Law garden / New Mexico
If you're Jane Doe in New Mexico
What New Mexico's crime victim compensation law says, in plain words. Each line links to the exact sentence it comes from.
Crime Victims Reparation (Victim Compensation), run by New Mexico Crime Victims Reparation Commission.
Show the law for this line: CVRC Compensation Application and FAQ page
CVRC Compensation Application and FAQ pageNM-S1
The program's own page, saved by Tend.
- $20,000the most you can ask for in totalNMSA 1978, Section 31-22-14(B)
- 2 yearsto apply, from the date it happenedNMSA 1978, Section 31-22-14(A)
- Police reportnot the only record that countsNMSA 1978, Section 31-22-7(D)
- $0what a forensic exam should cost youNMSA 1978, Section 30-9-21(B)
What the program can pay for
The most the program can pay for all costs together is $20,000.
Show the law for this line: NMSA 1978, Section 31-22-14(B)
NMSA 1978, Section 31-22-14(B)NM-CAP-1
The maximum award is $20,000 per victim. The commission may add up to $30,000 more for extraordinary losses when the injury is catastrophic and causes permanent total disability.
No award of reparation shall be in excess of twenty thousand dollars ($20,000) per victim, except that the commission may award up to an additional thirty thousand dollars ($30,000) for extraordinary pecuniary losses, if the personal injury to a victim is catastrophic and results in a permanent total disability.
Medical care
Show the law for this line: NMSA 1978, Section 31-22-9(A)
NMSA 1978, Section 31-22-9(A)NM-COV-1
The commission may pay expenses actually and reasonably incurred because of the victim's injury.
The commission may order payment of reparation for: A. expenses actually and reasonably incurred as a result of the victim's injury or death;
Counseling
Show the law for this line: CVRC Compensation FAQ, What are the types of reparation?
CVRC Compensation FAQ, What are the types of reparation?NM-COV-2
The program lists medical and dental care and mental health counseling (30 session maximum) as types of reparation.
Medical and dental care; Mental health counseling; (30 session maximum)
Prescriptions
Show the law for this line: CVRC Application, Section 6 (Potentially Eligible Expenses)
CVRC Application, Section 6 (Potentially Eligible Expenses)NM-COV-8
The application lists prescriptions as a potentially eligible expense.
Prescriptions
Dental care
Show the law for this line: CVRC Compensation FAQ, What are the types of reparation?
CVRC Compensation FAQ, What are the types of reparation?NM-COV-6
The program lists medical and dental care among the expenses it can pay.
can be made for the following: Medical and dental care;
Travel
Show the law for this line: 10.40.2.10(M) NMACand 1 more
10.40.2.10(M) NMACNM-COV-5
Gas to get to a health provider can be reimbursed at 20 cents per mile when the trip is over 30 miles one way from home.
Gas expenses to transport the victim to a health provider may be considered if the travel is over thirty miles one way from the victim's residence. This travel shall be verified by the health provider's billing and reports for the travel requested. The gas will be reimbursed at the rate of twenty cents per mile.
10.40.2.10(N) NMACNM-COV-9
Gas to travel to a law enforcement agency on official business about the incident can be reimbursed at 20 cents per mile when the trip is more than 30 miles one way.
The distance traveled shall be more than thirty miles one way from the victim's residence and the gas will be reimbursed at the rate of twenty cents per mile.
Lost pay
Show the law for this line: NMSA 1978, Section 31-22-9(B)and 1 more
NMSA 1978, Section 31-22-9(B)NM-COV-3
The commission may pay for the victim's lost earning power from total or partial incapacity.
B. loss to the victim of earning power as a result of total or partial incapacity;
10.40.2.10(G) NMACNM-COV-4
Lost wages can be paid for a recovery period of up to 14 calendar days after the crime without a physician's certification. The person must have been employed at the time of the incident.
Loss of wages may be paid to the victim, claimant, and/or, in the case of a minor victim, guardian, for up to fourteen calendar days after the crime for a recovery period.
Crime scene cleanup
Show the law for this line: CVRC Application, Section 6 (Potentially Eligible Expenses)
CVRC Application, Section 6 (Potentially Eligible Expenses)NM-COV-7
The application lists crime scene cleanup as a potentially eligible expense.
Crime Scene Cleanup
Funeral costs
- Funeral expenses are capped at $6,000.
Show the law for this line: 10.40.2.10(E) NMAC
10.40.2.10(E) NMACNM-CAP-3
Awards for funeral expenses shall not exceed six thousand dollars ($6,000.00).
What it does not pay for
No award is made for any loss of or damage to property.
Show the law for this line: NMSA 1978, Section 31-22-8(B)
NMSA 1978, Section 31-22-8(B)NM-EXC-1
B. No award shall be made for any loss or damage to property.
The program does not pay for property loss, pain and suffering, or attorney's fees.
