New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 1 - GENERAL PROVISIONS › Section 13:75-1.4 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms shall have the following
				  meanings, unless the context clearly indicates otherwise.
"Child" means an unmarried person who is under 18 years of
				  age and includes a stepchild or an adopted child.
"Child care/day care services" means those services that
				  involve supervising and/or tending to the needs of a child or an adult who may
				  or may not have been physically injured as a result of a crime where such
				  services would enable a victim, spouse, surviving spouse of a deceased victim,
				  or guardian to continue employment rather than incur a loss of earnings because
				  of the need to provide care for an adult or minor victim or a dependent adult
				  or child of a victim. Also included are after care services for school-age
				  children for the period between school dismissal and the time a parent,
				  guardian, or one delegated the responsibility, picks up the child, and
				  before-care services for any additional period required prior to the start of
				  the school day.
"Claimant" means the person applying for compensation, who
				  may or may not also be the victim of the crime that forms the basis for the
				  application for compensation.
"Decedent" means a person who is deceased.
"Dependent" means:
1. A relative of a deceased victim who was wholly or
				  partially dependent upon the victim's income at the time of the victim's death
				  and shall include the child of a victim born after the victim's death;
				  and
2. A victim who relied upon an offender for financial
				  support.
"Direct victim" means the person who is injured or killed as
				  a result of a crime. In the case of criminal homicide, "direct victim" shall
				  also mean the spouse, parent, legal guardian, grandparent, child, sibling,
				  domestic or civil union partner of the decedent, or parent of the decedent's
				  child.
"Domestic help" means those services to the victim or
				  claimant that are not medically related. Domestic help includes those services
				  that provide needed day-to-day living support for the victim or claimant
				  because of injuries related to their victimization, including housecleaning,
				  laundry tasks, cooking, and companionship and provide assistance so that the
				  victim may take prescribed medicine and do simple therapeutic exercises.
"Family" means a spouse, parent, grandparent, stepfather,
				  stepmother, child, grandchild, great-grandchild, brother, sister, half-brother,
				  half-sister, or spouse's parents.
"Homicide survivor" in cases of homicide, a secondary victim
				  survivor shall be treated as a direct victim for purposes of counseling
				  only.
"Legal assistance" means assistance provided to a crime
				  victim in the enforcement of victims' rights in all:
1. Courts;
2. Family law matters, including, but not limited to, child
				  protection actions, divorce, custody, parenting time, child support,
				  emancipation, dependency, guardianship, and family reunification;
3. Obtaining protective and restraining orders;
4. Employment matters, including, but not limited to, wage
				  and hour claims;
5. Accessing public benefits;
6. Life planning; and
7. Any other situation for which an eligible crime victim
				  needs legal services related to the victimization.
"Office" means the Victims of Crime Compensation Office. The
				  Office is located at 50 Park Place, 5th Floor, Newark, NJ 07102.
"Other sources" means any source of money, benefits, or
				  advantages received or receivable by a claimant or victim, except that life
				  insurance payments and private donations received by the dependents of the
				  victim shall not be considered as other sources.
"Out-of-pocket expenses" means crime-related financial losses
				  for which the victim or claimant is responsible and for which there are no
				  other sources available to reimburse the losses.
"Person in close relationship" means 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; any person who
				  is no longer living 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; 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 any other person whom the Office deems, under all the
				  circumstances of a particular case, to have had a close personal relationship
				  with the direct victim.
"Personal injury" means actual bodily harm and includes
				  pregnancy and mental or emotional trauma.
"Relative" of any person means the person's spouse, parent,
				  grandparent, stepparent, child, grandchild, great-grandchild, brother, sister,
				  half-brother, half-sister, or parent of the person's spouse.
"Relevant evidence" means evidence having a tendency to prove
				  or disprove any fact of consequence to the determination of the action and that
				  is deemed to be admissible under the rules of evidence. It does not include
				  rumor, supposition, speculation, hearsay, or opinion, except as otherwise
				  deemed admissible under the rules of evidence.
"Restitution" means financial compensation for the injury,
				  losses, or damages incurred as a result of the crime, which is ordered by the
				  court at the time of the offender's criminal sentencing. Restitution paid
				  directly to a victim shall be considered an "other source" for purposes of
				  determining the amount of compensation to be allowed on any claim.
"Review Board" or "Board" means the Victims of Crime
				  Compensation Review Board established by
				  52:4B-3.2.
"Secondary victim" means any person who has sustained an
				  injury or pecuniary loss as a direct result of a crime committed upon any
				  member of the secondary victim's family or upon any person in close
				  relationship to such secondary victim.
"Victim" means a person who suffers personal, physical, or
				  psychological injury or death as a result of the conduct of another person who
				  commits against that person any of the offenses specified at
				  N.J.S.A.
				  52:4B-11, or an act by a juvenile that, if
				  committed by an adult, would constitute a violation of any of these offenses.
				  The term shall include, in the case of a criminal homicide or an act by a
				  juvenile that, if committed by an adult, would constitute a criminal homicide,
				  the spouse, parent, legal guardian, grandparent, child, sibling, domestic or
				  civil union partner of the decedent, or parent of the decedent's child.
"Victim's representative" or "representative" means any
				  person who represents or stands in the place of a victim or claimant for the
				  purpose of filing an application for compensation with the Office, including,
				  but not limited to, a spouse, parent, relative, guardian, dependent, heir, or
				  executor.