Restitution/Crime Victim Compensation

Restitution

• What is restitution?

Under Idaho law, a person who suffers economic loss or injury as the direct result of a defendant’s criminal conduct may seek reimbursement for that economic loss through the criminal case.  This reimbursement is called restitution. A victim may request the criminal court to order a defendant to pay restitution for expenses that are not covered by insurance, such as property damage or wage loss. The purpose of this statutory scheme is to provide a quicker and less expensive method for victims to obtain financial reimbursement than going through the civil system. There is no guarantee that a court will order restitution, but restitution is ordered in the great majority of cases. The primary statute governing restitution—what can be claimed, when it is available, and how the court determines the amount—is Idaho Code section 19-5304.

• How do I request restitution?

The victim should contact the Prosecuting Attorney’s Office as soon as possible. The assigned attorney and legal staff will assist in preparing a restitution statement to inform the court of reimbursable expenses and enable the judge to determine and order an appropriate restitution amount.

Documentation of all losses must be submitted through the Prosecuting Attorney’s Office.

• What can a victim recover through restitution?

Reimbursable losses include, but are not limited to:

• • • The value of property taken, damaged, defaced, or destroyed
    • Lost wages
    • Direct out-of-pocket loses or expenses, such as medical bills 

Losses not recoverable through restitution include intangible damages such as:

• • • Pain and suffering
    • Wrongful death
    • Emotional distress

These (and other) intangible damages may be recoverable through a separate civil lawsuit; however, the Prosecuting Attorney’s Office cannot give any advice on civil matters. 

If an insurance company pays for repairs or medical costs, the victim cannot recover the amount the insurance company pays, but may recover out-of-pocket expenses, such as deductibles.

• What if the damage to my car costs more to fix than the car is worth?

You may only recover the value of the vehicle, not the cost of repairs exceeding that value.

• Important Note

Restitution is not available for damage resulting from accidents in which one of the driver’s is charged with leaving the scene without complying with the requirements of Idaho law (i.e., “Hit and Run” incidents). This is because the criminal conduct—failing to comply with the requirements of Idaho law—occurred after the event that caused the economic loss.  See State v. Shafer, 144 Idaho 370 (Ct. App. 2007).

Crime Victim Compensation

The Idaho Crime Victims Compensation Program (CVCP) was established in 1986 to provide financial assistance to crime victims who are injured as the result of criminal conduct. If you are injured because of a crime, you may be eligible for compensation through the Program.

Effective July 1, 2025, the CVCP requires all adult victims and claimants aged 18 and older to verify their lawful presence in the U.S. as part of eligibility for compensation.

To ensure eligibility, victims and claimants must provide:

• Social Security Number
• Driver’s License Information or relevant documentation (see section 4(b) for further guidance)
• A signed attestation

Who is Eligible

• A person who sustained physical injury, pain, or suffering as a direct result of a crime of violence.
• Anyone legally dependent for their support upon a person who sustains physical injury or death as the result of a crime of violence.
• In the event of death caused by a crime of violence, anyone who legally assumes the obligation to pay, or a relative who voluntarily pays, the medical or burial expenses incurred as a direct result thereof.
• Good Samaritans who are injured or incur property damage while assisting law enforcement in arresting a criminal or preventing a crime.

Eligibility Requirements

• The crime must have been committed in the state of Idaho after July 1, 1986.
• Victims of crime occurring in other states can contact the Crime Victims Compensation Program in that state for information on where to file a claim.
• The crime must be reported to law enforcement within 72 hours of the crime, unless evidence showing good cause for not doing so exists.
• The victim/claimant must fully cooperate with law enforcement officials in investigating and prosecuting the crime.
• The victim/claimant must file a claim with the Idaho Crime Victims Compensation Program within one year of the crime or show good cause why they did not.
• The victim’s/claimant’s own misconduct must not have caused or contributed to the injury. Depending on the misconduct, eligibility may be denied or the award reduced.
• The CVCP must determine whether there is sufficient evidence (by a more-likely-than-not standard) to show that the victim was injured due to the criminally injurious conduct (the crime).

What Benefits are offered by the CVCP?

The Program provides funds for treatment expenses to the victim/claimant after all other sources of payment have been exhausted, up to a maximum of $25,000 per case.  When your claim is approved, payment may be made for reasonable expenses which are the direct result of the crime, including:

• Medical. Payments may be made for physician and hospital services, medicine, and other approved treatment.
• Counseling. A maximum benefit of $2,500 for mental health treatment is available. Family members of sexual assault or homicide victims may also be eligible for counseling benefits.
• Wage loss. Compensation may be provided for lost wages if the victim loses more than one week of work as a result of his/her injuries. The victim must have had a total, actual loss of wages from the loss of ability to work due to injury suffered as a result of the crime. Compensation is paid at a rate of 66% of the victim’s weekly wage at the time of the crime, subject to a maximum of $175 per week.
• Dependent death benefits. Compensation may be provided for dependents (a spouse or child under the age of 18) of a victim who was employed at the time of a crime. Compensation is paid at a rate of 66% of the victim’s weekly wage at the time of the crime, subject to a maximum of $175 per week.
• Funeral expenses. Benefits may be paid for funeral expenses up to a maximum of $5,000.

What Expenses are not covered?

Under the Program, there are certain expenses related to a crime that are not covered under the Crime Victims Compensation Act. This includes expenses related to the following:

• Property loss
• Pain and suffering
• Injury resulting from a traffic accident, unless the operator of the other vehicle intentionally used the vehicle to cause injury, was driving under the influence of alcohol/drugs, or left the scene of an accident resulting in injury or death
• Payment that would benefit an offender or accomplice
• Treatment of a victim injured while confined in a prison, jail, correctional facility, or public institution
• Injury sustained while the victim was engaged in felony activity or driving under the influence of alcohol/drugs

How do I file a claim for benefits?

To file a claim for benefits, you must complete a Crime Victim’s Application for Compensation. 

Printed applications may also be available from the following places:

• Idaho Industrial Commission offices
• Law enforcement agencies
• Prosecuting attorney offices
• Hospitals
• Victim advocate groups

For more information, please reach out to the CVCP office at (208) 334-6080 or by email at [email protected] or [email protected].