42 U.S.C. § 10602 : US Code - Section 10602: Crime victim compensation

Search 42 U.S.C. § 10602 : US Code - Section 10602: Crime victim compensation

(a) Authority of Director; grants
(1) Except as provided in paragraph (2), the Director shall make
an annual grant from the Fund to an eligible crime victim
compensation program of 40 percent in fiscal year 2002 and of 60
percent in subsequent fiscal years of the amounts awarded during
the preceding fiscal year, other than amounts awarded for property
damage. Except as provided in paragraph (3), a grant under this
section shall be used by such program only for awards of
compensation.
(2) If the sums available in the Fund for grants under this
section are insufficient to provide grants of 40 percent in fiscal
year 2002 and of 60 percent in subsequent fiscal years as provided
in paragraph (1), the Director shall make, from the sums available,
a grant to each eligible crime victim compensation program so that
all such programs receive the same percentage of the amounts
awarded by such program during the preceding fiscal year, other
than amounts awarded for property damage.
(3) Not more than 5 percent of a grant made under this section
may be used for training purposes and the administration of the
State crime victim compensation program receiving the grant.
(b) Eligible crime victim compensation programs
A crime victim compensation program is an eligible crime victim
compensation program for the purposes of this section if -
(1) such program is operated by a State and offers compensation
to victims and survivors of victims of criminal violence,
including drunk driving and domestic violence for -
(A) medical expenses attributable to a physical injury
resulting from compensable crime, including expenses for mental
health counseling and care;
(B) loss of wages attributable to a physical injury resulting
from a compensable crime; and
(C) funeral expenses attributable to a death resulting from a
compensable crime;
(2) such program promotes victim cooperation with the
reasonable requests of law enforcement authorities;
(3) such State certifies that grants received under this
section will not be used to supplant State funds otherwise
available to provide crime victim compensation;
(4) such program, as to compensable crimes occurring within the
State, makes compensation awards to victims who are nonresidents
of the State on the basis of the same criteria used to make
awards to victims who are residents of such State;
(5) such program provides compensation to victims of Federal
crimes occurring within the State on the same basis that such
program provides compensation to victims of State crimes;
(6) such program provides compensation to residents of the
State who are victims of crimes occurring outside the State if -
(A) the crimes would be compensable crimes had they occurred
inside that State; and
(B) the places the crimes occurred in are States not having
eligible crime victim compensation programs;
(7) such program does not, except pursuant to rules issued by
the program to prevent unjust enrichment of the offender, deny
compensation to any victim because of that victim's familial
relationship to the offender, or because of the sharing of a
residence by the victim and the offender;
(8) such program does not provide compensation to any person
who has been convicted of an offense under Federal law with
respect to any time period during which the person is delinquent
in paying a fine, other monetary penalty, or restitution imposed
for the offense; and
(9) such program provides such other information and assurances
related to the purposes of this section as the Director may
reasonably require.
(c) Exclusion from income, resources, and assets for purposes of
means tests
Notwithstanding any other law (other than title IV of Public Law
107-42), for the purpose of any maximum allowed income, resource,
or asset eligibility requirement in any Federal, State, or local
government program using Federal funds that provides medical or
other assistance (or payment or reimbursement of the cost of such
assistance), any amount of crime victim compensation that the
applicant receives through a crime victim compensation program
under this section shall not be included in the income, resources,
or assets of the applicant, nor shall that amount reduce the amount
of the assistance available to the applicant from Federal, State,
or local government programs using Federal funds, unless the total
amount of assistance that the applicant receives from all such
programs is sufficient to fully compensate the applicant for losses
suffered as a result of the crime.
(d) Definitions
As used in this section -
(1) the term "property damage" does not include damage to
prosthetic devices, eyeglasses or other corrective lenses, or
dental devices;
(2) the term "medical expenses" includes, to the extent
provided under the eligible crime victim compensation program,
expenses for eyeglasses or other corrective lenses, for dental
services and devices and prosthetic devices, and for services
rendered in accordance with a method of healing recognized by the
law of the State;
(3) the term "compensable crime" means a crime the victims of
which are eligible for compensation under the eligible crime
victim compensation program, and includes crimes, whose victims
suffer death or personal injury, that are described in section
247 of title 18, driving while intoxicated, and domestic
violence; and
(4) the term "State" includes the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
and any other possession or territory of the United States.
(e) Relationship to certain Federal programs
Notwithstanding any other law, if the compensation paid by an
eligible crime victim compensation program would cover costs that a
Federal program, including the program established under title IV
of Public Law 107-42, or a federally financed State or local
program, would otherwise pay, - (!1)
(1) such crime victim compensation program shall not pay that
compensation; and
(2) the other program shall make its payments without regard to
the existence of the crime victim compensation program.