120-RICR-00-00-2
120-RICR-00-00-2. Rules and Regulations Pertaining to the Crime Victim Compensation Program (version Amendment, 02/28/2019 to 01/10/2020)
2.1 Introduction
A. These Rules and Regulations
pertaining to the Crime Victim Compensation Program are promulgated
pursuant to Rhode Island General Laws (R.I. Gen. Laws) §
12-25-18(b) and are established for the purpose of effectuating the
provisions and overall purpose of the Criminal Injuries Compensation
Act of 1972, the Criminal Injuries Act of 1996, and the 1999
amendments to the Criminal Injuries Compensation Act of 1996.
B. In accordance with the
provisions of R.I. Gen. Laws § 42-35-3(c), in the development of
the regulations, consideration was given to:
1. alternative approaches to
the regulations;
2. duplication or overlap with
other state regulations; and
3. any significant economic
impact on small business as defined in R.I. Gen. Laws Chapter 42-35.
4. Based on the available
information, no known alternative approach, duplication or overlap
was identified. The health, safety, and welfare of the public
override any economic impact which may be incurred from these
proposed regulations.
2.2 Purpose
The General Treasurer of
Rhode Island promulgates these regulations related to financial
compensation for victims of violent crime pursuant to the authority
under R.I. Gen. Laws § 12-25-18(b).
2.3 Scope
These regulations apply to
applications for financial compensation filed under R.I. Gen. Laws §§
12-25-1 et seq .
2.4 Definitions
A. “Administrator”
means the program administrator of the 1996 Act, and the 1999
amendments to the Criminal Injuries Compensation Act of 1996, who
issues notices of award or denial pursuant to R.I. Gen. Laws §
12-25-18. The Administrator is charged with the duty of and granted
the power to effectuate the provisions and overall purpose of the
Criminal Injuries Compensation Act of 1972, the Criminal Injuries Act
of 1996, and the 1999 amendments to the Criminal Injuries
Compensation Act of 1996 in an efficient and equitable manner.
B. “Application”
means an application for compensation under R.I. Gen. Laws §
12-25-1 et seq . on an application form provided by the office
as in effect from time to time.
C. “Applicant”
means a person who files an application for compensation under R.I.
Gen. Laws § 12-25-1 et seq . An application may be filed
by a person eligible for compensation as defined in § 2.6 of
this Part, or by a parent or legal guardian of any such person.
D. “Child” means
any unmarried person who is under eighteen (18) years of age and
includes a stepchild or an adopted child.
E. “Court” means
Superior Court.
F. “Crime” means
an act committed by a person which, if committed by a mentally
competent, criminally responsible adult who has no legal exemption or
defense, would constitute a crime; provided, however, that such act
involves the application of force or violence or the threat of force
or violence by the offender upon the victim, resulting in physical or
psychological injury to the victim.
1. The word crime shall
include any of the offenses specified in R.I. Gen. Laws §
12-25-20 inclusive, any violation of any provision of R.I. Gen. Laws
§§ 31-27-1 through 31-27-2.2, inclusive, and any violation
of R.I. Gen. Laws § 31-27-2.6, and any conduct that would
constitute a violation of R.I. Gen. Laws § 15-15-3.
2. The word crime shall apply
to an act committed against any person within the physical confines
of Rhode Island or within the maritime jurisdiction of the state of
Rhode Island, including land subject to federal jurisdiction.
3. The word crime shall also
apply to an act which occurs against a resident of Rhode Island in a
state which does not have a crime victim compensation program of any
kind. If a Rhode Island resident is injured or killed outside of the
state of Rhode Island, the victim first must apply for compensation
in the state, possession, territory or district of the United States
in which the offense occurred. In the event that a Rhode Island
resident is denied compensation in the state, possession, territory
or district of the United States in which the offense occurred,
he/she may apply for compensation with the office in accordance with
the provisions of the 1999 amendments to the Criminal Injuries
Compensation Act of 1996.
4. The word crime shall also
apply to an act of terrorism as defined in 18 U.S.C. § 2331 that
occurs outside the State of Rhode Island to any victim who had his or
her residence in this state at the time the offense occurred who is
injured or killed by an act of terrorism occurring either outside of
the United States, as defined in 18 U.S.C. § 2331, or within the
United States as referred to in 42 U.S.C. § 10603b.
5. The word crime does not
include death by suicide.
