costs of forensic and medical examinations of alleged victims of sexual assault described in section 72-1019 (2), Idaho Code, compensation otherwise payable to a claimant shall be reduced or denied to the extent the compensation benefits payable are or can be recouped from collateral sources.

    Read this sentence on legislature.idaho.gov

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