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Law garden / Mississippi

If you're Jane Doe in Mississippi

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

Mississippi Crime Victim Compensation Program, run by Office of the Mississippi Attorney General, Bureau of Victim Assistance, Crime Victim Compensation Division.

Program phone800-829-6766
Show the law for this line: Mississippi Attorney General: Bureau of Victim Assistance (Victim Compensation and Sexual Assault Examinations)

Mississippi Attorney General: Bureau of Victim Assistance (Victim Compensation and Sexual Assault Examinations)MS-S1

The program's own page, saved by Tend.

What the program can pay for

  • The most the program can pay for all costs together is $20,000.

    Show the law for this line: Miss. Code Ann. 99-41-23(4)

    Miss. Code Ann. 99-41-23(4)MS-CAP-1

    All compensation for one victim and everyone claiming because of that victim is capped at $20,000 in total.

    Compensation payable to a victim and to all other claimants sustaining economic loss because of injury to or death of that victim may not exceed Twenty Thousand Dollars ($20,000.00) in the aggregate.

  • Medical care

    • Medical care, rehabilitation and other treatment is capped at $15,000.
    Show the law for this line: 3 Miss. Admin. Code Pt. 1, R. 300(2)(a)and 1 more

    3 Miss. Admin. Code Pt. 1, R. 300(2)(a)MS-COV-MED

    Reasonable, medically necessary medical care and rehabilitation are covered.

    Medical – reasonable charges incurred for reasonably needed and medically necessary products, services and accommodations

    Miss. Code Ann. 99-41-5(a)(i)MS-CAP-MED

    medical care, rehabilitation, rehabilitative occupational training and other remedial treatment and care, but not to exceed Fifteen Thousand Dollars ($15,000.00)

  • Counseling

    • Mental health counseling for the victim and family members is capped at $3,500.
    Show the law for this line: 3 Miss. Admin. Code Pt. 1, R. 300(2)(b)and 1 more

    3 Miss. Admin. Code Pt. 1, R. 300(2)(b)MS-COV-COUNS

    Mental health counseling for the victim and family members is covered.

    Mental Health Services – reasonable charges incurred for reasonably needed mental health counseling and care for the victim/claimant and the victim’s/claimant’s family members.

    Miss. Code Ann. 99-41-5(a)(ii)MS-CAP-COUNS

    Mental health counseling and care not to exceed Three Thousand Five Hundred Dollars ($3,500.00) for the victim and victim’s family member

  • Prescriptions

    Show the law for this line: 3 Miss. Admin. Code Pt. 1, R. 301(1)

    3 Miss. Admin. Code Pt. 1, R. 301(1)MS-COV-RX

    Prescriptions are among the medical expenses the program covers.

    Some examples of medical expenses include, but are not limited to, hospital, physicians, prescriptions, ambulance

  • Dental care

    Show the law for this line: 3 Miss. Admin. Code Pt. 1, R. 301(3)

    3 Miss. Admin. Code Pt. 1, R. 301(3)MS-COV-DENTAL

    Dental care is covered when it treats a crime injury.

    dental care and services may be eligible if treatment is directly related to the crime injury.

  • Lost pay

    • Lost wages are paid up to $600 per week for at most 52 weeks.
    Show the law for this line: 3 Miss. Admin. Code Pt. 1, R. 303(1)(a)and 1 more

    3 Miss. Admin. Code Pt. 1, R. 303(1)(a)MS-COV-WAGES

    Wages lost while recovering from physical injuries or psychological trauma are covered.

    Lost wages may be eligible for work missed by the victim during recovery for physical injuries and/or psychological trauma

    Miss. Code Ann. 99-41-23(1)MS-CAP-WAGES

    Compensation for work loss may not exceed Six Hundred Dollars ($600.00) per week, not to exceed fifty-two (52) weeks

  • Home security

    • Repairing or replacing exterior windows, doors, locks or security devices of a home is capped at $1,000.
    Show the law for this line: 3 Miss. Admin. Code Pt. 1, R. 300(2)(l)and 1 more

    3 Miss. Admin. Code Pt. 1, R. 300(2)(l)MS-COV-SECURITY

    Repairing or replacing broken exterior windows, doors, locks or security devices of the victim's home is covered.

