Law garden / Michigan
If you're Jane Doe in Michigan
What Michigan's crime victim compensation law says, in plain words. Each line links to the exact sentence it comes from.
Crime Victim Compensation, run by Michigan Department of Health and Human Services, Division of Victim Services, Crime Victim Services Commission.
Show the law for this line: MDHHS Crime Victim Compensation (program home)
MDHHS Crime Victim Compensation (program home)MI-S9
The program's own page, saved by Tend.
- $45,000the most you can ask for in totalMCL 18.361(1)
- 5 yearsto apply, from the date it happenedMCL 18.355(2)
- Exam can countin place of a police reportMCL 18.355a(10)
- $0what a forensic exam should cost youMCL 18.355a(2)
What the program can pay for
The most the program can pay for all costs together is $45,000.
Show the law for this line: MCL 18.361(1)
MCL 18.361(1)MI-CAP-1
The total award cannot exceed $45,000 per claimant.
The aggregate award under this act must not exceed $45,000.00 per claimant.
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Medical care
Show the law for this line: MCL 18.361(2)(a)
MCL 18.361(2)(a)MI-COV-1
Unreimbursed medical care for the victim is covered.
(a) Medical care for the victim or intervenor.
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Counseling
- Counseling with a licensed or registered therapist or counselor is reimbursed at up to $80 per hourly session.
- Counseling with a licensed psychologist or physician is reimbursed at up to $125 per hourly session.
- Counseling is limited to 35 sessions per person plus up to 20 family sessions, at $80 per hour for a therapist or counselor and $125 per hour for a psychologist or physician.
Show the law for this line: MCL 18.361(2)(b)and 3 more
MCL 18.361(2)(b)MI-COV-2
Psychological counseling is covered, subject to the session and rate limits.
(b) Subject to subsection (6), psychological or grief counseling for an individual listed in section 4(1)(a), (b), (c), (e), (f), or (g).
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MCL 18.361(6)MI-CAP-2
The maximum hourly reimbursement rate must not exceed $80.00 per hourly session for a therapist or counselor licensed or registered to practice in this state
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MCL 18.361(6)MI-CAP-3
except that the maximum hourly reimbursement rate must not exceed $125.00 per hourly session for a psychologist or physician licensed to practice in this state.
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MDHHS award limits table, Psychological CounselingMI-CAP-4
35 sessions, 20 family sessions $80/hour for a therapist/counselor $125/hour for a psychologist/physician
Dental care
Show the law for this line: MDHHS What Costs May Be Covered, Costs that May Be Covered
MDHHS What Costs May Be Covered, Costs that May Be CoveredMI-COV-9
Reasonable and necessary medical, dental, optical, and counseling costs are covered.
Reasonable and necessary medical, dental, optical, counseling, and non-medical remedial treatment.
Travel
- Transportation for trips of 50 miles or less each way is capped at $1,000 in total per claimant.
- Transportation is capped at $5,000 in total per claimant when the trip is at least 50 miles each way to care that is not available within 50 miles of home.
Show the law for this line: MCL 18.361(2)(e)and 2 more
MCL 18.361(2)(e)MI-COV-7
Transportation is covered to reach victim services, medical care, or mental health care.
(e) Transportation expenses for the purpose of an individual listed in section 4(1)(a), or if the victim or intervenor is deceased, for a person listed in section 4(1)(b), (e), or (f), to access services from a victim services organization, medical care, or mental health care, or to attend the funeral of a victim or intervenor.
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MCL 18.361(2)(e)(i)MI-CAP-7
(i) If the expense is for travel of a distance of not more than 50 miles each way from the claimant's residence, $1,000.00.
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MCL 18.361(2)(e)(ii)MI-CAP-8
(ii) If the expense is for travel that meets 1 or more of the following, $5,000.00: (A) If the travel is a distance of not less than 50 miles from the claimant's residence each way and is to and from a health care provider, mental health professional as that term is defined in section 100b of the mental health code, 1974 PA 258, MCL 330.1100b, or health facility or agency that renders a specific treatment or care that is not available within 50 miles of the claimant's residence.
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Lost pay
- Lost earnings are paid at the actual loss, up to $1,000 for each week.
Show the law for this line: MCL 18.361(4)and 1 more
MCL 18.361(4)MI-COV-3
Lost wages are covered, including time off work to seek medical care, recover, get counseling, or get help from a victim services organization.
