Speaking at an afternoon news
conference, Madigan said Senate Bill 416 is a critical improvement
to the Illinois Crime Victims' Compensation Act, which her office
administers and which helps victims of violent crime with grants for
services ranging from funerals to counseling to relocation expenses.
Madigan said the Crime Victim
Compensation Act does not specifically identify security deposits or
first month's rent as potentially reimbursable relocation expenses.
As a result, the court of claims, which approves expenses, has
repeatedly rejected the Office of the Attorney General's
recommendation for those expenses. However, under
Senate Bill 416, those costs specifically would be identified as
relocation expenses and therefore would be eligible
for reimbursement. The bill was drafted by Madigan and is sponsored
in the Senate by Sen. Kwame Raoul, D-Chicago, and in the House by
Rep. Constance Howard, D-Chicago.
"When a woman finds the courage to
flee her abuser, it is crucial that she also find assistance to
break the cycle of violence," Madigan said. "We have set up this
system of financial assistance for crime victims, and we must ensure
that it does what was intended -- help victims and their families
escape abusive settings. It's hard enough for domestic violence
victims to scrape up the strength to leave. They should not have to
scrape up a security deposit and first month's rent as well."
"One of the most common reasons that
prevent victims of domestic violence to seek justice is the fear
that they will have nowhere else to go except back to their abuser,"
Raoul said. "This bill helps to provide the resources to assist
these victims to break away and leave a dangerous situation."
"Getting a fresh start at life for
domestic violence victims often means finding a different place
to live," Howard said. "The small investment we make in helping a
victim to get established in a new place helps to break the cycle of
abuse and, over time, will certainly yield significant dividends
by reducing court, police and health care expenses."
Joining Madigan at the news
conference was Alberta Jenkins, a victim of domestic abuse who
filed multiple orders of protection against her abusive husband and
sought protection in a shelter before she and her children finally
relocated to a new residence. Even though the woman's abuser
pleaded guilty to domestic battery, the court denied granting a
reimbursement to the victim for her relocation expenses of first
month's rent and security deposit.
Additionally, Madigan was joined by
East Dundee Police Chief Joe Pena, who also serves as first vice
president of the Illinois Association of Chiefs of Police, and Lyn
Schollett, general counsel, Illinois Coalition Against Sexual
Assault.
Madigan also is supporting
House Bill 2389, the Crime Victim Compensation Accessibility
Act, sponsored by Rep. Careen Gordon, D-Coal City. Because
research has shown that the majority of sexual assault victims
do not immediately seek help, Madigan said this bill would modify
eligibility requirements for crime victim compensation to allow
victims of rape to receive compensation if they report the crime to
law enforcement or go to a hospital for medical care within seven
days of the incident. The law currently requires victims to notify
authorities within 72 hours of the crime.
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House Bill 2389, currently under
consideration in the House, also would allow post-traumatic stress
disorder to be considered a legal disability that could prohibit
a victim from filing an application for funds within two years of
the crime. Victims suffering from this disorder would be eligible
for an extension to file their claims.
"The time right after a violent
crime has occurred can be quite traumatic for victims," Gordon
said. "To put additional pressure on them to comply with a somewhat
arbitrary deadline when they are experiencing great emotional and
physical stress is unfair and insensitive. This bill affords
crime victims some additional time and makes the system work a bit
better for them."
Madigan's office administers the
Crime Victims Compensation Act, which can provide up to $27,000
to help victims of violent crime pay for expenses associated with
their recovery, after other compensation sources -- such as private
insurance, Medicare, Medicaid or other public aid -- have
been exhausted. To be eligible for compensation, a victim must
report the crime promptly to law enforcement and cooperate fully in
the apprehension and prosecution of the offender. The majority of
the money used to compensate Illinois victims is generated from
fees and fines paid by convicted federal offenders, not tax
revenue.
On Thursday, Madigan also unveiled a
new poster to increase public awareness of the rights of crime
victims. Under Illinois law, victims of crime are guaranteed certain
rights, including the right to be reasonably protected from the
offender, receive notification about court proceedings, have access
to information about the imprisonment and parole of the
offender, and recover restitution from the offender. The
"Illinois Crime Victims Bill of Rights" poster will be distributed
by Madigan's office to local law enforcement agencies and
prosecutors throughout the state. It is available to view online at
www.illinoisattorneygeneral.gov/victims/
Bill_of_Rights_poster.pdf. [To download Adobe Reader for the PDF
file, click here.]
Madigan also joined the attorneys
general of all 49 other states in signing an April 12 letter
to congressional leaders urging Congress to restore funding to the
Crime Victims Fund, a significant federal grant program that
finances the Victims of Crime Act and supports crime victim services
throughout Illinois and the country.
Additional information about
programs administered by Madigan's Crime Victim Services Division is
available online at
www.IllinoisAttorneyGeneral.gov/victims and www.IllinoisAttorneyGeneral.gov/women
or by calling 1 (800) 228-3368.
[News release from the
Office of the Illinois Attorney
General] |