§ 631 — Awards

New York § 631

• Jurisdiction: New York
• Law EXC: Executive
• Art. 22: Office of Victim Services

Text

§ 631. Awards. 1. (a) No award shall be made unless the office finds\nthat: (i) a crime was indicated by the records of a support agency for\nsurvivors of crime or the records of a criminal justice agency; (ii)\nsuch crime directly resulted in personal physical injury to or the\nexacerbation of a preexisting disability, or condition, or death of, the\nvictim; and (iii) the records of a support agency for survivors of crime\nor the records of a criminal justice agency show that such crime was\nreported.\n (b) For the purposes of this subdivision, "criminal justice agency"\nshall include, but not be limited to, a police department, a district\nattorney's office, and any other governmental agency having\nresponsibility for the enforcement of the criminal laws of the state.\n (c) For the purposes of this subdivision a "support agency for\nsurvivors of crime" or any derivative term thereof shall include:\n (i) a governmental agency responsible for child and/or adult\nprotective services pursuant to title six of article six of the social\nservices law and/or title one of article nine-B of the social services\nlaw, and any medical facility established under the laws of the state\nthat provides a forensic physical examination for victims of rape and\nsexual assault; or\n (ii) in cases involving any sex offense or family offense a support\nagency for survivors of crime shall also include a family court; or\n (iii) in cases where a physically injured claimant and/or victim is\nunable to report to or otherwise cooperate with a criminal justice\nagency because of the victim's age, physical condition, psychological\nstate, cultural or linguistic barriers, or any other health or safety\nconcern that jeopardizes the victim's wellbeing, a support agency for\nsurvivors of crime shall also include:\n (A) a court which issued a temporary or permanent restraining order or\nprotective order against the party or parties alleged to have committed\nthe crime against the victim, or\n (B) a "victim services provider" which shall mean a city or state\ncontracted victim service provider who has provided services to the\nvictim of the crime, or other eligible claimants as identified in\nsection six hundred twenty-four of this article, or a licensed medical\nor mental health services provider providing care to a victim of crime\nwithin their licensed discipline and who can attest that the victim of a\ncrime suffered a personal physical injury related to or connected to the\ncrime upon which the claim is based.\n 1-a. No award shall be made for a frivolous lawsuit unless the office\nfinds that the victim has been awarded costs pursuant to section\neighty-three hundred three-a of the civil practice law and rules and the\nindividual responsible for the payment of costs is unable to pay such\ncosts provided, however, that in no event shall the amount of such costs\nexceed two thousand five hundred dollars.\n 1-b. Where supporting evidence under subdivision one of this section\nis provided by any victim services provider, pursuant to clause (B) of\nsubparagraph (iii) of paragraph (c) of subdivision one of this section,\n(a) a provider which is a city or state contracted victim service\nprovider shall attest that (i) such provider and any entity associated\nwith such provider does not have a pecuniary interest in the outcome of\nthe claim, but if so, (ii) a referral shall be made from such provider\nand any entity associated with such provider immediately upon the\ndecision of the office, and (iii) it is understood that no contractual\nreimbursements or other payments shall be made by the office to the\nprovider and any entity associated with such provider for any crime\nrelated services provided to that victim after such decision by the\noffice, and (b) all victim services providers, pursuant to clause (B) of\nsubparagraph (iii) of paragraph (c) of subdivision one of this section\nshall also attest that the victim's injuries are the result of a crime.\n 1-c. In the event that inconsistent reports among two or more support\nagencies for survivors of crime exist for the same incident, the office\nshall consider the totality of the circumstances among all reports in\nthe light most favorable to the victim and/or claimant, in order to\naccomplish the purpose of this article.\n 2. Any award made pursuant to this article shall be in an amount not\nexceeding out-of-pocket expenses, including indebtedness reasonably\nincurred for medical or other services necessary as a result of the\ninjury upon which the claim is based; loss of earnings or support\nresulting from such injury not to exceed thirty thousand dollars; loss\nof savings not to exceed thirty thousand dollars; burial expenses not\nexceeding twelve thousand dollars of a victim who died on or after\nNovember first, nineteen ninety-six as a direct result of a crime; the\ncosts of crime scene cleanup and securing of a crime scene not exceeding\ntwenty-five hundred dollars; reasonable relocation expenses not\nexceeding twenty-five hundred dollars; reasonable employment-related\ntransportation expenses, not exceeding twenty-five hundred dollars and\nthe unreimbursed cost of repair or replacement of articles of essential\npersonal property lost, damaged or destroyed as a direct result of the\ncrime. An award for loss of earnings shall include earnings lost by a\nparent or guardian as a result of the hospitalization of a child victim\nunder age eighteen for injuries sustained as a direct result of a crime.