A claimant may be awarded for loss of earnings under this subsection for lost wages as a result of the crime
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MCL 18.361(4)MI-CAP-5
An award must not exceed $1,000.00 for each week of lost earnings.
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Home security
- Residential security (security systems, window or lock repair or replacement, added locks) is covered up to $1,000 per residence.
Show the law for this line: MCL 18.361(2)(f)
MCL 18.361(2)(f)MI-CAP-9
(f) Reasonable costs of not more than $1,000.00 per residence for installing, increasing, or replacing residential security, which may include installing a home security device or system; replacing or repairing windows or locks; or increasing the number of locks
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Moving
- Relocation expenses are capped at $3,800 per claimant.
Show the law for this line: MCL 18.361(2)(c)and 2 more
MCL 18.361(2)(c)MI-COV-4
Temporary or permanent relocation is covered when the move protects the survivor's safety or emotional or financial well-being, and generally must happen within 1 year of the crime or of a new threat unless good cause is shown.
An award for expenses under this subdivision may be made only if the claimant is relocating to protect the claimant's physical safety or emotional or financial well-being as a result of the crime and, unless good cause is shown, is relocating within 1 year of the date the crime occurred, or of the date the claimant is threatened by a change in circumstance or by an indicator of danger.
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MCL 18.361(2)(c)(i)MI-COV-6
Relocation can include the first month of rent, a security deposit, and the cost of starting utilities at the new home.
(i) The first month of rent, a security deposit, and the costs to start utilities in the dwelling unit to which the claimant relocates.
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MCL 18.361(2)(c)MI-CAP-6
An award for expenses under this subdivision may not exceed $3,800.00 per claimant.
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Temporary housing
Show the law for this line: MCL 18.361(2)(c)(iii)
MCL 18.361(2)(c)(iii)MI-COV-5
As part of relocation, temporary lodging is covered for up to 30 days.
(iii) Costs for temporary lodging for not more than 30 days.
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Child care
Show the law for this line: MCL 18.361(2)(d)
MCL 18.361(2)(d)MI-COV-8
Replacement services such as child care and homemaking are covered when the survivor cannot do them because of the injury or while attending victim services.
(d) Replacement services for homemaking tasks, child care, and other services previously performed by an individual listed in section 4(1)(a), (b), (e), or (f), that, because of the victim's injury, or the claimant's attendance at a victim services organization to receive services related to the crime, must temporarily or permanently be performed by another person.
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Clothing and bedding
- Clothing or bedding held as evidence can be replaced up to $250.
Show the law for this line: MCL 18.361(2)(j)
MCL 18.361(2)(j)MI-CAP-10
(j) Replacement costs of not more than $250.00 for clothing or bedding of an individual listed in section 4(1)(a), (b), (e), or (f), that is held as evidence of a crime.
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Crime scene cleanup
- Crime scene cleanup at a home or vehicle is covered up to $5,000 per crime scene.
Show the law for this line: MCL 18.361(2)(i)
MCL 18.361(2)(i)MI-CAP-11
the crime scene cleanup services resulting from a crime for that residence or vehicle after crime scene cleanup is permitted by the investigating law enforcement agency, in an amount not to exceed $5,000.00 per crime scene.
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Eyeglasses, hearing aids, dentures, prosthetic or other prescription devices
Show the law for this line: MDHHS What Costs May Be Covered, Costs that May Be Covered
MDHHS What Costs May Be Covered, Costs that May Be CoveredMI-COV-10
Eyeglasses, hearing aids, dentures, and other prescription devices are covered if damaged during or needed because of the crime.
Eyeglasses, hearing aids, dentures, prosthetic devices, or other prescription devices, if damaged during or needed because of the crime.
What it does not pay for
Damage to or loss of some personal property or a vehicle, such as a purse or cell phone, is not covered.
Show the law for this line: MDHHS What Costs May Be Covered, Costs that are NOT Covered
MDHHS What Costs May Be Covered, Costs that are NOT CoveredMI-EXCL-1
Damage, repair or loss to some personal property or vehicle, such as a purse or cell phone.
Pain, suffering, or emotional distress damages are not covered.
Show the law for this line: MDHHS What Costs May Be Covered, Costs that are NOT Covered
MDHHS What Costs May Be Covered, Costs that are NOT CoveredMI-EXCL-2
Pain, suffering, or emotional distress damages.
