2006 New York Code - Awards.

 
    § 631. Awards.  1.  No  award  shall be made unless the board or board
  member, as the case may be, finds that (a) a crime  was  committed,  (b)
  such  crime  directly  resulted  in  personal  physical injury to or the
  exacerbation of a preexisting disability, or condition, or death of, the
  victim, and (c) criminal justice agency records show that such crime was
  promptly reported to the proper authorities; and in no case may an award
  be made where the criminal justice agency records show that such  report
  was  made  more  than one week after the occurrence of such crime unless
  the board, for good cause shown, finds the delay to have been justified;
  provided,  however,  in  cases  involving  an  alleged  sex  offense  as
  contained  in  article  one hundred thirty of the penal law or incest as
  defined in section 255.25 of the penal law or an offense chargeable as a
  family offense as described in  section  eight  hundred  twelve  of  the
  family  court  act  or section 530.11 of the criminal procedure law, the
  criminal justice agency report need only be  made  within  a  reasonable
  time considering all the circumstances, including the victim's physical,
  emotional and mental condition and family situation. For the purposes of
  this  subdivision,  "criminal  justice agency" shall include, but not be
  limited to, a police department, a district attorney's office,  and  any
  other  governmental  agency having responsibility for the enforcement of
  the criminal  laws  of  the  state  provided,  however,  that  in  cases
  involving  such  sex offense a criminal justice agency shall also mean a
  family court, a governmental agency responsible for child  and/or  adult
  protective  services  pursuant to title six of article six of the social
  services law and/or title one of article nine-B of the  social  services
  law,  and  any  medical facility established under the laws of the state
  that provides a forensic physical examination for victims  of  rape  and
  sexual assault.
    1-a.  No  award shall be made for a frivolous lawsuit unless the board
  or board member, as the case may be, finds  that  the  victim  has  been
  awarded  costs  pursuant  to section eighty-three hundred three-a of the
  civil practice law and rules and  the  individual  responsible  for  the
  payment  of costs is unable to pay such costs provided, however, that in
  no event shall the amount of such costs exceed two thousand five hundred
  dollars.
    2. Any award made pursuant to this article shall be in an  amount  not
  exceeding  out-of-pocket  expenses,  including  indebtedness  reasonably
  incurred for medical or other services necessary  as  a  result  of  the
  injury  upon  which  the  claim  is  based;  loss of earnings or support
  resulting from such injury not to exceed thirty thousand dollars; burial
  expenses not exceeding six thousand dollars of a victim who  died  as  a
  direct  result of a crime; the costs of crime scene cleanup and securing
  of a crime scene not exceeding twenty-five hundred  dollars;  reasonable
  relocation  expenses  not exceeding twenty-five hundred dollars; and the
  unreimbursed cost of repair or  replacement  of  articles  of  essential
  personal  property  lost, damaged or destroyed as a direct result of the
  crime. In addition to the medical  or  other  services  necessary  as  a
  result of the injury upon which the claim is based, an award may be made
  for   rehabilitative  occupational  training  for  the  purpose  of  job
  retraining or similar employment-oriented rehabilitative services  based
  upon  the  claimant's medical and employment history. For the purpose of
  this subdivision, rehabilitative occupational training shall include but
  not be limited to  educational  training  and  expenses.  An  award  for
  rehabilitative  occupational  training  may be made to a victim, or to a
  family member of a victim where necessary as a direct result of a crime.
    3. Any award made for  loss  of  earnings  or  support  shall,  unless
  reduced  pursuant  to  other provisions of this article, be in an amount
  equal to the actual loss sustained,  provided,  however,  that  no  such
  award shall exceed six hundred dollars for each week of lost earnings or
  support.    Awards  with  respect to livery operator victims pursuant to
  paragraph (b) of subdivision six of section six hundred twenty-seven  of
  this  article  shall be granted in the amount and in the manner provided
  therein. The aggregate award  for  all  such  losses  pursuant  to  this
  subdivision,  including  any  awards  made  pursuant to paragraph (b) of
  subdivision six of section six hundred  twenty-seven  of  this  article,
  shall  not  exceed  thirty  thousand  dollars.  If there are two or more
  persons entitled to an award as a result of the death of a person  which
  is  the  direct result of a crime, the award shall be apportioned by the
  board among the claimants.