G. “Dependent”
means a person wholly or partially dependent upon the income of the
victim at the time of his or her death or would have been so
dependent but for the incapacity due to the injury from which the
death resulted and shall include a child of the victim born after the
death of the victim. The paternity of a child born after the death of
the victim must have been established by a court of competent
jurisdiction and the child’s birth registered pursuant to R.I.
Gen. Laws § 23-3-10 or R.I. Gen. Laws § 23-3-15.
H. “Minor” means a
person under the age of eighteen (18) years old.
I. “Offender”
means an adult or juvenile who commits the crime for which the
Applicant seeks compensation.
J. “Office” means
the Crime Victim Compensation Program within the Office of the
General Treasurer for the State of Rhode Island, as established
pursuant to R.I. Gen. Laws § 12-25-1 et seq .
K. “Pecuniary loss”
means:
1. Actual, out-of-pocket
medical expenses (including psychiatric care), hospital expenses,
loss of past earnings, and loss of future earnings because of a
disability incurred as a result of personal injury to the victim for
which the victim is not compensated by any other source. In the case
of a claim for loss of future earnings by a victim, the Applicant
must demonstrate that he/she is disabled from performing any gainful
employment.
2. Funeral and burial expenses
in the case of death for which the victim’s estate is not
compensated by any other source.
3. Loss of support to the
dependents of the victim for which the dependents are not compensated
by any other source.
4. Loss of earnings of a
parent/guardian of a minor or incompetent victim as set forth in §
2.8(A)(10) of this Part for which the parent/guardian is not
compensated by any other source.
L. “Personal injury”
means actual physical bodily harm, or mental or nervous shock, and a
pregnancy resulting from a sexual attack.
M. “Relative”
means a spouse, parent, grandparent, stepfather, stepmother, child,
grandchild, brother, sister, half-brother, half-sister, and a
spouse’s parents.
N. “Resident”
means any person who has his or her residence within the state of
Rhode Island.
O. “Secondary victim”
means a child who suffers an emotional injury as a direct result of
witnessing a homicide or incident of domestic violence.
P. “State” means
the District of Columbia, the fifty (50) states, the Commonwealth of
Puerto Rico, and the United States’ territories and
possessions.
Q. “Treasurer”
means the General Treasurer of the State of Rhode Island or his or
her designee.
R. “Victim” means
a victim is either:
1. a person who is an
involuntary participant in a criminal act or totally unaware that he
or she is a potential participant in a crime, who suffers personal
physical or psychological injury or death by any act of a person or
persons as a result of:
a. any of the offenses
specified in R.I. Gen. Laws § 12-25-20;
b. which act occurs within the
physical confines of the state of Rhode Island; or
c. which act occurs within the
maritime jurisdiction of the state of Rhode Island; or
2. a resident of the state of
Rhode Island who is a victim of an act of terrorism as defined in 18
U.S.C. § 2331, occurring outside the United States or within the
United States as referred to in 42 U.S.C. § 10603b.
S. “Violent felonious
criminal conduct” means criminally injurious conduct, which, if
proven beyond a reasonable doubt, would constitute a felony under the
laws of the state of Rhode Island, any other state, or the United
States, and includes those crimes specified in R.I. Gen. Laws §
12-25-20 as follows:
1. Assault with intent to
commit murder, robbery, or rape;
2. Assault with a dangerous
weapon;
3. Assault and battery;
4. Mayhem;
5. Indecent assault and
battery on a child under thirteen (13) years of age;
6. Arson or statutory burning;
7. Kidnapping;
8. Robbery or larceny from
that person;
9. Murder;
10. Manslaughter;
11. First or second degree
sexual assault;
12. Child molestation, 1st or
2nd degree;
13. Driving under the
influence of alcohol or drugs;
14. Refusal by a driver to
submit to a chemical test for alcohol or drugs in immediate aftermath
of a collision;
15. Driving so as to endanger,
resulting in death, pursuant to R.I. Gen. Laws § 31-27-1;
16. Driving so as to endanger,
resulting in personal injury, pursuant to R.I. Gen. Laws §
31-27-1;
17. Failure to stop by a
driver in circumstances which result in the death of any person,
pursuant to R.I. Gen. Laws § 31-26-1; and
18. Any other crime excluding
motor vehicle offenses other than those enumerated in this section,
which results in personal injury of death.
