Law garden / Montana
If you're Jane Doe in Montana
What Montana's crime victim compensation law says, in plain words. Each line links to the exact sentence it comes from.
Crime Victim Compensation Program (CVC), run by Montana Department of Justice, Office of Victim Services.
Show the law for this line: Montana DOJ Office of Victim Services: Crime Victim Compensation
Montana DOJ Office of Victim Services: Crime Victim CompensationMT-S1
The program's own page, saved by Tend.
- $25,000the most you can ask for in totalMontana DOJ, Crime Victim Compensation page, Eligible Benefits
- 1 yearto apply, from the date it happenedMCA 53-9-125(1)
- Police reportthe program asks for oneMCA 53-9-125(3)
- $0what a forensic exam should cost youMCA 46-15-406(2)
What the program can pay for
The most the program can pay for all costs together is $25,000.
Show the law for this line: Montana DOJ, Crime Victim Compensation page, Eligible Benefits
Montana DOJ, Crime Victim Compensation page, Eligible BenefitsMT-CAP-1
Crime Victim Compensation can pay up to $25,000 in benefits.
The CVC can pay up to $25,000 in benefits.
Medical care
Show the law for this line: MCA 53-9-128(2)
MCA 53-9-128(2)MT-COV-1
Reasonable doctor, hospital, and medicine costs for crime injuries are covered.
The claimant is entitled to be reimbursed for reasonable services by a physician or surgeon, reasonable hospital services and medicines, and other treatment approved by the office for the injuries suffered due to criminally injurious conduct.
Counseling
Show the law for this line: Montana DOJ, Crime Victim Compensation page, Mental Health Costs
Montana DOJ, Crime Victim Compensation page, Mental Health CostsMT-COV-2
Mental health counseling is covered for the victim and for eligible family members.
Mental health counseling benefits are available for primary and secondary victims
Prescriptions
Show the law for this line: Montana DOJ, Crime Victim Compensation page, Medical Costs
Montana DOJ, Crime Victim Compensation page, Medical CostsMT-COV-3
The program's list of medical costs includes prescription drugs, ambulance charges, and dental treatment.
Prescription drugs Ambulance charges Dental treatment
Dental care
Show the law for this line: Montana DOJ, Crime Victim Compensation page, Medical Costs
Montana DOJ, Crime Victim Compensation page, Medical CostsMT-COV-4
Dental treatment is listed as a covered medical cost.
Prescription drugs Ambulance charges Dental treatment
Lost pay
Show the law for this line: MCA 53-9-128(1)
MCA 53-9-128(1)MT-COV-5
Lost wages are paid weekly when the injury causes a total loss of wages. The statute sets the weekly rate as a share of the victim's wages, capped at half the state's average weekly wage.
A claimant is entitled to weekly compensation benefits when the claimant has a total actual loss of wages due to injury as a result of criminally injurious conduct.
Funeral costs
- Funeral and burial expenses are capped at $10,000, after other sources pay.
Show the law for this line: MCA 53-9-128(4)
MCA 53-9-128(4)MT-CAP-3
Reasonable funeral and burial expenses of the victim, not exceeding $10,000, must be paid if all other collateral sources have properly paid expenses but have not covered all expenses.
What it does not pay for
The program does not pay for stolen, damaged, or destroyed property (for example a phone). It may still pay for items such as eyeglasses, hearing aids, crutches, braces, and prosthetic devices.
Show the law for this line: Montana DOJ, CVC FAQ
Montana DOJ, CVC FAQMT-EXC-1
No, the CVC program cannot pay for stolen, damaged, or destroyed property. CVC may pay for items such as eyeglasses, hearing aids, crutches, braces, and prosthetic devices.
Clothing is listed as an ineligible non-medical expense.
Show the law for this line: Montana DOJ, Crime Victim Compensation page, Ineligible Benefits
Montana DOJ, Crime Victim Compensation page, Ineligible BenefitsMT-EXC-2
Non-medical expenses, like clothing, motels , travel expenses, or legal fees
Motels are listed as an ineligible non-medical expense.
Show the law for this line: Montana DOJ, Crime Victim Compensation page, Ineligible Benefits
Montana DOJ, Crime Victim Compensation page, Ineligible BenefitsMT-EXC-3
Non-medical expenses, like clothing, motels , travel expenses, or legal fees
Travel expenses are listed as ineligible. The statute does allow mileage for a parent or guardian of a minor sexual offense victim (listed separately as a covered transportation expense).
Show the law for this line: Montana DOJ, Crime Victim Compensation page, Ineligible Benefits
Montana DOJ, Crime Victim Compensation page, Ineligible BenefitsMT-EXC-4
Non-medical expenses, like clothing, motels , travel expenses, or legal fees
Legal fees are listed as an ineligible non-medical expense.
