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Law garden / North Dakota

If you're Jane Doe in North Dakota

What North Dakota'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 North Dakota Department of Corrections and Rehabilitation, Division of Adult Services.

Program phone701-328-6195
Show the law for this line: ND DOCR Crime Victims Compensation program page

ND DOCR Crime Victims Compensation program pageND-S2

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 $25,000.

    Show the law for this line: N.D.C.C. 54-23.4-06(8)

    N.D.C.C. 54-23.4-06(8)ND-CAP-1

    The total award for one victim and all claimants together may not exceed $25,000.

    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-five thousand dollars in the aggregate.

  • Medical care

    Show the law for this line: N.D.C.C. 54-23.4-01(7)(a)

    N.D.C.C. 54-23.4-01(7)(a)ND-COV-MEDICAL

    Reasonable charges for needed medical care, rehabilitation, and other remedial treatment caused by the injury are allowable expenses.

    "Allowable expense" means reasonable charges incurred for reasonably needed products, services, and accommodations required due to the injury, including those for medical care, rehabilitation, rehabilitative occupational training, and other remedial treatment and care.

  • Counseling

    • For adult victims, mental health counseling is limited to 30 sessions and $3,600 total (sessions must fall within the treatment window set by the rule).
    • For minor victims, mental health counseling is limited to 40 sessions and $4,800 total.
    • If the provider shows a need, up to 10 more counseling sessions and up to $1,200 more may be allowed, still inside the same treatment window.
    Show the law for this line: N.D. Admin. Code 94-03-03-10(3)(a)and 3 more

    N.D. Admin. Code 94-03-03-10(3)(a)ND-COV-COUNSEL

    Mental health assessment, diagnosis, and treatment, including individual or group counseling, is covered.

    Assessment, diagnosis, and treatment, including individual or group counseling sessions.

    N.D. Admin. Code 94-03-03-10(3)(b)(1)ND-CAP-COUNSEL-ADULT

    For adult victims, no more than thirty sessions, and total compensation may not exceed three thousand six hundred dollars.

    N.D. Admin. Code 94-03-03-10(3)(b)(2)ND-CAP-COUNSEL-MINOR

    For minor victims, no more than forty sessions, and total compensation may not exceed four thousand eight hundred dollars.

    N.D. Admin. Code 94-03-03-10(3)(b)(6)ND-CAP-COUNSEL-EXTRA

    If a provider substantiates the need for additional sessions, the division may allow up to ten additional sessions and up to one thousand two hundred dollars total compensation for the additional sessions.

  • Prescriptions

    • New prescription medications are covered up to $1,000.
    Show the law for this line: N.D. Admin. Code 94-03-03-08(2)(b)

    N.D. Admin. Code 94-03-03-08(2)(b)ND-CAP-RX

    The division may not pay more than one thousand dollars for new prescription medications.

  • Dental care

    • Dental services are covered up to $5,000.
    Show the law for this line: CVC Application Tips, Section 4and 1 more

    CVC Application Tips, Section 4ND-COV-DENTAL

    Medical and dental expenses from the incident may be covered.

    Medical/Dental benefits for the Victim – If the victim has medical or dental expenses from the incident, they may be eligible for medical/dental benefits.

    N.D. Admin. Code 94-03-03-09(2)(a)ND-CAP-DENTAL

    The division may not pay more than five thousand dollars for dental services.

  • Travel

    • Reimbursement for crime-related lodging, meals, and mileage is capped at $1,000.
    Show the law for this line: N.D. Admin. Code 94-03-03-16and 1 more

    N.D. Admin. Code 94-03-03-16ND-COV-TRAVEL

    The program may reimburse meals, lodging, and travel directly related to the crime.

    The division may reimburse a claimant for meals, lodging, and travel expenses for travel directly related to the criminally injurious conduct.

    N.D. Admin. Code 94-03-03-16(2)(d)ND-CAP-TRAVEL

    The maximum reimbursement for lodging, meals, and mileage is one thousand dollars.

  • Lost pay

    • Work loss (and replacement services and dependent's losses) is paid at no more than $300 per week.
    • Work loss is capped at $300 per week and $4,800 in total.
    Show the law for this line: N.D.C.C. 54-23.4-01(7)(f)and 2 more

    N.D.C.C. 54-23.4-01(7)(f)ND-COV-WAGES

    Work loss (income the victim would have earned if not injured) is a compensable economic loss.

    "Work loss" means loss of income from work the victim would have performed if the victim had not been injured

    N.D.C.C. 54-23.4-06(7)ND-CAP-WAGES-WEEK

    Compensation for work loss, replacement services loss, dependent's economic loss, and dependent's replacement services loss may not exceed three hundred dollars per week.