Costs of taking part in a trial are not covered.
Show the law for this line: MDHHS What Costs May Be Covered, Costs that are NOT Covered
MDHHS What Costs May Be Covered, Costs that are NOT CoveredMI-EXCL-3
Costs of participating in a trial.
Expenses already paid by insurance or other sources are not covered.
Show the law for this line: MDHHS What Costs May Be Covered, Costs that are NOT Covered
MDHHS What Costs May Be Covered, Costs that are NOT CoveredMI-EXCL-4
Expenses paid by other sources (public or private health insurance, life insurance, disability insurance, workers compensation, auto insurance, etc.).
The forensic exam
You should not get a bill for a sexual assault forensic exam.
Show the law for this line: MCL 18.355a(2)and 1 more
MCL 18.355a(2)MI-EXAM-1
A health care provider may not bill a sexual assault survivor for any part of a forensic exam, including insurance deductibles, co-pays, or a denied insurance claim.
A health care provider shall not submit a bill for any portion of the costs of a sexual assault medical forensic examination to the victim of the sexual assault, including any insurance deductible or co-pay, denial of claim by an insurer, or any other out-of-pocket expense.
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MCL 18.355a(3)(a)MI-EXAM-2
The provider must tell the survivor, orally and in writing, that the exam will not be billed to their insurance without their express written consent, and they may decline for privacy or safety reasons.
Advise the victim, orally and in writing, that a claim shall not be submitted to his or her insurance carrier without his or her express written consent, and that he or she may decline to consent if he or she believes that submitting a claim to the insurance carrier would substantially interfere with his or her personal privacy or safety.
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The provider can bill your insurance for it only if you agree.
Show the law for this line: MCL 18.355a(2)and 1 more
MCL 18.355a(2)MI-EXAM-1
A health care provider may not bill a sexual assault survivor for any part of a forensic exam, including insurance deductibles, co-pays, or a denied insurance claim.
A health care provider shall not submit a bill for any portion of the costs of a sexual assault medical forensic examination to the victim of the sexual assault, including any insurance deductible or co-pay, denial of claim by an insurer, or any other out-of-pocket expense.
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MCL 18.355a(3)(a)MI-EXAM-2
The provider must tell the survivor, orally and in writing, that the exam will not be billed to their insurance without their express written consent, and they may decline for privacy or safety reasons.
Advise the victim, orally and in writing, that a claim shall not be submitted to his or her insurance carrier without his or her express written consent, and that he or she may decline to consent if he or she believes that submitting a claim to the insurance carrier would substantially interfere with his or her personal privacy or safety.
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The Crime Victim Services Commission pays the provider up to $1,200 for a sexual assault forensic exam.
Show the law for this line: MCL 18.355a(7)
MCL 18.355a(7)MI-EXAM-3
The commission shall pay a health care provider not more than $1,200.00 for the cost of performing a sexual assault medical forensic examination
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If billing insurance would threaten the survivor's privacy or safety, the provider can bill SAFE Response for the exam instead.
Show the law for this line: MDHHS SAFE Response page
MDHHS SAFE Response pageMI-EXAM-4
If a victim believes submitting a claim to their insurance carrier would substantially interfere with his or her personal privacy or safety, the doctor or nurse can bill SAFE Response for the forensic examination.
If the victim's insurance does not pay or is not available, the provider can seek payment from the commission or another entity, but never from the victim.
Show the law for this line: MCL 18.355a(4)
MCL 18.355a(4)MI-EXAM-5
A health care provider may seek payment from 1 or both of the following if reimbursement cannot be obtained from the victim's insurance or insurance is unavailable: (a) The commission under this section. (b) From another entity other than the victim.
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Police report
The program asks for a police report. The rules below say when other records can count instead, like a forensic exam.
Show the law for this line: MCL 18.355a(10)and 2 more
MCL 18.355a(10)MI-REPORT-1
For sexual assault, having a sexual assault forensic exam satisfies the prompt police-reporting and cooperation requirements for compensation.
For payments authorized under this section or for payments made to victims under section 6, administration to the victim of a sexual assault medical forensic examination satisfies the requirements for prompt law enforcement reporting and victim cooperation under sections 6 and 10.
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MCL 18.360(c)MI-REPORT-2
In general, police records must show the crime was reported to the proper authorities.
