reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 5 - EMERGENCY AWARDS › Section 13:75-5.2 - Stolen funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office may make an emergency award in
				an amount not to exceed $ 1,000 for compensation for funds stolen directly from
				the person of the victim, whether or not the victim suffered any personal
				injury, except in the case of a burglary, wherein no such award shall be
				made.
(b) Eligibility for an
				emergency award under the section is limited to those meeting the following
				conditions:
1. The victim is over 60 years of
				age or disabled as defined pursuant to the Federal Social Security Act,
				42 U.S.C. §
											416(i);
2. The victim's income in excess of Social
				Security benefits does not exceed the limits adopted by the Department of Human
				Services as the standard of need for the General Assistance program;
3. The victim has filed a police report
				indicating the amount of money stolen;
4. The victim has cooperated with
				investigative and prosecutorial authorities;
5. The victim has identified the source of
				the funds stolen;
6. The Office is
				satisfied that there are no other sources available to provide the victim with
				funds necessary to cover immediate costs of essential shelter, food, or medical
				expenses; and
7. The victim is the
				innocent victim of any one offense enumerated in
				52:4B-11,
				except burglary.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 5 - EMERGENCY AWARDS › Section 13:75-5.3 - De minimis award

Current through Register Vol. 56, No. 14, July 15, 2024
In addition to ordering the payment of compensation for
				  personal injury or death that resulted from the incidents specified at
				  N.J.S.A.
				  52:4B-11, the Office may order the payment of
				  ancillary expenses in connection with those incidents to compensate certain
				  victims, whether or not those victims suffered personal injury, as specified at
				  N.J.A.C.
				  13:75-5.2(b), in an amount
				  not to exceed $ 1,000.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 6 - CATASTROPHIC CLAIMS › Section 13:75-6.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A catastrophically injured crime victim
				is a person who has sustained a severe long-term or life-long personal injury
				as a direct result of the offense that formed the basis of the application for
				compensation.
(b) The Office may
				make one or more supplemental awards for the purpose of providing
				rehabilitative assistance and services to catastrophically injured crime
				victims determined eligible for compensation within provisions set by this
				section, notwithstanding the fact that said payments may, in the aggregate,
				exceed the statutory maximum award as provided in this chapter. There is no
				time limit to file a catastrophic application.
(c) Compensation under this section may be
				awarded in lump sum or periodic payments; however, any compensation awarded
				shall not exceed the actual cost of the rehabilitative services allowed in this
				section.
(d) Compensation under
				this section shall be awarded solely for rehabilitative services, which are
				those services restorative in nature commensurate with the medical needs of the
				victim and prescribed by a licensed provider to correct or substantially modify
				a crime-related physical or mental condition that has resulted in a significant
				impediment to the victim's ability to interact with others and carry on his or
				her normal life functions.
1. The
				rehabilitative service must be reasonably expected to eliminate or reduce such
				impediment and to promote or facilitate the accomplishment of long-term
				rehabilitation goals and intermediate rehabilitation objectives.
2. Expenses incurred in an emergency room or
				medical facility where remedial, acute, and recuperative care is required
				immediately or shortly after the crime victimization forming the basis of a
				claim for compensation, unless shown to be a rehabilitative service as defined
				in this section, are excluded from supplemental catastrophic compensation even
				though the victim may have been determined to be a catastrophically injured
				crime victim.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 6 - CATASTROPHIC CLAIMS › Section 13:75-6.2 - Eligibility determinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Eligibility
				for supplemental compensation for catastrophic injuries shall be based on the
				totality of the circumstances and in consideration of each of the following
				factors:
1. Whether the victim has suffered a
				significant and sustained reduction in his or her mental and physical
				functioning such that his or her ability to interact with others and carry on
				the normal functions of life has been dramatically altered;
2. Whether the victim's ability to work has
				been diminished to a material degree;
3. Whether the victim has been diagnosed with
				a physical or neuro-physical impairment and no fundamental or marked
				improvement in his or her crime-related condition can be reasonably
				expected;
4. The severity and
				debilitating nature of the personal injury including, but not limited to,
				conditions such as quadriplegia, paraplegia, loss of sight in both eyes, loss
				of hearing in both ears, or amputation of a major portion of an
				extremity;
5. Whether the injury
				has been diagnosed as permanent or long-term; and
6. Whether an extreme medical risk exists
				that has substantially increased functional impairment or risk of death if the
				medical services are not provided expeditiously.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 6 - CATASTROPHIC CLAIMS › Section 13:75-6.3 - Compensation benefits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to
				the individual monetary caps established by the Office in this chapter,
				compensation awarded to catastrophically injured crime victims shall not exceed
				a supplemental amount of $ 35,000 in out-of-pocket aggregate expenses.
1. The award of compensation for catastrophic
				injury related services shall be entered by the Office in addition to any award
				of compensation for which a crime victim may be found eligible if the victim
				had filed an application for non-catastrophic crime related injuries.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 7 - HEARING PROCEDURES › Section 13:75-7.1 - Request for hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After
				investigation of a claim has been completed, the victim/claimant shall be
				informed of the Office's decision in the matter and of his or her right to
				request a hearing before the Review Board by giving written or electronic
				notice to the Office within 45 days of receipt of the decision.
(b) If the victim/claimant fails to file a
				written or electronic notice within 45 days, and cannot demonstrate good cause
				for failure to do so, the appeal may be dismissed by the Review Board with
				prejudice.
(c) In any case where
				the victim is a minor or otherwise incompetent, appeals may be prosecuted on
				his or her behalf by the same persons authorized to file claims under
				13:75-3.1(c) and
				(d).
(d) Claimants may appeal any claim denied
				because the Office deemed the claim ineligible or, except as provided in (e)
				below, any denial of compensation in a claim otherwise deemed
				eligible.
(e) Claimants may not
				appeal any claim involving a decision by the Office to deny catastrophic injury
				benefits, or a decision involving compensation in a case where the Office has
				compromised with service providers.
(f) The Review Board, at its discretion, may
				decide an appeal on the papers submitted and not hold a formal hearing.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 7 - HEARING PROCEDURES › Section 13:75-7.3 - Subpoenas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Review
				Board shall issue subpoenas and subpoenas duces tecum, either at its own
				instance or upon written application of any party, made not less than 10 days
				prior to the hearing. The 10-day provision may be waived at the discretion of
				the Review Board.
(b) The
				victim/claimant may file an application for the issuance of a subpoena and the
				Board may issue the same upon a showing of necessity that the evidence sought
				constitutes an element of the claim. A claimant's application for subpoena
				shall be in writing, designating the names and addresses of witnesses, and/or a
				description of the documents, books, records, correspondence, papers, or any
				other evidence sought to be produced along with the location of those
				documents, books, records, correspondence, papers, or any other records
				necessary to the claim being heard.
(c) Where a subpoena is issued, service and
				witness mileage fees shall be paid by the Office. The mileage fee shall be the
				prevailing rate on the date of the appearance as established by the Department
				of the Treasury.
(d) The Review
				Board, at its own instance or on application in writing of the victim/claimant,
				shall take or cause to be taken affidavits or depositions of witnesses residing
				within or without the State, whenever, in its sole discretion, it deems such
				procedures necessary. The Review Board may set appropriate terms and conditions
				pertaining to the taking of affidavits or depositions. The requesting party
				shall bear the expense, however, where the Review Board enters an Order of
				Payment, the Office may consider said expense as a reasonable expense incurred
				for reimbursement purposes.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 7 - HEARING PROCEDURES › Section 13:75-7.4 - Decisions by the Review Board

