Victim Compensation
Indiana’s Crime Victims’ Compensation Program, funded in part through the OVC-administered Crime Victims Fund, may help offset a victim’s financial burden related to funeral, mental health, medical, and other expenses. Following is contact information for this program:
Indiana Criminal Justice Institute
Victim Services Division
101 West Washington Street, Suite 1170E
Indianapolis, IN 46204
Phone: 800–353–1484
How can I file for violent crime compensation funds?
The crime must have taken place in Indiana and been reported to the police within 48 hours. Victims or survivors must have been cooperative in the investigation and prosecution of the crime, have out-of-pocket expenses of a least $100, and an application for benefits must have been filed with the Violent Crime Compensation Office no later than 180 days for sex crimes and two (2) years for all other violent crime. Local county victim advocates should provide and assist victims in completing and filing the application. If there is no advocate in your county, contact the Violent Crime Compensation Office at 317.232.1233 or 800.353.1484 (this service is provided for victims only). For information on the Violent Crime Victim Compensation Fund click here.
https://cvhr.org: Center for Victim and Human Rights (CVHR) is the only nonprofit legal services organization in Indiana specifically designed to help victims of crime and human rights abuses. We advance our mission “to empower and advance the safety of victims through legal representation and educational outreach” by providing comprehensive legal representation for victims of crime and human rights violations who often lack safety and resources.
Address Confidentiality Program:
Survivors of domestic violence, sexual assault, stalking, human trafficking, harassment, intimidation and invasion of privacy who fear for their safety are eligible for the ACP. All ACP applications have a section that must be completed by a trained victim’s advocate.
If those initial requirements are met, participation in the program may be offered to:
- Individuals at least 18 years of age or,
- A parent or guardian acting on behalf of a minor or,
- A guardian acting on behalf of an incapacitated person.
How to apply
Your application must be signed by a trained victim advocate. Your victim advocate has all the required documents. If you need help finding a list of trained advocates in your area, click here. To learn more about the program e-mail [email protected].
Appellate Victim Notification Program:
This link provides information about the appeal process. It explains keeping your contact information up to date with your victim advocate to be contacted about any appeals.
https://www.in.gov/attorneygeneral/about-the-office/appeals/victim-services/
https://www.in.gov/attorneygeneral/about-the-office/appeals/victim-services/appeals-process/
Request for Court Proceedings
Court proceedings and hearings can be tedious and lengthy to follow. There are sometimes disconnects that occur between the legal systems and the victims. It is beneficial to know that you have a right to court documents. This link provides information on how to get a copy of court records.
https://www.indy.gov/activity/request-copies-of-court-records
https://www.in.gov/idoc/operations/parole/hearings/
ARTICLE 40. VICTIM RIGHTS
https://iga.in.gov/legislative/laws/2022/ic/titles/035#35-40
Ch. 1.Legislative Intent
Ch. 2.Applicability; Standing to Invoke Rights
Ch. 3.Statutory Construction
Ch. 4.Definitions
Ch. 5.Victim Rights
Ch. 6.Prosecuting Attorney Duties and Victim Assistance Programs
Ch. 7.Notice of Release on Bond or Escape
Ch. 8.Notice of Probation Modification, Revocation, or Termination
Ch. 9.Notice of Release, Discharge, or Escape From a Mental Health Treatment Agency
Ch. 10.Request for Notice
Ch. 11.Victim’s Discretion; Form of Statement
Ch. 12.Procedures Related to Notices and Consultations
Ch. 13.Inability to Exercise Rights; Designation of Others; Representative of a Minor
Ch. 14.Rights of Victims of Identity Deception
Ch. 15.Right to Request a New Investigation
Chapter 5. Victim Rights
35-40-5-1Right to fairness, dignity, and respect; right to freedom from harassment and intimidation
35-40-5-2Release or escape from custody of perpetrator
35-40-5-3Right to confer with prosecuting attorney’s office
35-40-5-4Consideration of victim’s safety
35-40-5-5Right to be heard at sentencing or release
35-40-5-6Presentence reports
35-40-5-7Order of restitution
35-40-5-8Right to information about criminal case or perpetrator
35-40-5-8.5Victim’s right to an electronic transcript