\nIn addition to the medical or other services necessary as a result of\nthe injury upon which the claim is based, an award may be made for\nrehabilitative occupational training for the purpose of job retraining\nor similar employment-oriented rehabilitative services based upon the\nclaimant's medical and employment history. For the purpose of this\nsubdivision, rehabilitative occupational training shall include but not\nbe limited to educational training and expenses. An award for\nrehabilitative occupational training may be made to a victim, or to a\nfamily member of a victim where necessary as a direct result of a crime.\nAn award for employment-related transportation expenses shall be limited\nto the time period necessary due to the personal physical injuries\nsustained as a direct result of the crime upon which the claim is based,\nas determined by the medical information collected during the\ninvestigation of the claim.\n 3. Any award made for loss of earnings or support shall, unless\nreduced pursuant to other provisions of this article, be in an amount\nequal to the actual loss sustained, provided, however, that no such\naward shall exceed six hundred dollars for each week of lost earnings or\nsupport. Awards with respect to livery operator victims pursuant to\nparagraphs (f) and (g) of subdivision one of section six hundred\ntwenty-seven of this article shall be granted in the amount and in the\nmanner provided therein. The aggregate award for all such losses\npursuant to this subdivision, including any awards made pursuant to\nparagraphs (f) and (g) of subdivision one of section six hundred\ntwenty-seven of this article, shall not exceed thirty thousand dollars.\nIf there are two or more persons entitled to an award as a result of the\ndeath of a person which is the direct result of a crime, the award shall\nbe apportioned by the office among the claimants.\n 3-a. Any award made for loss of savings shall, unless reduced pursuant\nto other provisions of this article, be in an amount equal to the actual\nloss sustained.\n 4. Any award made pursuant to this article shall be reduced by the\namount of any payments received or to be received by the claimant as a\nresult of the injury (a) from or on behalf of the person who committed\nthe crime, (b) under insurance programs mandated by law, (c) from public\nfunds, (d) under any contract of insurance wherein the claimant is the\ninsured or beneficiary, (e) as an emergency award pursuant to section\nsix hundred thirty of this article. Notwithstanding the foregoing, where\nthe person injured is a livery operator victim, because undue hardship\nmay result to the claimant if immediate payment is not made, any award\npursuant to paragraphs (f) and (g) of subdivision one of section six\nhundred twenty-seven of this article shall be granted without reduction\nfor workers' compensation benefits to be received, if any.\n 5. (a) Except as provided in paragraph (g) of this subdivision, in\ndetermining the amount of an award, the office shall determine whether,\nbecause of such victim's conduct, the victim of such crime contributed\nto the infliction of such victim's injury, and the office shall reduce\nthe amount of the award or reject the claim altogether, in accordance\nwith such determination.\n (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the office shall disregard for this purpose the\nresponsibility of the victim for such victim's own injury where the\nrecord shows that the person injured was acting as a good samaritan, as\ndefined in this article.\n (c) Notwithstanding any inconsistent provision of this article, where\nthe person injured acted as a good samaritan, the office may, without\nregard to the financial difficulty of the claimant, make an award for\nout-of-pocket losses. Such award may also include compensation for any\nloss of property up to five thousand dollars suffered by the victim\nduring the course of such victim's actions as a good samaritan.\n (d) Notwithstanding any inconsistent provision of this article, where\na person acted as a good samaritan, and was killed as a direct result of\nthe crime, the office may, without regard to the financial difficulty of\nthe claimant, make a lump sum award to such claimant for actual loss of\nsupport not to exceed thirty thousand dollars.\n (e) Notwithstanding any inconsistent provision of this article, where\na police officer or firefighter, both paid and volunteer, dies from\ninjuries received in the line of duty as a direct result of a crime, the\noffice may, without regard to the financial difficulty of the claimant,\nmake an award for the unreimbursed counseling expenses of the eligible\nspouse, domestic partner, parents, siblings or children of such victim,\nand/or the reasonable burial expenses incurred by the claimant.\n (f) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the office shall disregard for this purpose the\nresponsibility of the victim for such victim's own loss of savings.