Law garden / Wisconsin
If you're Jane Doe in Wisconsin
What Wisconsin's crime victim compensation law says, in plain words. Each line links to the exact sentence it comes from.
Crime Victim Compensation Program, run by Wisconsin Department of Justice, Office of Crime Victim Services.
Show the law for this line: Wisconsin DOJ: Crime Victim Compensation Program
Wisconsin DOJ: Crime Victim Compensation ProgramWI-S3
The program's own page, saved by Tend.
- $40,000the most you can ask for in totalWis. Stat. 949.08(1m)(a)
- 1 yearto apply, from the date it happenedWis. Stat. 949.08(1)
- Police reportthe program asks for one within 5 daysWis. Stat. 949.08(1)
- $0what a forensic exam should cost youWis. Stat. 949.26(2)(a)
What the program can pay for
The most the program can pay for all costs together is $40,000.
Show the law for this line: Wis. Stat. 949.08(1m)(a)
Wis. Stat. 949.08(1m)(a)WI-CAP-1
The most the program can award for one injury is $40,000, and it cannot pay expenses incurred more than 4 years after the injury (child victims follow a different timing rule).
the department may not make an award of more than $40,000 for any one injury or death and the department may not make any award for expenses incurred after 4 years from the date of the injury or death.
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
Medical care
Show the law for this line: Wis. Stat. 949.01(4)and 1 more
Wis. Stat. 949.01(4)WI-COV-1
Medical treatment the program can pay includes medical, hospital, psychiatric, psychological and dental care and prescription medications.
“Medical treatment” includes medical, surgical, psychiatric, psychological, dental, optometric, chiropractic, podiatric and hospital care; prescription medications;
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
Wis. Stat. 949.06(1)(a)WI-COV-2
The program pays for medical treatment caused by the crime.
(a) Medical treatment, subject to the limits set forth under par. (bg).
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
Counseling
Show the law for this line: Wis. Admin. Code Jus 11.06(2)(b)
Wis. Admin. Code Jus 11.06(2)(b)WI-COV-3
Outpatient psychotherapy (counseling) is an eligible mental health service. The provider must be licensed (psychiatrist, psychologist, marriage and family therapist, professional counselor, or clinical social worker) or a supervised treatment trainee, and must submit an authorization request to the program.
(b) Outpatient psychotherapy services.
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
Lost pay
Show the law for this line: Wis. Stat. 949.06(1)(b)4.
Wis. Stat. 949.06(1)(b)4.WI-COV-4
Lost wages are covered. Up to 2 weeks can be paid without a doctor's proof of disability; longer periods need a physician's determination.
4. The department may award each victim, parent of a victim, or in the case of a homicide, family member of a victim not more than 2 weeks of lost wages without requiring proof of disability from a physician.
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
Clothing and bedding
- Clothing and bedding held as evidence can be replaced up to $300.
Show the law for this line: Wis. Stat. 949.06(1)(c)
Wis. Stat. 949.06(1)(c)WI-CAP-3
(c) Reasonable replacement value of any clothing and bedding that is held for evidentiary purposes, but not to exceed $300.
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
Replacing belongings
- A computer or mobile phone held as evidence can be replaced up to $200.
- Other property held as evidence and made unusable by crime lab testing can be replaced up to $200.
Show the law for this line: Wis. Stat. 949.06(1)(cg)and 2 more
Wis. Stat. 949.06(1)(cg)WI-COV-5
A phone or computer kept by police as evidence can be partly replaced (see the cap rule).
Reasonable replacement value of any computer or mobile telephone that is held for evidentiary purposes
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
Wis. Stat. 949.06(1)(cg)WI-CAP-2
(cg) Reasonable replacement value of any computer or mobile telephone that is held for evidentiary purposes, but not to exceed $200.
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
Wis. Stat. 949.06(1)(cm)WI-CAP-4
Reasonable replacement value for property, other than clothing and bedding under par. (c), that is held for evidentiary purposes and is rendered unusable as a result of crime laboratory testing, but not to exceed $200.
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
Crime scene cleanup
- Securing and cleaning up a crime scene is covered up to $1,000.
Show the law for this line: Wis. Stat. 949.06(1)(f)
Wis. Stat. 949.06(1)(f)WI-CAP-6
(f) Reasonable and necessary costs associated with securing and cleaning up a crime scene, not to exceed $1,000.
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
Funeral costs
- Funeral and burial expenses are covered up to $5,000.
Show the law for this line: Wis. Stat. 949.06(1)(d)
Wis. Stat. 949.06(1)(d)WI-CAP-8
(d) Reasonable funeral and burial expenses, not to exceed $5,000.