T. “1972 Act”
means the Criminal Injuries Compensation Act of 1972, established
pursuant to R.I. Gen. Laws §§ 12-25-1 through 12-25-15.
U. “1996 Act”
means the Criminal Injuries Compensation Act of 1996, and the 1999
amendments to the Criminal Injuries Compensation Act of 1996,
established pursuant to R.I. Gen. Laws §§ 12-25-16 through
12-25-31.
2.5 Transition Rules
A. New cases filed on or after
the effective date of the 1996 Act, August 21, 1996, or on or after
the effective date of the 1999 amendments to the Criminal Injuries
Compensation Act of 1996, September 1, 1999, shall do so through the
Criminal Injuries Act of 1996, as amended, established pursuant to
R.I. Gen. Laws §§ 12-25-16 through 12-25-31.
B. All claimants with cases
filed pursuant to the 1972 Act awaiting decisions from the court
shall have the option of transferring their cases to the 1996 Act at
any time prior to receiving a decision on their case from the court
under the 1972 Act. Any request for transfer to the 1996 Act shall be
final and irrevocable. No victim shall be permitted to have claims
pending under both the 1972 and 1996 Acts for the same incident.
C. Claims shall be paid in the
chronological order in which decisions are made under either the 1972
or 1996 Acts or the 1999 amendments to the Criminal Injuries
Compensation Act of 1996. Claims filed under the 1972 Act shall be
paid according to the date the judgment is ordered by the court and
claims filed under the 1996 Act or the 1999 amendments to the
Criminal Injuries Compensation Act of 1996, shall be paid according
to the date a final decision is reached on the claim. In either case,
whether the claim for compensation was filed under the 1972 Act, the
1996 Act or the 1999 amendments to the Criminal Injuries Compensation
Act of 1996, each claim shall be paid in chronological order
according to the date of the original judgment or the date of the
original decision, notwithstanding any request for reconsideration or
appeal. The office shall stay payment on any original judgment or
original decision pending the outcome of a request for
reconsideration or appeal.
D. Those claimants who filed
claims prior to August 21, 1996, and voluntarily transfer their
claims to the 1996 Act shall abide by all the provisions of the 1996
Act, with the following exceptions:
1. They shall be eligible for
attorney fees as provided for in the 1972 Act, pursuant to R.I. Gen.
Laws § 12-25-8. The basis for determining attorneys’ fees
shall be the amount which would be awarded to the victim under the
1996 Act. The amount of compensation for attorney fees shall not
exceed fifteen percent (15%) of the total amount awarded to the
claimant, or two thousand dollars ($2,000), whichever is less.
2. The requirement that the
action for compensation be commenced within one (1) year after the
date of personal injury or death is extended to three (3) years, and
shall be considered satisfied as long as the requirement was met in
the original filing for compensation under the 1972 Act.
3. The requirement that no
compensation be awarded for an injury or death resulting from a crime
which was not reported to the appropriate law enforcement authority
within three (3) days of its occurrence is extended to fifteen (15)
days of its occurrence.
E. Those claimants with claims
currently pending under the 1972 or 1996 Acts or whose claims arose
under the 1972 or 1996 Acts but have not yet filed, may voluntarily
transfer or file their claims in the first instance under the program
established pursuant to the 1999 amendments to the Criminal Injuries
Compensation Act of 1996. Those claimants as referenced herein shall
abide by and be subject to all the provisions of the program
established pursuant to the 1999 amendments to the Criminal Injuries
Compensation Act of 1996. Any claimant transferring his/her claim
under the 1972 Act shall be required to dismiss his/her action
pending in the Superior Court and file an application for
compensation under R.I. Gen. Laws § 12-25-1 et seq . on an
application form provided by the office as in effect from time to
time.
F. The Administrator shall
have the discretion to pay claims out of chronological order when:
1. the Applicant, victim,
party or entity entitled to compensation from the fund has agreed to
receive a reduced payment in return for expedited payment; or where
the Administrator finds that the Applicant has demonstrated
compelling circumstances to warrant expedited payment of an award or
a portion thereof. The Administrator shall set forth, in writing, the
reasons for expediting payment in these situations.