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to
				be eligible for review by the Review Board, all evidence must have been filed
				with the Review Board. If the procedure listed in this subchapter is not
				followed, the Review Board may, in its discretion, delay its decision or a
				previously scheduled hearing until such time as the evidence to be considered
				by the Review Board is properly filed. All evidence must be filed at least 10
				days prior to the scheduled hearing.
(b) The Review Board shall render its
				decision within three months of receipt of all information necessary to render
				a final decision in the matter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 7 - HEARING PROCEDURES › Section 13:75-7.5 - Judicial review

Current through Register Vol. 56, No. 14, July 15, 2024
Appeals from the Review Board shall be taken directly to the
				  Appellate Division of the Superior Court pursuant to the rules set forth by the
				  Supreme Court of the State of New Jersey.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 8 - HUMAN TRAFFICKING › Section 13:75-8.1 - Human trafficking

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In
				addition to the compensation award services set forth in this chapter for crime
				victims, the Office shall award additional compensation awards for human
				trafficking victims, as defined at
				N.J.S.A.
				2C:13-8, for particular expenses incurred as
				a result of their victimization. Such expenses include, but are not limited to,
				expenses incurred for:
1. Record
				expungement;
2. Name
				change;
3. Social Security number
				change; or
4. Out-of-State
				relocation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 9 - RECOVERY › Section 13:75-9.1 - Moneys received from other sources