    4. Any award made pursuant to this article shall  be  reduced  by  the
  amount  of  any payments received or to be received by the claimant as a
  result of the injury (a) from or on behalf of the person  who  committed
  the crime, (b) under insurance programs mandated by law, (c) from public
  funds,  (d)  under any contract of insurance wherein the claimant is the
  insured or beneficiary, (e) as an emergency award  pursuant  to  section
  six hundred thirty of this article. Notwithstanding the foregoing, where
  the  person  injured is a livery operator victim, because undue hardship
  may result to the claimant if immediate payment is not made,  any  award
  pursuant  to  paragraph  (b)  of  subdivision six of section six hundred
  twenty-seven of this article shall  be  granted  without  reduction  for
  workers' compensation benefits to be received, if any.
    5.  (a)  In  determining  the  amount  of an award, the board or board
  member, as the case may be, shall  determine  whether,  because  of  his
  conduct,  the  victim of such crime contributed to the infliction of his
  injury, and the board or board member shall reduce  the  amount  of  the
  award   or   reject  the  claim  altogether,  in  accordance  with  such
  determination.
    (b)  Notwithstanding  the  provisions  of  paragraph   (a)   of   this
  subdivision,  the  board  or  board  member,  as  the case may be, shall
  disregard for this purpose the responsibility of the victim for his  own
  injury  where  the  record shows that the person injured was acting as a
  good samaritan, as defined in this article.
    (c) Notwithstanding any inconsistent provision of this article,  where
  the person injured acted as a good samaritan, the board or board member,
  as  the  case may be, may, without regard to the financial difficulty of
  the claimant, make an award for out-of-pocket  losses.  Such  award  may
  also  include  compensation for any loss of property up to five thousand
  dollars suffered by the victim during the course of  his  actions  as  a
  good samaritan.
    (d)  Notwithstanding any inconsistent provision of this article, where
  a person acted as a good samaritan, and was killed as a direct result of
  the crime, the board or the board member,  as  the  case  may  be,  may,
  without  regard to the financial difficulty of the claimant, make a lump
  sum award to such claimant for actual loss  of  support  not  to  exceed
  thirty thousand dollars.
    (e)  Notwithstanding any inconsistent provision of this article, where
  a police officer or firefighter, both  paid  and  volunteer,  dies  from
  injuries received in the line of duty as a direct result of a crime, the
  board  or  the  board member, as the case may be, may, without regard to
  the financial  difficulty  of  the  claimant,  make  an  award  for  the
  unreimbursed  counseling  expenses  of  the  eligible  spouse,  parents,
  brothers, sisters or children of  such  victim,  and/or  the  reasonable
  burial expenses incurred by the claimant.
    6.  (a)  Claims  may be approved only if the board or board member, as
  the case may be, finds that unless the claimant's award is  approved  he
  will  suffer  financial  difficulty.  However,  no  finding of financial
  difficulty is required for a claim for an emergency award  or  an  award
  less  than  five  thousand dollars. In determining financial difficulty,
  the board or board member shall consider all relevant factors, including
  but not limited to:
    (1) the number of claimant's dependents;
    (2) reasonable living expenses of the claimant and his family;
    (3)  any  special  health,  rehabilitative or educational needs of the
  claimant and his dependents;
    (4) the claimant's employment situation including income and potential
  earning capacity;
    (5) the claimant's net financial resources after authorized  deduction
  as provided in paragraphs (b) and (c) of this subdivision;
    (6)  whether  claimant's  financial  resources  will  become exhausted
  during his lifetime; and
    (7)  the  nature  and  the  amount  of  claimant's  total   debt   and
  liabilities,  including the amount of debt incurred or to be incurred to
  pay for losses and expenses of  the  crime,  and  the  extent  to  which
  claimant's essential assets will have to be liquidated.
