3 Miss. Code. R. 1-03-307

Current through December 10, 2024

Section 3-1-03-307 - Relocation Assistance

1. Upon referral and certification by a certified/regulated domestic violence shelter director or representative from said agency or entity, relocation assistance may be available for domestic violence victims who have an immediate need for relocation assistance in order to escape from a domestic violence environment if it is determined that the victim is in imminent danger.

2. For the purposes of this rule, domestic violence shall mean the following acts:

a. Simple or aggravated assault as defined in Section 97-3-7 of the Mississippi Code;

b. Sexual battery as defined in Section 97-3-95 of the Mississippi Code;

c. Rape as defined in Section 97-3-65 of the Mississippi Code;

d. Stalking as defined in Section 97-3-107 of the Mississippi Code;

e. Kidnapping as defined in Section 97-3-53 of the Mississippi Code; or

f. Cyberstalking as defined in Section 97-45-15 of the Mississippi Code provided that these acts have occurred between current or former spouses, persons living as spouses or who formerly lived as spouses, family members related by blood or marriage who reside with each other or who formerly resided with each other, persons with a child in common, or persons in a current or former dating relationship.

3. The following factors will be considered to determine if "imminent danger" exists:

a. The nature of the crime;

b. The amount of danger the offender poses to the victim and/or the victims family.

c. Prior acts or threats by the offender;

d. The level of the threat or action that may create the "imminent danger";

e. Any other relevant factors, including, but not limited to, whether an order of protection or restraining order exists, or the opinion(s) of the investigating law enforcement officer, the prosecuting attorney or representative for said agency or entity.

4. Relocation assistance expenses considered for payment include the following: rental deposit, rent for the first month, utilities deposit (electric/gas/water) and utilities (electric/gas/water) for the first month, telephone deposit (basic service and caller ID), telephone connection/activation fees, moving company fees, moving van rental fees, vehicle rental fees (car, truck, etc.), gasoline for rental vehicle, personal vehicle mileage (.35 per mile), long distance transportation (including bus, train, airfare), lodging (hotel/motel) while in transit not to exceed $80.00 per day, and meal expenses during relocation not to exceed $30.00 per day. If more than one eligible person is relocating, meal expenses may not exceed $50.00 per day in the aggregate. Justification for relocation assistance expenses other than those listed above must be submitted, in writing, as being necessary. These expenses will be considered on a case-by-case basis.

5. In order for an award to be granted to a victim for relocation assistance:

a. The domestic violence offense must have been reported to law enforcement as required in § 202 and there must be evidence to support the commission of a violent crime;

b. The victim must be referred and their need certified by a domestic violence shelter. The domestic violence shelter must be certified by the Mississippi Coalition Against Domestic Violence or regulated by the Mississippi Department of Health (MDH). Exception: If the victim goes to a shelter in a surrounding state, the request for assistance will be considered if the domestic violence shelter is certified/regulated by an authorized entity in that state. Each of these requests will be considered on a case by case basis;

c. The domestic violence shelter must assert that the victim is cooperating with law enforcement officials and other officials in the investigation and prosecution of the offender. This requirement may be waived if there is compelling health or safety reasons that would jeopardize the well being of the victim/claimant. See § 207 (4);

d. The victim must be deemed in imminent danger. See § 102 (8) and § 307 (3);

e. Documentation from the domestic violence shelter must be submitted that indicates the victim has developed a safety plan; and f. In addition, any other requirements/limitations as discussed further in this chapter must be met/apply.

6. The victim has the ultimate responsibility for providing the following information and documentation to support eligibility and benefit payment:

a. Victim Compensation application;

b. Domestic Violence Relocation Certification form completed and signed by the referring/certifying agency/entity representative as specified in § 307 (1);

c. Domestic Violence Relocation Victim Affirmation form completed and signed by the victim and the referring/certifying agency/entity representative as specified in § 307 (1);

d. Lease/rental agreement copy (when applicable); and

e. Relocation expense receipts and other supporting documentation as needed.

7. The victim/claimant must otherwise qualify for victim compensation before any award can be considered.

8. Upon receipt of the claim application, Division staff will request law enforcement information from appropriate law enforcement agency.

9. A protective order for domestic violence will not be accepted as proof of a domestic violence offense. In addition, a violation of the protective order will not be accepted as proof of a domestic violence offense, unless domestic violence occurred at the time of the protective order violation and is documented by a law enforcement offense report.

10. If the victim did not reside in an identifiable abode or was considered homeless or transient at the time of the victimization she or he will not be considered for relocation assistance. The only exception is when the offense report clearly states the victim is residing in a structure designed for sleeping or housing. Such structures would include tents, boats, motor homes, campers, and hotels.

11. By signing the Relocation Assistance Victim Affirmation form, the victim certifies the following:

a. That she or he and the offender are not residing together and she or he does not intend to reside with the offender in the future; and

b. That she or he will cooperate with all phases of involvement with law enforcement officials and prosecution officials (see § 307 [5][c] for exception).

12. Additional information and supporting documentation may be required on an as needed basis for further determination of expense eligibility.

13. Limitations for relocation assistance include, but are not limited to the following:

a. Relocation assistance benefits may not be used as a deposit to purchase a home.

b. Compensation for relocation assistance may not exceed Two Thousand Dollars ($2,000.00).

c. A second claim request for relocation assistance benefits will not be paid.

d. Expenses for family members, friends, or acquaintances associated with the victims move will not be paid. An exception may be made for mileage expenses. Mileage expenses will be considered on a case by case basis; these expenses must be reasonable and necessary as determined at the discretion of the Director.

e. Travel to the relocation location must be at least forty-five (45) miles one way, from the victim's/claimant's residence, to receive mileage reimbursement.

f. Expenses for personal time (lost wages) for packing and moving will not be paid.

g. Relocation Assistance benefits will only be considered for approval when other relocation assistance (i.e. domestic violence shelter) has been sought, but for circumstances beyond the control of the victim and the referring domestic violence shelter, other relocation assistance is not available.

h. Due or overdue utility expenses for a residence the victim is leaving to move to the "relocated" residence are not eligible for reimbursement.

3 Miss. Code. R. 1-03-307