Current through Register Vol. 56, No. 6, March 18, 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.
