Current through Register Vol. 56, No. 18, September 16, 2024
(a) In
determining the amount of compensation to be awarded, the Office shall take
into consideration amounts received or receivable from other sources by the
victim, claimant, and/or his or her dependents as a result of the offense or
occurrence giving rise to the application.
(b) Other sources, as used in this section,
means any source of benefits or advantages that the claimant has received in
lieu of economic loss or that is readily available to the claimant from,
including, but not limited to:
1. The
offender;
2. The government of the
United States or any agency thereof, the State or any of its political
subdivisions, or an instrumentality of two or more states;
3. Social Security, Medicare, and
Medicaid;
4. State-required
temporary non-occupational disability insurance;
5. Workers' Compensation;
6. Wage continuation programs of any
employer;
7. Proceeds of a contract
of insurance payable to the victim or claimant for any loss sustained because
of the criminally injurious conduct; except that life insurance payments and
private donations received by the dependents of the victim shall not be
considered as other sources;
8. A
contract providing prepaid hospital and other health care services or benefits
for disability;
9. The net amount
received by the victim or claimant in excess of $ 1,000 in any civil suit for
damages;
10. All proceeds or
recovery to any victim or claimant from any collateral action or claim based
upon or arising out of the circumstances giving rise to victim/claimant's
application for compensation; or
11. Restitution ordered to be paid directly
to any victim or claimant as a result of the crime that formed the basis for
the application for compensation.
(c) If any victim or claimant receives monies
from any other source, he or she shall be required to repay the Office for any
compensation previously awarded and shall contact the Office immediately upon
receipt of any such monies from other sources.
1. If the victim or claimant receives monies
from any other sources, the Office shall seek recovery only as to the net
proceeds that are in excess of $ 1,000.