Show the law for this line: CVRC Compensation FAQ, What are the types of reparation?
CVRC Compensation FAQ, What are the types of reparation?NM-EXC-2
No awards are made for property loss, pain and suffering, or attorney
Attorney fees are not paid as part of or on top of a reparation award.
Show the law for this line: NMSA 1978, Section 31-22-6(B)
NMSA 1978, Section 31-22-6(B)NM-EXC-3
None of the appropriation in this act [31-22-1 to 31-22-21 NMSA 1978] shall be used to pay attorney fees either as part of or in addition to awards of reparation.
Phone bills, copying fees, and postage are not reimbursed.
Show the law for this line: 10.40.2.10(P) NMAC
10.40.2.10(P) NMACNM-EXC-4
The following expenses shall not be considered for reimbursement: (1) phone bills; (2) copying fees; (3) postage costs.
The forensic exam
You should not get a bill for a sexual assault forensic exam.
Show the law for this line: NMSA 1978, Section 30-9-21(B)
NMSA 1978, Section 30-9-21(B)NM-EXAM-1
A health care provider may not charge the survivor, directly or indirectly, for the costs of collecting a sexual assault examination kit. The statute does not say whether the survivor's insurance may be billed.
No costs incurred by a health care provider for the collection of a sexual assault examination kit shall be charged directly or indirectly to the survivor of the sexual assault.
Under the Sexual Crimes Prosecution and Treatment Act, the state administrator must provide free forensic medical exams to victims of sexual crimes, arrange free exams, or reimburse victims for the exam cost.
Show the law for this line: NMSA 1978, Section 29-11-7
NMSA 1978, Section 29-11-7NM-EXAM-2
The administrator shall: A. provide free forensic medical exams to victims of sexual crimes; B. arrange for victims of sexual crimes to obtain free forensic medical exams; or C. reimburse victims of sexual crimes for the cost of forensic medical exams
If the victim is reimbursed for the exam instead of getting it free, reimbursement covers the full cost with no deductible or limit, and the victim can apply for reimbursement for one year from the exam date.
Show the law for this line: NMSA 1978, Section 29-11-7(C)(1)-(2)
NMSA 1978, Section 29-11-7(C)(1)-(2)NM-EXAM-3
the reimbursement covers the full cost of the forensic medical exam, without any deductible requirement or limit on the amount of the reimbursement; (2) the victim of a sexual crime is entitled to apply for reimbursement for a period of one year from the date of the forensic medical exam
Police report
A police report is not the only way to qualify. Other records can count, like medical or counseling records.
Show the law for this line: NMSA 1978, Section 31-22-7(D)and 1 more
NMSA 1978, Section 31-22-7(D)NM-REPORT-1
A police report is not the only option. The crime must have led to an arrest, been reported to police in a reasonable time, or been reported to a licensed medical, mental health or counseling provider, or a tribal health provider.
provided an arrest has been made or the act or omission constituting a crime has been reported to the police in a reasonable time or the act or omission constituting a crime has been reported to a licensed medical, mental health or counseling provider, or tribal health provider.
NMSA 1978, Section 31-22-7(D)(3)NM-REPORT-2
The victim or claimant must have fully cooperated with law enforcement, unless the commission finds they acted reasonably under the circumstances.
the claimant or victim fully cooperated with the appropriate law enforcement agencies or the commission finds that the claimant or victim acted reasonably under the circumstances.
A police report is not the only option. The crime must have led to an arrest, been reported to police in a reasonable time, or been reported to a licensed medical, mental health or counseling provider, or a tribal health provider.
Show the law for this line: NMSA 1978, Section 31-22-7(D)
NMSA 1978, Section 31-22-7(D)NM-REPORT-1
provided an arrest has been made or the act or omission constituting a crime has been reported to the police in a reasonable time or the act or omission constituting a crime has been reported to a licensed medical, mental health or counseling provider, or tribal health provider.
The victim or claimant must have fully cooperated with law enforcement, unless the commission finds they acted reasonably under the circumstances.
Show the law for this line: NMSA 1978, Section 31-22-7(D)(3)
NMSA 1978, Section 31-22-7(D)(3)NM-REPORT-2
the claimant or victim fully cooperated with the appropriate law enforcement agencies or the commission finds that the claimant or victim acted reasonably under the circumstances.
Deadline to apply
Apply within 2 years of the date it happened.
Show the law for this line: NMSA 1978, Section 31-22-14(A)
NMSA 1978, Section 31-22-14(A)NM-DEAD-1
Apply within two years after the injury. Minors who are victims of criminal sexual penetration, criminal sexual contact of a minor, or child abuse are excepted from this limit.
