Eligibility Requirements

A person eligible for compensation must satisfy each of the following conditions: (4) Reporting of Crime to Law Enforcement Authorities. A claimant must demonstrate that the crime for which they seek compensation was reported to police or other law enforcement authorities, or to an agency or entity obligated by law to report complaints of criminal misconduct to law enforcement authorities. (a) Law enforcement authorities to whom a crime may be reported include: federal, state or local police; school, college or university police; housing authority police; or the MBTA police. (b) Crimes involving minor victims may be reported to the Department of Children and Families pursuant to the reporting requirements of M.G.L. c. 119, § 51A. Crimes involving elder victims may be reported to the Executive Office of Aging and Independence pursuant to the reporting requirements of M.G.L. c. 19A, § 15. Crimes involving disabled victims may be reported to the Disabled Persons Protection Commission pursuant to M.G.L. c. 19C, § 4. Crimes occurring in correctional facilities may be reported to the superintendent of the correctional institution pursuant to M.G.L. c. 127, § 38C. All other crimes must be reported to law enforcement authorities specified in 124 CMR 2.05(1)(a), (c) or (d). (c) The reporting of a crime to a court through a citizen application for a restraining order under M.G.L. c. 209A, and M.G.L. c. 258E, accompanied by an affidavit in support of the application for protection, or through a citizen application for a criminal complaint, shall constitute a report to law enforcement authorities. (d) Reports to local law enforcement, via a Provider Sexual Crime Report (PSCR), in accordance with M.G.L. c. 112, § 12A½, shall constitute a report to law enforcement authorities. (e) Reports to private security personnel, rape crisis centers, or the Agency do not constitute reports to law enforcement authorities. (5) Timeliness of Report. A claimant must demonstrate that the crime was reported within five days of its occurrence except where the Agency finds good cause for delay. (a) A crime is reported within five days of its occurrence if it is reported within five days of when the crime was discovered, or reasonably should have been discovered. (b) Good cause for delay shall include delay caused by physical or psychological incapacity which prevented the making of a report; or by (c) reasonable fear of safety for themselves or others. (d) Delay resulting from a belief that law enforcement authorities will not investigate the crime, or delay resulting from lack of knowledge that an award under M.G.L. c. 258C is contingent upon reporting the crime to law enforcement authorities, does not constitute good cause for delay. (e) A finding of good cause for delay does not excuse the reporting requirement which must be satisfied as a condition of receiving compensation. (6) Cooperation with Law Enforcement. A claimant must cooperate in the investigation and prosecution of the crime, unless the Agency finds the they had a reasonable excuse for failure to cooperate. (a) Claimant's Obligation. Cooperation with law enforcement may include reporting the crime to law enforcement authorities; assisting in identifying the suspect; and /or complying with all reasonable requests of law enforcement officials for information and assistance. Cooperation with law enforcement may also include applying for the issuance of a criminal complaint in circumstances in which police did not witness the incident and have no right of arrest, provided that in such circumstance, police records clearly demonstrate that the victim was advised of their right to apply for the issuance of a criminal complaint. (b) Reasonable Excuse. The Agency may find that the physical or psychological impact of the crime and/or a reasonable fear of safety for themselves or others shall constitute a reasonable excuse and shall not constitute lack of cooperation. A reasonable excuse may also include barriers such as language, culture, geographic location or other barrier as determined by the Agency. (7) Timely Filing of Claim. A claim for compensation must be filed within three years of the date of the crime. The filing period shall commence on the date the crime was committed, except in the following circumstances: (a) If the victim was a minor when the crime was committed, a parent or legal guardian may file on behalf of the minor until the minor reaches the age of 18. The three-year filing period shall not commence until the victim reaches the age of 18. This exception shall not apply to claims based on the death of a minor victim; (b) If the victim was a minor when the crime was committed and the crime results in the issuance of a criminal complaint or indictment after the victim's 18th birthday, the filing period shall not commence until the date of issuance of the criminal complaint or indictment provided, however, that this exception shall not apply to claims based on the death of a minor victim. (c) If the claimant did not discover the act which constitutes a crime until more than three years after the crime was committed, the filing period shall not commence until the claimant discovered, or reasonably should have discovered, the act which constitutes a crime; provided, however, that in such cases, the crime for which the claimant seeks compensation must have resulted in the issuance of a criminal complaint or indictment, or any other judicial or administrative determination of probable cause that an act constituting a crime has occurred. If more than one of the exceptions described in 124 CMR 2.05(4) applies, the claim may be filed within the longest time period permitted by 124 CMR 2.05(4).