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Victims of Crime Compensation — Eligibility Requirements

admin — Thu, 26 Aug 2010 17:58:15 +0000

Who is eligible?

A victim of a crime who has sustained personal injury, mental trauma or death
A surviving spouse, parent/guardian, child or other relative dependent for support upon a victim of a crime who died as a direct result of such crime, or
A person injured while trying to prevent a crime or while assisting a police officer in making an arrest

Preconditions for Eligibility

Your claim must be filed within two (2) years from the date of the personal injury or death, or after two (2) years if the VCCO determines that good cause existed for the delayed filing.

The crime must be reported to the police within three (3) months after it occurs, or within three (3) months from the time it was known, or from the time there was reason to believe, that a crime occurred.

For incidents prior to June 26, 1995, you must have suffered at least $100 in out-of-pocket medical expenses and/or two weeks continuous loss of earnings or support.

There are no minimum loss requirements for incidents occurring on or after June 26, 1995.

You must cooperate fully with the police and prosecutor’s office; however, eligibility is not dependent upon conviction or prosecution of the offender.

Failure to cooperate with the VCCO investigator or failure to inform the VCCO of a change of address will result in a denial of compensation.

If you have any VCCO assessments imposed on you by the courts for prior convictions, you must pay them in full before you can receive any compensation.

The crime must occur in New Jersey, although you need not be a New Jersey resident; or you must be a New Jersey resident who became a victim in another state or jurisdiction that does not have a crime victim compensation program or has a program which has not provided full compensation for your crime-related losses.

Who is Not Eligible?

A victim whose behavior contributed to the crime and injuries suffered
A victim who was engaged in illegal activity at the time of the crime
An offender or an accomplice of the offender
Anyone in prison for a crime when the incident occurred
A victim of a motor vehicle or boating accident except those listed under Crimes for Which Compensation is Available
A victim of a motor vehicle or boating incident where the victim knew, or had reason to believe, the vehicle or vessel was being operated by the offender while under the influence of alcohol or narcotics
A victim who is a non-resident of New Jersey and the crime incurred in a location other than New Jersey

Crimes for which Compensation is Available

The Board may order the payment of compensation for personal injury or death which resulted from the commission or attempt to commit any of the following offenses:

Aggravated assault
Threats to do bodily harm
Lewd, indecent or obscene acts
Indecent acts with children
Kidnapping
Murder
Manslaughter
Aggravated sexual assault, sexual assault, aggravated criminal sexual contact, criminal sexual contact
Any other crime involving violence including domestic violence
Burglary (personal property loss or damage will not be compensated)
Tampering with a cosmetic, drug or food product
Driving a vehicle, commercial or private, or boat while under the influence of alcohol or narcotics
Theft of an automobile, eluding a law enforcement officer or unlawful taking of a motor vehicle where injuries to the victim occur in the course of operating the automobile

For an explanation of or further information on the listed crimes, please contact the VCCO at 973-648-2107.

Compensation Benefits

Compensation benefits may be awarded up to a maximum of $25,000 per claim ($10,000 for crimes before December 5, 1982) and may include the following:

Medically related expenses
Loss of earnings in personal injury cases
Loss of support from the victim for dependents in homicide cases
Loss of earnings for surviving spouse whose earning capacity has been reduced in case of victim/spouse’s death
Loss of support from the offender in domestic violence cases
Limited transportation costs
Mental health counseling for victim and immediate family members
Limited domestic service, child care, day care and after school care costs
Funeral allowances of up to $5,000
Loss of prescription eyeglasses
Crime Scene Cleanup of up to $1,500
Relocation expenses of up to $2,500
Emergency financial assistance of up to $1,500, if you are employed and unable to work and face undue hardship as a result of crime-related injuries
For crimes committed after June 26, 1995, if you are at least 60 years old or determined to be disabled and meet financial guidelines, you may be eligible for reimbursement for up to $200 in stolen cash resulting from the assault and robbery.

The Board will pay legal fees only if it awards compensation. Attorneys are limited to receiving fees that are set by statute and by the Board.

Moneys from Other Sources

The Victims of Crime Compensation Office (VCCO) is the payer of last resort. The VCCO will award compensation for the balance of crime-related expenses not reimbursed first from other sources such as medical insurance or disability benefits.

“Source or sources” means a source of benefits or advantages which you have received as reimbursement for medical or economic loss which is available to you from, but not limited to the following sources:

Restitution from the offender which is payment made by assailants to their victims, as ordered by the court in a criminal proceeding. It may include compensation for property loss or damage, or for medical expenses. Restitution is now mandatory where the offender has the ability to pay. Please consult your County Victim-Witness Coordinator, in your County Prosecutor’s Office.

