New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle M - Office of Victim Services
Part 525 - Practice And Procedure Before The Office Of Victim Services
Section 525.19 - Crimes committed by family members

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 525.19

Current through Register Vol. 46, No. 12, March 20, 2024

A victim who is injured as result of a crime committed by a family member will be eligible to receive an award unless the office finds that the person responsible for the crime will derive substantial economic benefit or unjust enrichment. A determination that a family member will derive substantial economic benefit or unjust enrichment will be based upon a consideration of the offender's access to the award, the victim's cooperation with the criminal justice system, and the availability of collateral resources.

(a) Access. It shall be determined whether the offender will have access to any award to the victim and/or whether a substantial portion of the money will be primarily used by or for the benefit of the offender.

(1) When an award is made directly to a victim it must be determined that the offender will not substantially benefit from such award. Factors to be considered in determining whether substantial benefit will be derived include:
(i) whether a significant portion of the award will pay for the offender's living expenses, or be otherwise used for his or her benefit; and

(ii) the needs of the victim and other family members in comparison to any benefit to be derived by the offender. The fact that the offender may benefit incidentally from such award will not support a determination of substantial economic benefit or unjust enrichment where such award is essential to the well-being of the victim and other innocent and dependent family members, particularly in regard to their living expenses.

(2) The fact that the offender is present in the household will be a factor to be considered but shall not preclude an award.

(3) Whenever possible payments will be made directly to third-party providers.

(b) Cooperation. The victim must file a police report and be willing to cooperate with the criminal justice system or in a family court proceeding.

(c) Collateral resources. In domestic violence claims as in any other claim, collateral resources available to the victim, including those from the offender, must be considered and deducted from any award. If, however, the offender fails to meet legal responsibilities to pay restitution or to provide for the medical needs of a family member, or if the offender impedes payment of insurance that may be available to cover a claimant's out-of-pocket losses, the office may make an award to cover such losses. The offender will remain liable for such losses pursuant to the office's subrogation right.

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