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In
				determining the amount of compensation to be awarded, the Office shall take
				into consideration amounts received or receivable from other sources by the
				victim, claimant, and/or his or her dependents as a result of the offense or
				occurrence giving rise to the application.
(b) Other sources, as used in this section,
				means any source of benefits or advantages that the claimant has received in
				lieu of economic loss or that is readily available to the claimant from,
				including, but not limited to:
1. The
				offender;
2. The government of the
				United States or any agency thereof, the State or any of its political
				subdivisions, or an instrumentality of two or more states;
3. Social Security, Medicare, and
				Medicaid;
4. State-required
				temporary non-occupational disability insurance;
5. Workers' Compensation;
6. Wage continuation programs of any
				employer;
7. Proceeds of a contract
				of insurance payable to the victim or claimant for any loss sustained because
				of the criminally injurious conduct; except that life insurance payments and
				private donations received by the dependents of the victim shall not be
				considered as other sources;
8. A
				contract providing prepaid hospital and other health care services or benefits
				for disability;
9. The net amount
				received by the victim or claimant in excess of $ 1,000 in any civil suit for
				damages;
10. All proceeds or
				recovery to any victim or claimant from any collateral action or claim based
				upon or arising out of the circumstances giving rise to victim/claimant's
				application for compensation; or
11. Restitution ordered to be paid directly
				to any victim or claimant as a result of the crime that formed the basis for
				the application for compensation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 9 - RECOVERY › Section 13:75-9.2 - Restitution

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If any
				victim or claimant is awarded restitution by a court in any criminal
				proceedings related to the crime that formed the basis of the application for
				compensation, the Office shall have the right to seek transfer of the
				restitution awarded to any victim or claimant from the Division of Parole, any
				county probation department, the Juvenile Justice Commission, and/or the
				Department of Corrections, up to the amount awarded as compensation.
1. Every victim and/or claimant seeking
				compensation from the Office shall provide written authorization permitting the
				Office to request the transfer of any court-ordered restitution payable to the
				victim and/or claimant to the Office, up to the amount awarded as compensation.
i. If the Office seeks the transfer of any
				court-ordered restitution payable to the victim and/or claimant, the Office
				shall provide written notice of such request to the court, the victim,
				claimant, and/or his or her representative, and the department, office, or
				agency responsible for collecting the court-ordered restitution from the
				offender.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 75 - NEW JERSEY VICTIMS OF CRIME COMPENSATION OFFICE › Subchapter 9 - RECOVERY › Section 13:75-9.3 - Subrogation/civil action recovery

