2012 New York Consolidated Laws
EXC - Executive
Article 22 - (620 - 635) OFFICE OF VICTIM SERVICES
631 - Awards.

 
    § 631. Awards.  1. No award shall be made unless the office 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 office, 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,
  255.26  or  255.27  of  the penal law or labor trafficking as defined in
  section 135.35 of the penal law or sex trafficking as defined in section
  230.34 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 office
  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. An award for loss of earnings shall include earnings  lost  by  a
  parent  or guardian as a result of the hospitalization of a child victim
  under age eighteen for injuries sustained as a direct result of a 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
  paragraphs (f) and  (g)  of  subdivision  one  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
  paragraphs (f) and  (g)  of  subdivision  one  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 office 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  paragraphs  (f)  and (g) of subdivision one 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 office shall
  determine whether, because of his conduct,  the  victim  of  such  crime
  contributed to the infliction of his injury, and the office 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   office   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 office 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 office 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
  office  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 office 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 office 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  office  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  office,  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 office must maintain the same standard of living enjoyed by the
  claimant prior to the death or injury.
    (e)  The  director  shall promulgate 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, criminal obstruction of breathing or
  blood circulation as  defined  in  section  121.11  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  office  directly. The office, 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 necessary pharmaceuticals; including but
  not limited to HIV post-exposure  prophylaxis  provided  by  a  hospital
  emergency  room at the time of the forensic rape examination pursuant to
  paragraph (c) of subdivision one of section twenty-eight hundred  five-i
  of  the public health law. Follow-up HIV post-exposure prophylaxis costs
  shall  continue  to  be  reimbursed  according  to  established   office
  procedure.  The  office,  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 the amount
  of itemized charges not exceeding eight hundred dollars, to be  reviewed
  and  adjusted annually by the office 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  office.  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 office; 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 office. 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 office.
    14. Notwithstanding any inconsistent provision of this article,  where
  a  victim  dies  from  injuries received as a direct result of the World
  Trade Center terrorist attacks on September eleventh, two thousand  one,
  the  office  may  make  an award for the unreimbursed and unreimbursable
  expense or indebtedness reasonably incurred for the cost  of  counseling
  for  the eligible spouse, grandparents, parents, stepparents, guardians,
  brothers, sisters, stepbrothers, stepsisters, children, or  stepchildren
  of  such  victim.  Any  award  for  such  expense  incurred on or before
  December thirty-first, two thousand seven, shall be made without  regard
  to the financial difficulty of the claimant.

    15.  Notwithstanding any inconsistent provision of this article, where
  a victim is injured as  a  direct  result  of  the  World  Trade  Center
  terrorist  attacks  on  September eleventh, two thousand one, the office
  may make an award for the unreimbursed  and  unreimbursable  expense  or
  indebtedness  reasonably  incurred  by  the claimant for medical care or
  counseling services necessary as a result of such injury. Any award  for
  such   expense   or   indebtedness   incurred   on  or  before  December
  thirty-first, two thousand seven, shall be made without  regard  to  the
  financial difficulty of the claimant.
    16.  Notwithstanding  any  inconsistent provision of this article, and
  without regard to the financial difficulty  of  the  claimant,  where  a
  victim dies from injuries received as a direct result of the World Trade
  Center  terrorist  attacks  on September eleventh, two thousand one, the
  office may make an award of reasonable burial expenses for such victim.
    17. Notwithstanding the provisions of subdivision one of this section,
  where a child victim has not been physically injured as a direct  result
  of  a  crime,  or  has  witnessed  a  crime  in which no physical injury
  occurred, the claimant shall only be eligible for an award that includes
  the unreimbursed cost of repair or  replacement  of  essential  personal
  property of the child victim that has been lost, damaged or destroyed as
  a  direct  result  of  a  crime, transportation expenses incurred by the
  claimant  for  necessary  court  appearances  of  the  child  victim  in
  connection  with  the  prosecution of such crimes, and, if counseling is
  commenced within  one  year  from  the  date  of  the  incident  or  its
  discovery, (1) the unreimbursed cost of counseling provided to the child
  victim  on  account  of  mental  or  emotional stress resulting from the
  incident in which the crime occurred, and/or (2) the  unreimbursed  cost
  of  counseling  provided to the claimant eligible under paragraph (h) of
  subdivision one of section six hundred twenty-four of this  article  and
  resulting from the incident in which the crime occurred.