A1085

An Act concerning compensation for victims of crime and amending P.L.2007, c.95.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.2007, c.95 (C.52:4B-3.2) is amended to read as follows:

2. a. There is hereby established in the Department of [the Treasury] Law and Public Safety the Victims of Crime Compensation [Agency] Office.

b. The chief executive officer of the Victims of Crime Compensation [Agency] Office shall be the [executive] director, who shall be appointed by the Governor, with the advice and consent of the Senate. The [executive] director shall serve at the pleasure of the Governor. The Governor may appoint an acting [executive] director to serve as chief executive officer of the Victims of Crime Compensation [Agency] Office, who may be the person serving as chairman of the Victims of Crime Compensation Board on the effective date of P.L.2007, c.95 (C.52:4B-3.2 et al.), and who shall serve as the [executive] director of the Victims of Crime Compensation [Agency] Office until [his] a successor is appointed and qualifies. The [executive] director shall, in consultation with the Review Board established pursuant to subsection c. of this section, develop, establish and supervise all practices and procedures of the [agency] office.

c. There is hereby established in the Victims of Crime Compensation [Agency] Office the Victims of Crime Compensation Review Board which shall be composed of five citizens, to be appointed by the Governor, with the advice and consent of the Senate, one of whom shall be designated chairman by, and serve as such at the pleasure of, the Governor. At least two members of the board shall, by training or experience, have expertise in the rights of crime victims. At least two members of the board shall have direct knowledge or experience related to the trauma of criminal victimization. At least one member shall have experience as a medical professional working with trauma victims. At least one member of the board shall be an attorney admitted to the practice of law in the State of New Jersey and who shall have practiced law in the courts of New Jersey for a minimum of five years. The purpose of the Victims of Crime Compensation Review Board shall be:

(1) to hear appeals of decisions of the Victims of Crime Compensation [Agency] Office involving issues of victim compensation;

(2) to consult with the [executive] director in developing, establishing and supervising all practices and procedures of the [agency] office;

(3) to review individual and supplemental awards to a victim or a victim's family in excess of $10,000 in the aggregate, and awards of attorney fees for legal representation to victims;

(4) to review, on at least a bi-monthly basis, information detailing the aggregate claims received and paid by the [agency] office, and the operations of the [agency] office; and

(5) to review and, if appropriate, approve any rules and regulations, standards, and maximum rates and service limitations for reimbursement proposed by the [agency] office.

d. All the functions of the Violent Crimes Compensation Board and the Victims of Crime Compensation Board are continued in the Victims of Crime Compensation [Agency] Office and the Victims of Crime Compensation Review Board. Whenever in any law, rule, regulation, judicial or administrative procedure or otherwise, reference is made to the Violent Crimes Compensation Board or to the Victims of Crime Compensation Board, the same shall mean and refer to the Victims of Crime Compensation [Agency] Office or the Victims of Crime Compensation Review Board, as the case may be.

e. For the purposes of this section, “medical professional" means a physician, physician assistant, advanced practice nurse, or registered nurse who is appropriately licensed by the State of New Jersey.

(cf: P.L.2007, c.95, s.2)

2. This act shall take effect immediately.

STATEMENT

This bill requires certain members of the Victims of Crime Compensation Review Board to have specific expertise. Under the bill, two members would be required to have expertise in the rights of crime victims, at least two members would be required to have direct knowledge or experience related to the trauma of criminal victimization, and at least one member would be required to have experience as a medical professional working with trauma victims.

The purpose of the board is to:

(1) hear appeals from decisions of the Victims of Crime Compensation Office involving issues of victim compensation;

(2) consult with the director regarding the practices and procedures of the office;

(3) review certain individual and supplemental awards to a victim or a victim’s family and awards of attorney fees for legal representation to victims;

(4) review information regarding office operations and claims received and paid by the office; and

(5) review and, if appropriate, approve any rules and regulations pertaining to reimbursement proposed by the office.

Under current law, members of the board are not required to have any background in or training pertaining to crime victims’ rights. The only requirement is that of the five citizens appointed by the Governor with the advice and consent of the Senate, at least one is required to be an attorney licensed in this State with five years of experience.

This bill provides that in addition to at least one attorney, the board would be comprised of:

(1) two members who have expertise in the rights of crime victims;

(2) at least two members who have direct knowledge or experience related to the trauma of criminal victimization; and

(3) at least one member who has experience as a medical professional working with trauma victims.

The bill defines “medical professional” as a physician, physician assistant, advanced practice nurse, or registered nurse who is appropriately licensed by the State of New Jersey.