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
What it does not pay for
Personal property losses, including cash, and pain and suffering are not paid. Evidence items (clothing, bedding, phones, computers, lab-damaged property) are the only property exceptions, up to their caps.
Show the law for this line: Application DJ-CVC-1, Application Information
Application DJ-CVC-1, Application InformationWI-EXCL-1
Personal property losses including cash and “pain and suffering” cannot be reimbursed by the Program.
Property loss or damage is not covered beyond the listed evidence items, so a phone that was stolen or broken (not held as evidence) is not covered.
Show the law for this line: Wisconsin DOJ CVC Program page
Wisconsin DOJ CVC Program pageWI-EXCL-2
Please note: Property loss or damage is not covered other than those items described above. A victim is not eligible for Crime Victim Compensation if only property damage or loss occurred.
Mileage and time off work for scheduled appointments or court dates are not paid.
Show the law for this line: Wisconsin DOJ CVC FAQs, Compensation
Wisconsin DOJ CVC FAQs, CompensationWI-EXCL-3
The Program cannot reimburse for mileage or for time off of work for scheduled appointments or court appearances.
Pain and suffering is not paid.
Show the law for this line: Wisconsin DOJ CVC FAQs, Compensation
Wisconsin DOJ CVC FAQs, CompensationWI-EXCL-4
The Crime Victim Compensation Program does not pay for pain and suffering.
Mental health providers' court appearances or evaluations are not paid as counseling.
Show the law for this line: Wis. Admin. Code Jus 11.06(3)(c)
Wis. Admin. Code Jus 11.06(3)(c)WI-EXCL-5
(c) Court appearances or evaluations are not eligible services.
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
The forensic exam
You should not get a bill for a sexual assault forensic exam.
Show the law for this line: Wis. Stat. 949.26(2)(a)and 2 more
Wis. Stat. 949.26(2)(a)WI-EXAM-1
A health care provider that seeks payment from the state SAFE Fund may not bill the survivor (or the survivor's guardian) for any sexual assault forensic exam costs, and may bill insurance only if the survivor authorizes it.
A health care provider seeking an award under this section may not seek payment for any examination costs from the victim or any guardian of the victim.
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
Wis. Stat. 949.26(2)(b)WI-EXAM-2
A provider seeking a SAFE Fund award may not bill the survivor's insurance or any other payer for exam costs unless the survivor or guardian authorizes it.
may not seek payment for any examination costs from insurance or another available source of payment unless the victim or any guardian of the victim authorizes the health care provider to seek payment.
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
Wisconsin DOJ SAFE Fund pageWI-EXAM-3
If a survivor gets a bill for a sexual assault nurse exam, the program says to contact the provider and ask them to send the bill to the SAFE Fund instead.
The health care provider may not bill the victim or the family of the victim for the cost of a SANE exam. Should a victim receive a bill for a SANE exam, they must contact the health care provider immediately and ask them to submit the bill to the SAFE Fund.
The provider can bill your insurance for it only if you agree.
Show the law for this line: Wis. Stat. 949.26(2)(a)and 2 more
Wis. Stat. 949.26(2)(a)WI-EXAM-1
A health care provider that seeks payment from the state SAFE Fund may not bill the survivor (or the survivor's guardian) for any sexual assault forensic exam costs, and may bill insurance only if the survivor authorizes it.
A health care provider seeking an award under this section may not seek payment for any examination costs from the victim or any guardian of the victim.
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
Wis. Stat. 949.26(2)(b)WI-EXAM-2
A provider seeking a SAFE Fund award may not bill the survivor's insurance or any other payer for exam costs unless the survivor or guardian authorizes it.
may not seek payment for any examination costs from insurance or another available source of payment unless the victim or any guardian of the victim authorizes the health care provider to seek payment.
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
Wisconsin DOJ SAFE Fund pageWI-EXAM-3
If a survivor gets a bill for a sexual assault nurse exam, the program says to contact the provider and ask them to send the bill to the SAFE Fund instead.
The health care provider may not bill the victim or the family of the victim for the cost of a SANE exam. Should a victim receive a bill for a SANE exam, they must contact the health care provider immediately and ask them to submit the bill to the SAFE Fund.
The Wisconsin Department of Justice pays exam costs directly to the health care provider through the Sexual Assault Forensic Examination (SAFE) Fund. Exam costs cover the evidence exam plus STD testing and prevention, HIV prophylaxis and STD medication given during the exam; the fund does not cover follow-up medical treatment. The fund does not pay if the survivor both authorizes insurance billing and cooperates with police.