(c) Police records show that the crime was reported to the proper authorities.
Read this sentence on legislature.mi.gov (opens in a new tab)
MDHHS Do I Qualify?, Eligibility RequirementsMI-REPORT-3
The program says a sexual assault forensic exam may be used in place of a police report.
The crime must be reported to law enforcement (waivers may apply). If the crime was a sexual assault, then a sexual assault forensic exam may be used in lieu of reporting to police.
For sexual assault, having a sexual assault forensic exam satisfies the prompt police-reporting and cooperation requirements for compensation.
Show the law for this line: MCL 18.355a(10)
MCL 18.355a(10)MI-REPORT-1
For payments authorized under this section or for payments made to victims under section 6, administration to the victim of a sexual assault medical forensic examination satisfies the requirements for prompt law enforcement reporting and victim cooperation under sections 6 and 10.
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In general, police records must show the crime was reported to the proper authorities.
Show the law for this line: MCL 18.360(c)
MCL 18.360(c)MI-REPORT-2
(c) Police records show that the crime was reported to the proper authorities.
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The program says a sexual assault forensic exam may be used in place of a police report.
Show the law for this line: MDHHS Do I Qualify?, Eligibility Requirements
MDHHS Do I Qualify?, Eligibility RequirementsMI-REPORT-3
The crime must be reported to law enforcement (waivers may apply). If the crime was a sexual assault, then a sexual assault forensic exam may be used in lieu of reporting to police.
Deadline to apply
Apply within 5 years of the date it happened.
Show the law for this line: MCL 18.355(2)
MCL 18.355(2)MI-FILE-1
A claim must be filed within 5 years after the crime.
a claim must be filed by the claimant not later than 5 years after the occurrence of the crime upon which the claim is based
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For criminal sexual conduct (first through third degree) where police records show the victim was under 18, a claim may be filed within 5 years after the crime was reported, if reported before age 28 or later with good cause for the delay.
Show the law for this line: MCL 18.355(2)(a)
MCL 18.355(2)(a)MI-FILE-2
a claim based on the crime of criminal sexual conduct in the first, second, or third degree may be filed by a claimant not later than 5 years after the crime was reported: (i) Police records show the victim of the crime was less than 18 years of age at the time of the occurrence and the victim reported the crime before attaining 28 years of age. (ii) Police records show the victim of the crime was less than 18 years of age at the time of the occurrence, the victim reported the crime after attaining 28 years of age, and the claimant shows that there was good cause for the delay in reporting the crime.
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The commission may extend the filing deadline for good cause if the claimant asks.
Show the law for this line: MCL 18.355(3)
MCL 18.355(3)MI-FILE-3
Upon petition by the claimant and for good cause shown, the commission may extend the period in which a claim may be filed under subsection (2).
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Keeping your name and address private
Michigan's Address Confidentiality Program, run by the Department of Attorney General, gives victims of sexual assault, domestic violence, stalking, and human trafficking a designated substitute address to use instead of their real one on public records, plus free mail forwarding. Applicants must be planning to move and must apply with a certified application assistant or victim advocate.
Show the law for this line: ACP Applicants page, program description
ACP Applicants page, program descriptionMI-ACP-1
The Program (ACP) was created to conceal the addresses of victims of stalking, domestic violence, sexual assault, human trafficking, and of individuals at risk of being threatened or physically harmed from being located by their perpetrators through public records. ACP provides victims with a designated (substitute) address that can be used instead of their real address.
A claimant's file and testimony before the Crime Victim Services Commission are exempt from disclosure under Michigan's Freedom of Information Act, and records the commission obtains that other laws keep confidential stay confidential.
Show the law for this line: MCL 18.363
MCL 18.363MI-RECCONF-1
The record of a proceeding before the commission is a public record, except that a claimant's file and his or her testimony before the commission is exempt from disclosure under the freedom of information act
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How to apply
Email MDHHS-MichiganCrimeVictim@Michigan.gov
Show the law for this line: Applying for Compensation, How do I apply?
Applying for Compensation, How do I apply?MI-SUBMIT-1
Email the completed application to the program; the program asks for electronic submission by email when possible.
Email completed applications to MDHHS-MichiganCrimeVictim@Michigan.gov or fax them to 517-335-2439.