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If any
				victim or claimant institutes any civil law suit or other action as a result of
				the incident giving rise to his or her application for compensation, the Office
				shall be given written notification of any such action. After receiving notice
				of a civil or other collateral action, the Office may, in its discretion:
1. Join in the action as a party plaintiff to
				recover the compensation it has awarded;
2. Reserve its rights until such time as the
				action has been completed; or
3.
				Upon resolution adopted by the Review Board, waive its rights under this
				section.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 77 - HUMAN TRAFFICKING SURVIVOR'S ASSISTANCE FUND › Subchapter 1 - GENERAL PROVISIONS › Section 13:77-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter prescribes rules for administration of the Human
				  Trafficking Survivor's Assistance Fund established by P.L. 2013, c. 51,
				  including the procedure and conditions for obtaining approval of a prostitution
				  offender program course pursuant to
				  2C:34-1.2.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 77 - HUMAN TRAFFICKING SURVIVOR'S ASSISTANCE FUND › Subchapter 1 - GENERAL PROVISIONS › Section 13:77-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and phrases, as used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
"Approved course" means a prostitution offender program
				  approved by the Attorney General pursuant to
				  2C:34-1.2 and this chapter.
"Approved provider" means a provider approved by the Attorney
				  General pursuant to
				  2C:34-1.2 and this chapter to
				  offer a prostitution offender program course.
"Director" means the Director of the Division of Criminal
				  Justice in the Department of Law and Public Safety or designee.
"Human Trafficking Survivor's Assistance Fund" or "Fund"
				  means the fund established by P.L. 2013, c. 51 (52:17B-238 ), administered by the
				  Attorney General.
"Offender" means a person convicted of an offense of engaging
				  in prostitution as a patron pursuant to
				  2C:34-1.b(1) and ordered to attend
				  a prostitution offender program.
"Prostitution offender program" means an instructional
				  program on prostitution and human trafficking schemes established pursuant to
				  2C:34-1.2 by a county or local
				  government entity, or by a nonprofit or other private provider on behalf of the
				  county or local government entity. The term also includes an instructional
				  program established by the State to be delivered through a nonprofit or other
				  private provider.
"Subsequent offender" means an offender convicted of an
				  offense of engaging in prostitution as a patron pursuant to
				  2C:34-1.b(1) more than once and
				  ordered to attend a prostitution offender program.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 77 - HUMAN TRAFFICKING SURVIVOR'S ASSISTANCE FUND › Subchapter 1 - GENERAL PROVISIONS › Section 13:77-1.3 - Distribution of funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Expenditures of monies from the Human Trafficking Survivor's Assistance Fund
				(Fund) may be made by the Director upon approval of the Attorney General in
				consultation with the Commission on Human Trafficking for purposes other than
				the fee to providers of a prostitution offender course pursuant to N.J.A.C.
				13:77-2, as follows:
1. Provision of services
				to victims of human trafficking;
2.
				Promotion of awareness of human trafficking;
3. Development, maintenance, revision, and
				distribution of a training course and other educational materials; or
4. To reimburse the costs of operation of
				educational or training problems in accordance with
				2C:34-1.2 and N.J.A.C. 13:77-2 and
				pursuant to
				2C:13-12.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 77 - HUMAN TRAFFICKING SURVIVOR'S ASSISTANCE FUND › Subchapter 1 - GENERAL PROVISIONS › Section 13:77-1.4 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
Any entity that receives funds pursuant to
				  N.J.A.C.
				  13:77-1.3 shall maintain detailed records of
				  all receipts and expenditures for a period of not less than three years. Each
				  county prosecutor or other law enforcement entity receiving such funds shall
				  submit an annual report to the Director identifying separately all receipts,
				  expenditures, and unexpended balances.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 77 - HUMAN TRAFFICKING SURVIVOR'S ASSISTANCE FUND › Subchapter 2 - PROSTITUTION OFFENDER PROGRAM › Section 13:77-2.1 - Application procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				application for approval or re-approval as a provider shall consist of, and be
				submitted in, the following manner:
1. A cover
				letter on the applicant's letterhead containing a request for approval and a
				description of the manner in which, and if known, the location(s) where the
				course will be provided, signed by the applicant or the applicant's chief
				executive officer, president, or individual of equal authority;
2. A written outline and full course text
				containing the minimum requirements set forth at
				N.J.A.C.
				13:77-2.3, which may be compiled by the
				provider or a commercially available product, a sample examination, and a list
				of reference materials;
3. Any
				visual and/or audio learning aid(s) that is/are to be utilized while
				administering an approved course. This shall include, but not be limited to,
				instructional videos, slide presentations, and computer programs;
4. A list of the names of all instructors
				employed by the provider or retained by the provider to teach the course,
				including qualifications to teach the elements specified in
				N.J.A.C.
				13:77-2.3(a). An approved
				provider shall notify the Attorney General, in writing, of any additions or
				deletions to the list;
5. Whether
				the provider will deliver the course in a language other than English, if
				necessary;
6. The minimum and
				maximum size of each class; and
7.
				If the provider is applying to operate a program on behalf of a county or local
				government, a written agreement with the government unit, including any
				resources or instructors to be provided by the county or
				municipality.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 77 - HUMAN TRAFFICKING SURVIVOR'S ASSISTANCE FUND › Subchapter 2 - PROSTITUTION OFFENDER PROGRAM › Section 13:77-2.2 - Duration of approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Attorney General's approval of a prostitution offender program course provider
				shall be documented by the issuance of a Letter of Approval to the
				provider.
(b) A Letter of Approval
				shall be valid for two years from the date of issuance, and shall expire on the
				last day of the month.
(c) An
				application for approval or re-approval of a course provider shall be submitted
				pursuant to
				N.J.A.C.
				13:77-2.1 at least 90 days prior to
				commencement of instruction or expiration of the current approval, as
				applicable.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 77 - HUMAN TRAFFICKING SURVIVOR'S ASSISTANCE FUND › Subchapter 2 - PROSTITUTION OFFENDER PROGRAM › Section 13:77-2.3 - Course requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Course
				materials and instruction shall include comprehensive information intended to
				increase the offender's awareness of:
1. The
				causes of prostitution and its relationship to human trafficking;
2. The health risks connected to
				prostitution, including the risk of transmittable diseases;
3. The consequences of convictions for
				prostitution or human trafficking, including penalties for subsequent
				convictions; and
4. The
				pervasiveness of human trafficking and the effects of human trafficking on its
				victims.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 77 - HUMAN TRAFFICKING SURVIVOR'S ASSISTANCE FUND › Subchapter 2 - PROSTITUTION OFFENDER PROGRAM › Section 13:77-2.4 - Verification of identity of offender

