N.J. Admin. Code § 13:75-9.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:75-9.2 - Restitution

(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.

(b) The Office shall notify the court immediately upon processing an application for compensation to advise the court of the Office's right to an award of restitution from an offender in accordance with N.J.S.A. 2C:44-2c(2).

1. If it is determined that an offender has already been sentenced by the court, the Office may, in its discretion, seek to re-open the judgment in order to obtain an order for restitution in the amount awarded as compensation.

N.J. Admin. Code § 13:75-9.2