    Repair and/or Replacement Costs – reasonable costs for victim/claimant to repair and/or replace exterior broken windows, doors, locks or other security devices of a residential dwelling

    3 Miss. Admin. Code Pt. 1, R. 310(7)MS-CAP-SECURITY

    Compensation for repair and/or replacement costs may not exceed One Thousand Dollars ($1,000.00).

  • Moving

    • Relocation assistance is capped at $2,000 and is only for domestic violence victims in imminent danger.
    Show the law for this line: 3 Miss. Admin. Code Pt. 1, R. 300(2)(i)and 1 more

    3 Miss. Admin. Code Pt. 1, R. 300(2)(i)MS-COV-RELOC

    Relocation costs are covered for domestic violence victims in imminent danger.

    Relocation Assistance – reasonable relocation costs for domestic violence victims in imminent danger.

    3 Miss. Admin. Code Pt. 1, R. 307(13)(b)MS-CAP-RELOC

    Compensation for relocation assistance may not exceed Two Thousand Dollars ($2,000.00).

  • Temporary housing

    • Temporary housing assistance is capped at $500 and is only for domestic violence victims in imminent danger.
    Show the law for this line: 3 Miss. Admin. Code Pt. 1, R. 300(2)(h)and 1 more

    3 Miss. Admin. Code Pt. 1, R. 300(2)(h)MS-COV-HOUSING

    Temporary housing is covered for domestic violence victims in imminent danger.

    Temporary Housing – reasonable costs for temporary housing for domestic violence victims in imminent danger.

    3 Miss. Admin. Code Pt. 1, R. 306(11)(a)MS-CAP-HOUSING

    Compensation for temporary housing assistance may not exceed Five Hundred Dollars ($500.00).

  • Crime scene cleanup

    • Crime scene cleanup is capped at $1,000.
    Show the law for this line: 3 Miss. Admin. Code Pt. 1, R. 300(2)(j)and 1 more

    3 Miss. Admin. Code Pt. 1, R. 300(2)(j)MS-COV-CLEAN

    Cleaning the scene after a homicide or assault is covered.

    Crime Scene Cleanup – reasonable and necessary cost of cleaning the crime scene after a homicide or assault.

    3 Miss. Admin. Code Pt. 1, R. 308(7)(e)MS-CAP-CLEAN

    Compensation for crime scene cleanup may not exceed One Thousand Dollars ($1,000.00).

  • School costs

    • Tuition loss is capped at $2,000.
    Show the law for this line: 3 Miss. Admin. Code Pt. 1, R. 300(2)(n)and 1 more

    3 Miss. Admin. Code Pt. 1, R. 300(2)(n)MS-COV-TUITION

    Tuition that is lost because the victim's death or crime-caused disability kept the student from finishing the term is covered.

    Tuition Loss – Tuition reimbursement for a victim/claimant enrolled as a student at a school, college or university who, due to the victim’s death or disability caused by a violent crime, was unable to complete the semester or term.

    3 Miss. Admin. Code Pt. 1, R. 312(5)(e)MS-CAP-TUITION

    Compensation for tuition loss may not exceed Two Thousand Dollars ($2,000.00).

  • Funeral costs

    • Funeral, cremation or burial expenses are capped at $6,500 in total.
    Show the law for this line: Miss. Code Ann. 99-41-5(a)(iii)

    Miss. Code Ann. 99-41-5(a)(iii)MS-CAP-FUNERAL

    Expenses related to funeral, cremation or burial, but not to exceed a total charge of Six Thousand Five Hundred Dollars ($6,500.00)

What it does not pay for

  • Damaged or stolen property is not reimbursed. Medical items such as eyeglasses, hearing aids, dentures or prosthetics destroyed in the crime are handled separately as a medical expense.

    Show the law for this line: 3 Miss. Admin. Code Pt. 1, R. 314(1)

    3 Miss. Admin. Code Pt. 1, R. 314(1)MS-EXCL-PROP

    Ineligible expenses include, but are not limited to, damaged or stolen property, pain and suffering, expenses not directly related to the crime injuries, attorney’s fees

  • Attorney's fees are not reimbursed.