Mail Michigan Department of Health and Human Services Division of Victim Services Crime Victim Services Commission Grand Tower, Suite 1113 235 South Grand Avenue, PO Box 30037 Lansing MI 48909
Show the law for this line: Applying for Compensation, How do I apply?
Applying for Compensation, How do I apply?MI-SUBMIT-3
The application can still be mailed to the Crime Victim Services Commission at PO Box 30037 in Lansing.
Applications can still be submitted via mail to: Michigan Department of Health and Human Services Division of Victim Services Crime Victim Services Commission Grand Tower, Suite 1113 235 South Grand Avenue, PO Box 30037 Lansing MI 48909
Fax 517-335-2439
Show the law for this line: Applying for Compensation, How do I apply?
Applying for Compensation, How do I apply?MI-SUBMIT-2
The completed application can be faxed to the program at 517-335-2439.
Email completed applications to MDHHS-MichiganCrimeVictim@Michigan.gov or fax them to 517-335-2439.
Phone 877-251-7373
Show the law for this line: MDHHS Crime Victim Compensation (program home)
MDHHS Crime Victim Compensation (program home)MI-S9
The program's own page, saved by Tend.
If you need money soon
If an award is likely and waiting would cause undue hardship, the commission may make an emergency award of up to $4,000, which is deducted from the final award.
Show the law for this line: MCL 18.359(2)
MCL 18.359(2)MI-EMERG-1
The amount of an emergency award under this section must not exceed $4,000.00 and must be deducted from the final award made to the claimant.
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Good to know before you apply
You do not need to be a Michigan resident or a legal U.S. resident to apply for a crime that happened in Michigan.
Show the law for this line: MDHHS FAQ, Do I need to be a U.S. citizen or have a Social Security Number in order to qualify?
MDHHS FAQ, Do I need to be a U.S. citizen or have a Social Security Number in order to qualify?MI-RES-1
No. You do not have to be a legal resident of the United States (or a resident of Michigan) in order to qualify for Crime Victim Compensation.
If the crime happened in another state, the survivor generally applies to that state's program.
Show the law for this line: MDHHS FAQ, What if the crime occurred on Tribal land or another state?
MDHHS FAQ, What if the crime occurred on Tribal land or another state?MI-RES-2
However, if the crime occurs in another state, then you must apply for that state’s Crime Victim Compensation program.
A Michigan resident hurt in a state that has no federally funded victim compensation program can apply to Michigan.
Show the law for this line: MCL 18.351(c)(ii)
MCL 18.351(c)(ii)MI-RES-3
to a resident of this state or that poses a reasonably perceived or actual threat of injury or death to a resident of this state within a state that does not have a victim compensation program eligible for funding from the victims of crime act of 1984
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Awards are reduced by payments from the offender, insurance, or public funds received for the injury.
Show the law for this line: MCL 18.361(7)
MCL 18.361(7)MI-COLL-1
An award must be reduced by the amount of 1 or more of the following payments received or to be received as a result of the injury:
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The program is the payer of last resort, so insurance and other public funds must be used first.
Show the law for this line: MDHHS FAQ, What is Crime Victim Compensation?
MDHHS FAQ, What is Crime Victim Compensation?MI-COLL-2
Please note that Crime Victim Compensation is the payer of last resort. This means that your private insurance or other public funds, if available, must be utilized first in order for you to be eligible for compensation.
Having insurance does not disqualify you; the program can cover copays and deductibles.
Show the law for this line: MDHHS FAQ, Do I qualify if I have insurance?
MDHHS FAQ, Do I qualify if I have insurance?MI-COLL-3
Yes, you may still qualify for Crime Victim Compensation if you have insurance. We can cover copays and deductibles.
A claim needs at least $200 in out-of-pocket loss or at least 5 days of lost earnings or support; the commission may waive this for victims of criminal sexual conduct in the first, second, or third degree.
Show the law for this line: MCL 18.354(3)
MCL 18.354(3)MI-MIN-1
An award must not be made on a claim unless the claimant has incurred an out-of-pocket loss of not less than $200.00, or has lost at least 5 days' earnings or support, but the commission may waive the limitations of this subsection if a claimant is retired by reason of age or disability. If the claimant is a victim of criminal sexual conduct in the first, second, or third degree, the commission may waive the limitations of this subsection.
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If you're Jane Doe in Michigan: you can ask for up to $45,000, and a forensic exam can count instead of a police report.
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