No order for the payment of compensation shall be made under section
10 of P.L.1971, c. 317 (C. 52:4B- 10)unless the application has
been made within two years after the date of the personal injury
or death or after that date upon determination by the board that
good cause exists for the delayed filing, and the personal injury
or death was the result of an offense listed in section 11 of P.L.1971,
c. 317 (C.52:4B-11) which had been reported to the police or other
appropriate law enforcement agency within three months after its
occurrence or reasonable discovery. The board will make its determination
regarding the application within six months of acknowledgment by
the board of receipt of the completed application and any and all
necessary supplemental information.
In determining the amount of an award, the board shall determine
whether, because of his conduct, the victim of such crime contributed
to the infliction of his injury, and the board shall reduce the
amount of the award or reject the application altogether, in accordance
with such determination; provided, however, that the board shall
not consider any conduct of the victim contributory toward his injury,
if the record indicates such conduct occurred during efforts by
the victim to prevent a crime or apprehend a person who had committed
a crime in his presence or had in fact committed a crime.
The board may deny or reduce an award where the victim has not
paid in full any payments owed on assessments imposed pursuant to
section 2 of P.L.1979, c. 396 (C. 2C:43-3.1) or restitution ordered
following conviction for a crime.
No compensation shall be awarded if:
- Compensation to the
victim proves to be substantial unjust enrichment to the offender
or if the victim did not cooperate with the reasonable requests
of law enforcement authorities unless the victim demonstrates
a compelling health or safety reason for not cooperating; or
- (Deleted by amendment,
P.L.1990, c. 64.)
- The victim was guilty
of a violation of subtitle 10 or 12 of Title 2A or subtitle
2 of Title 2C of the New Jersey Statutes, which caused or contributed
to his injuries; or
- The victim was injured
as a result of the operation of a motor vehicle, except as provided
in subsection c. or d. of section 11 of P.L.1971, c. 317 (C.
52:4B-11), boat or airplane unless the same was used as a weapon
in a deliberate attempt to run the victim down; or
- The victim suffered
personal injury or death while an occupant of a motor vehicle
or vessel where the victim knew or reasonably should have known
that the driver was operating the vehicle or vessel in violation
of R.S.39:4- 50, section 5 of P.L.1990, c.103 (C.39:3-10.13),
section 19 of P.L.1954, c. 236(C.12:7-34.19), section 3 of P.L.1952,
c. 157 (C. 12:7-46, subparagraph (b) of paragraph (2) of subsection
b. of N.J.S. 2C:20-2, subsection b. Of N.J.S. 2C:29-2 or subsections
b., c. or d. of N.J.S. 2C:20-10 or
- The victim has been
convicted of a crime and is still incarcerated; or
- The victim sustained
the injury during the period of incarceration immediately following
conviction for a crime.
Except as provided herein, no compensation shall be awarded
under this act in an amount in excess of $ 25,000.00, and all
payments shall be made in a lump sum, except that in the case
of death or protracted disability the award may provide for
periodic payments to compensate for loss of earnings or support.
Five years after the entry of an initial. determination order,
a claim for compensation expires and no further order is to
be entered with regard to the claim except for requests for
payment of specific out-of- pocket expenses received by the
Victims of Crime Compensation Agency prior to the expiration
of the five- year period except in those cases determined by
the board to be catastrophic in nature. No award made pursuant
to this act shall be subject to execution or attachment other
than for expenses resulting from the injury which is the basis
of the claim.
Compensation may be awarded in an amount not exceeding the
actual cost of a rehabilitative service of the type enumerated
in section 2 of P.L.1999, c.166 (C.52:4B-18.2).
The award may provide for periodic payments in the case of
protracted care or rehabilitative assistance.
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