Current through Register Vol. 56, No. 14, July 15, 2024
The approved provider shall establish procedures to verify
				  the identity of the offenders enrolled in each course; including requiring
				  presentation of two forms of identification, one of which must contain a
				  photograph. Acceptable forms of identification include, but are not limited to,
				  a valid passport, state-issued driver's license, student identification
				  card.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 77 - HUMAN TRAFFICKING SURVIVOR'S ASSISTANCE FUND › Subchapter 2 - PROSTITUTION OFFENDER PROGRAM › Section 13:77-2.5 - Inspection of approved courses and providers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Attorney General or designee may
				inspect the records or facilities of any approved provider to verify compliance
				with this chapter. The Attorney General may require approved course providers,
				instructors, and applicants to attend periodic information sessions on human
				trafficking issues.
(b) Every
				approved course provider, by seeking and accepting approval to teach and/or
				administer an approved course, is deemed to have given consent, to the Attorney
				General or designee, to inspect any approved course without notice. Should the
				Attorney General or designee be denied entry to a course, the course shall be
				deemed null and void.
(c) Should
				any course be found to have been administered in a manner that is not in
				compliance with
				2C:34-1.2 and this chapter, that
				course shall be deemed null and void.
(d) Approved course providers shall file,
				with the Attorney General in a manner deemed appropriate by the Attorney
				General, notice of every course to be offered. Courses shall be held at fixed
				locations, and occur at regularly scheduled intervals, absent good cause. The
				notice shall include, but not be limited to, the course location address, which
				cannot be a post office box; name of the business or organization on whose
				property the course will take place; telephone number or email address; and
				date, start, and finish time of the course.
(e) Any changes in course dates, locations,
				or start times after the initial filing, shall be reported immediately to the
				Director. Changes in course locations or schedules shall not be made within
				three days, not counting weekends or legal holidays, of the scheduled course
				date, without prior written approval of the Director.
(f) The course provider shall notify
				offenders of any changes to program date, time, or location.
(g) Any approved course provider who fails to
				cooperate with the Attorney General or designee inspection of a course, or any
				other provision of this section shall be subject to suspension or revocation
				pursuant to
				N.J.A.C.
				13:77-2.6.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 77 - HUMAN TRAFFICKING SURVIVOR'S ASSISTANCE FUND › Subchapter 2 - PROSTITUTION OFFENDER PROGRAM › Section 13:77-2.6 - Intent to revoke provider approval/suspension/denial of approval; denial of re-approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Attorney General may revoke, suspend, or refuse to approve or re-approve a
				provider for failure to comply with any requirements of this chapter, or for
				good cause, including, but not limited to, fraud or misrepresentation in an
				application for approval or re-approval, or for administering or instructing
				courses or allowing an instructor to administer or instruct a course in a
				manner inconsistent with this chapter, or failing to promptly notify the courts
				of an offender's absence at a course.
(b) Any notice of intent to revoke or suspend
				a provider's approval, or deny a provider's application for approval or
				re-approval, shall be in writing from the Attorney General, stating the
				reason(s) and effective date thereof.
(c) Any provider whose approval was revoked,
				suspended, or denied by the Attorney General may seek future approval pursuant
				to N.J.A.C. 13:77-2.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 77 - HUMAN TRAFFICKING SURVIVOR'S ASSISTANCE FUND › Subchapter 2 - PROSTITUTION OFFENDER PROGRAM › Section 13:77-2.7 - Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Attorney
				General shall afford the applicant or approved provider an opportunity for
				reconsideration and to submit additional information or, in the case of a
				revocation, suspension, or denial of approval or re-approval, an explanation of
				corrective action taken and procedures instituted to prevent a recurrence. A
				request for such reconsideration shall be made in writing to the Attorney
				General within 15 days from the receipt of notice provided under
				N.J.A.C.
				13:77-2.5.
(b) If a request for reconsideration is
				timely received, the Attorney General shall set a date for submission of
				additional information and notify the parties of the time limit. The Attorney
				General or designee shall promptly review any additional information submitted
				and, upon verification of the information or corrective action taken, notify
				the provider of the Attorney General's final decision. The Attorney General or
				designee may conduct an informal fact finding conference to aid in making a
				determination.
(c) The provider may
				request a formal hearing by notifying the Attorney General in writing within 15
				days of receipt of the Attorney General's determination. Upon receipt of such
				notice, the Attorney General shall consider the matter a contested case. All
				hearings shall be held in accordance with the provisions of the Administrative
				Procedure Act,
				52:14B-1 et seq. and 52:14F-1 et
				seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 77 - HUMAN TRAFFICKING SURVIVOR'S ASSISTANCE FUND › Subchapter 2 - PROSTITUTION OFFENDER PROGRAM › Section 13:77-2.8 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Attorney
				General shall maintain administrative records of applications, approvals, and
				revocations of approvals for prostitution offender program providers and
				courses.
(b) Providers shall
				maintain and make available to the Attorney General or designee on request all
				course and offender participation records, including, but not limited to,
				records of all instructors who have taken part in approved course instruction,
				for a period of three years.
(c)
				The Attorney General shall make available to the public an annual list of
				approved course providers.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 77 - HUMAN TRAFFICKING SURVIVOR'S ASSISTANCE FUND › Subchapter 2 - PROSTITUTION OFFENDER PROGRAM › Section 13:77-2.9 - Notification