2.6 Persons Eligible for
Compensation
A. Persons Eligible: The
following persons are eligible for compensation:
1. victims as defined in §
2.4(R) of this Part;
2. secondary victims as
defined in § 2.4(O) of this Part;
3. dependents and relatives of
a victim who dies as a direct result of violent crime as provided in
R.I. Gen. Laws § 12-25-19(b)(3);
4. parent, spouse, minor
sibling, or minor child of a victim who dies as a direct result of a
violent crime as provided in R.I. Gen. Laws § 12-25-21(2)(c);
5. legal guardians of the
victim or secondary victim;
6. child advocate as provided
in R.I. Gen. Laws § 42-73-9.1; and
7. legal representatives of
the victim’s estate in the case of the victim’s death.
B. Persons Ineligible: The
following persons are ineligible for compensation:
1. Applicant attempting to
derive rights from a person who was not an eligible victim pursuant
to R.I. Gen. Laws § 12-25-1 et seq .;
2. persons injured while
serving time in any federal, state, county or city jail, prison,
correctional facility or criminal institution;
3. persons injured during the
performance of their duty whose occupations inherently entail high
risk hazards. Such occupations include, but are not limited to,
police officers, correctional officers, security guards, and
firefighters.
2.7 Eligibility Requirements
A. A person eligible for
compensation must satisfy each of the following conditions:
1. Timely Filing of
Application: An application for compensation pursuant to the 1996 Act
must be filed within one (1) year after the date of the personal
injury or death of the victim if the personal injury or death
occurred prior to September 1, 1999. An application for compensation
pursuant to the 1999 amendments to the Criminal Injuries Compensation
Act of 1996 must be filed within three (3) years after the date of
the personal injury or death of the victim if the personal injury or
death occurred on or after September 1, 1999. The filing period shall
commence on the date the crime was committed, except in the following
circumstances;
a. If the victim or secondary
victim was a minor when the crime was committed and the crime did not
result in the death of the minor, that is, the victim suffered
personal injury, the filing period shall not commence until the
victim reaches the age of eighteen. For applications based on the
personal injury of a minor victim, the application must be filed
within one year after the date on which the minor victim reaches the
age of eighteen if the personal injury occurred between August 21,
1996 and August 31, 1999. If the personal injury to the minor victim
or secondary victim occurred on or after September 1, 1999, then the
application must be filed within three years after the date on which
the minor victim or secondary victim reaches the age of eighteen. For
applications based on the death of a minor victim, the application
must be filed within one year after the date of death of the minor,
if the death occurred between August 21, 1996 and August 31, 1999, or
within three years after the date of death of the minor if the death
occurred or on or after September 1, 1999;
b. If the Applicant did not
discover the act which constitutes a crime until more than one year
after the crime was committed, the filing period shall not commence
until the Applicant discovered or, in exercise of reasonable
diligence, should have discovered, the act which constitutes a crime,
provided, however, that in such cases, the crime for which the
Applicant seeks compensation must have resulted in the issuance of a
criminal complaint, indictment or criminal information, or other
judicial determination of probable cause that an act constituting a
crime occurred;
c. office may allow an
application for compensation to be filed with the office after the
expiration of the statute of limitations if the victim or secondary
victim was of unsound mind or for good cause shown. Delay resulting
from the lack of knowledge of the filing requirements of R.I. Gen.
Laws § 12-25-1, et seq . shall not constitute good cause.
d. If more than one of the
exceptions described in § 2.7(A)(1) of this Part applies, the
application may be filed within the longest time period permitted by
§ 2.7(A)(1) of this Part.
2. Reporting of Crime to Law
Enforcement: An Applicant must demonstrate that the crime for which
he/she seeks compensation was reported to police or other appropriate
law enforcement authorities, or to an agency or entity obligated by
law to report complaints of criminal misconduct to law enforcement
authorities.
a. Appropriate law enforcement
authorities to whom a crime may be reported include: federal, state
or local police; school, college or university police.
b. Crimes involving minor
victims may be reported to the Department of Children, Youth and
Families pursuant to the reporting requirements of R.I. Gen. Laws §§
40-11-3 and 40-11-3.1. All other crimes must be reported to law
enforcement authorities specified in §§ 2.7(A)(2)(a) or (c)
of this Part.
c. The reporting of a crime to
a court through a citizen application for a restraining order under
R.I. Gen. Laws § 15-15-3 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 private security
personnel, rape crisis centers, rescue personnel, or the Crime Victim
Compensation Program do not constitute reports to law enforcement
authorities.
e. Crimes involving victims of
sexual assault may be reported to a Sexual Assault Nurse Examiner or
other medical professional for compensation related to the costs of
forensic sexual assault exams pursuant to § 2.7(A)(2) of this
Part and R.I. Gen. Laws § 12-25-22(a).
