The Montana Crime Victims Compensation Act provides financial assistance to help crime victims with crime-related expenses up to max $25,000. The Montana Crime Victim Compensation Program (CVC) may pay for certain crime-related expenses also known as CVC benefits. The benefits are paid directly to the provider or, if the victim has already paid the expenses, to the victim. Benefits may be awarded whether or not the offender was apprehended or prosecuted. The claimant and/or victim must meet the eligibility requirements.

A claim can only be filed by:

  • The victim – a person who has suffered direct physical or emotional harm or death as a result of a crime is referred to as the primary victim.
  • A parent or legal guardian of a victim who is a minor.
  • The spouse or next of kin of a deceased victim.
  • Exceptions may apply.

CVC uses the following definitions:

Primary Victim:

  • A person who has suffered direct physical or emotional harm or death as a result of a crime.

Secondary Victim:

  • Immediate family members of a child victim of sexual abuse.
  • Immediate family members of a homicide victim.
  • Minor children of a domestic abuse victim who witness the crime.

A note about secondary victims:

  • Secondary victims are only eligible for mental health counseling up to $5,000 or one year, whichever occurs first.
  • Secondary victims cannot be awarded benefits if the primary victim is denied benefits.

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Eligibility Requirements:

To qualify for compensation benefits, applicants must meet the following eligibility requirements:

  • The crime must be reported to a law enforcement agency within 72 hours or you must show good cause for the delay in reporting. Child sexual abuse cases may be extended.
  • Claims must be filed with the Crime Victim Compensation Program within one year of the date of the crime or provide good cause why it wasn’t filed.
  • Reasonable cooperation with all law enforcement agencies and prosecuting attorneys in the apprehension and prosecution of the offender.
  • An offender or an accomplice of the offender is not eligible for benefits.
  • A claimant cannot be awarded benefits if the award would unjustly benefit the offender or accomplice.
  • Crimes committed against people while in prison or residing in any other public institution may not be awarded benefits.
  • Benefits may be denied if a victim contributed to the infliction of death or injury related to the crime.

Eligible Benefits:

If you are unsure if you qualify for CVC benefits or the eligibility of an expense, please contact the Office of Victim Services or talk with your assigned CVC claims examiner.

  • Benefits may be awarded whether or not the offender was apprehended or prosecuted.
  • The CVC can pay up to $25,000 in benefits.
  • The benefits are paid directly to the provider or, if the victim has already paid the expenses, to the victim.

Benefits may include but not limited to:

Survivors of homicide victims may be eligible for out-of-pocket expenses relating to the crime. Funeral and burial expenses are allowed up to a maximum of $10,000.00.

Reasonable funeral expenses include: 

  • funeral service and staff services
  • all expenses related to preparation of the body
  • transportation of remains
  • casket or urn
  • memorial or marker
  • floral arrangements 
  • reception

CVC recognizes cultures and people may celebrate life and memorials differently for loved ones. CVC will continue to work with families and survivors to provide options for funeral costs.

  • Hospital services
  • Physician expenses
  • Mental health treatment
  • Prescription drugs
  • Ambulance charges
  • Dental treatment
  • Physical therapy
  • Chiropractic services
  • Prosthetics
  • Other costs, as approved

Mental health counseling benefits are available for primary and secondary victims including:

  • Immediate family members such as the parent, spouse, child, brother or sister of a victim who is killed as a direct result of a crime.

The mental health counseling benefit limit for secondary victims is $5,000 or one year, whichever occurs first. Extensions are not available.

A mental health therapist can be a medical doctor, a psychiatrist, clinical psychologist, licensed social worker or licensed professional counselor. When choosing a mental health therapist, check that your counselor is licensed by the State of Montana or the state in which you reside.

CVC may reimburse victims for time lost from work due to their crime related physical injuries. A victim is entitled to weekly compensation benefits when the victim is physically unable to work for a minimum of one work week. CVC does not cover missed work due to mental impairment.

Bi-weekly payments may continue until the claimant has a reasonable prospect of being regularly employed in the normal labor market. Additional paperwork and verification are required to approve wage loss.

CVC offers wage loss to a claimant who has been awarded benefits on behalf of their minor child who was a victim of child sexual abuse. The claimant is entitled to wage loss related to time missed from work for transporting the child to and from medical appointments.

Ineligible Benefits:

  • Property loss or repairs related to a crime, such as damage to a house or furniture
  • Traffic accidents not related to driving under the influence
  • Pain and suffering
  • Non-medical expenses, like clothing, motels, travel expenses, or legal fees
  • In-patient psychiatric care or chemical dependency counseling

Insurance and Collateral Sources

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.

  • Medicaid
  • Medicare
  • Social Security
  • sick leave
  • private health insurance,
  • motor vehicle insurance
  • life insurance
  • employer wage plans
  • workers compensation
  • disability insurance
  • VA benefits
  • civil suits
  • restitution

Any hospital or medical provider, or mental health counselor who accepts Medicaid or VA patients must accept those payments as payment in full and cannot bill you or the CVC program for any remaining balances. If you become Medicaid eligible at any time please notify CVC immediately.

Restitution

The Restitution Program seeks repayment from the offender through court ordered restitution for services paid on a claim by the Crime Victim Compensation Program. CVC cannot request restitution on behalf of a victim. 

Subrogation

The CVC program is entitled to full subrogation (repayment of benefits paid out by CVC) against a civil judgment or recovery you receive. Please notify CVC of any pending civil action being taken as a result of the crime.

Contact Office of Victim Services

Crime Victim Compensation Program

Phone: (406) 444-3653
Toll-Free: 1-800-498-6455
Fax: (406) 444-5335
E-mail: [email protected]