Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. Appointments can be scheduled at 732-572-0500. He is author of the ABA's book "Criminal Law Forms".
2053 Woodbridge Avenue - Edison, NJ 08817
http://www.njlaws.com/

Tuesday, February 14, 2017

Victims of Crime Compensation VCCO penalties

Victims of Crime Compensation VCCO penalties
  If you plead guilty to a criminal offense, in addition to fines and court costs you must pay a minimum Victims of Crime Compensation Agency assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty.

If you plead guilty to DWI in addition to fines and court costs you must pay a VCCO fine of$50.00.

New Jersey Victim’s of Crime Compensation Office
Victims of crime in New Jersey may be able to get monetary assistance from the NJ Victims of Crime Compensation Office (VCCO). The VCCO can pay for lost wages, medical expenses, counseling expenses, nursing care, child care, and funeral expenses to the degree that they are not covered by insurance, Medicare or Medicaid, Workers Compensation, or Charity Care. In other words, other sources of compensation must be used before VCCO can help. The kinds of crime that VCCO generally covers include assault, homicide, kidnapping, sexual assault, child abuse, domestic violence and other violent crimes.
If you are a victim or claimant (person filing for a victim or dependents of the victim) you must show that:
  Crime is eligible under the statute
  You are a resident of the State of New Jersey or the crime occurred in this State
  You have compensable financial losses as a result of the criminal act
  The crime was reported to law enforcement within 9 months, and you submitted an application within 3 years from the date of the crime. Consideration will be taken if “good cause” exists for delayed filing.
  You cooperated with police and prosecutor’s office. However, eligibility is not dependent upon conviction or prosecution of the offender.
  Insurance and other payment sources such as restitution paid by the offender will not cover the bills submitted.
  You did not contribute to your injuries, provoke the incident, and were not responsible for or participated in the crime that caused your injuries.
  You do not have any outstanding VCCO assessments imposed for convictions.
Source http://prosecutor.morriscountynj.gov/victim-witness/vcco/


Full statute below
2C:43-3.1 Victim, witness, criminal disposition, and collection funds      2.  a.  (1)  In addition to any disposition made pursuant to the provisions of N.J.S.2C:43-2, any person convicted of a crime of violence, theft of an automobile pursuant to N.J.S.2C:20-2, eluding a law enforcement officer pursuant to subsection b. of N.J.S.2C:29-2 or unlawful taking of a motor vehicle pursuant to subsection b., c. or d. of N.J.S.2C:20-10 shall be assessed at least $100.00, but not to exceed $10,000.00 for each such crime for which he was convicted which resulted in the injury or death of another person.  In imposing this assessment, the court shall consider factors such as the severity of the crime, the defendant's criminal record, defendant's ability to pay and the economic impact of the assessment on the defendant's dependents. 

   (2) (a)  In addition to any other disposition made pursuant to the provisions of N.J.S.2C:43-2 or any other statute imposing sentences for crimes, any person convicted of any disorderly persons offense, any petty disorderly persons offense, or any crime not resulting in the injury or death of any other person shall be assessed $50.00 for each such offense or crime for which he was convicted. 

   (b)  In addition to any other disposition made pursuant to the provisions of section 24 of P.L.1982, c.77 (C.2A:4A-43) or any other statute indicating the dispositions that can be ordered for adjudications of delinquency, any juvenile adjudicated delinquent, according to the definition of "delinquency" established in section 4 of P.L.1982, c.77 (C.2A:4A-23), shall be assessed at least $30.00 for each such adjudication, but not to exceed the amount which could be assessed pursuant to paragraph (1) or paragraph (2) (a) of subsection a. of this section if the offense was committed by an adult. 

   (c)  In addition to any other assessment imposed pursuant to the provisions of R.S.39:4-50, the provisions of section 12 of P.L.1990, c.103 (C.39:3-10.20) relating to a violation of section 5 of P.L.1990, c.103 (C.39:3-10.13), the provisions of section 19 of P.L.1954, c.236 (C.12:7-34.19) or the provisions of section 3 of P.L.1952, c.157 (C.12:7-46), any person convicted of operating a motor vehicle, commercial motor vehicle or vessel while under the influence of liquor or drugs shall be assessed $50.00. 

