3 Miss. Code. R. 1-02-204 - Unjust Benefits

1. Compensation shall be denied if the award will unjustly benefit the offender.

2. The Division of Victim Compensation may consider all relevant information and circumstances in determining if compensation would unjustly benefit the offender, including but not limited to:

a. Whether the victim/claimant has reported the crime and is cooperating with the criminal justice system in the investigation and the prosecution of the offender;

b. Whether the victim/claimant will prevent access by the offender to compensation paid to the victim/claimant; or,

c. Whether the award is essential to the well-being of the victim and other innocent and dependent family members.

3. A determination of "unjust benefit" will not be based solely on the following:

a. Victim/claimant's familial relationship to the offender;

b. Sharing of a residence by the victim/claimant and the offender; or,

c. Presence of the offender in the household at the time of the award.

4. The presence of the offender in the household is only one factor to be considered in determining unjust benefit, and a case-by-case determination will be made according to the facts of each situation.

Notes

3 Miss. Code. R. 1-02-204