3. Timeliness of Report to Law
Enforcement Authorities: An Applicant must demonstrate that the crime
was reported within fifteen (15) days of its occurrence except where
the Administrator finds good cause for delay.
a. A crime is reported within
fifteen days of its occurrence if it is reported within fifteen days
of when the crime was discovered, or reasonably should have been
discovered.
b. Good cause for delay shall
include, but not be limited to, delay caused by physical or
psychological incapacity which prevented the making of a report; or
by reasonable fear of retaliation by the offender or others.
c. 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
R.I. Gen. Laws § 12-25-1 et seq . is contingent upon
reporting the crime to law enforcement authorities, does not
constitute good cause for delay.
d. A finding of good cause for
delay does not excuse the reporting requirement which must be
satisfied as a condition of receiving compensation.
4. Cooperation with Law
Enforcement: A victim must cooperate with the reasonable requests of
law enforcement agencies and personnel in the investigation and
prosecution of the crime.
a. Victim’s obligations:
Cooperation with law enforcement agencies and personnel includes
reporting the crime to law enforcement authorities; assisting in
identifying the suspect; and complying with all reasonable requests
of law enforcement agencies and personnel for information and
assistance. Cooperation with law enforcement shall 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 his right to apply for the
issuance of a criminal complaint.
2.8 Compensable Expenses
A. The following expenses are
compensable in accordance with the following requirements:
1. General Requirements.
a. No compensation shall be
awarded in excess of twenty-five thousand dollars ($25,000) plus any
attorney fees awarded pursuant to a successful request for
reconsideration to the Treasurer or Treasurer’s designee or
pursuant to a successful appeal to the Superior Court. If two or more
Applicants are eligible for compensation arising out of a crime
committed against one victim for the same crime, their applications
shall be joined under one application for compensation and each
Applicant shall be entitled to receive compensation to the extent of
out-of-pocket loss and in proportion to the out-of-pocket loss of
every other Applicant, but in no event shall the total compensation
exceed the maximum allowable under the statute.
b. In determining the amount
of the award, the Administrator, pursuant to the authority under R.I.
Gen. Laws § 12-25-18(b) to promulgate all rules and regulations
to effectuate the provisions and overall purpose of the 1972 and 1996
Acts and the 1999 amendments to the Criminal Injuries Compensation
Act of 1996, shall take into consideration the rates and amounts
payable for injuries and death under other statues of this state and
of the United States, and the amount of revenue in the violent crimes
indemnity account and the number and nature of claims pending against
it.
c. Fund of Last Resort: The
Criminal Injuries Compensation Act is a fund of last resort. An
Applicant must demonstrate that his/her compensable losses or legal
liability exceed reimbursements or eligibility for reimbursement or
compensation from any other collateral resource including, but not
limited to, all resources and sources of payment or reimbursement
listed in § 2.11(B)(5) of this Part and R.I. Gen. Laws §
12-25-23(b). Awards for compensation shall be reduced by all amounts
reimbursed, reimbursable or otherwise compensable by any other
source. No third party which has provided any compensation to an
Applicant shall have any claims against the office or the Program or
to the funds awarded to the Applicant pursuant to R.I. Gen. Laws §
12-25-24.
d. Elderly Victims: The
Administrator will make every effort to accelerate decisions on
awards for compensation and payments on applications filed by victims
over the age of sixty (60).
e. Order of Payments:
Applications shall be paid in the chronological order in which
decisions are made.
f. Reopening: An application
for compensation may be reopened or the Administrator may issue a
supplemental award for additional medical expenses, including
psychiatric care and mental health counseling expenses, and lost
earnings, provided that the Applicant provides proper documentation
that the additional expenses have been actually and reasonably
incurred as a direct result of the personal injury. The Administrator
shall issue a supplemental award as long as the total award does not
exceed the maximum award allowable under this statute.
g. The Administrator may issue
an award for expenses related to psychiatric care and mental health
counseling for a parent, spouse, sibling or child of a victim who
dies as a direct result of a violent crime, provided that the parent,
spouse, sibling or child provides proper documentation that the
psychiatric care and mental health counseling have been actually and
reasonably incurred as a direct result of the death of the victim.
h. Property losses are not
compensable expenses.
i. No interest shall be
included in or added to an award for compensation.
j. No compensation shall be
awarded to a secondary victim:
(1) in a total amount in
excess $1,500.00; and
(2) for expenses other than
those incurred for reasonable and necessary mental health counseling
and psychiatric care that have been actually and reasonably incurred
as a direct result of witnessing the homicide of a victim or the
domestic violence incident against a victim.
