In re Candice Earwin

OPINION

Sprague, C.J.

This claim arises out of an incident that occurred on Friday, July 02, 2010. Candice Earwin, mother of the deceased victim, Nevaeh Hunt, seeks compensation pursuant to the provisions of the Crime Victims Compensation Act, hereafter referred to as the Act, 740 ILCS 45/1, et sea,. (2000).

The claimant was denied compensation by order of the Court on June 20, 2011. This claim is now before the Court pursuant to a request by the claimant to reinvestigate the claim based on the submission of new documentation by the claimant.

This Court has carefully reviewed its prior Order in this cause, the claimant's request for re-investigation and an amended investigatory report by the Attorney General's Office. Based on all of the above, the Court finds:

1. That on June 20, 2011, the Court of Claims entered an Order denying the claimant compensation because of failure to submit all materials substantiating the claim as requested by the Attorney General, as required by §8.1 of the Act.

[*313] 2. That additional documentation to substantiate the claim was submitted to the Attorney General's Office.

3. That the investigation conducted by the Attorney General's Office revealed that the victim was an innocent victim of a violent crime. On Friday, July 02, 2010, the victim, Nevaeh Hunt, age 3 months, was the victim of a violent crime as defined in §2(c) of the Act, to wit: First Degree Murder 720 ILCS 5/9-1 (2000). The crime occurred in Park Forest, Illinois, and all of the eligibility requirements of §6.1 of the Act have been met.

4. That the claimant seeks compensation for funeral/ burial expenses.

5. That pursuant to §2(h) of the Act, "pecuniary loss" means, in the case of death, expenses for funeral, burial, and travel and transport for survivors of homicide victims to secure bodies of deceased victims and to transport bodies for burial all of which may not exceed a maximum of $5,000. Further, section 10.1(c) of the Act states that, any person, even though not dependent upon the victim for his or her support, may be compensated for reasonable funeral expenses of the victim to the extent to which he or she has paid or become obligated to pay such expenses.

6. That funeral/burial expenses were incurred as a result of the victim's death in the amount of $4,543.18. To date, the claimant has paid $75.00 towards this amount. An outstanding balance incurred by the claimant is still owed in the amount of $4,468.18 to Leak and Sons Funeral Chapels. Of this amount, $375.00 was for a funeral repast. A repast is the meal following a funeral service and is also referred to as a funeral luncheon, reception, or memorial meal.

7. That in In Re Application of Marabia Clark, 45 Ill.Ct.Cl. 566 (1993), the claimant applied for funeral expenses incurred for her son. As part of the funeral, the claimant held a [*314] catered reception for those attending the funeral. The claimant submitted the cost of the funeral luncheon to the Crime Victims Compensation program for reimbursement. The Court of Claims denied the request and held that "a catered reception with food and drink is beyond what is regularly considered as funeral expenses under the Crime Victims Compensation Act." Id. at 567.

8. The Court herein has reconsidered its ruling In Re Application of Glen Davidson, No.

10cv4846, filed on September 22, 2011, and therefore In Re Application of Marabia Clark, 45 Ill.Ct.Cl. 566 (1993) is hereby reaffirmed. Accordingly, pursuant to Section 2(h) of the Crime Victims Compensation Act, and current caselaw, expenses cannot be reimbursed for food and drink even if affiliated with a funeral. Therefore, the repast expenses of $375.00 will not be reimbursed to Leak and Sons Funeral Chapels.

9. That the claimant has received no reimbursements that can be counted as an applicable deduction under §10.1(e) of the Act.

10. That after considering all sources of recovery as enumerated in the Act, the pecuniary loss for funeral expenses is based on the following:

Compensable Amount

Leak and Sons Funeral Chapels (Less $375.00 Repast Expenses) $4,093.18

Compensable Funeral/Burial Expenses $75.00

Total $4,168.18

11. That pursuant to §18(c) of the Act, the Court may order that all or a portion of an award be paid solely and directly to the provider of services. In the instant case, the Court finds this section applicable and orders that direct payment be made.

12. That the claimant has complied with all pertinent provisions of the Act and qualifies for compensation thereunder.

[*315] IT IS HEREBY ORDERED that In Re Application of Marabia Clark, 45 Ill.Ct.Cl. 566 (1993) be and is hereby reaffirmed.

IT IS FURTHER ORDERED that the sum of $75.00 (SEVENTY FIVE DOLLARS) be and is hereby awarded to Candice Earwin, mother of Nevaeh Hunt, an innocent victim of a violent crime.

IT IS FURTHER ORDERED that the sum of $4,093.18 (FOUR THOUSAND NINETY THREE DOLLARS AND EIGHTEEN-CENTS) be and is hereby awarded to Leak and Sons Funeral Chapels for the funeral/burial expenses incurred by Candice Earwin.