    N.D. Admin. Code 94-03-03-13(2)(a)ND-CAP-WAGES-TOTAL

    Payment for work loss may not exceed more than three hundred dollars per week up to a maximum of four thousand eight hundred dollars.

  • Funeral costs

    • Funeral, cremation, and burial expenses are covered up to $5,000.
    Show the law for this line: N.D.C.C. 54-23.4-01(7)(a)

    N.D.C.C. 54-23.4-01(7)(a)ND-CAP-FUNERAL

    The term includes a total charge not in excess of five thousand dollars for expenses in any way related to funeral, cremation, and burial.

What it does not pay for

The forensic exam

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

    Show the law for this line: N.D.C.C. 12.1-34-07(1)and 1 more

    N.D.C.C. 12.1-34-07(1)ND-EXAM-1

    When an acute forensic medical exam is done for alleged criminal sexual conduct or domestic violence (within 120 hours unless good cause is shown for the delay), neither the exam nor any preliminary medical screening may be charged to the survivor, directly or through insurance or another third-party payer.

    performed within one hundred twenty hours after the alleged crime unless good cause is shown for the delay in performing the examination. When an acute forensic medical examination is performed, the costs incurred by a health care facility or health care professional for performing the acute forensic medical examination or any preliminary medical screening examination may not be charged, either directly or through a third-party payer, to the alleged victim.

    N.D.C.C. 12.1-34-07(2)ND-EXAM-CHILD

    For a child forensic exam after alleged sexual abuse, physical abuse, or neglect, neither the exam nor any preliminary medical screening may be charged to the child or the child's parent, guardian, or custodian, directly or through insurance or another third-party payer.

    When a child forensic medical examination is performed, the costs incurred by a health care facility or health care professional for performing the child forensic medical examination or any preliminary medical screening examination may not be charged, either directly or through a third-party payer, to the alleged child victim or the child's parent, guardian, or custodian.

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

    Show the law for this line: N.D.C.C. 12.1-34-07(1)and 1 more

    N.D.C.C. 12.1-34-07(1)ND-EXAM-1

    When an acute forensic medical exam is done for alleged criminal sexual conduct or domestic violence (within 120 hours unless good cause is shown for the delay), neither the exam nor any preliminary medical screening may be charged to the survivor, directly or through insurance or another third-party payer.

    performed within one hundred twenty hours after the alleged crime unless good cause is shown for the delay in performing the examination. When an acute forensic medical examination is performed, the costs incurred by a health care facility or health care professional for performing the acute forensic medical examination or any preliminary medical screening examination may not be charged, either directly or through a third-party payer, to the alleged victim.

    N.D.C.C. 12.1-34-07(2)ND-EXAM-CHILD

    For a child forensic exam after alleged sexual abuse, physical abuse, or neglect, neither the exam nor any preliminary medical screening may be charged to the child or the child's parent, guardian, or custodian, directly or through insurance or another third-party payer.

    When a child forensic medical examination is performed, the costs incurred by a health care facility or health care professional for performing the child forensic medical examination or any preliminary medical screening examination may not be charged, either directly or through a third-party payer, to the alleged child victim or the child's parent, guardian, or custodian.

  • The Attorney General reimburses the hospital or provider for the reasonable cost of the medical screening and acute forensic exam, within the limits of legislative appropriations.

    Show the law for this line: N.D.C.C. 12.1-34-07(3)

    N.D.C.C. 12.1-34-07(3)ND-EXAM-2

    Upon submission of appropriate documentation, the attorney general, within the limits of legislative appropriations, shall reimburse from the general fund the health care facility or a health care professional for the reasonable costs incurred in performing the medical screening and acute forensic medical examination.

Police report

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

    Show the law for this line: N.D.C.C. 54-23.4-06(4)and 3 more

    N.D.C.C. 54-23.4-06(4)ND-REPORT-1

    The crime must be reported to law enforcement within ninety-six hours (96 hours) unless the program finds good cause for the delay. No sexual-assault-specific alternative to a police report was found.

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

    N.D. Admin. Code 94-03-03-01(2)(a)ND-REPORT-GOODCAUSE

    Good cause for a late report includes evidence, such as medical records or verifiable third-party reports, that reporting on time would have put the applicant's health or safety at risk.

    Evidence, including medical records or verifiable reports from third parties, which substantiate the applicant's health or safety would have been jeopardized if the criminally injurious conduct had been reported in a timely manner.

    N.D. Admin. Code 94-03-03-01(2)(b)ND-REPORT-GOODCAUSE-2

    Good cause for a late report also includes law enforcement confirming that the victim feared retaliation.

    Law enforcement substantiates there was a fear of retaliation.

    N.D.C.C. 54-23.4-06(4)ND-REPORT-CHILD

    For child abuse or sexual molestation of a child, the report to law enforcement must be made within three years after the child reaches the age of majority.

