The newly finalized state budget will bolster New York’s victims’ compensation program. But will it matter if people don’t know it exists?
Gov. Kathy Hochul’s executive budget raised maximum reimbursement for burial expenses from $6,000 to $12,000 and lifted barriers to claiming compensation. Notably, the reforms removed contributory conduct denials — which weigh whether the victims “contributed to their own injuries” — from homicide cases.
For context, victims and survivors can file a claim with the state for compensation as “a last resort” through the Office of Victim Services (OVS) to recoup out-of-pocket expenses used after a crime they experienced. The wide range of costs covered includes lost earnings, medical care, and employment-related transportation due to an injury sustained from a crime-related incident.
Tahirih Anthony, senior policy director for Common Justice, said the Survivor’s First Act serves as an important next step to the budget, which was finalized two days after she spoke to the AmNews. The bipartisan-backed bill would expand on gains made by the budget, including the elimination of contributory conduct assessments for all crimes, rather than just homicide.
“The big piece is that it would get rid of contributory conduct for all cases,” said Anthony. “We just feel like you can’t talk about public safety without talking about what survivors need to actually be safe in the first place. This is something that survivors have [been] asking for, which is kind of why we nicknamed it the Survivors First Act, because we should be putting survivors first and putting their needs first.”
Anthony said their data, based on different research and public records requests, found Black victims made up roughly half of contributory conduct denials. She added that she does not believe it is a coincidence that “the same communities that are over-policed and under-protected are the same ones that are likely to be denied compensation.”
“The idea of [a] perfect victim — when we let biases decide who needs help, we basically turn victim services into gatekeeping,” Anthony said. “That’s not justice, either. Being in the wrong place or making a mistake [shouldn’t] cost them their access to healing.”
The bill also stops “private donations as a collateral source that the Office of Victim Services may consider when determining the amount of a victim compensation award,” allowing survivors to fundraise, including over GoFundMe, without affecting their claim.
The Survivors First Act would ramp up outreach by amending executive law language with a “duty of publicization,” mandating OVS to promote the agency’s existence to the public. Past research from Common Justice found just 11,000 claims were filed between October 2018 and September 2019, despite around 70,000 violent crimes recorded. Few qualifying individuals were aware or made aware of victims services.
Legislators on both sides of the aisle back the Survivors First Act, which was introduced by State Sen. Julia Salazar, a Democratic socialist representing Brooklyn and proponent for criminal justice reform. Dean Murray, a Republican state senator from Long Island, said an understanding of the needs of victims unites the electeds.
“We don’t do a good enough job [of] letting victims know what type of help [and] what type of services are available to them,” said Murray. “At the time of a crime, it’s a very difficult time. It’s a very hectic time for them. They don’t want you handing them a little packet [of information]. We must do a better job of letting them know what’s available, what types of services [and] what types of programs are available to them. I think this bill goes a long way in doing that, but I don’t think we took those steps in the budget.”
Last year, the AmNews reported on how gun violence survivors lacked a safety net while recovering from their injuries and unable to work. Victim services often pitched in for their costs when they could not claim disability.
There is some overlap between the bill and budget, most notably raising the burial reimbursement cap from $6,000 to $12,000, which Anthony said is fair based on other states and average funeral expenses; $3.8 million from the budget will cover the increase.
A spokesperson for Hochul pointed to the budget including sexual assault survivor services including a funding increase to rape crisis centers for the first time in a decade. $9.2 million will go towards increasing funding for New York State Child Advocacy Centers for younger survivors.
In 2023, Hochul signed another bill into law championed by Common Justice allowing victims to claim compensation without reporting to law enforcement if they could produce alternative evidence proving the crime occurred. That legislation goes into effect at the year’s end.
Tandy Lau is a Report for America corps member who writes about public safety for the Amsterdam News. Your donation to match our RFA grant helps keep him writing stories like this one; please consider making a tax-deductible gift of any amount today by visiting https://bit.ly/amnews1.