AARDVARC - An Abuse Rape and Domestic Violence Aid and Resource Collection. Kansas directory of resources for victims of crimes including domestic violence, sexual assault, stalking, and child abuse. Information, referrals, publications and assistance for victims.
Debt due to divorce, helping single mothers, questions about divorce, questions about joint assets, scholarships for abused women, scholarships for single moms
- Kansas Crime Victim's Bill of Rights
- Kansas Crime Victim Compensation Act
- Kansas Victim Impact and Restitution
Kansas Crime Victim's Bill of Rights
Pursuant to K.S.A. 74-7333, as amended, a crime victim has the following rights in Kansas:
1. Victims should be treated with courtesy, compassion, and with respect for their dignity and privacy and should suffer the minimum of necessary inconvenience from their involvement with the criminal justice system.
2. Victims should receive, through formal and informal procedures, prompt and fair redress for the harm which they suffered.
3. Information regarding the availability of criminal restitution, recovery of damages in a civil cause of action, the crime victims' compensation fund and other remedies and the mechanisms to obtain such remedies should be made available to victims.
4. Information should be made available to victims about their participation in criminal proceedings and the scheduling, progress and ultimate disposition of the proceedings.
5. The views and concerns of victims should be ascertained and the appropriate assistance provided throughout the criminal process.
6. When the personal interests of victims are affected, the view or concerns of the victim should, when appropriate and consistent with criminal law and procedure, be brought to the attention of the court.
7. Measures may be taken when necessary to provide for the safety of victims and their families and to protect them from intimidation and retaliation.
8. Enhanced training should be made available to sensitize criminal justice personnel to the needs and concerns of victims and guidelines should be developed for this purpose.
9. Victims should be informed of the availability of health and social services and other relevant assistance that they might continue to receive the necessary medical, psychological, and social assistance through existing programs and services.
10. Victims should report the crime and cooperate with law enforcement authorities.
Statutes also provide for:
Notification Requirements (K.S.A. 74-7335)
The victim or the victims' family shall be notified of the right to be present at any public hearing where the defendant has the right to appear and be heard. Specific public hearings, not limited to: preliminary hearing, trial, sentencing, sentencing modification, parole public comment sessions, expungement hearings.
Defines "Victims Family" as applied to victims’ rights: spouse, surviving spouse, children, parents, legal guardian, siblings, stepparents, grandparents.
Provides that the prosecutor, or in some cases municipal court clerk, shall be responsible to provide notification, provided that the victims’ address is available to the prosecutor.
Additional Notification Requirements by Prosecutor (K.S.A. 22-3436)
For specified crimes, the prosecutor is required to notify victims or families:
Before dismissal of charges
Declining of filing of charges
Nature of proposed plea agreements
(Please note, the final decision on each of these occurrences is up to the prosecutor, even if you disagree with the decision. They are required to notify you, preferably to provide you with adequate explanation and obtain your input, but is not required to make the decision that you express. This is very important to recognize as you continue to develop a relationship with the prosecutor.)
Kansas Crime Victim Compensation Act
K.S.A. 74-7331: Crime Victim Compensation
The Crime Victims Compensation Board provides victims with financial assistance for loss of earnings and out-of-pocket loss for injuries sustained as a direct result of violent crime. This includes reasonable medical care, mental health counseling or other services necessary as a result of the injury. In the event of the death of the victim, reasonable medical expenses and the partial cost of funeral, burial or cremation is reimbursable. Personal property loss is not covered, with the exception of clothing and bedding seized as evidence. To recover damages related to personal property, you will need to file a civil law suit.
If you have been an innocent victim of a violent crime and have suffered financial losses that are not covered by insurance or any other source, this fund may be of assistance. It is the goal of this program to ease the aftermath of crime for the victim whenever possible. Applications and additional information can be obtained by contacting the Compensation Board at (913) 296-2359.
How much can I recover?
A crime victim may receive up to $25,000 in compensation. Funeral expenses are limited to $5,000. These amounts are established by state law. The amount awarded must be reduced by amounts received or to be received from other sources such as:
- Restitution from the offender
- Employee benefits, health insurance, workers' compensation, loss of wages, other insurance, etc.
- Public (city, county, state or federal) funds, i.e., Social Security, SRS
How do I apply?