Current through Register Vol. 56, No. 14, July 15, 2024
The Attorney General shall make public the list of approved
				  course providers on the Department's public web site and such other public web
				  sites as the Attorney General determines to be appropriate. The Attorney
				  General shall also distribute the schedule of programs to the Commission and to
				  the courts through the Administrative Office of the Courts.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 77 - HUMAN TRAFFICKING SURVIVOR'S ASSISTANCE FUND › Subchapter 2 - PROSTITUTION OFFENDER PROGRAM › Section 13:77-2.10 - Notification from approved provider of offender compliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A provider shall notify the Director of
				failure on the part of an offender to remain at the course for its entirety and
				to complete any written tests during the course, to engage in disruptive or
				threatening behavior during a course, or failure to provide relevant
				identifying information. Such failure shall be considered non-compliance and
				shall result in a referral by the Director or designee to the sentencing court
				for appropriate action.
(b) The
				Director shall mail notice of non-compliance to the offender's address on the
				record of conviction, or a more recent address if the offender advised the
				provider of a change of address, and to the sentencing court.
(c) An approved provider shall notify the
				sentencing court and the Director of an offender's completion of a course
				within seven days of completion.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 77 - HUMAN TRAFFICKING SURVIVOR'S ASSISTANCE FUND › Subchapter 2 - PROSTITUTION OFFENDER PROGRAM › Section 13:77-2.11 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Penalties
				assessed against an offender or subsequent offender by the court at the time of
				conviction as provided for at
				2C:34-1.2, or any amendment
				thereto, shall be payable to the court each time the person is convicted of a
				relevant solicitation offense and ordered to attend the prostitution offender
				program for deposit in the Human Trafficking Survivor's Assistance
				Fund.
(b) Approved course providers
				shall submit invoices to the Attorney General on a monthly basis requesting
				reimbursement for each offender who completed a prostitution offender program
				course with that provider. Payment will be made from the monies available in
				the Human Trafficking Survivor's Assistance Fund, pursuant to
				52:17B-238, as provided in
				2C:34-1.2.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 77 - HUMAN TRAFFICKING SURVIVOR'S ASSISTANCE FUND › Subchapter 2 - PROSTITUTION OFFENDER PROGRAM › Section 13:77-2.12 - Data collection

Current through Register Vol. 56, No. 14, July 15, 2024
Course providers shall provide such additional data or
				  information as may be requested by the Director for use in evaluating,
				  supporting, analyzing, or otherwise compiling information concerning the
				  prostitution offender program.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 78 - ADMINISTRATION OF VICTIM AND WITNESS ADVOCACY FUND › Subchapter 1 - GENERAL PROVISIONS › Section 13:78-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this chapter govern the administration of the Victim and Witness Advocacy Fund, created pursuant to P.L. 1979, c. 396, § 2 (N.J.S.A. 2C:43-3.1a(6)(c) ), as amended by P.L. 1991, c. 329, § 3 and P.L. 1991, c. 329, § 20 (52:4B-43.1 ). This Fund is legislatively mandated to support the State Office of Victim-Witness Advocacy, county Offices of Victim-Witness Advocacy and other public entities with the development and provision of services to victims and witnesses of crimes, and for related administrative costs. Grant awards disbursed to other public entities according to this chapter shall be used to implement the legislative mandates and the Attorney General Standards to Ensure the Rights of Crime Victims, promulgated pursuant to 52:4B-44. The Director may award grants to public entities and not-for-profit organizations who provide specific direct services to victims and witnesses.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 78 - ADMINISTRATION OF VICTIM AND WITNESS ADVOCACY FUND › Subchapter 1 - GENERAL PROVISIONS › Section 13:78-1.2 - Legal authority