    (b)  Claimant's  net  financial  resources  do not include the present
  value of future earnings, and  shall  be  determined  by  the  board  by
  deducting   from   his  total  financial  resources  the  value,  within
  reasonable limits, of the following items:
    (1) a homestead, not exceeding five hundred  thousand  dollars,  or  a
  total of ten years' rent for a renter;
    (2)  personal  property  consisting  of clothing and strictly personal
  effects;
    (3) household furniture, appliances and equipment;
    (4) tools and equipment necessary for the claimant's trade, occupation
  or business;
    (5) a family automobile;
    (6) life insurance, except in death claims; and
    (7) retirement, education and  health  plans  or  contributions  to  a
  retirement or pension program including but not limited to contributions
  to:  (i)  employee  profit  sharing  plans, (ii) employee money purchase
  plans, (iii) 401 (k) plans, (iv) simplified employee pensions (SEP), (v)
  individual retirement accounts (IRA), (vi)  403  (b)  plans,  (vii)  457
  plans,  (viii)  Keogh plans, (self employed), and (ix) any other plan or
  account for  which  contributions  are  made  primarily  for  retirement
  purposes.
    (c)  The  board  or  board member, after taking into consideration the
  claimant's financial resources, may exempt that portion of the  victim's
  or  claimant's annual income required to meet reasonable living expenses
  and  the  value  of  inventory  or  other  property  necessary  for  the
  claimant's  business  or occupation or the production of income required
  to meet reasonable living expenses. In  no  event  shall  the  aggregate
  value  of  exemptions  under  this paragraph exceed one hundred thousand
  dollars.
    (d) Nothing contained in this subdivision shall be construed  to  mean
  that  the board must maintain the same standard of living enjoyed by the
  claimant prior to the death or injury.
    (e) The board shall  establish  such  rules  and  regulations  as  are
  necessary for the implementation of this section.
    7.  Notwithstanding the provisions of subdivision six of this section,
  an award shall include out-of-pocket  expenses,  including  indebtedness
  reasonably  incurred  by  the  victim  of  a  sex  offense or the person
  responsible for the victim of such sex offense, as such sex  offense  is
  defined  in  article one hundred thirty of the penal law, for a hospital
  or  medical  examination  in  connection  with  the   investigation   or
  prosecution of any such offense.
    8.  Notwithstanding  the provisions of subdivisions one, two and three
  of this section,  an  elderly  or  disabled  victim  who  has  not  been
  physically injured as a direct result of a crime, shall only be eligible
  for   an  award  that  includes  the  unreimbursed  cost  of  repair  or
  replacement of essential personal property that has been  lost,  damaged
  or  destroyed  as  a  direct  result of a crime, transportation expenses
  incurred  for  necessary  court  appearances  in  connection  with   the
  prosecution  of  such  crimes  and  the unreimbursed cost of counselling
  provided to the elderly or disabled  victim  on  account  of  mental  or
  emotional  stress  or  financial  counselling provided to the elderly or
  disabled victim on account of financial difficulty  resulting  from  the
  incident  in  which  the crime occurred if such counselling or financial
  counselling is commenced within one year from the date of the incident.
    9. Any award made for the cost of repair or replacement  of  essential
  personal property, including cash losses of essential personal property,
  shall  be  limited to an amount of five hundred dollars, except that all
  cash losses of essential personal  property  shall  be  limited  to  the
  amount of one hundred dollars.
    10.  Notwithstanding  any  contrary  provision  of law, an award shall
  include reasonable transportation expenses incurred for necessary  court
  appearances in connection with the prosecution of such crimes upon which
  the claim is based.
    11.  Notwithstanding the provisions of subdivisions one, two and three
  of this section, an individual who was a victim of either the  crime  of
  unlawful  imprisonment  in the first degree as defined in section 135.10
  of the penal law, kidnapping in the second degree as defined in  section
  135.20  of the penal law or kidnapping in the first degree as defined in
  section 135.25 of the penal law who has not been physically injured as a
  direct result of such crime shall only be eligible  for  an  award  that
  includes  loss  of  earnings  or  support  and the unreimbursed costs of
  counseling provided to such victim on account  of  mental  or  emotional
  stress resulting from the incident in which the crime occurred.