Show the law for this line: Wis. Stat. 949.26(1)
Wis. Stat. 949.26(1)WI-EXAM-4
the department shall make an award under this section to a health care provider who conducts an examination to gather evidence regarding a sex offense to reimburse the health care provider only for the examination costs
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
The SAFE Fund does not pay when the survivor or guardian both lets the provider bill insurance and cooperates with police. If the survivor does not authorize insurance billing, the fund pays the exam costs whether or not they report; if they authorize insurance but do not cooperate with police, the fund pays what insurance does not.
Show the law for this line: Wis. Stat. 949.26(1m)
Wis. Stat. 949.26(1m)WI-EXAM-5
The department may not make an award under this section if, under sub. (2) (b), the health care provider is authorized to seek payment and the victim, or any guardian of the victim, cooperates with a law enforcement agency.
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
Police report
The program asks that the crime be reported to police.
Show the law for this line: Wis. Stat. 949.08(1)and 2 more
Wis. Stat. 949.08(1)WI-REPORT-1
For compensation (beyond the exam), the crime must be reported to police within 5 days, or within 5 days of when it could reasonably be reported. The department may waive this in the interest of justice. No sexual-assault-specific alternative to a police report was found.
the personal injury or death was the result of an incident or offense which had been reported to the police within 5 days of its occurrence or, if the incident or offense could not reasonably have been reported within such period, within 5 days of the time when a report could reasonably have been made. The department may waive the requirements under this subsection in the interest of justice.
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
Wis. Stat. 949.08(2)(d)WI-REPORT-3
No compensation award may be made if the victim has not cooperated with law enforcement. The administrative rules let the department waive the prosecution-cooperation part for a compelling health or safety reason.
(d) Has not cooperated with appropriate law enforcement agencies.
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
Wis. Admin. Code Jus 11.07(5)(e)WI-REPORT-4
For compensation claims, the department may waive the duty to cooperate in the prosecution if the victim shows good cause that not cooperating is due to a compelling health or safety reason. The police report itself is still expected.
The department may waive the provisions of this paragraph upon good cause shown by the victim that the failure to cooperate in the prosecution is due to a compelling health or safety reason.
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
For the forensic exam, no police report is needed: the SAFE Fund may not refuse payment because the survivor does not cooperate with law enforcement or because there is no investigation or prosecution.
Show the law for this line: Wis. Stat. 949.26(3)
Wis. Stat. 949.26(3)WI-REPORT-2
The department may not refuse to make an award under this section because the victim or the guardian of the victim does not cooperate with a law enforcement agency regarding the sex offense, or due to lack of an investigation or prosecution of the sex offense.
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
For compensation (beyond the exam), the crime must be reported to police within 5 days, or within 5 days of when it could reasonably be reported. The department may waive this in the interest of justice. No sexual-assault-specific alternative to a police report was found.
Show the law for this line: Wis. Stat. 949.08(1)
Wis. Stat. 949.08(1)WI-REPORT-1
the personal injury or death was the result of an incident or offense which had been reported to the police within 5 days of its occurrence or, if the incident or offense could not reasonably have been reported within such period, within 5 days of the time when a report could reasonably have been made. The department may waive the requirements under this subsection in the interest of justice.
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
No compensation award may be made if the victim has not cooperated with law enforcement. The administrative rules let the department waive the prosecution-cooperation part for a compelling health or safety reason.
Show the law for this line: Wis. Stat. 949.08(2)(d)
Wis. Stat. 949.08(2)(d)WI-REPORT-3
(d) Has not cooperated with appropriate law enforcement agencies.
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
For compensation claims, the department may waive the duty to cooperate in the prosecution if the victim shows good cause that not cooperating is due to a compelling health or safety reason. The police report itself is still expected.
Show the law for this line: Wis. Admin. Code Jus 11.07(5)(e)
Wis. Admin. Code Jus 11.07(5)(e)WI-REPORT-4
The department may waive the provisions of this paragraph upon good cause shown by the victim that the failure to cooperate in the prosecution is due to a compelling health or safety reason.
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
Deadline to apply
Apply within 1 year of the date it happened.
Show the law for this line: Wis. Stat. 949.08(1)
Wis. Stat. 949.08(1)WI-DEADLINE-1
Apply within 1 year of the injury. The department may waive this in the interest of justice; if late, attach a written explanation of the delay.
No order for the payment of an award may be made unless the application was made within 1 year after the date of the personal injury or death
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
If more than 1 year has passed, the program still accepts an application with a written statement explaining the delay.
Show the law for this line: Wisconsin DOJ CVC FAQs, Applying and Eligibility
Wisconsin DOJ CVC FAQs, Applying and EligibilityWI-DEADLINE-2
If the application is not filed within 1 year, attach a written statement explaining the reason for the delay.
