3 Miss. Code. R. 1-03-306

Current through October 31, 2024

Section 3-1-03-306 - Temporary Housing Assistance

1. Upon referral and certification by a law enforcement officer, prosecutor, judicial officer, or certified/regulated domestic violence shelter director or representative from said agency or entity, temporary housing assistance may be available for domestic violence victims who have an immediate need for temporary housing assistance in order to escape from a domestic violence environment if it is determined that the victim is in imminent danger.

2. For the purposes of this rule, domestic violence shall mean the following acts:

a. Simple or aggravated assault as defined in Section 97-3-7 of the Mississippi Code;

b. Sexual battery as defined in Section 97-3-95 of the Mississippi Code;

c. Rape as defined in Section 97-3-65 of the Mississippi Code;

d. Stalking as defined in Section 97-3-107 of the Mississippi Code ;

e. Kidnapping as defined in Section 97-3-53 of the Mississippi Code; or

f. Cyberstalking as defined in Section 97-45-15 of the Mississippi Code provided that these acts have occurred between current or former spouses, persons living as spouses or who formerly lived as spouses, family members related by blood or marriage who reside with each other or who formerly resided with each other, persons with a child in common, or persons in a current or former dating relationship.

3. The following factors will be considered to determine if "imminent danger" exists:

a. The nature of the crime;

b. The amount of danger the offender poses to the victim and/or the victims family.

c. Prior acts or threats by the offender;

d. The level of the threat or action that may create the Aimminent danger";

e. Any other relevant factors, including, but not limited to, whether an order of protection or restraining order exists, or the opinion(s) of the investigating law enforcement agency or the prosecuting attorney.

4. Temporary housing assistance expenses considered for payment include the following: personal vehicle mileage (.35 per mile), lodging (hotel/motel) not to exceed $80.00 per day, and meal expenses not to exceed $30.00 per day. If more than one eligible person is temporarily housed, meal expenses may not exceed $50.00 per day in the aggregate. Justification for temporary housing assistance expenses other than those listed above must be submitted, in writing, as being necessary. These expenses will be considered on a case-by-case basis.

5. In order for an award to be granted to a victim for temporary housing:

a. The victim must be referred and their need certified by the appropriate agency or entity as stated in § 306 (1). If the referring and certifying agency/entity is a domestic violence shelter, the shelter must be certified by the Mississippi Coalition Against Domestic Violence or regulated by the Mississippi Department of Health (MDH). Exception: If the victim goes to a shelter in a surrounding state, the request for assistance will be considered if the domestic violence shelter is certified/regulated by an authorized entity in that state. Each of these requests will be considered on a case by case basis;

b. The domestic violence offense must have been reported to law enforcement as required in § 202 and there must be evidence to support the commission of a violent crime;

c. Officials must assert that the victim is cooperating with law enforcement and other officials in the investigation and prosecution of the offender. This requirement may be waived if there is compelling health or safety reasons that would jeopardize the well being of the victim/claimant. See § 207 (4);

d. The victim must be deemed in imminent danger. See § 102 (8) and § 306 (3);

e. Documentation that the victim has developed a safety plan must be submitted by appropriate official(s); and

f. In addition, any other requirements/limitations as discussed further in this chapter must be met/apply.

6. The victim has the ultimate responsibility for providing the following information and documentation to support eligibility and benefit payment:

a. Victim Compensation application;

b. Domestic Violence Temporary Housing Certification form, completed and signed by the referring/certifying agency/entity representative as specified in § 306 (1);

c. Domestic Violence Temporary Housing Victim Affirmation form completed and signed by the victim and the referring/certifying agency/entity representative as specified in § 306 (1); and

d. Temporary Housing expense receipts and other supporting documentation as needed.

7. By signing the Temporary Housing Victim Affirmation form, the victim affirms:

a. That she or he and the offender are not residing together and she or he does not intend to reside with the offender in the future; and

b. That she or he will cooperate with all phases of involvement with law enforcement officials and prosecution officials (see § 306 [5] [c] for exception).

8. The victim/claimant must otherwise qualify for Victim Compensation before any award can be considered.

9. Upon receipt of the Victim Compensation claim application, Division staff will request law enforcement information from the appropriate law enforcement agency.

10. All expenses must be verified by supporting documentation. Documentation includes, but is not limited to, itemized bills and receipts.

11. Additional information and supporting documentation may be required on an as needed basis for further determination of expense eligibility.

12. Limitations for temporary housing assistance include, but are not limited to, the following:

a. Compensation for temporary housing assistance may not exceed Five Hundred Dollars $500.00).

b. A second claim request for temporary housing assistance benefits will not be paid.

c. Expenses for family members, friends, or acquaintances associated with the victims move will not be paid. An exception may be made for mileage expenses. Mileage expenses will be considered on a case by case basis; these expenses must be reasonable and necessary as determined at the discretion of the Director.

d. Travel to the temporary housing location must be at least forty-five (45) miles one way, from the victim's/claimant's residence, to receive mileage reimbursement.

e. Expenses for personal time (lost wages) for packing and moving will not be paid.

f. Temporary housing assistance benefits will only be considered for approval when other temporary housing assistance (i.e. domestic violence shelter) has been sought, but for circumstances beyond the control of the victim and the referring domestic violence shelter (or other agency/entity), other temporary housing is not available.

g. Due or overdue utility expenses for a residence the victim is leaving to move to temporary housing are not eligible for reimbursement.

3 Miss. Code. R. 1-03-306