(a) The victim advocate program provides the following types of aid to a crime victim:
(1) referral to community and governmental agencies that provide needed services;
(2) assistance in negotiating complex governmental systems;
(3) assistance in applying for compensation from the State Criminal Injuries Compensation Board, and in dealing with the Board’s investigation and hearing process;
(4) compensation for costs incurred by a victim who meets income limits set by regulation for court appearances, claim hearings, and medical (including mental health) treatment;
(5) replacement of property lost as a result of a crime and needed for the well-being of the victim, such as eyeglasses, hearing aids, door, windows, or locks of a victim who meets income limits set by regulation; and
(6) other services or financial assistance directly related to the effects of the crime on a victim who meets income limits set by regulation.
(b) (1) The victim advocate program may provide compensation to a victim under subsection (a)(4), replacement property under subsection (a)(5), and other financial assistance under subsection (a)(6) only to the extent that:
(A) ccompensation, replacement property, and other financial assistance are not available from insurance, the State victim compensation program, the Partnership Fund for victims of hate violence under Section 27-26, or any other source for the same purpose arising from the same criminal incident;
(B) the compensation, replacement property, and other financial assistance do not exceed an amount set by regulation; and
(C) appropriated funds are available.
(2) Regulations may set different limits for compensation, replacement property, or other financial assistance paid to a crime victim in connection with a single criminal incident.
(c) A victim must file a claim for compensation under subsection (a)(4) or for replacement of property under subsection (a)(5) within 90 days after the crime is reported. The program administrator may waive this deadline if the administrator determines that it was difficult or impossible for the victim to meet the deadline.
(d) A limit on compensation under this Section applies separately to each victim of a criminal incident. Compensation paid to an individual victim in connection with one criminal incident does not count toward the limit on compensation that the program may pay to the same individual in connection with a separate criminal incident.
(e) (1) A member of a victim’s immediate family or household may receive compensation for mental health services (including services provided by the County) related to the crime. "Immediate family" means a parent, child, spouse, or sibling of the victim. The administrator may require reasonable proof that a relationship qualifies under this subsection.
(2) Compensation provided under this subsection is subject to the same requirements and limitations as compensation provided to a victim, except that compensation under this subsection must not exceed a percentage of the maximum compensation available (for any purpose) to any victim under regulations referred to in subsection (b). The percentage is:
(A) 20 percent, if the member of the family or household meets income limits that apply to a victim; or
(B) 10 percent, if an authorized person waives the income limit under subsection (f)(2).
(f) The Director of Health and Human Services or the Director’s designee at or above the level of the program administrator may waive the income limits referred to in subsections (a)(4), (5), and (6) and (e)(2):
(1) if the Director or designee determines that the costs of the crime are likely to reduce the victim’s income below the income limits in the future; or
(2) for up to 10 percent of the maximum compensation (for any purpose) otherwise available to a victim, if the Director or designee determines that a waiver would promote the purposes of the Victim Advocate Program. (1987 L.M.C., ch. 4, § 1; 1998 L.M.C., ch. 25, § 1; , § 1.)
