New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 40 - CRIME VICTIMS › Part 2 - COMPENSATION › Section 10.40.2.10 - LIMITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If expenses
				incurred by any victim/claimant exceed the maximum amount allowed by statute on
				the date of incident, the commission board shall decide the most appropriate
				method of distribution of reparations awarded, pursuant to the following
				guidelines.
B. A victims/claimant
				may shall be compensated in full, to the greatest extent possible, for debts
				for which they have expended personal funds, and reasonable compensation for
				lost wages unless requested otherwise by the victim/claimant. Unpaid service
				providers may receive a pro-rata distribution of any funds remaining after
				victims/claimant have been compensated in full for personal expenditures. The
				commission board may in its sole discretion determine that fair reparation has
				been paid to any service provider.
C. All victims/claimants should provide all
				necessary documentation to commission staff for the verification of all
				reimbursable expenses. This documentation must provide the name of payee, the
				name of payer, the amount paid, date of services, and indicate what service was
				provided. This documentation may include invoices, receipts and canceled
				checks. Affidavits and letters shall not be considered proper
				documentation.
D. Restitution and
				civil judgments may be considered a collateral source only when there is
				verification of payment by the offender or responsible party.
E. The commission may award reparation for
				funeral related expenses occasioned by an act or omission which includes a
				crime enumerated in Section
				31-22-8
				A NMSA 1978. Awards for funeral expenses shall not exceed six thousand dollars
				($6,000.00). Items not to be included for reimbursement are: food, clothing,
				items of value such as jewelry, saddles, etc. At the board's discretion, a
				restricted item may be waived.
F.
				The commission may award reparation for the loss of eyeglasses or contact
				lenses damaged as a result of an act or omission which includes a crime
				enumerated in Section
				31-22-8
				A NMSA 1978. Awards for eyeglasses or contact lenses shall not exceed three
				hundred fifty dollars ($350.00).
G.
				Loss of wages shall not be paid pursuant to this section unless the individual
				requesting loss of wages is employed at the time of the incident. A victim may
				be paid loss of wages for the time he/she is unable to work due to his/her
				injuries as certified by a licensed physician, psychologist, psychiatrist,
				dentist, master level therapist, nurse practitioner or physician's assistant. A
				victim or if the victim is a minor, loss of wages may be paid to a victim,
				parent, guardian, etc., who must take time off from their employment to
				transport himself or the victim to a physician, dentist, counselor or therapist
				or for investigative interviews and criminal justice proceedings. Loss of wages
				may be paid to the victim, claimant, and/or, in the case of a minor victim,
				guardian, for up to fourteen calendar days after the crime for a recovery
				period. Also, in the case of a deceased victim, up to fourteen calendar days
				will be allowed for the individual responsible for making funeral arrangements.
				No certification from a physician will be required for this period of time.
				Relatives, as defined in Section
				31-22-3 G,
				of a homicide victim are eligible for loss of wages for a recovery period of up
				to fourteen calendar days following the date of incident. An individual who
				assumes the duties of providing home health care to the victim, when this care
				is required by physician order, may be considered for loss of wages. In all
				instances of payment of loss of wages, Paragraph (1) of Subsection G of
				10.40.2.10 NMAC of these regulations must be followed. The board may consider
				special circumstances when payment of loss of wages will be in the best
				interest of the victim and/or claimant. Loss of wages may also be considered
				for the parent or guardian or caregiver of a minor if the board determines that
				it is in the best interest of the victim. If loss of wages are claimed, the
				following must be submitted for verification.
(1) Except as indicated above, a copy of a
				doctor's statement certifying that the victim is unable to work; or a doctor's
				statement included in a medical document, or medical documentation showing the
				inability of the victim to work. Hospitalization shall constitute grounds for
				paying loss of wages.
(2) a
				statement from the employer providing:
(a)
				the dates of work missed due to the incident;
(b) hourly wage;
(c) the average number of hours worked
				weekly; and
(d) any type of
				compensation received, such as sick leave, annual leave, unemployment, etc.;
				or
(3) if self-employed,
				or in the opinion of the commission staff, additional verification is required,
				the individual requesting loss of wages may sign a request for federal income
				tax account information to be sent directly to the agency; this request form
				will be provided by the crime victims reparation commission.