An application for reparation shall be made within two years after the injury or death, except for minors who are victims of criminal activity under the provisions of Section 30-6-1 NMSA 1978, regarding abandonment or abuse of a child, Section 30-9-11 NMSA 1978, regarding criminal sexual penetration, or Section 30-9-13 NMSA 1978, regarding criminal sexual contact of a minor.
Keeping your name and address private
New Mexico's Safe at Home program, run by the Secretary of State, lets survivors of domestic violence, sexual assault, attempted sexual assault or stalking use the Secretary of State's address as a substitute address with state and local agencies, with mail forwarded to their real address. Applicants fill out the application packet with an application assistant from a domestic violence or sexual assault program, and the forms are notarized.
Show the law for this line: Safe at Home program page, program description; enrollment steps from the Eligibility, FAQs & Resources page (NM-S16), How to Apply
Safe at Home program page, program description; enrollment steps from the Eligibility, FAQs & Resources page (NM-S16), How to ApplyNM-ACP-1
The Secretary of State’s Safe at Home program (formerly known as the Confidential Address Program) allows survivors of domestic violence, sexual assault or stalking to receive mail using the Secretary of State’s address as a substitute for their own, while keeping their actual address confidential.
Crime Victims Reparation Commission application files that contain confidential medical and police records are confidential, and the information in them may not be publicly disclosed.
Show the law for this line: 10.40.2.14 NMAC, Confidentiality
10.40.2.14 NMAC, ConfidentialityNM-RECCONF-1
Application files which contain confidential medical and police records shall be considered confidential. No public disclosure of the information contained within shall be made.
How to apply
Online https://cvcapp.cvrc.nm.gov
Show the law for this line: CVRC online application portal, home page
CVRC online application portal, home pageNM-SUBMIT-1
You can file online through the CVRC application portal, where you sign in or create an account and submit the application.
To begin Please choose one of the following options: Sign In OR Create an Account
Read this sentence on cvcapp.cvrc.nm.gov (opens in a new tab)
Mail Crime Victims Reparation Commission 6200 Uptown Blvd., Suite 210 Albuquerque, NM 87110
Show the law for this line: Compensation Application page, How do I apply?
Compensation Application page, How do I apply?NM-SUBMIT-2
A paper application goes to the Crime Victims Reparation Commission office in Albuquerque; the rules count it as filed on the postmark date.
Crime Victims Reparation Commission 6200 Uptown Blvd., Suite 210 Albuquerque, NM 87110
Fax (505) 841-9437
Show the law for this line: Compensation Application page, How do I apply?
Compensation Application page, How do I apply?NM-SUBMIT-3
A paper application can be faxed to the commission's office.
Fax: (505) 841-9437
Phone 800-306-6262
Show the law for this line: CVRC Compensation Application and FAQ page
CVRC Compensation Application and FAQ pageNM-S1
The program's own page, saved by Tend.
If you need money soon
If a final award looks likely, the director can authorize a preliminary award with the commission chair's agreement. It is deducted from the final award.
Show the law for this line: NMSA 1978, Section 31-22-14(E)
NMSA 1978, Section 31-22-14(E)NM-EMERG-1
If it appears that a final award of reparation will be made by the commission, a preliminary award may be authorized by the director of the commission or the commission's designee when the commission chair concurs.
Good to know before you apply
Covers anyone injured by a covered crime in New Mexico, regardless of residency, and New Mexico residents hurt in another state that has no eligible compensation program.
Show the law for this line: NMSA 1978, Section 31-22-3(I)
NMSA 1978, Section 31-22-3(I)NM-RES-1
a person in New Mexico who is injured or killed by any act or omission of any other person that is a crime enumerated in Section 31-22-8 NMSA 1978; (2) a resident of New Mexico who is injured or killed by such a crime occurring in a state other than New Mexico if that state does not have an eligible crime victims compensation program
Payments from collateral sources such as insurance, Medicaid, Medicare, or government benefits are deducted from the award.
Show the law for this line: NMSA 1978, Section 31-22-14(C)
NMSA 1978, Section 31-22-14(C)NM-COLL-1
the commission shall deduct from any reparation awarded any payments received from a collateral source or from the United States or the state or any of its political subdivisions for injury or death subject to reparation under the Crime Victims Reparation Act.
Expenses covered by insurance or another collateral source must be submitted there first. Only what those sources do not cover is considered.
Show the law for this line: 10.40.2.10(I) NMAC
10.40.2.10(I) NMACNM-COLL-2
shall submit covered expenses to the source(s) for payment. Only those expenses not covered by the collateral source(s) will be considered for reparation.
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If you're Jane Doe in New Mexico: you can ask for up to $20,000, and you should never get a bill for a forensic exam.
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