State Agency Crime Victim Compensation Program - New York

Created in 1967 as an executive branch agency, the board consists of five full-time members appointed by the governor with the advice and consent of the senate. Not more than three members of the board may be from the same party, and three board members must be lawyers. The program operates through offices in New York City, Albany, and Buffalo. Board members: Joan Cusack (chair), Lorraine Felegy, Christina Hemandez, Charles Marotta, Jacqueline Mattina FUNDING The program receives an annual appropriation from the Criminal Justice Improvement Account, a special revenue fund that comes in part from mandatory surcharges and crime victim assistance fees. The program also receives an annual VOCA grant. ELIGIBILITY REQUIREMENTS Reporting period: 7 days Filing period: 1 year Exceptions: Good cause waiver; in claims involving sex offenses or family offenses, police report must be filed within reasonable time considering all circumstances, including victim's condition and family situation Financial hardship: Means test applied only if claimed expenses exceed $5,000 PROCEDURES A one-page claim form is sent to the Albany office, where data entry is performed and an acknowledgement letter and two-page affidavit/ application are sent to the applicant. A claim specialist gathers the necessary documentation, verifies any losses, and makes a recommendation to the assigned board member, who then makes a decision on the claim. Appeals: The applicant has 30 days to appeal, in which case 3 board members other than the original decision maker are assigned to review the case. If the claimant wishes to appear personally, a hearing is scheduled. Otherwise the claimant may submit any additional documentation and the file is reviewed by 3 board members and a final decision rendered. A further appeal may be taken into the slate court system. BENEFITS Maximum award: No maximum for medical expenses; various maximums for other expenses Compensable Costs (with limits) Medical expenses: no maximum; workers compensation fee schedule used as guidelines Mental health counseling: workers compensation fee schedule as guidelines Lost wages/support: $30,000 Funerals: $6,000 Moving expenses: if medically necessary Crime-scene cleanup: $2,500 Property loss/security: $500 for essential personal property, including $100 cash loss, and for replacement of locks and doors for security Travel: to medical providers and for necessary court appearances Vocational rehabilitation Attorney fees: $1,000 Emergency: $1,500 New York