Current through Register Vol. 56, No. 18, September 16, 2024
(a) The Office may
order the payment of compensation for personal injury or death resulting from
an attempt to prevent the commission of a crime or to arrest a suspected
criminal or in aiding or attempting to aid a police officer in doing
so.
(b) The Office may order the
payment of compensation for personal injury or death resulting from the
commission or attempt to commit any of the following offenses:
1. Aggravated assault;
2. Threats to do bodily harm;
3. Lewd, indecent, or obscene acts;
4. Indecent acts with children;
5. Kidnapping;
6. Murder;
7. Manslaughter;
8. Aggravated sexual assault;
9. Sexual assault;
10. Aggravated criminal sexual
contact;
11. Criminal sexual
contact;
12. Any other crime
involving violence, including, but not limited to, robbery or arson;
13. Domestic violence, pursuant to
N.J.S.A.
2C:25-19;
14. Burglary;
15. Tampering with a cosmetic, drug, or food
product;
16. Human trafficking
pursuant to
N.J.S.A.
2C:13-8;
17. Bias intimidation in accordance with
N.J.S.A.
2C:16-1;
18. Criminal stalking pursuant to
N.J.S.A.
2C:12-10;
19. Vehicular homicide;
20. Assault by auto;
21. Simple assault pursuant to
N.J.S.A.
2C:12-1;
22. Disorderly conduct pursuant to
N.J.S.A.
2C:33-2; or
23. Eligibility of claims involving a motor
vehicle, vessel, airplane, or commercial vehicle in which one or more of the
following situations occurred:
i. The victim
was injured in the commission of a violation of
N.J.S.A.
39:4-50(Driving while Intoxicated);
ii. The victim was injured in the commission
of a violation of
N.J.S.A.
39:3-10.13(Operating a Commercial Vehicle
while Intoxicated);
iii. The victim
was injured in the commission of a violation of
N.J.S.A.
12:7-46(Penalties for Operating Vessel Under
the Influence);
iv. Theft of an
automobile pursuant to
N.J.S.A.
2C:20-2.1;
v. Eluding a law enforcement officer pursuant
to N.J.S.A. 2C:29-2b; vi. Unlawful taking of a motor vehicle pursuant to
N.J.S.A. 2C:20-10b, c, or d, where injuries to the victim occur in the course
of operating an automobile in furtherance of the offense; or vii. A motor
vehicle, vessel, airplane, or commercial vehicle is used as a weapon,
including, but not limited to, as a vehicle to carry explosives with intent to
detonate the same to inflict a deliberate injury, the Office shall consider
such use as a compensable "crime involving violence" as set forth in
N.J.S.A.
52:4B-11(b)(10).
(c) Eligible victims may
also include:
1. Non-residents and Federal
crime victims on the same basis as State residents who are victims of a crime
committed in the State;
2.
Residents of the State injured in a foreign jurisdiction where said
jurisdiction is without a victim compensation program; and/or
3. Residents of the State who have received a
final determination from a foreign jurisdiction as to a claim filed with a
victim's compensation program in that foreign jurisdiction that has not fully
compensated the victim or claimant for all out-of-pocket and unreimbursed and
unreimbursable expenses, except that:
i.
Where residents of the State are injured in a foreign state, said foreign state
has primary jurisdiction, and the Office will not entertain a claim for
compensation until the victim or claimant has fully exhausted all available
procedures for victim's compensation in said foreign state.
(d) Where the victim of
a crime has died as a direct result thereof, the Office may award compensation
to the following persons:
1. A surviving
spouse, parent, child, or stepchild of the deceased victim who has suffered
economic loss;
2. Any relative of
the deceased victim who was dependent upon the victim for support, or any
person who has cohabitated with the victim/decedent and who can establish by a
preponderance of evidence that a dependency existed at the time of death of the
victim. In examining the issue of loss of support as it relates to this
paragraph, the Office shall consider any factor it deems relevant;
3. The relative, estate of, or other natural
persons who have demonstrated out-of-pocket unreimbursed and unreimbursable
medical and funeral expenses for which they have become responsible on behalf
of the decedent due to the incident upon which the claim is based.
(e) Any claimant who is held by
the Office to be responsible for the crime upon which a claim is based, or is
held to have been an accomplice or conspirator of the offender, is not eligible
for compensation.
(f) No award will
be made if compensation to the victim or claimant proves to be substantial
unjust enrichment to the offender.
1. Where
the enrichment is inconsequential or minimal, compensation may not be denied
nor reduced.
