9.2Compensation Awards Eligibility

One of the CVSC’s duties is to “[i]nvestigate and determine claims for awards and reinvestigate or reopen cases as the commission considers necessary.” MCL 18.353(1)(c).¹

A.Persons Eligible for Compensation Awards

“Except as provided in [MCL 18.354(2)], the following persons are eligible for awards:

(a) A victim or an intervenor of a crime.

(b) Any of the following individuals:

(i) An individual who is related to a victim or intervenor by blood or affinity to the second degree, including a child born after the death of the victim or intervenor.

(ii) An individual who was in a dating relationship with the victim or intervenor at the time of the crime.

(iii) If the victim or intervenor is a guardian of or primary caregiver to an adult who is physically or mentally incapacitated, that adult who is physically or mentally incapacitated.

(iv) If the victim or intervenor is a guardian or primary caregiver to a minor, that minor.

(v) If the victim or intervenor is a minor or is an adult who is physically or mentally incapacitated and a dependent, the guardian of or primary caregiver to that victim or intervenor.

(vi) An individual who was a guardian of or primary caregiver to a victim or intervenor when the victim or intervenor was a minor.

(c) An individual who legally assumes the obligation or voluntarily pays funeral or burial expenses of a victim who died as a result of a crime.

(d) A health care provider seeking payment under [MCL 18.355a].

(e) Subject to [MCL 18.354(4)], an individual who, at the time the crime occurred, was a household member.

(f) Subject to [MCL 18.354(4)], an individual who was a household member before the time the crime occurred for a period of not less than 2 years and who is related to the victim or intervenor by blood or affinity.

(g) A dependent who suffers loss of support as a result of the death of a victim or intervenor who died as a result of the crime.” MCL 18.354(1).

Note: A person, who is otherwise eligible under MCL 18.354(1)(a), (b), (c), (e), (f), or (g) may see a reduction in his or her compensation award or a rejection to receive an award altogether if the commission determines that the victim’s misconduct contributed to his or her injury. MCL 18.361(8). “The commission may disregard for this purpose the victim’s responsibility for his or her own injury if the record shows that the injury was attributable to the victim’s efforts to prevent a crime or an attempted crime from occurring in his or her presence or to apprehend a person who had committed a crime in his or her presence.” Id. For additional information, see Section 9.9(F).

A victim of human trafficking may also be eligible for compensation under the Human Trafficking Victims Compensation Act, MCL 752.981 et seq. For additional information on the Human Trafficking Victims Compensation Act, see the Michigan Judicial Institute’s Sexual Assault Benchbook, Chapter 3.

1.Minimum Loss Requirement

“An award must not be made on a claim unless the claimant has incurred an out-of-pocket loss of not less than $200.00 or has lost at least 5 days’ earnings or support, but the commission may waive the limitations of this subsection if a claimant is retired by reason of age or disability. If the claimant is a victim of criminal sexual conduct in the first, second, or third degree, the commission may waive the limitations of this subsection. The commission shall waive this limitation for health care providers seeking payment under [MCL 18.355a].” MCL 18.354(3) (emphasis added).

2.Proof of Permanent Residence

“The commission may require an individual to provide verification or proof of permanent residence to demonstrate the individual is eligible for an award under [MCL 18.354(1)(e) or MCL 18.354(1)(f)], including, but not limited to, a lease agreement, utility bill, license registration, document showing the mailing address, pay stub, tax form, or notarized statement.” MCL 18.354(4).

3.Payment to Health Care Provider for Sexual Assault Medical Forensic Examination

“A health care provider is eligible to be paid for a sexual assault medical forensic examination under this section only if that examination includes all of the following:

(a) The collection of a medical history.

(b) A general medical examination, including, but not limited to, the use of laboratory services and the dispensing of prescribed pharmaceutical items.

(c) One or more of the following:

(i) A detailed oral examination.

(ii) A detailed anal examination.

(iii) A detailed genital examination.

(d) Administration of a sexual assault evidence kit under . . . MCL 333.21527, and related medical procedures and laboratory and pharmacological services.”² MCL 18.355a(1).

Note: “A health care provider shall not submit a bill for any portion of the costs of a sexual assault medical forensic examination to the victim of the sexual assault, including any insurance deductible or co-pay, denial of claim by an insure, or any other out-of-pocket expense.” MCL 18.355a(2) See also Mich Admin Code, R 18.355(3), which contains similar language.

“Except with the victim’s consent or as otherwise provided in this subsection, information collected by the commission under this section that identifies a victim of sexual assault is exempt from disclosure under the freedom of information act, . . . MCL 15.231 to [MCL] 15.246, shall not be obtained by subpoena or in discovery, and is inadmissible as evidence in any civil, criminal, or administrative proceeding. Information collected by the commission under this section that identifies a victim of sexual assault is confidential and shall only be used for the purposes expressly provided in this act, including, but not limited to, investigating and prosecuting a civil or criminal action for fraud related to reimbursement provided by the commission under this section.” MCL 18.355a(9).

“A victim of sexual assault shall not be required to participate in the criminal justice system or cooperate with law enforcement as a condition of being administered a sexual assault medical forensic examination. For payments authorized under this section or for payments made to victims under [MCL 18.356], administration to the victim of a sexual assault medical forensic examination satisfies the requirements for prompt law enforcement reporting and victim cooperation under [MCL 18.356] and [MCL 18.360].”³ MCL 18.355a(10).

B.Persons Not Eligible for Compensation Awards

“A person is not eligible to receive an award if the person is either of the following:

(a) Criminally responsible for the crime.

(b) An accomplice to the crime.” MCL 18.354(2).

Victims confined in correctional facilities at the time of the crime are also ineligible for awards of compensation. See MCL 18.360(d).