   (d)  In addition to any term or condition that may be included in an agreement for supervisory treatment pursuant to N.J.S.2C:43-13 or imposed as a term or condition of conditional discharge pursuant to N.J.S.2C:36A-1, a participant in either program shall be required to pay an assessment of $50.00. 

   (3)  All assessments provided for in this section shall be collected as provided in section 3 of P.L.1979, c.396 (C.2C:46-4) and the court shall so order at the time of sentencing.  When a defendant who is sentenced to incarceration in a State correctional facility has not, at the time of sentencing, paid an assessment for the crime for which he is being sentenced or an assessment imposed for a previous crime, the court shall specifically order the Department of Corrections to collect the assessment during the period of incarceration and to deduct the assessment from any income the inmate receives as a result of labor performed at the institution or on any work release program or from any personal account established in the institution for the benefit of the inmate.  All moneys collected, whether in part or in full payment of any assessment imposed pursuant to this section, shall be forwarded monthly by the parties responsible for collection, together with a monthly accounting on forms prescribed by the Victims of Crime Compensation Board pursuant to section 19 of P.L.1991, c.329 (C.52:4B-8.1), to the Victims of Crime Compensation Board. 

   (4)  The Victims of Crime Compensation Board shall forward monthly all moneys received from assessments collected pursuant to this section to the State Treasury for deposit as follows: 

   (a)  Of moneys collected on assessments imposed pursuant to paragraph a. (1): 

   (i)  the first $72.00 collected for deposit in the Victims of Crime Compensation Board Account, 

   (ii) the next $3.00 collected for deposit in the Criminal Disposition and Revenue Collection Fund, 

   (iii) the next $25.00 collected for deposit in the Victim Witness Advocacy Fund, and 

   (iv) moneys collected in excess of $100.00 for deposit in the Victims of Crime Compensation Board Account; 

   (b)  Of moneys collected on assessments imposed pursuant to paragraph a. (2) (a), (c) or (d): 

   (i)  the first $39.00 collected for deposit in the Victims of Crime Compensation Board Account, 

   (ii) the next $3.00 collected for deposit in the Criminal Disposition and Revenue Collection Fund, and 

   (iii) the next $8.00 collected for deposit in the Victim and Witness Advocacy Fund; 

   (c)  Of moneys collected on assessments imposed pursuant to paragraph a. (2) (b): 

   (i)  the first $17.00 for deposit in the Victims of Crime Compensation Board Account, and 

   (ii) the next $3.00 collected for deposit in the Criminal Disposition and Revenue Collection Fund, and 

   (iii) the next $10.00 for deposit in the Victim and Witness Advocacy Fund, and 

   (iv) moneys collected in excess of $30.00 for deposit in the Victims of Crime Compensation Board Account. 

   (5)  The Victims of Crime Compensation Board shall provide the Attorney General with a monthly accounting of moneys received, deposited and identified as receivable, on forms prescribed pursuant to section 19 of P.L.1991, c.329 (C.52:4B-8.1). 

   (6) (a)  The Victims of Crime Compensation Board Account shall be a separate, nonlapsing, revolving account that shall be administered by the Victims of Crime Compensation Board.  All moneys deposited in that Account shall be used in satisfying claims pursuant to the provisions of the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317 (C.52:4B-1 et seq.) and for related administrative costs. 

   (b)  The Criminal Disposition and Revenue Collection Fund shall be a separate, nonlapsing, revolving account that shall be administered by the Victims of Crime Compensation Board.  All moneys deposited in that Fund shall be used as provided in section 19 of P.L.1991, c.329 (C.52:4B-8.1). 

   (c)  The Victim and Witness Advocacy Fund shall be a separate, nonlapsing, revolving fund and shall be administered by the Division of Criminal Justice, Department of Law and Public Safety and all moneys deposited in that Fund pursuant to this section shall be used for the benefit of victims and witnesses of crime as provided in section 20 of P.L.1991, c.329 (C.52:4B-43.1) and for related administrative costs. 


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