Current through Register Vol. 56, No. 14, July 15, 2024
The Director of the Division of Criminal Justice within the Department of Law and Public Safety is charged with the responsibility to establish rules deemed necessary to effectuate the purposes of the Fund under N.J.S.A. 2C:43-3.1a(6)(c) and 52:4B-43.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 78 - ADMINISTRATION OF VICTIM AND WITNESS ADVOCACY FUND › Subchapter 1 - GENERAL PROVISIONS › Section 13:78-1.3 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The rules contained in this chapter shall govern the allocation of moneys from the Victim and Witness Advocacy Fund to the county Offices of Victim-Witness Advocacy and other public entities pursuant to N.J.S.A. 52:4B-43.1b and shall govern the determination of public entities and not-for-profit organizations as eligible to apply for awards from a grant program to provide direct services to victims and witnesses of crimes pursuant to N.J.S.A. 52:4B-43.1c.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 78 - ADMINISTRATION OF VICTIM AND WITNESS ADVOCACY FUND › Subchapter 1 - GENERAL PROVISIONS › Section 13:78-1.4 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
"Act" means the provisions of 52:4B-43.1.
"Attorney General Standards" means the "Attorney General Standards to Ensure the Rights of Crime Victims," promulgated pursuant to 52:4B-44.
"Direct services" means the provision of assistance directly to victims and witnesses, including, but not limited to, one or more of the following as may be determined by the Director:
1. Shelter, food and clothing;
2. Medical and legal advocacy services;
3. 24-hour crisis response services and 24-hour hotlines;
4. Information and referral and community education;
5. Psychiatric treatment programs;
6. Expanded services for victim's families and significant others;
7. Short and long term counseling and support groups;
8. Emergency locksmith and carpentry services;
9. Financial services; or
10. Medical testing pursuant to 52:4B-44(c).
"Director" means the Director of the Division of Criminal Justice.
"Fund" means the Victim and Witness Advocacy Fund as set forth at 2C:43-3.1.
"Not-for-profit organization" means any corporation or other organization, organized under Title 15A of the New Jersey Revised Statutes or otherwise qualified for nonprofit tax exemption, under § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. §
										501(c)(3) ), providing direct services to victims or witnesses of crimes.
"Other public entity" means any law enforcement agency within any public corporation or political subdivision of this State or agency of local government of this State deemed eligible to receive funding for the implementation of the Attorney General Standards.
"Public entity" means any public corporation or political subdivision of this state or agency of local government of this state providing direct services to victims or witnesses of crimes.
"State Fiscal Year" or "SFY" means the fiscal year of the State of New Jersey, which begins on July 1 of a particular year and ends on June 30 of the following year.
"Victim" means a person who suffers personal physical or psychological injury or death or incurs loss of or injury to personal or real property as a result of a crime committed against that person, or in the case of a homicide, the nearest relative of the homicide victim.
"Witness" means a person who suffers personal physical or psychological injury or incurs loss of or injury to personal or real property or requires services as a result of the prosecution's intent to call the person to testify in any criminal matter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 78 - ADMINISTRATION OF VICTIM AND WITNESS ADVOCACY FUND › Subchapter 2 - ELIGIBILITY CRITERIA › Section 13:78-2.1 - Eligibility criteria

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Applicants for grant funding must demonstrate that they are a public entity or not-for-profit organization providing direct services. Eligibility will be determined pursuant to the criteria set forth at N.J.S.A. 52:4B-43.1c. Eligibility of a public entity or not-for-profit organization shall be determined by the Director, based upon the information contained in the application for a grant (13:78-3.1 ).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 78 - ADMINISTRATION OF VICTIM AND WITNESS ADVOCACY FUND › Subchapter 3 - APPLICATION FOR GRANTS BY ELIGIBLE PUBLIC ENTITIES AND ELIGIBLE NOT-FOR-PROFIT ORGANIZATIONS › Section 13:78-3.1 - Grant applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Public entities and not-for-profit organizations, which meet eligibility requirements shall submit an application, on forms prescribed by the Director, for a grant award from the Victim and Witness Advocacy Fund.
(b) Application forms and instructions may be obtained from the State Office of Victim-Witness Advocacy and shall be available after the Notice of Availability of Funds is published in the New Jersey Register.
(c) Application forms and related materials shall be completed, in full, and returned to the Director no later than the close of business on the due date indicated on the application.
(d) Each application for a grant project shall describe:
1. The need for project funding;
2. The purpose and duration of the project;
3. How the funding will be used to further the objectives; and
4. Indicators by which progress in achieving these objectives and the project purposes will be measured.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 78 - ADMINISTRATION OF VICTIM AND WITNESS ADVOCACY FUND › Subchapter 4 - FUNDING OF AWARDS › Section 13:78-4.1 - Amount of moneys available for grant awards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The amount of moneys available for awards each year is dependent upon the total amount collected and deposited into the Fund and designated by the State Treasurer as available for distribution.
(b) Moneys are available for expenditure during the State Fiscal Year (SFY) of the grant award.
(c) Approved expenditures may be reimbursed retroactively to the beginning of the SFY, even though moneys may not be awarded until later in the SFY.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 78 - ADMINISTRATION OF VICTIM AND WITNESS ADVOCACY FUND › Subchapter 5 - ALLOCATION AND DISBURSEMENT FROM FUND › Section 13:78-5.1 - Disbursing available moneys and grant awards from Victim and Witness Advocacy Fund