Keeping your name and address private
Safe at Home, run by the Wisconsin Department of Justice, gives Wisconsin residents who are victims of sexual abuse and other listed abuse a legal substitute address to use in place of their actual address, with free mail forwarding. Applicants first make a safety plan with a designated Application Assistant.
Show the law for this line: Wisconsin DOJ, Safe at Home Address Confidentiality Program page, program description; Wis. Stat. 165.68
Wisconsin DOJ, Safe at Home Address Confidentiality Program page, program description; Wis. Stat. 165.68WI-ACP-1
Safe at Home is an address confidentiality program that provides victims of domestic abuse, child abuse, sexual abuse, stalking, trafficking, or those who simply fear for their physical safety with a legal substitute address
When a compensation claim arises from sexual assault or another listed sexual offense, the personally identifiable information on the application form is not open to public records inspection or copying.
Show the law for this line: Wis. Stat. 949.05(2)(a)
Wis. Stat. 949.05(2)(a)WI-RECCONF-1
any personally identifiable information, as defined in s. 19.62 (5), provided on the application form is not subject to inspection or copying under s. 19.35 (1).
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
How to apply
Online https://victimcompensation.wisdoj.gov/
Show the law for this line: Wisconsin DOJ Crime Victim Compensation Application page, Option 1 (Apply Online link)
Wisconsin DOJ Crime Victim Compensation Application page, Option 1 (Apply Online link)WI-SUB-3
Applying online is the program's recommended option; you create an account with a personal email, then apply, check status, and upload bills and receipts.
Option 1: Apply Online (Recommended) To apply, you must create an account with a personal email to log in and apply.
Mail Wisconsin Crime Victim Compensation Program PO Box 7951 Madison, WI 53707-7951
Show the law for this line: Wisconsin DOJ Crime Victim Compensation Application page, Submit Your Completed Paper Application
Wisconsin DOJ Crime Victim Compensation Application page, Submit Your Completed Paper ApplicationWI-SUB-1
Mail the completed paper application to the Wisconsin Crime Victim Compensation Program's PO box in Madison.
You may mail or fax your completed paper application. Mail to: Wisconsin Crime Victim Compensation Program PO Box 7951 Madison, WI 53707-7951
Fax (608) 264-6368
Show the law for this line: Wisconsin DOJ Crime Victim Compensation Application page, Submit Your Completed Paper Application
Wisconsin DOJ Crime Victim Compensation Application page, Submit Your Completed Paper ApplicationWI-SUB-2
The completed paper application can be faxed to the program instead of mailed.
OR Fax to: (608) 264-6368
Phone 800-446-6564
Show the law for this line: Wisconsin DOJ: Crime Victim Compensation Program
Wisconsin DOJ: Crime Victim Compensation ProgramWI-S3
The program's own page, saved by Tend.
Good to know before you apply
The crime must have happened in Wisconsin; any person may apply, so victims who live out of state are not excluded by the statute.
Show the law for this line: Wis. Stat. 949.01(1)
Wis. Stat. 949.01(1)WI-RES-1
“Crime” means an act committed in this state which would constitute a crime as defined in s. 939.12 if committed by a competent adult who has no legal defense for the act.
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
A Wisconsin resident hurt outside the state can apply only if the place where it happened has no compensation law covering the injury.
Show the law for this line: Wis. Stat. 949.035(1)
Wis. Stat. 949.035(1)WI-RES-2
If a Wisconsin resident suffers injury or death in a situation described in s. 949.03 except that the act occurred outside this state, the resident has the same rights under this subchapter as if the act had occurred in this state upon a showing that the state, territory, country or political subdivision of a country in which the act occurred does not have a compensation of victims of crimes law which covers the injury or death suffered by the person.
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
Awards are reduced by payments from the offender, insurance (including workers' compensation and unemployment), public funds, liable third parties, and any SAFE Fund exam award.
Show the law for this line: Wis. Stat. 949.06(3)
Wis. Stat. 949.06(3)WI-COLL-1
Any award made under this section shall be reduced by the amount of any payment received, or to be received, as a result of the injury or death:
Open the source on docs.legis.wisconsin.gov (opens in a new tab)
The program is the payer of last resort: insurance and public programs such as Medical Assistance, BadgerCare and Medicare must be billed first. It may pay co-pays and costs insurance denies.
Show the law for this line: Wisconsin DOJ CVC FAQs, Medical Treatment/Counseling
Wisconsin DOJ CVC FAQs, Medical Treatment/CounselingWI-COLL-2
Do I have to submit bills to my insurance? Yes, this Program is considered the last payer, by law.
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If you're Jane Doe in Wisconsin: you can ask for up to $40,000, and you should never get a bill for a forensic exam.
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