2. The factors to be
considered in determining whether the unjust enrichment is substantial include,
but are not limited to:
i. The amount of the
award and whether it is made directly to the claimant or victim;
ii. Whether the offender has access to any
cash payments coming into the household on behalf of the claimant or victim;
iii. Whether the award is
essential to the well-being of the claimant or victim and other innocent and
dependent family members;
iv. The
amount of living expenses paid by the offender before and during the dependency
of the claim;
v. If a significant
portion of the award will be used directly by the offender for living
expenses;
vi. The legal
responsibilities of the offender to the claimant or victim;
vii. Collateral resources available from the
offender, which resources include, but are not limited to, court-ordered
restitution or support, and insurance and pension benefits. However, life
insurance payments and private donations received by the dependents of the
victim shall not be considered as collateral resources.
(1) In evaluating collateral resources, the
Office may consider whether the offender has a legal responsibility to pay,
whether the offender has resources to pay, and whether payment is likely.
(2) The claimant or victim may not
be penalized for failure of the offender to meet his or her obligation to pay
for the costs of the victim's recovery; and
viii. The offender's cooperation in providing
the Office with information concerning medical insurance coverage and any other
information necessary to make a determination.
(g) The Office may reduce an award for
compensation where the victim has not paid in full any payments owed on
assessments imposed pursuant to
N.J.S.A.
2C:43-3.1 or restitution ordered following
conviction for a crime by deducting the amount owed and making the payments on
behalf of the victim to satisfy these obligations.
(h) The Office shall not deny an award for
compensation to a victim or claimant who has any nonindictable warrants or
pending criminal charges. If a court-ordered bench warrant for the victim or
claimant's arrest is issued for an indictable offense and remains active, the
Office may make an award for compensation if there exists an emergent need.
Compensation for emergency housing in order to protect the victim's physical
safety shall never be denied due to a victim's criminal status.
1. Except in the case of an otherwise
eligible innocent child or incompetent victim, if the parent of guardian of
such victim is subject to this provision, the parent or guardian shall file the
claim on behalf of the minor as a victim's representative only and shall not be
eligible for any independent benefit or compensation otherwise available to
claimants. Limited compensation may be awarded for those expenses and services
that will directly benefit the innocent child victim.
2. Upon submission to the Office of
verification from the court that the bench warrant, criminal complaint, or
indictment has been dismissed or otherwise disposed of, a victim or claimant
may petition the Office to reopen the claim.
(i) If a victim is injured while serving a
non-custodial sentence or while incarcerated for reasons other than conviction
of a crime, the Office may consider an award of compensation and shall take all
relevant matters into consideration including, but not limited to, the
following:
1. The availability of funds as
appropriated by the State in awarding compensation;
2. Whether the victim assumed a reasonable
risk of injury under all the circumstances of the case;
3. Whether the victim had reason to believe
that his or her actions would result in arrest, conviction, sentence, and
incarceration;
4. The likelihood of
the victim's conviction for the allegations serving as the basis for the
victim's incarceration;
5. The
nature of the offense and the sentence imposed; and 6. The disposition of the
charges by the criminal justice system.
(j) Factors the Office may consider in
denying a claimant's eligibility include, but are not limited to:
1. Provocation;
2. Consent;
3. Participation in an illegal activity or
behavior on the part of the victim that directly or indirectly contributed to
his or her injury or death;
4. The
prior case history of the victim, including matters pertaining to the victim's
medical history and whether the victim cooperated with reasonable requests of
law enforcement authorities or showed a compelling health or safety reason why
they could not cooperate;
5. In
determining whether to limit or deny an award for compensation due to the
victim's contributory conduct, the Office may consider any facts that provide
relevant evidence as to whether the victim's conduct was the proximate cause of
the victim's injury or death. The Office may reduce the amount of the award or
reject the application where it determines that the victim's conduct was the
proximate cause of their injury or death. The Office shall provide compensation
for emergency, temporary housing for an at-risk victim, regardless of
contributory conduct, where a public safety issue exists; and
6. Notwithstanding any other provision of
N.J.S.A.
52:4B-1et seq., to the contrary, the Office
may make a limited award for funeral benefits, mental health counseling, loss
of support for dependent children, and attorneys' fees in cases of criminal
homicide when there is a determination that the victim's conduct was a
contributing factor to the victim's death. The Office shall not deem any
conduct of the victim a contributing factor toward the victim's injury, if the
facts demonstrate that the conduct occurred during efforts by a victim to
prevent a crime or to apprehend either a person who had committed a crime in
the victim's presence or a person who had in fact committed a crime.
(k) The Office may deny or reduce
an award if it is determined that the victim was not wearing protective
equipment such as a safety belt or if the victim is the operator of a second
vehicle and does not have automobile insurance as required by law. Factors the
Office may consider include, but are not limited to, the extent to which the
deficiency contributed to the resulting injuries and victim's knowledge of the
deficiency.
(l) An award for
compensation may be made whether or not any person is prosecuted or convicted
for the crime giving rise to the claim.