\n (g) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, when determining a claim made by a person eligible under\nparagraph (b), (c) or (d) of subdivision one of section six hundred\ntwenty-four of this article, if the crime upon which the claim is based\nresulted in the death of the victim, the office shall not consider\nwhether, because of their conduct, the victim of such crime contributed\nto their death.\n 6. (a) Claims may be approved only if the office finds that unless the\nclaimant's award is approved he or she will suffer financial difficulty.\nHowever, no finding of financial difficulty is required for a claim for\nan emergency award or an award less than ten thousand dollars. In\ndetermining financial difficulty, the office shall consider all relevant\nfactors, including but not limited to:\n (1) the number of claimant's dependents;\n (2) reasonable living expenses of the claimant and his family;\n (3) any special health, rehabilitative or educational needs of the\nclaimant and his dependents;\n (4) the claimant's employment situation including income and potential\nearning capacity;\n (5) the claimant's net financial resources after authorized deduction\nas provided in paragraphs (b) and (c) of this subdivision;\n (6) whether claimant's financial resources will become exhausted\nduring his lifetime; and\n (7) the nature and the amount of claimant's total debt and\nliabilities, including the amount of debt incurred or to be incurred to\npay for losses and expenses of the crime, and the extent to which\nclaimant's essential assets will have to be liquidated.\n (b) Claimant's net financial resources do not include the present\nvalue of future earnings, and shall be determined by the office by\ndeducting from his total financial resources the value, within\nreasonable limits, of the following items:\n (1) a homestead, not exceeding five hundred thousand dollars, or a\ntotal of ten years' rent for a renter;\n (2) personal property consisting of clothing and strictly personal\neffects;\n (3) household furniture, appliances and equipment;\n (4) tools and equipment necessary for the claimant's trade, occupation\nor business;\n (5) a family automobile;\n (6) life insurance, except in death claims; and\n (7) retirement, education and health plans or contributions to a\nretirement or pension program including but not limited to contributions\nto: (i) employee profit sharing plans, (ii) employee money purchase\nplans, (iii) 401 (k) plans, (iv) simplified employee pensions (SEP), (v)\nindividual retirement accounts (IRA), (vi) 403 (b) plans, (vii) 457\nplans, (viii) Keogh plans, (self employed), and (ix) any other plan or\naccount for which contributions are made primarily for retirement\npurposes.\n (c) The office, after taking into consideration the claimant's\nfinancial resources, may exempt that portion of the victim's or\nclaimant's annual income required to meet reasonable living expenses and\nthe value of inventory or other property necessary for the claimant's\nbusiness or occupation or the production of income required to meet\nreasonable living expenses. In no event shall the aggregate value of\nexemptions under this paragraph exceed one hundred thousand dollars.\n (d) Nothing contained in this subdivision shall be construed to mean\nthat the office must maintain the same standard of living enjoyed by the\nclaimant prior to the death or injury.\n (e) The director shall promulgate such rules and regulations as are\nnecessary for the implementation of this section.\n 7. Notwithstanding the provisions of subdivision six of this section,\nan award shall include out-of-pocket expenses, including indebtedness\nreasonably incurred by the victim of a sex offense or the person\nresponsible for the victim of such sex offense, as such sex offense is\ndefined in article one hundred thirty of the penal law, for a hospital\nor medical examination in connection with the investigation or\nprosecution of any such offense.\n 8. Notwithstanding the provisions of subdivisions one, two and three\nof this section, an elderly or disabled victim who has not been\nphysically injured as a direct result of a crime, shall only be eligible\nfor an award that includes the unreimbursed cost of repair or\nreplacement of essential personal property that has been lost, damaged\nor destroyed as a direct result of a crime, transportation expenses\nincurred for necessary court appearances in connection with the\nprosecution of such crimes and the unreimbursed cost of counselling\nprovided to the elderly or disabled victim on account of mental or\nemotional stress or financial counselling provided to the elderly or\ndisabled victim on account of financial difficulty resulting from the\nincident in which the crime occurred if such counselling or financial\ncounselling is commenced within one year from the date of the incident.\nFor purposes of this subdivision, "necessary court appearances" shall\ninclude, but not be limited to, any part of trial from arraignment\nthrough sentencing, pre and post trial hearings and grand jury hearings.\n 8-a. Notwithstanding the provisions of subdivision one of this\nsection, a vulnerable elderly person or an incompetent or physically\ndisabled person, as defined in section 260.31 of the penal law, who has\nnot been physically injured as a direct result of a crime, shall be\neligible for an award that includes loss of savings.