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On the rainy evening of Dec. 13, 2002, Sunnyvale native Eric Galassi was involved in a car accident in Cupertino. The driver of the pickup truck that plowed into him was under the influence of alcohol. Although Galassi was not physically hurt, the accident caused about $3,800 worth of damages to his car.
When the other driver did not respond to Galassi's telephone calls, Santa Clara County's Victim Witness Assistance Center came to his rescue.
"I didn't even know they existed," Galassi says. "Before I could take the matter to small claims court, the center called me."
Galassi says he was shocked at how easily he got restitution payments through the center. He faxed them receipts for his expenses and has been receiving regular payment installments from the other driver.
Santa Clara County's Victim Witness Assistance Center, based in San Jose, helps victims of violent crimes who are residents of the county. The center is a part of the state's Victim Compensation Program, which was established in 1965.
"California was the first state in the nation and third in the world to establish such a program," says Margaret Petros, manager of the county's center.
Galassi's help came from the center's Restitution Program, which caters specifically to property damage. In such a situation, the county superior court refers cases to the center and asks them to contact the victim.
"Our involvement is to help the victim get the restitution directly from the criminal," Petros says. "The court directly orders the criminal to repay the victim." Then the county's Department of Revenue collects funds from the defendant and pays the victim.
The center has a second program, the Victim Compensation Program, which helps victims who have either been physically harmed or threatened by physical harm. This program provides financial assistance for medical, dental and mental health treatment and funerals to residents of California, regardless of where the crime occurred. The program provides the same assistance to nonresidents who become victims of crimes occurring in the state.
Petros says the center frequently provides assistance for victims of assault, robbery, child abuse, domestic violence, murder and drunken driving, as well as other crimes. Services offered by the center include crisis counseling, follow-up care, assistance in court and recovery of loss.
What is unique about the California program is that it helps more categories of victims and it has more flexibility with late filing.
"Most states have one-year limitations from the time the crime took place to file a claim, but we don't," Petros says. Though police are required by law to inform victims about the program, many victims don't come to file claims until more than a year after the crime occurred because they are often so traumatized they often don't remember what they are told or look through brochures given to them by police. There are other reasons, too. People don't believe they can receive this kind of help or they think it's some kind of welfare. Petros says the compensation is not welfare.
Capt. Byron Pipkin with the Sunnyvale Department of Public Safety says his department gives out flyers and brochures about the program to crime victims.
"Our work is to make referrals to ensure that victims of crime know that this program exists," Pipkin says.
The Victim Compensation Program is primarily funded by the Restitution Fund, which receives monies collected through fines and penalties imposed by judges upon people convicted of crimes and traffic offenses in California. The program also receives federal funds through the Victims of Crime Act.
Last year, the program helped the family of two Sunnyvale boys ages 9 and 10 who were physically abused by their father. The boys exhibited symptoms of anger, aggression, hyperactivity and irritability as a result of the abuse. The counselor the boys were seeing was not included in the network of providers for the boys' health insurance. Both boys qualified for help by the center, and the program is currently covering ongoing counseling expenses.
In fiscal year 200102 Santa Clara County spent some $5,876,754 on the Victim Compensation Program, and statewide spending was $125,911,335. Santa Clara County accepts almost 95 percent of applications, the highest acceptance rate in the state, Petros says.
"It's really a good service to residents," she says. "It's their right to know about this service."
To contact the Santa Clara County Victim Witness Assistance Center, call 408.295.2656.
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