1. Subject to the definition of direct victim as provided in N.J.A.C. 13:75-1.27(d)(1),  a secondary victim means anyone who has sustained an injury or pecuniary loss as a direct result of a crime committed upon any member of said secondary victim's family or upon any person in close relationship to such secondary victim as the terms are, hereinafter, defined. 
   1. AFamily,@ as used herein, is defined as spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half brother, half sister, or spouse's parents. 
   2. APerson in close relationship,@ as used herein, is defined as:
      1. Any person, whether related by blood or adoption or not, who was actually domiciled with the direct victim on the date of the crime for which assistance is sought. 
      2. Any person who is no longer living together with the direct victim but who has the legal responsibility to care for a child they have in common by birth or adoption solely where the treatment or presence of said person is medically required for the successful treatment of the child. 
      3. Any person who has publicly announced his or her engagement to become married to the direct victim prior to the commission of the criminal act and who remains engaged to the direct victim at the time of the crime or, 
      4. Any other individual who the Board deems under all the circumstances of a particular case to have had a close personal relationship with the direct victim. 

         Secondary victims need not be present during the actual commission of the crime. 

2. (c)  In assessing the eligibility of secondary victims, the Board will be guided by N.J.S.A. 52:4B-10 and 18 and N.J.A.C. 13:75-1.6(d). 
3. Any loss for which the Board may reimburse a secondary victim or group of secondary victims, other than as provided by N.J.A.C. 13:75-1.27(d)(1), shall not exceed a maximum of $7,000.00. Subject to the limitation set forth in (f)(2), said maximum shall not apply to homicide claims.
4. Individual psychotherapy in the case of secondary victims shall not exceed 24 sessions per  secondary victim.  However, where said secondary victim was physically present at the scene of the crime as a witness or present immediately following its commission, the maximum individual counseling sessions permitted shall not exceed 30.  Other than as provided by N.J.A.C. 13:75-1.27(d)(1), in the case of any eligible death claim, the Board may authorize, subject to Board approval, an additional 15 counseling sessions for any secondary victim.  Said sessions shall not include initial evaluation or impartial examinations authorized by the Board.  Additionally, the Board shall award compensation for family group therapy sessions not to exceed 20 sessions wherein the victim and members of the victim's family, as it is defined under (a) 1 above, are counseled as one.  All costs for psychotherapy sessions will be subject to the provisions of  N.J.A.C. 13:75-1.27. 
5. Notwithstanding the date of the incident, for any application filed after January 1, 1999, in the case of a homicide, where both the victim and surviving spouse or cohabitant were employed at the time of the incident and providing support through their combined earnings to the household in which they resided together and as a direct result of the homicide the surviving spouse or cohabitant was required to leave a position of employment secured as of the date of the incident or secure a position with a lesser salary, loss of earnings may be awarded to the surviving spouse or cohabitant.  
   1. Loss of earnings may also be awarded to a secondary victim where said loss is solely related to the care of the direct victim during the direct victim's medically determined period of disability due to the criminal incident, which has resulted in the direct victim's incapacity to carry out reasonable and normal day-to-day functions.
   2. The maximum reimbursement for loss of earnings awarded shall not exceed a total of 104 weeks or the limitation set forth in (d) above, whichever is met first.

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