    Show the law for this line: 3 Miss. Admin. Code Pt. 1, R. 314(1)

    3 Miss. Admin. Code Pt. 1, R. 314(1)MS-EXCL-LEGAL

    Ineligible expenses include, but are not limited to, damaged or stolen property, pain and suffering, expenses not directly related to the crime injuries, attorney’s fees

  • Pain and suffering is not compensated.

    Show the law for this line: 3 Miss. Admin. Code Pt. 1, R. 314(1)

    3 Miss. Admin. Code Pt. 1, R. 314(1)MS-EXCL-PAIN

    Ineligible expenses include, but are not limited to, damaged or stolen property, pain and suffering, expenses not directly related to the crime injuries, attorney’s fees

The forensic exam

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

    Show the law for this line: Miss. Code Ann. 99-37-25(1)(a)and 1 more

    Miss. Code Ann. 99-37-25(1)(a)MS-EXAM-1

    The bill for a sexual assault forensic exam goes to the state, and the survivor may not be billed or held responsible for it.

    No bill for the examination will be submitted to the victim, nor shall the medical facility hold the victim responsible for payment.

    3 Miss. Admin. Code Pt. 1, R. 602(3)MS-EXAM-2

    The state's exam payment rules say the survivor's private insurance should not be billed for the forensic exam.

    The victim’s private insurance should not be billed for the cost of the sexual assault medical forensic examination.

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

    Show the law for this line: 3 Miss. Admin. Code Pt. 1, R. 602(3)

    3 Miss. Admin. Code Pt. 1, R. 602(3)MS-EXAM-2

    The state's exam payment rules say the survivor's private insurance should not be billed for the forensic exam.

    The victim’s private insurance should not be billed for the cost of the sexual assault medical forensic examination.

  • The Attorney General's Division of Victim Compensation pays for the forensic exam directly to the provider.

    Show the law for this line: Miss. Code Ann. 99-37-25(1)(a)

    Miss. Code Ann. 99-37-25(1)(a)MS-EXAM-3

    The Division of Victim Compensation shall pay for the medical examination conducted for the procurement of evidence to aid in the investigation and prosecution of the alleged offense.

  • What the Attorney General pays the provider for the exam counts as payment in full.

    Show the law for this line: 3 Miss. Admin. Code Pt. 1, R. 604(5)

    3 Miss. Admin. Code Pt. 1, R. 604(5)MS-EXAM-4

    Payment made to the provider by the Office of the Attorney General, Victim Compensation Division for the sexual assault medical forensic examination shall be considered by the provider as payment in full.

Police report

  • The program asks that the crime be reported to police.

    Show the law for this line: Miss. Code Ann. 99-41-17(1)(e)and 1 more

    Miss. Code Ann. 99-41-17(1)(e)MS-REPORT-1

    For compensation, the crime must be reported to law enforcement within 72 hours, unless there was good cause for not reporting in that time.

    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 unless it is found that there was good cause for the failure to report within such time

    3 Miss. Admin. Code Pt. 1, R. 202(4)(c)MS-REPORT-2

    Good cause for a late report can include the victim's psychological state or compelling health or safety reasons.

    The psychological state and any compelling health or safety reasons that would jeopardize the well-being of the victim/claimant.

  • For compensation, the crime must be reported to law enforcement within 72 hours, unless there was good cause for not reporting in that time.

    Show the law for this line: Miss. Code Ann. 99-41-17(1)(e)

    Miss. Code Ann. 99-41-17(1)(e)MS-REPORT-1

    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 unless it is found that there was good cause for the failure to report within such time

  • Good cause for a late report can include the victim's psychological state or compelling health or safety reasons.

    Show the law for this line: 3 Miss. Admin. Code Pt. 1, R. 202(4)(c)

    3 Miss. Admin. Code Pt. 1, R. 202(4)(c)MS-REPORT-2

    The psychological state and any compelling health or safety reasons that would jeopardize the well-being of the victim/claimant.