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Available moneys in the Fund first shall be allocated by the Director to provide complete funding for the State Office of Victim-Witness Advocacy within the Division of Criminal Justice, established pursuant to 52:4B-43, and shall be in an amount sufficient to provide for all salaries, support the development and provision of services to victims and witnesses of crimes, implement Statewide initiatives benefitting victims of crimes, related administrative costs and any other necessary operational expenses.
(b) After the allocation of moneys to the State Office of Victim-Witness Advocacy, grant funds may be offered, in the discretion of the Director, to any of the following:
1. County Offices of Victim-Witness Advocacy based on a formula, as determined by the Director, that may include a base amount, a county's population, crime rate and number of cases reviewed by the prosecutor's office;
2. Other public entities and for special projects or other purposes as the Director deems appropriate for implementing the Attorney General Standards; or
3. Eligible public entities and eligible not-for-profit organizations for a grant program to provide direct services to crime victims based upon the availability of funds.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 78 - ADMINISTRATION OF VICTIM AND WITNESS ADVOCACY FUND › Subchapter 5 - ALLOCATION AND DISBURSEMENT FROM FUND › Section 13:78-5.2 - Disbursement of moneys to State and grant awards to county Offices of Victim-Witness Advocacy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director shall determine the amount required to fund the State Office of Victim-Witness Advocacy and authorize use of moneys for this purpose.
(b) The Director shall determine the amount of grant awards that are disbursed to the county Offices of Victim-Witness Advocacy within each county prosecutor's office, established pursuant to N.J.S.A. 52:4B-44b and 52:4B-45.
1. Each county prosecutor shall provide the State Office of Victim-Witness Advocacy with a completed application for grant funds to supplement the operation of the county Office of Victim-Witness Advocacy on forms prescribed by the Director.
2. Each county prosecutor shall submit a certification executed by each of the following county officials: the county prosecutor; the chief executive or chief appointed official; the chief financial officer; and the county commissioner director or president. The certification shall state that they authorize the application and that the grants awarded from the Fund will be expended solely for the development, provision, and/or enhancement of services to victims and witnesses in accordance with legislative mandates or the Attorney General Standards and related administrative and training costs.
3. A county should expend a grant award in the local budget year in which it is received.
4. A grant award from the Fund may be withheld from a county until that county's governing body approves the county prosecutor's budget request for the county Office of Victim-Witness Advocacy.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 78 - ADMINISTRATION OF VICTIM AND WITNESS ADVOCACY FUND › Subchapter 5 - ALLOCATION AND DISBURSEMENT FROM FUND › Section 13:78-5.3 - Disbursement of grant awards to other public entities

Current through Register Vol. 56, No. 14, July 15, 2024
The State Office of Victim-Witness Advocacy shall review any funding applications submitted by other public entities, pursuant to N.J.S.A. 52:4B-43.1b, and make grant award recommendations to the Director. The Director may award grants to other public entities, pursuant to N.J.S.A. 52:4B-43.1b, and as deemed appropriate for the implementation of the legislative mandates and the Attorney General Standards.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 78 - ADMINISTRATION OF VICTIM AND WITNESS ADVOCACY FUND › Subchapter 5 - ALLOCATION AND DISBURSEMENT FROM FUND › Section 13:78-5.4 - Disbursement of grant awards to eligible public entities and eligible not-for-profit organizations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The State Office of Victim-Witness Advocacy shall review the funding application (N.J.A.C. 13:78-3 ) submitted by each eligible public entity and each eligible not-for-profit organization and shall make recommendations to the Director concerning the award of grant funds.
(b) At the discretion of the Director, grant funds may be awarded to eligible public entities and eligible not-for-profit organizations whose applications will satisfy the statutory criteria (N.J.S.A. 52:4B-43.1c ) to establish or enhance direct services to victims and witnesses.
(c) Grant awards from the Fund may be withheld by the Director from eligible public entities and eligible not-for-profit organizations who are awarded grants until all fiscal and programmatic reporting requirements are met.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 78 - ADMINISTRATION OF VICTIM AND WITNESS ADVOCACY FUND › Subchapter 5 - ALLOCATION AND DISBURSEMENT FROM FUND › Section 13:78-5.5 - Compliance with State and local laws

Current through Register Vol. 56, No. 14, July 15, 2024
Any public entity, receiving moneys for victim and witness assistance or advocacy from the Fund under this chapter, shall comply with and follow State of New Jersey procurement practices and procedures pursuant to the "Local Public Contracts Law," 40A:11-1 et seq., any rules promulgated and adopted thereunder, and any other controlling State or local laws or ordinances.