Show the law for this line: Montana DOJ, Crime Victim Compensation page, Ineligible Benefits
Montana DOJ, Crime Victim Compensation page, Ineligible BenefitsMT-EXC-5
Non-medical expenses, like clothing, motels , travel expenses, or legal fees
No payment for pain and suffering, inconvenience, physical impairment, or nonbodily damage.
Show the law for this line: MCA 53-9-128(6)
MCA 53-9-128(6)MT-EXC-6
Compensation benefits are not payable for pain and suffering, inconvenience, physical impairment, or nonbodily damage.
Lost wages are paid only for physical injury; missed work due to mental impairment is not covered.
Show the law for this line: Montana DOJ, Crime Victim Compensation page, Wage Loss
Montana DOJ, Crime Victim Compensation page, Wage LossMT-EXC-7
CVC does not cover missed work due to mental impairment.
In-patient psychiatric care and chemical dependency counseling are listed as ineligible.
Show the law for this line: Montana DOJ, Crime Victim Compensation page, Ineligible Benefits
Montana DOJ, Crime Victim Compensation page, Ineligible BenefitsMT-EXC-8
In-patient psychiatric care or chemical dependency counseling
The forensic exam
You should not get a bill for a sexual assault forensic exam.
Show the law for this line: MCA 46-15-406(2)and 1 more
MCA 46-15-406(2)MT-EXAM-1
Montana law lists it as a survivor's right not to be billed for the sexual assault forensic exam or the evidence kit collection. The statute does not say whether the survivor's insurance may be billed.
a victim may not be billed for the cost of administering the sexual assault medical forensic examination or collecting evidence for the sexual assault evidence kit
Montana DOJ, FREPP pageMT-EXAM-2
When the state exam fund (FREPP) pays, the provider must take that as payment in full and cannot bill the survivor for the rest. Treatment of physical injuries from the assault is not part of the exam payment and may still be billed to the survivor (Crime Victim Compensation may cover it as a medical cost).
A healthcare provider must accept FREPP’s reimbursement rate as payment in full for covered services and may not submit any remaining balance to the survivor or commence civil actions against the survivor to recover the balance. Treatment of any physical injuries that may have occurred at the time of the sexual assault may still be billed to the survivor.
The local law enforcement agency pays for the exam when it directed the exam or uses the evidence.
Show the law for this line: MCA 46-15-411(1)
MCA 46-15-411(1)MT-EXAM-3
The local law enforcement agency within whose jurisdiction an alleged incident of sexual intercourse without consent, sexual assault, or incest occurs shall pay for the sexual assault medical forensic examination of a victim of the alleged offense when the examination is directed by the agency or when evidence obtained by the examination is used for the investigation, prosecution, or resolution of an offense.
Otherwise the Montana Department of Justice pays for the exam, as long as appropriated funds are available. This is how exams are paid when the survivor does not report to police.
Show the law for this line: MCA 46-15-411(2)(a)
MCA 46-15-411(2)(a)MT-EXAM-4
The department of justice shall, as long as funds are available from an appropriation made for this purpose, pay for the sexual assault medical forensic examination of a victim of an alleged incident of sexual intercourse without consent, sexual assault, or incest if the cost is not the responsibility of a local law enforcement agency under subsection (1).
If the assault is not reported to police, the exam is paid by FREPP at the Montana Department of Justice, so a survivor can get an exam without reporting.
Show the law for this line: Montana DOJ, FREPP page
Montana DOJ, FREPP pageMT-EXAM-5
For cases that are not reported to law enforcement, the cost is paid by FREPP at the Montana Department of Justice.
FREPP pays providers up to $600 per exam, and only for exams done with a sexual assault evidence kit. The $600 is a limit on what the provider is paid; the provider cannot bill the survivor for the balance.
Show the law for this line: Montana DOJ, FREPP page
Montana DOJ, FREPP pageMT-EXAM-6
Exams administered without using a kit are not eligible. FREPP pays for the cost of a sexual assault exam up to a maximum of $600.
Police report
The program asks that the crime be reported to police.
Show the law for this line: MCA 53-9-125(3)
MCA 53-9-125(3)MT-REP-1
A report to a law enforcement officer is required, made within 72 hours, unless the office finds good cause for the delay or the case is a sexual offense against a minor. Good cause factors in the administrative rules include the reasonableness of the delay and physical or mental incapacity. The statute lists no alternative to a police report for adult survivors. The forensic exam itself does not require a report.
Compensation may not be awarded unless the criminally injurious conduct resulting in injury or death was reported to a law enforcement officer. The report must be made within 72 hours after its occurrence, except in a case involving a sexual offense against a minor or when the office finds there was good cause for the failure to report within that time.
A report to a law enforcement officer is required, made within 72 hours, unless the office finds good cause for the delay or the case is a sexual offense against a minor. Good cause factors in the administrative rules include the reasonableness of the delay and physical or mental incapacity. The statute lists no alternative to a police report for adult survivors. The forensic exam itself does not require a report.