Deadline to apply

  • Apply within 3 years of the date it happened.

    Show the law for this line: Miss. Code Ann. 99-41-17(1)(b)

    Miss. Code Ann. 99-41-17(1)(b)MS-DEADLINE-1

    A claim must be filed within 36 months after the crime. For good cause the director may allow up to 12 more months.

    Unless the claim has been filed with the director within thirty-six (36) months after the crime occurred, or in cases of child sexual abuse, within thirty-six (36) months after the crime was reported to law enforcement or the Department of Child Protection Services, but in no event later than the victim’s twenty-fifth birthday. For good cause, the director may extend the time period allowed for filing a claim for an additional period not to exceed twelve (12) months

Keeping your name and address private

  • The Attorney General's Address Confidentiality Program gives Mississippi residents who are victims of domestic violence, sexual assault, or stalking a substitute address and mail forwarding to use with state and local agencies, so the person they fear cannot find them. Applicants send the program application to the Attorney General's Victim Compensation Division; the assault does not have to have happened in Mississippi.

    Show the law for this line: Miss. Admin. Code Title 3, Part 1, Chapter 07, Rules 700 and 703; statutory basis Miss. Code Ann. 99-47-1

    Miss. Admin. Code Title 3, Part 1, Chapter 07, Rules 700 and 703; statutory basis Miss. Code Ann. 99-47-1MS-ACP-1

    The Address Confidentiality Program helps victims keep their location confidential by providing them with a substitute address and a mail forwarding service for use when interacting with state and local agencies.

  • By statute, the compensation division's records, files and communications are confidential and privileged and cannot be released under the Mississippi Public Records Act of 1983, and no one may disclose information about applicants or recipients without the claimant's written consent except to run the program.

    Show the law for this line: Miss. Code Ann. 99-41-31

    Miss. Code Ann. 99-41-31MS-RECCONF-1

    The records, papers, files and communications of the division, director, staff and agents must be regarded as confidential information and privileged and not subject to disclosure under any condition including the Mississippi Public Records Act of 1983.

How to apply

If you need money soon

  • An advance award of up to $500 may be made when an award is probable and the claimant would face financial hardship without it.

    Show the law for this line: 3 Miss. Admin. Code Pt. 1, R. 403(1)-(2)

    3 Miss. Admin. Code Pt. 1, R. 403(1)-(2)MS-EMERG-1

    determines that the claim is one with respect to which an award probably will be made; and b. the claimant will suffer financial hardship unless an advance award is made. 2. The advance award may not exceed Five Hundred Dollars ($500.00).

Good to know before you apply

  • Crimes in Mississippi qualify, and Mississippi residents hurt elsewhere qualify if that state or country offers no compensation.

    Show the law for this line: Miss. Code Ann. 99-41-5(d)

    Miss. Code Ann. 99-41-5(d)MS-RES-1

    an act occurring or attempted within the geographical boundaries of this state, or to a resident of Mississippi while that resident is within any other state of the United States or any foreign country, which state or foreign country does not provide compensation for those injuries

  • The state pays for a forensic exam only when the crime occurred in Mississippi.

    Show the law for this line: 3 Miss. Admin. Code Pt. 1, R. 602(1)(a)

    3 Miss. Admin. Code Pt. 1, R. 602(1)(a)MS-RES-2

    The crime must have occurred in Mississippi.

  • Compensation is reduced by anything recovered from other sources such as insurance.

    Show the law for this line: Miss. Code Ann. 99-41-17(2)(a)

    Miss. Code Ann. 99-41-17(2)(a)MS-COLLAT-1

    Compensation otherwise payable to a claimant shall be diminished to the extent: (a) That the economic loss is recouped from other sources, including collateral sources

  • The program is the payer of last resort: insurance, Medicaid, Medicare and Workers' Compensation must pay first.

    Show the law for this line: Application, General Eligibility Guidelines

    Application, General Eligibility GuidelinesMS-COLLAT-2

    All other sources of payment such as insurance, Medicaid, Medicare and Workers' Compensation must pay first.

When you are ready

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