2. Medical Expenses: A victim
shall be eligible for compensation for reasonable medical care
obtained as a result of the crime.
a. Compensation for medical
expenses is limited to services, supplies and equipment that are
medically necessary and reasonably incurred as a direct result of the
crime. Compensation shall not be awarded for unrelated conditions or
services, or for preexisting conditions except to the extent they
were exacerbated by the crime. The cost of repair or replacement of
eyeglasses damaged or destroyed as the direct result of a crime shall
have a maximum award amount of $200.00. Compensation shall not be
awarded on the basis of an estimate of services to be rendered.
However, where the medical provider requires pre-authorization for
payments for medical treatment, the Administrator may authorize
payment for those medical services upon a showing by the medical
provider that:
(1) the medical services to be
rendered are related to the crime for which an application for
compensation was filed with the office; and
(2) the medical services are
reasonable and necessary to correct the injury to the victim; and
(3) the fees and costs
associated with the proposed medical services are reasonable and in
conjunction with R.I. Gen. Laws § 12-25-19(h). In addition,
compensation shall not be awarded for photocopying of medical records
or for the writing of medical reports.
b. The Applicant must
demonstrate an actual out-of-pocket loss or legal liability for
payment of compensable medical expenses, including the cost of
eyeglasses as stated in § 2.8(A)(2)(a) of this Part, which are
not reimbursed or reimbursable by any other source. In order to make
this demonstration, the Applicant must:
(1) if the victim is covered
by a private insurance provider, submit all bills for payment to the
insurance provider;
(2) exhaust all other sources
of public reimbursement including, but not limited to, Medicaid,
Medicare, workers’ compensation, social security, veterans
benefits, community free service, charity care, free care or
uncompensated care;
(3) comply with all reasonable
requests by the office to secure information and verifications
necessary to investigate the application.
c. Upon request by the office,
medical providers, including those rendering services for the
replacement of eyeglasses as stated in § 2.8(A)(2)(a) of this
Part, shall cooperate with the office in the investigation of
applications for compensation and are required to:
(1) verify that the services
rendered are medically necessary and reasonably incurred as a direct
result of the crime. Where medical services or therapy extend beyond
six months or 30 sessions (whichever is greater), the office may, as
a condition of further payment, require current verification that the
services are medically necessary and reasonably incurred as a direct
result of the crime;
(2) provide current billing
and balance information, including information about amounts covered
by insurance, public benefits or other sources, and current
information about any amounts paid and by whom;
(3) certify whether the
services rendered are reimbursable by Medicaid or any other public or
private insurance source, including, but not limited to, community
free service, charity care, free care or uncompensated care;
(4) in the case of hospitals,
assist the Applicant in applying for community free service, charity
care, free care or uncompensated care.
d. All medical providers,
including those rendering services for the replacement of eyeglasses
as stated in § 2.8(A)(2)(a) of this Part, must be licensed by
the Rhode Island Board of Medical Licensure and Discipline or an
equivalent state licensing authority, or must be certified by the
recognized national certification body for that profession.
e. The Administrator may
authorize an award for outstanding medical expenses payable directly
to the medical provider, but only if the provider has fully
cooperated with the office in the investigation of the claim.
Otherwise, awards shall be made payable solely to the Applicant.
f. Where compensable medical
services have been rendered, any award made payable to the medical
provider or jointly to the Applicant and the medical provider shall
be based on the current final adjustment to charge ratio approved by
the Department of Labor and Training pursuant to R.I. Gen. Laws §
28-33-1 et seq . and applied by the Rhode Island Workers’
Compensation Unit in establishing payout ratios for inpatient
charges, emergency room charges, and ambulatory surgery charges.
Amounts for all other medical services shall be based on the current
Rhode Island Workers’ Compensation Medical Fee Schedule. If the
provider employs a sliding scale fee structure for any category of
patient service, the award shall not exceed the amount the Applicant
would be charged if he/she qualified under the provider’s
sliding scale fee structure.
g. Any medical provider that
receives payment from the Office of the General Treasurer for medical
services, supplies or equipment pursuant to an award under R.I. Gen.