Show the law for this line: MCA 53-9-125(3)
MCA 53-9-125(3)MT-REP-1
Compensation may not be awarded unless the criminally injurious conduct resulting in injury or death was reported to a law enforcement officer. The report must be made within 72 hours after its occurrence, except in a case involving a sexual offense against a minor or when the office finds there was good cause for the failure to report within that time.
Deadline to apply
Apply within 1 year of the date it happened.
Show the law for this line: MCA 53-9-125(1)
MCA 53-9-125(1)MT-DEAD-1
File within 1 year of the crime. The office can extend this for good cause.
compensation may not be awarded unless the claim is filed with the office within 1 year after the day the criminally injurious conduct occurred causing the injury or death upon which the claim is based.
For sexual offenses against minors, the deadline is 1 year after the report to police or child welfare, or 1 year after the victim turns 18, whichever is later.
Show the law for this line: MCA 53-9-125(1)
MCA 53-9-125(1)MT-DEAD-2
Compensation in cases involving sexual offenses against minors may not be awarded unless the claim is filed with the office within 1 year after the day the criminally injurious conduct was reported to a law enforcement agency or an agency of the state responsible for provision of child welfare services, or within 1 year after the day the victim reaches 18 years of age, whichever occurs last.
Keeping your name and address private
Montana's Address Confidentiality Program, run by the DOJ Office of Victim Services, gives Montana residents who are victims of sexual assault, partner or family member assault, stalking, or human trafficking a substitute address and free confidential first-class mail forwarding. Survivors apply online or by mailing, emailing, or faxing the application with supporting documents, and a crime victim advocate can help.
Show the law for this line: Address Confidentiality Program page, eligibility list
Address Confidentiality Program page, eligibility listMT-ACP-1
Be a victim of partner or family member assault, sexual assault, stalking, human trafficking, or eligible to apply for an order of protection.
The compensation office's records are generally open to public inspection, but personal, medical, or similar information is exempt from disclosure when releasing it would be an unreasonable invasion of privacy, and confidential criminal justice information stays protected under the Montana Criminal Justice Information Act.
Show the law for this line: MCA 53-9-107(3)(a)
MCA 53-9-107(3)(a)MT-CONF-1
the following public records of the office are exempt from disclosure: (a) information of a personal nature, such as personal, medical, or similar information, if the public disclosure of the information would constitute an unreasonable invasion of privacy
How to apply
Mail Crime Victim Compensation Program P.O. Box 201410 Helena, MT 59620-1410
Show the law for this line: Request a Claim Form, How to Request a Claim Form
Request a Claim Form, How to Request a Claim FormMT-SUB-1
Mail the signed and dated claim form to the Crime Victim Compensation Program, P.O. Box 201410, Helena, MT 59620-1410.
Crime Victim Compensation Program P.O. Box 201410 Helena, MT 59620-1410 Please note: Be sure your claim form is signed and dated before you mail to the CVC program.
Phone 406-444-3653
Show the law for this line: Montana DOJ Office of Victim Services: Crime Victim Compensation
Montana DOJ Office of Victim Services: Crime Victim CompensationMT-S1
The program's own page, saved by Tend.
If you need money soon
A tentative award can be paid early when the claimant faces financial hardship and a final award looks likely. No set amount.
Show the law for this line: MCA 53-9-126
MCA 53-9-126MT-EMER-1
If the office 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 or repaid by and recoverable from the claimant to the extent that it exceeds the final award.
Good to know before you apply
Anyone hurt by a crime in Montana can apply, including non-residents. Montana residents hurt elsewhere can apply only if that state or country's program does not cover non-residents.
Show the law for this line: Montana DOJ, Request a Claim Form page
Montana DOJ, Request a Claim Form pageMT-RES-1
Benefits may be awarded to: Non-residents injured in Montana. Montana residents injured in a state or country in which the victim compensation program does not compensate non-residents.
The program pays after insurance and other sources; payments are reduced by what those sources pay or could pay.
Show the law for this line: MCA 53-9-125(5)
MCA 53-9-125(5)MT-COL-1
Compensation otherwise payable to a claimant must be reduced or denied to the extent the compensation benefits payable are or can be recouped from collateral sources.
The program is the payer of last resort, but it can pay deductibles and co-pays.
Show the law for this line: Montana DOJ, Crime Victim Compensation page, Insurance and Collateral Sources
Montana DOJ, Crime Victim Compensation page, Insurance and Collateral SourcesMT-COL-2
CVC is a payor of last resort. If you are covered by any kind of private or government benefit program, you must submit your expenses to that collateral source before you submit them to the CVC program. CVC benefits can be paid for your out-of-pocket expenses, including any required deductible or co-payment.
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If you're Jane Doe in Montana: you can ask for up to $25,000, and you should never get a bill for a forensic exam.
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