    In the case of child abuse or sexual molestation of a child, the criminally injurious conduct must be reported to a law enforcement officer within three years after the child reaches the age of majority.

  • The crime must be reported to law enforcement within ninety-six hours (96 hours) unless the program finds good cause for the delay. No sexual-assault-specific alternative to a police report was found.

    Show the law for this line: N.D.C.C. 54-23.4-06(4)

    N.D.C.C. 54-23.4-06(4)ND-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 ninety-six hours after its occurrence or the division finds there was good cause for the failure to report within that time.

  • Good cause for a late report includes evidence, such as medical records or verifiable third-party reports, that reporting on time would have put the applicant's health or safety at risk.

    Show the law for this line: N.D. Admin. Code 94-03-03-01(2)(a)

    N.D. Admin. Code 94-03-03-01(2)(a)ND-REPORT-GOODCAUSE

    Evidence, including medical records or verifiable reports from third parties, which substantiate the applicant's health or safety would have been jeopardized if the criminally injurious conduct had been reported in a timely manner.

  • Good cause for a late report also includes law enforcement confirming that the victim feared retaliation.

    Show the law for this line: N.D. Admin. Code 94-03-03-01(2)(b)

    N.D. Admin. Code 94-03-03-01(2)(b)ND-REPORT-GOODCAUSE-2

    Law enforcement substantiates there was a fear of retaliation.

  • For child abuse or sexual molestation of a child, the report to law enforcement must be made within three years after the child reaches the age of majority.

    Show the law for this line: N.D.C.C. 54-23.4-06(4)

    N.D.C.C. 54-23.4-06(4)ND-REPORT-CHILD

    In the case of child abuse or sexual molestation of a child, the criminally injurious conduct must be reported to a law enforcement officer within three years after the child reaches the age of majority.

Deadline to apply

  • File within one year from the date the crime was reported to law enforcement; the program may extend this when the interests of justice require.

    Show the law for this line: N.D.C.C. 54-23.4-06(2)

    N.D.C.C. 54-23.4-06(2)ND-DEADLINE-1

    A claim for compensation must be filed within one year from the date the criminally injurious conduct was reported to a law enforcement officer. The division may extend the time for filing if it determines that the interests of justice so require.

Keeping your name and address private

  • Division records about an application for or award of crime victims compensation are confidential and not open to public disclosure; law enforcement may inspect them for official duties, and a claimant's representative may see the file only with the claimant's signed authorization.

    Show the law for this line: N.D.C.C. 54-23.4-17

    N.D.C.C. 54-23.4-17ND-REC-1

    All other records of the division concerning the application for or award of compensation under this chapter are confidential and are not open to public disclosure.

How to apply

If you need money soon

  • A tentative award may be paid if the claimant would otherwise suffer financial hardship and a final award appears likely; it is deducted from the final award.

    Show the law for this line: N.D.C.C. 54-23.4-14

    N.D.C.C. 54-23.4-14ND-EMERGENCY-1

    If the division 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 which must be deducted from the final award

Good to know before you apply

  • Crimes in North Dakota are covered; a North Dakota resident victimized elsewhere can apply if that place has no crime victims compensation law covering the injury.

    Show the law for this line: N.D.C.C. 54-23.4-06(1)

    N.D.C.C. 54-23.4-06(1)ND-RES-1

    If a resident of this state is a victim of criminally injurious conduct, but the criminally injurious conduct occurred outside the geographical boundaries of this state, the resident has the same rights under this chapter as if the criminally injurious conduct occurred within this state upon a showing that the state, territory, country, or political subdivision of the country in which the criminally injurious conduct occurred does not have a crime victims compensation law which covers the bodily injury or death of the victim.

  • Awards are reduced or denied to the extent the loss is recouped from other sources, including insurance and other collateral sources.

    Show the law for this line: N.D.C.C. 54-23.4-06(6)(a)

    N.D.C.C. 54-23.4-06(6)(a)ND-COLLATERAL-1

    To the extent the economic loss upon which the claim is based is recouped from other persons, including collateral sources;

  • The fund pays only for losses not paid by other sources such as health insurance, Medicaid, employer-paid leave, and online fundraising.

    Show the law for this line: N.D. Admin. Code 94-03-03-06(1)

    N.D. Admin. Code 94-03-03-06(1)ND-COLLATERAL-2

    The crime victims compensation fund is a secondary source for payment for economic losses not paid by other collateral sources, including disability benefits; employer-paid leave, including sick leave or annual leave; health insurance, including medical, vision, and dental benefits; life insurance; Medicare; medical assistance or Medicaid; motor vehicle insurance; personal and charity fundraising, including online fundraising;

When you are ready

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