1. (a) A claim that meets the established criteria for relocation benefits may be eligible for relocation reimbursement of an amount greater than $2,000 due to unusual, dire, or exceptional circumstances including, but not limited to, the following:

   1. (1) There is a crime report or other verification from law enforcement supporting that the applicant is an ongoing victim of threats or retaliation by or on behalf of the offender with a credible threat of great bodily injury or death and the claim meets the following two criteria:

      1. (A) The applicant did not inform the offender of the location of the applicant's new residence or had obtained a restraining order against the offender and the offender has located the applicant; and

      2. (B) The applicant's new residence must be located at a distance of no less than 30 miles from the residence at the time the crime occurred.

         or

   2. (2) If a mental health treatment provider has verified that the relocation was necessary for the emotional well-being of the applicant, then at least one of the following factors must be present:

      1. (A) The qualifying crime resulted in substantial impairment of the applicant's activities of daily living;
      2. (B) The qualifying crime resulted in permanent and substantial disability of the applicant; or
      3. (C) The applicant is scheduled to testify or has testified as a witness in any criminal proceeding related to the qualifying crime and the need to relocate is directly related to the applicant testifying.

2. (b) The following circumstances will not qualify a victim for the unusual, dire, or exceptional circumstance relocation benefit on their own merit:

   1. (1) Moving to or within a higher cost area.
   2. (2) Having a large family.
   3. (3) Moving a long distance.

Note: Authority cited: Sections 13920 and 13974, Government Code. Reference: Section 13957, Government Code.

History

1. New section filed 1-6-2011; operative 2-5-2011 (Register 2011, No. 1).