The government or any agency of the United States, the State of New New Jersey or its political subdivisions, or of any two or more states

Social Security, Medicare and Medicaid

State disability insurance

Workers Compensation

Employer or Union Local disability programs

Insurance payable to the victim for a loss sustained because of the crime

A contract providing prepaid hospital and other health care services or benefits for disability

Moneys received from any civil or related third party actions. However, the first $1000 recovered is not to be included as money received from another source. This applies even though a settlement or any other resolution of the action is worded to recover any economic loss, such as pain and suffering and property loss, which the Board does not compensate.

How to Apply?

VCCO applications and instructions are available online* or at every law enforcement agency and medical institution in New Jersey. They are required to and make these applications available.

Applications are also available from the 21 county prosecutors’ offices through their respective Victim/Witness Coordinator. The Coordinators will assist crime victims in filling out the form.

You can also get an application from the VCCO. Please call 973-648-2107 or 877-658-2221 for assistance.

To obtain benefits, you must file a completed claim form and comply with Board regulations which are explained in the instructions. You will be asked to submit information to support your application. Where possible and to speed up processing, it would be helpful to submit a copy of a police report and related bills, receipts and insurance statements together with the application. Please send copies only and keep the originals for your own records.

*The VCCO Application form is downloadable as a Portable Document Format file (PDF). PDF documents appear the same as the original printed forms. To view and print these forms, you must have a PDF viewer which is available free here.

Processing Your Claim

Intake Phase: The claim will be processed in the chronological order in which it is received by the Board. Upon receipt of the application, the claim is opened, given a claim number, an acknowledgment of receipt is sent to the applicant, and if needed, additional information is requested. All requests for emergency assistance and counseling are reviewed immediately.

Eligibility Phase: After a police report is received, the Board’s eligibility investigators will review all the circumstances surrounding the incident, including, but not limited to, direct discussion with police and prosecutorial personnel, securing trial related information from the courts, and speaking with witnesses. The investigator will provide the Board’s commissioners with a recommendation either that the claim is eligible for compensation or to deny compensation because there has been a failure to comply with one of the statute’s provisions.

Compensation Phase: Once determined eligible for compensation, your claim enters the compensation phase. The Board’s investigator will verify losses by communicating directly with providers of medical services, securing insurance benefit statements, and gathering loss of earnings and disability payment information.

You are required to show a minimum loss of at least $100 unreimbursed medical expenses or two continuous weeks loss of earnings or support. For incidents occurring on or after June 26, 1995, the minimum loss requirement no longer applies. Accordingly, please respond to the Board’s requests as quickly as possible.

If additional information comes to the Board’s attention which requires the Board to change its determination of eligibility, you will be notified and you will be given an opportunity to respond to the Board’s new decision.

Hearing Phase: The investigator may send you a recommendation denying eligibility or may recommend an amount of compensation with which you disagree. You will have twenty (20) days to advise the Board in writing whether you accept the recommendation. You are entitled to a hearing before the Board. At the hearing you will be given an opportunity to submit proofs in support of your position.

The Board does not require that you appear at formal hearings with an attorney. You have the right, however, to be represented before the Board at all stages of proceedings by a New Jersey licensed attorney.

At the hearing you will be called upon to respond to questions from the Board’s legal counsel and the Board’s commissioners. You will have the opportunity to make a statement and question witnesses. There may be issues and questions for which legal advice would be beneficial.

If you decide to obtain an attorney, you must notify the Board within twenty (20) days of your hearing date. Your attorney must also send a letter to our Legal Department confirming that the attorney is representing you.

The Board does not assign or provide attorneys for you, but will be able to refer you for assistance. For further information, please contact the Board’s Victim Counseling Service at 201-648-2535.

For frequently asked questions about hearings, see Hearing Guidelines.

Right to Appeal

If, after the hearing, you are not in agreement with the Board’s determination, you can appeal the decision directly to the Appellate Division of the Superior Court within forty-five (45) days from the date the Board’s order is received.

For further information regarding the procedure for filing an appeal, you may contact the Appellate Division at 609-292-4822.

Victim Counseling Services

The Victim Counseling Service provides referral services for counseling and therapy to victims of violent crime. A listing of statewide resources is used to help victims obtain the services of various agencies, organizations and licensed psychotherapists in the victim’s immediate geographic area.

To obtain counseling services you must file a completed claim form and comply with VCCO regulations which are explained in the instructions. To specifically ask for counseling services, check the counseling request box and provide a phone number where you can be reached during our office hours.