Crime victims or their legal representative can recover compensation by filing an application with the Board. To determine eligibility, read the eligibility form. Further information can be obtained from local law enforcement agencies or by contacting the Crime Victims Compensation Board at 120 SW 10th Avenue, 2nd Floor, Topeka, KS 66612, (785) 296-2359. Claims must be filed within two years of incident. Cases of child sexual assault are based on the date the crime was reported to law enforcement. It is the claimant's responsibility to establish proof that the claim was filed timely pursuant to K.S.A. 74-7305(b).
You can print an application form from:
What happens After I Apply?
Your claim will be assigned tyo an investigator for processing. Upon completion, it will be sent to the board for a decision. The average processing time is approximately three (3) months.
How will I be notified?
You will be sent a copy of the decision in writing setting forth the reasons why your claim was approved or denied. You should receive a letter within ten (10) days of the decision.
Crime Victims Compensation Board
120 SW 10th Ave, 2nd Floor
Topeka, KS 66612-1597
(785) 296-2359 Telephone
(785) 296-0652 Fax
Kansas Victim Impact and Restitution
As a condition of probation, many offenders are usually required to repay the victims of their crimes. Offenders may also be required to pay court costs, fines and supervision fees, as well as complete community service work. CSOs supervise compliance with all of the court's orders, including restitution orders.
K.S.A. 8-1019: Victim Impact Statements and Restitution
Statute specifically applies in cases of DUI-related or other alcohol/drug-related traffic offenses, resulting in serious injury or death. The Court is responsible to make reasonable attempts (usually through Court Services Officers) to notify the victim-family and give victims the opportunity to make victim impact statements. Also provides that the Court may require payment of restitution as a condition of probation or parole in cases of personal injury, death, or property damage, resulting from alcohol or drug-related offense.
K.S.A. 22-3424: Victim Impact Statements
In addition to allowing the Prosecutor and Defendant to speak at sentencing before imposing sentence, the Court (may) shall allow the victim-family, as deemed appropriate by the Court, to address the Court, if the victim-family so requests.
K.S.A. 21-4718(a)(1): Notification Requirements Upon Motion for Departure Hearings
When motions to depart from presumptive sentencing guidelines are filed by either Prosecutor or Defense, the Prosecutor shall notify the victim-family of the right to be present at the Departure Hearing. The Court shall review the victim impact statement(s).
K.S.A. 21-4604(b) and K.S.A. 21-4714(3): Pre-sentence Investigation, Requirements of Victim Input
Pre-sentence Reports are required prior to sentencing in felony cases (may be ordered in misdemeanor cases). Pre-sentence investigations shall contain victim impact information, including a complete listing of restitution for damages suffered by the victim, if such information is submitted by victim. Pre-sentence Reports shall become part of the public record, except that victim statements and psychological/substance abuse reports will be kept confidential in the Court file.
K.S.A. 21-4610 and K.S.A. 21-4603d: Conditions of Sentence May Include Restitution
As a condition of non-prison sanction, the Court may/shall order the defendant to pay full or partial restitution, in an amount, manner and to the person(s) specified by the Court, unless the Court finds compelling circumstances which would render a plan of restitution unworkable. As a condition of prison sanction (or jail), the Court may also order that the defendant pay restitution as a condition of future release. The order must specify the total amount to be paid and to whom payments are to be made. Crime Victims may request restitution hearings separate from sentencing hearings.
K.S.A. 21-4611 (4) and K.S.A. 75-5217: Failure to Pay Restitution as Ordered
If an offender fails to pay restitution as ordered, a period of probation may be continued as long as the restitution ordered remains unpaid, subject to modification orders by the sentencing Court.
If an offender fails to pay restitution during post-release supervision, an offender may be returned to incarceration as a technical violator for up to 90 days per violation, subject to revocation hearings.
K.S.A. 22-3718 and K.S.A. 22-3727: Notification Requirements by Department of Corrections
If the offender is sentenced to prison, s/he is placed in the custody of the Department of Corrections. For certain crimes, the DOC has responsibility to notify the victim-families prior to the release of the inmate on parole, conditional release, expiration of sentence, or post-release supervision, or upon the death or escape of the inmate. Failure to provide said notification does not warrant a delay of inmate's release. The address of the victim-family must be filed with the Department of Corrections, preferably through the completion of a Victim Notification Request.
Statute also provides for restitution to be made part of post-release supervision plan, if such amount and recipient was specified by the sentencing Court, unless the Parole Board finds compelling circumstances which would render a plan of restitution unworkable.