Commonwealth Attorneys

Per §19.2-368.3 (2) of the Code of Virginia, the Virginia Victims Fund requests investigative results, information, and data as will enable VVF to determine if, in fact, a crime was committed or attempted, and the extent, if any, to which the victim was responsible for his own injury. A request for the police report is mailed directly to the appropriate police department or sheriff’s office. The use of any information received by VVF is limited to carrying out the purposes of VVF and this information shall be confidential and shall not be disseminated further.

§19.2-368.5 (D) establishes the relationship between Commonwealth Attorneys and the Virginia Victims Fund. The Virginia Victims Fund promptly notifies Commonwealth Attorneys when a claim is received on behalf of crime that occurs in their locality. A second notification is sent if VVF makes an award on the claim. If a criminal prosecution occurs related to the crime, VVF asks that the Commonwealth Attorney request the court to order restitution. Commonwealth Attorneys may notify VVF in writing if they have objection to the investigation and determination of a claim.

Suggested Language for Sentencing Orders
§19.2-368.5 (D) requests that if a criminal prosecution occurs regarding a crime, the attorney for the Commonwealth shall request the court to order restitution. However, neither the lack of a restitution order, nor the failure of the attorney for the Commonwealth to request such an order, shall preclude VVF from exercising its subrogation rights pursuant to § 19.2-368.15. When VVF has made an award, it is helpful if the order names the Virginia Victims Fund (or Criminal Injuries Compensation Fund).

Consider using the following language in your sentencing orders:
  • When VVF has made an award: “Restitution payable to VVF for crime related expenses”
  • When VVF has a claim pending: “Restitution ordered to payer of crime related expenses” (this will allow the clerk to direct the restitution wherever it is owed).
  • When VVF has made an award and there are still outstanding bills: List the specific amount owed to VVF and indicate any additional amounts should be directed to payer of crime related expenses.