The psychological needs of immediate family members of crime victims may also be met.

The VCCO can arrange for translation services to assist you in processing your claim. Please call ahead for an appointment to ensure the services of a translator.

More information about Victims of Violent Crimes Compensation Board

Contact a Personal Injury Attorney in New Jersey

Personal Injury Information

New Jersey VINE (Victim Information Notification Everyday)

admin — Thu, 12 Aug 2010 18:13:52 +0000

Providing crime victims peace-of-mind by knowing where their offenders are. This important information is only a phone call away at: 1-877-VINE-4-NJ

What will VINE do for me?

The New Jersey VINE Service will tell you if an offender is in custody in the State of New Jersey and will give you other important information. VINE will also let you register telephone numbers where you can be notified if an offender is released or transferred.

What do I need to do?

Register with VINE – Call toll-free 1-877-846-3465 from a touch-tone phone and follow the directions. Please have any of the following Offender information ready:
Offender Name_______________ Date of Birth_____________
SBI (State Bureau of Identification) Number__________________
Leave your number. If the offender is in custody, you can leave a phone number to be notified if there is a change in the offender’s status. Do not leave a phone number that is answered by a switchboard. Enter the area code, phone number followed by the pound (#) key.
Create a PIN. When the VINE Service asks, make up and enter a four-digit Personal Identification Number (PIN) that will be easy for you to remember. Write your PIN below for future reference. The New Jersey VINE service will ask for the PIN code
when it calls you.
My PIN is ___ ___ ___ ___ Date I Registered____________

VINE Facts

The offender will not know you are registered
If you are not at home, the New Jersey VINE Service will leave a message on an answering machine. If there is no answer, VINE will keep calling back un till you enter your PIN code or until 24 hours have passed.
Since the New Jersey VINE Service calls automatically when an offender’s custody status changes you may get a notification call in the middle of the night.
Do not leave a phone number with the New Jersey VINE Service that rings to a switchboard.
If you have caller ID, calls from VINE will display as from the 502 area code. If you any other call blocking/Interception device, please be aware that calls will not get through.
You can leave more than one phone number with New Jersey VINE Service.
The New Jersey VINE Service monitors offenders in the New Jersey’s County Jails, the New Jersey Department of Correction, New Jersey Juvenile Justice Commission and the New Jersey Parole Board.
Do not depend soley on the New Jersey VINE Service or any other single porgram for you protection. Make the New Jersey VINE Service part of your safety.

More information about Victims of Violent Crimes Compensation Board

Contact a Personal Injury Attorney in New Jersey

Personal Injury Information

Victims of Violent Crimes — Crime Victims Bill of Rights (NJS 52:4B-36)

admin — Wed, 11 Aug 2010 15:53:18 +0000

Without the participation and cooperation of crime victims and witnesses, the criminal justice system would cease to function. The rights of these individuals should be given full recognition and protection. The State has the responsibility to enhance and protect the necessary role of crime victims and witnesses in the criminal justice process. In furtherance of this, the improved treatment of these persons should be assured through the establishment of specific rights. These rights are among the most fundamental and important in assuring public confidence in the criminal justice system.

Crime victims and witnesses are entitled to the following rights:

A. To be treated with dignity and compassion by the criminal justice system

B. To be informed about the criminal justice process

C. To be free from intimidation

D. To have inconveniences associated with participation in the criminal justice process minimized to the fullest extent possible

E. To make at least one telephone call provided the call is reasonable in both length and location called

F. To medical assistance if, in the judgment of the law enforcement agency, medical assistance appears necessary

G. To be notified if presence in court is not needed

H. To be informed about available remedies, financial assistance and social services

I. To be compensated for their loss whenever possible

J. To be provided a secure, but not necessarily separate, waiting area during court proceedings

K. To be advised of case progress and final disposition

L. To the prompt return of property when no longer needed as evidence

M. To submit a written statement about the impact of the crime to a representative of the county prosecutor’s office which shall be considered prior to the prosecutor’s final decision concerning whether formal criminal charges will be filed

N. To make, prior to sentencing, an in-person statement directly to the sentencing court concerning the impact of the crime. This statement is to be made in addition to the statement permitted for inclusion in the presentence report by N.J.S. 2C:44-6. In any homicide prosecution the victim’s survivor may display directly to the sentencing court at the time of this statement a photograph of the victim taken before the homicide.

More information about Victims of Violent Crimes Compensation Board

Contact a Personal Injury Attorney in New Jersey

Personal Injury Information