New Hampshire Code of Administrative Rules
Jus - Attorney General, Department of Justice
Chapter Jus 600 - VICTIMS' COMPENSATION
Part Jus 605 - claim evaluation criteria and awards limits
Section Jus 605.01 - General Requirements for Victim and Crime Eligibility and Award Compensation Priority

Universal Citation: NH Admin Rules Jus 605.01

Current through Register No. 40, October 3, 2024

(a) A claim shall be brought only by the following:

(1) A primary victim;

(2) A related victim regardless of whether the primary victim had expenses or liabilities totaling at least $100;

(3) A person designated in writing by an adult or emancipated minor primary victim or a court of competent jurisdiction to act as his or her representative; and

(4) The parent or guardian on behalf of a primary victim who is a minor.

(b) A request for compensation shall be made by a claimant or considered by the commission only if there is:

(1) An underlying criminal act that is or would be a misdemeanor or felony, or constitute driving while under the influence of alcohol or other controlled substance; and

(2) A primary victim who, as a direct result of a crime falling under (b)(1) above, suffered a personal injury or death and incurred expenses or liabilities totaling at least $100, except as provided in (a)(2) above.

(c) Awards for compensation shall be made in the following priority, conditioned upon the availability of funds:

(1) Out-of-pocket expenses shall be paid first;

(2) If funds are still available, the cost of anticipated services and expenses shall be set aside for such future services or expenses second;

(3) If funds are still available, individual providers shall be paid third; and

(4) If funds are still available, institutional providers, such as hospitals, shall be paid last.

(d) An eligible victim shall be awarded the greatest possible compensation based upon the facts of the claim, including supporting documentation, within the limits established for each category of compensation, up to the maximum established on a per claimant basis.

#4864, eff 7-13-90; amd by #5430, eff 7-1-92, EXPIRED: 7-1-98

New. #7117, eff 10-8-99, EXPIRED: 10-8-07

New. #9553, eff 9-25-09

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