Section 21-M:8-h Claimant Eligibility; Compensation.
I. (a) Victims eligible for compensation are:
(1) Any person who sustains personal injury as a result of a felony or misdemeanor;
(2) Any person who sustains personal injury caused by a person driving under the influence of alcohol or controlled substances;
(3) Any person who is a victim of sexual abuse and is under the age of 18 at the time the claim is filed.
(b) In the case of a child victim, the claimant, guardian ad litem, advocate or parent may claim compensation in the victim's stead. If the victim is incompetent or in the case of a victim's death as a direct result of the crime, the immediate family of the victim is eligible to claim compensation. In this section, immediate family of the victim shall include the surviving partner in a civil union. In the case of a victim's disability as a direct result of the crime, the victim's legal representative may claim compensation in the victim's stead.
(c) A family member of a law enforcement officer, an inmate at a state or county correctional facility, and an individual who is not a citizen of the United States or who is not a legal alien shall be considered victims eligible for compensation under this section.
II. The claimant, guardian ad litem or child advocate, or parent may file a claim for compensation within 2 years of the crime, unless good cause is shown.
III. A claimant shall not be deemed ineligible for compensation based solely upon failure to apprehend the offender, or based solely upon failure of the state to obtain a conviction against the offender, providing there is reasonable evidence to sustain the claim that a crime had been committed which resulted in injury to the victim.
IV. The commission may consider the finding of innocence or guilt of the alleged offender in arriving at their determination of eligibility of the claimant. In determining eligibility and the amount of compensation to be awarded, the commission shall consider the contributory fault of the victim in causing his injury. If compensation is paid to members of the accused's immediate family, or persons who reside with or who have maintained a continuous relationship with the accused, the accused shall receive no benefit or enrichment as a result of payment of such compensation.
V. The claimant may be reimbursed for reasonable out-of-pocket expenses, medical expenses, funeral expenses, counseling expenses, rehabilitative expenses, expenses associated with the victim's participation in post-conviction proceedings and victim-offender dialogue programs or other restorative justice programs, and lost wages directly resulting from the crime. No reimbursement shall be paid unless the claimant has incurred reimbursable expenses of at least $100. There shall be a $25,000 maximum recovery per claimant per incident. If expenses paid through the victims' assistance program fund are later covered by insurance settlements, civil suit settlements, or restitution, or through any other source, the claimant shall reimburse the fund for the amount of expenses recovered.
V-a. Notwithstanding any right by a victim to claim restitution or a court order for restitution under RSA 651:62-67, a victim shall be eligible for compensation under this section.
VI, VII. [Repealed.]
Source. 1989, 417:2, 8. 1992, 220:6, I. 1993, 131:1. 1994, 394:1, eff. June 10, 1994. 1996, 286:1-3, eff. July 1, 1997. 2009, 240:1, 2, eff. Sept. 14, 2009.