\n 9. (a) Any award made for the cost of repair or replacement of\nessential personal property, including cash losses of essential personal\nproperty, shall be limited to an amount of twenty-five hundred dollars,\nexcept that all cash losses of essential personal property shall be\nlimited to the amount of one hundred dollars. In the case of medically\nnecessary life-sustaining equipment which was lost or damaged as the\ndirect result of a crime, the award shall be limited to the amount of\nten thousand dollars.\n (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, in the case of cash losses which were the result of an act\nor series of acts of larceny as defined in article one hundred\nfifty-five of the penal law, perpetrated by the same actor indicated by\na report or reports obtained from a criminal justice agency as defined\nin subdivision one of this section, and a receipt, receipts or similar\ndocumentation is provided showing such cash loss or losses, a single\nclaim may be filed and an award may be made for cash losses of essential\npersonal property for each act up to a cumulative amount of no more than\ntwenty-five hundred dollars.\n 10. Notwithstanding any contrary provision of law, an award shall\ninclude reasonable transportation expenses incurred for necessary court\nappearances in connection with the prosecution of such crimes upon which\nthe claim is based. For purposes of this subdivision, "necessary court\nappearances" shall include but not be limited to any part of a\nproceeding from arraignment through sentencing, pre and post trial\nhearings and grand jury hearings.\n 11. Notwithstanding the provisions of subdivisions one, two and three\nof this section, an individual who was a victim of either the crime of:\nmenacing in the second degree as defined in subdivision one of section\n120.14 of the penal law; menacing in the third degree as defined in\nsection 120.15 of the penal law; reckless endangerment in the second\ndegree as defined in section 120.20 of the penal law; reckless\nendangerment in the first degree as defined in section 120.25 of the\npenal law; unlawful imprisonment in the first degree as defined in\nsection 135.10 of the penal law; kidnapping in the second degree as\ndefined in section 135.20 of the penal law; kidnapping in the first\ndegree as defined in section 135.25 of the penal law; criminal mischief\nin the fourth degree as defined in subdivision four of section 145.00 of\nthe penal law; robbery in the third degree as defined in section 160.05\nof the penal law; robbery in the second degree as defined in subdivision\none, paragraph (b) of subdivision two or subdivision three of section\n160.10 of the penal law; robbery in the first degree as defined in\nsubdivisions two, three and four of section 160.15 of the penal law;\nunlawful surveillance in the second degree as defined in section 250.45\nof the penal law; or unlawful surveillance in the first degree as\ndefined in section 250.50 of the penal law who has not been physically\ninjured as a direct result of such crime shall only be eligible for an\naward that includes loss of earnings, the unreimbursed cost of crime\nscene cleanup and securing a crime scene, and the unreimbursed costs of\ncounseling provided to such victim on account of mental or emotional\nstress resulting from the incident in which the crime occurred.\n 12. Notwithstanding the provisions of subdivisions one, two and three\nof this section, an individual who was a victim of either the crime of\nmenacing in the second degree as defined in subdivision two or three of\nsection 120.14 of the penal law, menacing in the first degree as defined\nin section 120.13 of the penal law, criminal obstruction of breathing or\nblood circulation as defined in section 121.11 of the penal law,\nharassment in the second degree as defined in section 240.26 of the\npenal law, harassment in the first degree as defined in section 240.25\nof the penal law, aggravated harassment in the second degree as defined\nin subdivision three or five of section 240.30 of the penal law,\naggravated harassment in the first degree as defined in subdivision two\nof section 240.31 of the penal law, criminal contempt in the first\ndegree as defined in subdivision (b) or subdivision (c) of section\n215.51 of the penal law, or stalking in the fourth, third, second or\nfirst degree as defined in sections 120.45, 120.50, 120.55 and 120.60 of\nthe penal law, respectively, or unlawful dissemination or publication of\nan intimate image as defined in section 245.15 of the penal law, or\ndissemination of an unlawful surveillance image in the second or first\ndegree as defined in sections 250.55 and 250.60 of the penal law,\nrespectively, or a hate crime as defined in section 485.05 of the penal\nlaw who has not been physically injured as a direct result of such crime\nshall only be eligible for an award that includes loss of earning or\nsupport, the unreimbursed cost of repair or replacement of essential\npersonal property that has been lost, damaged or destroyed as a direct\nresult of such crime, the unreimbursed cost for security devices to\nenhance the personal protection of such victim, the cost of residing at\nor utilizing services provided by shelters for battered spouses and\nchildren as provided in subdivision one of section six hundred\ntwenty-six of this article, transportation expenses incurred for\nnecessary court appearances in connection with the prosecution of such\ncrime, the unreimbursed costs of counseling provided to such victim on\naccount of mental or emotional stress resulting from the incident in\nwhich the crime occurred, the unreimbursed cost of crime scene cleanup\nand securing a crime scene, reasonable relocation expenses, and for\noccupational or job training. For purposes of this subdivision,\n"necessary court appearances" shall include, but not be limited to, any\npart of trial from arraignment through sentencing, pre and post trial\nhearings and grand jury hearings.