35-40-5-9Right to be informed of victim’s rights
35-40-5-11Repealed
35-40-5-11.5Deposition of child victims of sex crimes
35-40-5-12Designation of certain victims in public documents
35-40-5-13Use of comfort item by child witness
Chapter 6. Prosecuting Attorney Duties and Victim Assistance Programs
35-40-6-1Applicability of chapter
35-40-6-2Victims to be treated with dignity
35-40-6-3Victim assistance program; contract to operate
35-40-6-4Victim assistance program; purposes
35-40-6-5Victim-offender reconciliation program
35-40-6-6Threat of harm to victim
35-40-6-7Notification requested by victim
35-40-6-8Request form for revocation of bond
35-40-6-9Contact between victim and probation department
35-40-6-10Victim to be informed of status of case
Highlights:
IC 35-40-6-4Victim assistance program; purposes
Sec. 4. A prosecuting attorney or a victim assistance program shall do the following:
(1) Inform a victim that the victim may be present at all public stages of the criminal justice process to the extent that:
(A) the victim’s presence and statements do not interfere with a defendant’s constitutional rights; and
(B) there has not been a court order restricting, limiting, or prohibiting attendance at the criminal proceedings.
(2) Timely notify a victim of all criminal justice hearings and proceedings that are scheduled for a criminal matter in which the victim was involved.
(3) Promptly notify a victim when a criminal court proceeding has been rescheduled or canceled.
(4) Obtain an interpreter or translator, if necessary, to advise a victim of the rights granted to a victim under the law.
(5) Coordinate efforts of local law enforcement agencies that are designed to promptly inform a victim after an offense occurs of the availability of, and the application process for, community services for victims and the families of victims, including information concerning services such as the following:
(A) Victim compensation funds.
(B) Victim assistance resources.
(C) Legal resources.
(D) Mental health services.
(E) Social services.
(F) Health resources.
(G) Rehabilitative services.
(H) Financial assistance services.
(I) Crisis intervention services.
(J) Transportation and child care services to promote the participation of a victim or a member of the victim’s immediate family in the criminal proceedings.
(6) Inform the victim that the court may order a defendant convicted of the offense involving the victim to pay restitution to the victim under IC 35-50-5-3.
(7) Upon request of the victim, inform the victim of the terms and conditions of release of the person accused of committing a crime against the victim.
(8) Upon request of the victim, give the victim notice of the criminal offense for which:
(A) the defendant accused of committing the offense against the victim was convicted or acquitted; or
(B) the charges were dismissed against the defendant accused of committing the offense against the victim.
(9) In a county having a victim-offender reconciliation program (VORP), provide an opportunity for a victim, if the accused person or the offender agrees, to:
(A) meet with the accused person or the offender in a safe, controlled environment;
(B) give to the accused person or the offender, either orally or in writing, a summary of the financial, emotional, and physical effects of the offense on the victim and the victim’s family; and
(C) negotiate a restitution agreement to be submitted to the sentencing court for damages incurred by the victim as a result of the offense.
(10) Assist a victim in preparing verified documentation necessary to obtain a restitution order under IC 35-50-5-3.
(11) Inform a victim (or the spouse or an immediate family member of a deceased victim) of the victim’s right to a copy of the trial transcript, and assist the victim, spouse, or immediate family member in obtaining a transcript as described in IC 35-40-5-8.5.
(12) Advise a victim of other rights granted to a victim under the law.
(13) Assist a local law enforcement authority in notifying a victim (or the spouse or an immediate family member of a deceased victim) under IC 11-8-8-23 of an offender’s name change.
https://pomc.org/wp-content/uploads/2020/01/Parole-Block-Program-2.pdf
Sentencing Statistics*
•The average maximum sentence length for murder was 20 years and 11 months.
•The average maximum time served was 9 years and 2 months – 44 percent of the actual sentence.
•Twenty-nine percent of parole discharges returned to prison were reincarcerated for murder.
*U.S. Department of Justice, Bureau of Justice Statistics