    12.  Notwithstanding the provisions of subdivisions one, two and three
  of this section, an individual who was a victim of either the  crime  of
  menacing  in the second degree as defined in subdivision two or three of
  section 120.14 of the penal law, menacing in the first degree as defined
  in section 120.13 of the penal law, harassment in the second  degree  as
  defined  in subdivision two or three of section 240.26 of the penal law,
  harassment in the first degree as defined in section 240.25 of the penal
  law,  aggravated  harassment  in  the  second  degree  as   defined   in
  subdivision  four  of  section  240.30  of  the  penal  law,  aggravated
  harassment in the first degree as defined in subdivision two of  section
  240.31  of  the  penal  law,  criminal  contempt  in the first degree as
  defined in paragraph (ii) or (iv) of subdivision (b) or subdivision  (c)
  of  section  215.51  of the penal law, or stalking in the fourth, third,
  second or first degree as defined in sections 120.45, 120.50, 120.55 and
  120.60 of the penal law,  respectively,  who  has  not  been  physically
  injured  as  a direct result of such crime shall only be eligible for an
  award that includes loss of earning or support, the unreimbursed cost of
  repair or replacement of essential personal property that has been lost,
  damaged or destroyed as a direct result of such crime, the  unreimbursed
  cost  for  security  devices  to enhance the personal protection of such
  victim, transportation expenses incurred for necessary court expenses in
  connection with the prosecution of such crime, the unreimbursed costs of
  counseling provided to such victim on account  of  mental  or  emotional
  stress  resulting  from  the  incident  in  which  the  crime  occurred,
  reasonable relocation expenses, and for occupational or job training.
    13. Notwithstanding any other provision of law, rule, or regulation to
  the  contrary,  when  any New York state accredited hospital, accredited
  sexual assault  examiner  program,  or  licensed  health  care  provider
  furnishes  services  to  any  sexual assault survivor, including but not
  limited to a health care forensic examination in accordance with the sex
  offense evidence collection protocol and standards  established  by  the
  department of health, such hospital, sexual assault examiner program, or
  licensed  healthcare  provider shall provide such services to the person
  without charge  and  shall  bill  the  board  directly.  The  board,  in
  consultation  with  the  department of health, shall define the specific
  services to be covered by the sexual assault forensic exam reimbursement
  fee, which  must  include  at  a  minimum  forensic  examiner  services,
  hospital  or  healthcare  facility  services  related  to  the exam, and
  related   laboratory   tests   and   pharmaceuticals.   Follow-up    HIV
  post-exposure   prophylaxis   costs  shall  continue  to  be  reimbursed
  according to established board procedure.  The  board,  in  consultation
  with  the  department  of  health,  shall  also  generate  the necessary
  regulations and forms for the direct reimbursement procedure.  The  rate
  for  reimbursement  shall  be  eight hundred dollars, to be reviewed and
  adjusted annually by the board in consultation with  the  department  of
  health.  The  hospital,  sexual  assault  examiner  program, or licensed
  health care provider must accept this fee as payment in full  for  these
  specified  services.  No  additional  billing  of  the survivor for said
  services is permissible.  A  sexual  assault  survivor  may  voluntarily
  assign any private insurance benefits to which she or he is entitled for
  the  healthcare  forensic  examination,  in  which  case the hospital or
  healthcare provider may not charge the board. A hospital, sexual assault
  examiner program or licensed health care provider shall, at the time  of
  the  initial  visit,  request assignment of any private health insurance
  benefits to which the sexual assault survivor  is  entitled  on  a  form
  prescribed by the board; provided, however, such sexual assault survivor
  shall  be  advised  orally  and in writing that he or she may decline to
  provide such information regarding private health insurance benefits  if
  he  or  she  believes  that  the  provision  of  such  information would
  substantially interfere with his or her personal privacy or  safety  and
  in such event, the sexual assault forensic exam fee shall be paid by the
  board. Such sexual assault survivor shall also be advised that providing
  such information may provide additional resources to pay for services to
  other  sexual  assault  victims.  If  he or she declines to provide such
  health insurance information, he or she shall indicate such decision  on
  the  form  provided  by the hospital, sexual assault examiner program or
  licensed health care provider, which form shall  be  prescribed  by  the
  board.