\n 13. * (a) Notwithstanding any other provision of law, rule, or\nregulation to the contrary, when any New York state accredited hospital,\naccredited sexual assault examiner program, or licensed health care\nprovider furnishes services to any sexual assault survivor, including\nbut not limited to a health care forensic examination in accordance with\nthe sex offense evidence collection protocol and standards established\nby the department of health, such hospital, sexual assault examiner\nprogram, or licensed healthcare provider shall provide such services to\nthe person without charge and shall bill the office directly. The\noffice, in consultation with the department of health, shall define the\nspecific services to be covered by the sexual assault forensic exam\nreimbursement fee, which must include at a minimum forensic examiner\nservices, hospital or healthcare facility services related to the exam,\nand any necessary related laboratory tests or pharmaceuticals based upon\nthe department of health's Medicaid reimbursement rates; including but\nnot limited to HIV post-exposure prophylaxis provided by a hospital\nemergency room at the time of the forensic rape examination pursuant to\nparagraph (c) of subdivision one of section twenty-eight hundred five-i\nof the public health law. The office, in consultation with the\ndepartment of health, shall also generate the necessary forms for the\ndirect reimbursement procedure and regulations setting the usual and\ncustomary rates for the itemized charges related to an exam of a sexual\nassault survivor.\n * NB Effective until May 9, 2027\n * (a) Notwithstanding any other provision of law, rule, or regulation\nto the contrary, when any New York state accredited hospital, accredited\nsexual assault examiner program, or licensed health care provider\nfurnishes services to any sexual assault survivor, including but not\nlimited to a health care forensic examination in accordance with the sex\noffense evidence collection protocol and standards established by the\ndepartment of health, such hospital, sexual assault examiner program, or\nlicensed healthcare provider shall provide such services to the person\nwithout charge and shall bill the office directly. The office, in\nconsultation with the department of health, shall define the specific\nservices to be covered by the sexual assault forensic exam reimbursement\nfee, which must include at a minimum forensic examiner services,\nhospital or healthcare facility services related to the exam, and any\nnecessary related laboratory tests or pharmaceuticals based upon the\ndepartment of health's Medicaid reimbursement rates; including but not\nlimited to HIV post-exposure prophylaxis provided by a hospital\nemergency room at the time of the forensic rape examination pursuant to\nparagraph (f) of subdivision one of section twenty-eight hundred five-i\nof the public health law. The office, in consultation with the\ndepartment of health, shall also generate the necessary forms for the\ndirect reimbursement procedure and regulations setting the usual and\ncustomary rates for the itemized charges related to an exam of a sexual\nassault survivor.\n * NB Effective May 9, 2027\n (b) The rate for reimbursement shall be the amount of itemized\ncharges, to be reimbursed at the usual and customary rates as\nestablished pursuant to this subdivision and which shall cumulatively\nnot exceed (1) eight hundred dollars for an exam of a sexual assault\nsurvivor where no sexual offense evidence collection kit is used; (2)\none thousand two hundred dollars for an exam of a sexual assault\nsurvivor where a sexual offense evidence collection kit is used; and (3)\ntwo thousand five hundred dollars for an exam of a sexual assault\nsurvivor, with or without the use of a sexual offense evidence\ncollection kit, and with the provision of the full regimen of necessary\nHIV post-exposure prophylaxis. The hospital, sexual assault examiner\nprogram, or licensed health care provider must accept this fee as\npayment in full for these specified services. No additional billing of\nthe survivor for said services is permissible. A sexual assault survivor\nmay voluntarily assign any private insurance benefits to which they are\nentitled for the healthcare forensic examination, in which case the\nhospital or healthcare provider may not charge the office; provided,\nhowever, in the event the sexual assault survivor assigns any private\nhealth insurance benefit, such coverage shall not be subject to annual\ndeductibles or coinsurance or balance billing by the hospital, sexual\nassault