N.H. Admin. Code § Jus 605.02

Current through Register No. 45, November 7, 2024

Section Jus 605.02 - Ineligibility

If any one or more of the following are true, the commission shall deny the claim for compensation in its entirety:

(a) The crime occurred before 11/2/1989, and the victim was neither a minor nor a victim of sexual assault;

(b) The primary victim did not suffer personal injury or death and incur expenses or liabilities totaling at least $100;

(c) The crime was not reported within 5 days of the crime unless good cause, which shall include but not be limited to the following, is shown:

(1) The victim's medical condition prevented him or her from making such a report;

(2) The victim's fear for his or her personal safety prevented the victim from making such a report;

(3) The victim's fear of retribution prevented him or her from making such a report; or

(4) The victim's emotional state or mental health prevented him or her from making such a report;

(d) There was no credible evidence for the commission to conclude that a crime resulting in personal injury or death actually occurred;

(e) The primary victim engaged in conduct that primarily contributed to his or her personal injury or death, including but not limited to, being a voluntary passenger in an impaired offender's vehicle knowing that the offender was impaired. Notwithstanding the foregoing, in the case of a primary victim who was a homicide victim whose conduct primarily contributed to his or her death, only, any dependent related victim who has not attained the age of 18 shall be eligible for compensation solely for mental health counseling pursuant to Jus 605.04;

(f) The primary victim committed a crime which caused or contributed to his or her personal injury or death;

(g) The primary victim was a victim of an inmate-on-inmate crime that occurred in a jail or prison;

(h) The primary victim failed to cooperate materially with law enforcement agencies without good cause such as fear of retaliation by or on behalf of the offender;

(i) The compensation would provide benefit or enrichment to the offender, as prohibited by RSA 21-M:8-j, V; and

(j) After applying available insurance and all other available collateral financial sources, there are no outstanding expenses to be paid or reimbursed.

N.H. Admin. Code § Jus 605.02

#4864, eff 7-13-90; amd by #5430, eff 7-1-92, EXPIRED: 7-1-98

New. #7117, eff 10-8-99, EXPIRED: 10-8-07

New. #9553, eff 9-25-09

Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12938, Effective 12/9/2019, Expires 12/9/2029.