examiner program or licensed health care provider. A hospital,\nsexual assault examiner program or licensed health care provider shall,\nat the time of the initial visit, request assignment of any private\nhealth insurance benefits to which the sexual assault survivor is\nentitled on a form prescribed by the office; provided, however, such\nsexual assault survivor shall be advised orally and in writing that they\nmay decline to provide such information regarding private health\ninsurance benefits if they believe that the provision of such\ninformation would substantially interfere with their personal privacy or\nsafety and in such event, the sexual assault forensic exam fee shall be\npaid by the office. Such sexual assault survivor shall also be advised\nthat providing such information may provide additional resources to pay\nfor services to other sexual assault victims. Such sexual assault\nsurvivor shall also be advised that the direct reimbursement program\nestablished by this subdivision does not automatically make them\neligible for any other compensation benefits available from the office\nincluding, but not limited to, reimbursement for mental health\ncounseling expenses, relocation expenses, and loss of earnings, and that\nsuch compensation benefits may only be made available to them should the\nsexual assault survivor or other person eligible to file pursuant to\nsection six hundred twenty-four of this article, file a compensation\napplication with the office. If such sexual assault survivor declines to\nprovide such health insurance information, they shall indicate such\ndecision on the form provided by the hospital, sexual assault examiner\nprogram or licensed health care provider, which form shall be prescribed\nby the office.\n 14. Notwithstanding any inconsistent provision of this article, where\na victim dies from injuries received as a direct result of the World\nTrade Center terrorist attacks on September eleventh, two thousand one,\nthe office may make an award for the unreimbursed and unreimbursable\nexpense or indebtedness reasonably incurred for the cost of counseling\nfor the eligible spouse, grandparents, parents, stepparents, guardians,\nbrothers, sisters, stepbrothers, stepsisters, children, or stepchildren\nof such victim. Any award for such expense incurred on or before\nDecember thirty-first, two thousand seven, shall be made without regard\nto the financial difficulty of the claimant.\n 15. Notwithstanding any inconsistent provision of this article, where\na victim is injured as a direct result of the World Trade Center\nterrorist attacks on September eleventh, two thousand one, the office\nmay make an award for the unreimbursed and unreimbursable expense or\nindebtedness reasonably incurred by the claimant for medical care or\ncounseling services necessary as a result of such injury. Any award for\nsuch expense or indebtedness incurred on or before December\nthirty-first, two thousand seven, shall be made without regard to the\nfinancial difficulty of the claimant.\n 16. Notwithstanding any inconsistent provision of this article, and\nwithout regard to the financial difficulty of the claimant, where a\nvictim dies from injuries received as a direct result of the World Trade\nCenter terrorist attacks on September eleventh, two thousand one, the\noffice may make an award of reasonable burial expenses for such victim.\n 17. Notwithstanding the provisions of subdivision one of this section,\nwhere a child victim has not been physically injured as a direct result\nof a crime or any violation listed in subdivision twelve of this\nsection, or has witnessed a crime or any violation listed in subdivision\ntwelve of this section in which no physical injury occurred, the\nclaimant shall only be eligible for an award that includes the\nunreimbursed cost of repair or replacement of essential personal\nproperty of the child victim that has been lost, damaged or destroyed as\na direct result of a crime or any violation listed in subdivision twelve\nof this section, transportation expenses incurred by the claimant for\nnecessary court appearances of the child victim in connection with the\nprosecution of such crimes, and, if counseling is commenced within one\nyear from the date of the incident or its discovery, (1) the\nunreimbursed cost of counseling provided to the child victim on account\nof mental or emotional stress resulting from the incident in which the\ncrime or any violation listed in subdivision twelve of this section\noccurred, and/or (2) the unreimbursed cost of counseling provided to the\nclaimant eligible under paragraph (h) of subdivision one of section six\nhundred twenty-four of this article and resulting from the incident in\nwhich the crime or any violation listed in subdivision twelve of this\nsection occurred.\n 18. Notwithstanding any inconsistent provision of this article and\nsubject to any applicable maximum award limitations contained in this\nsection, where a victim has died as a direct result of the crime upon\nwhich the claim is based and the crime occurred in the residence of a\nperson eligible pursuant to paragraphs (k) and (l) of subdivision one of\nsection six hundred twenty-four of this article, the office may make no\nmore than one award for crime scene clean-up related to such residence.\n