Laws § 12-25-1 et seq . shall, as a condition of the
receipt of such payment, accept such payment as discharging in full
any and all obligations of the victim or Applicant to pay, reimburse
or compensate the provider for medical services, supplies or
equipment, that have been reimbursed under this section. By accepting
payment as referenced herein, said medical provider shall be
prohibited from assessing any additional charges against the victim
or Applicant.
h. In making determinations
regarding applications for medical expenses, the Administrator may
obtain an advisory opinion of a review panel consisting of members of
the medical community.
3. Mental Health Counseling
a. A victim shall be eligible
for compensation for reasonable and necessary mental health
counseling and psychiatric care expenses that have been actually and
reasonably incurred as a direct result of the crime. A parent,
spouse, sibling or child of a victim who dies as a direct result of a
violent crime shall be eligible for compensation for reasonable and
necessary mental health counseling and psychiatric care expenses that
have been actually and reasonably incurred as a direct result of the
death of the victim. A secondary victim shall be eligible for
compensation for reasonable and necessary mental health counseling
and psychiatric care expenses that have been actually and reasonably
incurred as a direct result of witnessing the homicide of a victim or
the domestic violence incident against a victim. Compensation shall
not be awarded for treatment of unrelated conditions, or for
preexisting conditions to the extent they were exacerbated by the
crime. Compensation shall not be awarded on the basis of an estimate
of services to be rendered. However, where the mental health provider
requires pre-authorization for payments for mental health counseling
or psychiatric care, the Administrator may authorize payment for such
mental health counseling or psychiatric care upon a showing by the
mental health provider that:
(1) the mental health
counseling or psychiatric care to be rendered is related to the crime
for which an application for compensation was filed with the office;
(2) the mental health
counseling or psychiatric care is reasonable and necessary to correct
the injury to the victim; and
(3) the fees and costs
associated with the proposed mental health counseling or psychiatric
care are reasonable and in conjunction with R.I. Gen. Laws §
12-25-19(h).
(AA) The following maximum
rates and limitations for the payment of mental health treatment
sessions:
(i) $130 per hour is
reimbursed for individual services provided by a licensed
psychiatrist;
(ii) $110 per hour is
reimbursed for individual services provided by a licensed clinical
psychologist;
(iii) $90 per hour is
reimbursed for individual services provided by a licensed clinical
social worker, mental health nurse, marriage and family therapist
(MFT), or clinical nurse specialist with a specialty in psychiatric
mental health nursing;
(iv) For group therapy, 40% of
the maximum individual session rate is reimbursed;
(v) Family therapy is
reimbursed as individual session rates listed above;
(vi) An award issued to or on
behalf of a secondary victim shall not exceed $1,500.00 and shall not
be paid for costs incurred after a secondary victim reaches the age
of eighteen (18).
b. Upon request of the
Administrator, the treating mental health provider must submit a
mental health treatment plan on a form prescribed by the office. If
mental health treatment extends beyond six months or 30 sessions
(whichever is greater), the Administrator may require, as a condition
of further payment, the submission of a current, updated mental
health treatment plan by the mental health provider.
c. All mental health providers
must be registered or certified with, or licensed by, or under the
direct supervision of a person who is registered or certified with,
or licensed by either the Rhode Island Board of Medical Licensure and
Discipline, the Rhode Island Board of Registration of Social Workers,
the Rhode Island Board of Psychology, or the Rhode Island Department
of Health as a Mental Health Counselor or a Therapist in Marriage or
Family Practice, or by an equivalent state licensing authority.
d. In making determinations
regarding applications for mental health counseling or psychiatric
care, the Administrator may obtain an advisory opinion of a peer
review panel consisting of volunteer members of the mental health
provider community.
e. The office shall compensate
mental health counseling or psychiatric care expenses in accordance
with the following maximum rates and limitations as follows:
(1) $130 per hour is
reimbursed for individual services provided by a licensed
psychiatrist;
(2) $110 per hour is
reimbursed for individual services provided by a licensed clinical
psychologist;
(3) $90 per hour is reimbursed
for individual services provided by a licensed clinical social
worker, mental health nurse, marriage and family therapist (MFT), or
clinical nurse specialist with a specialty in psychiatric mental
health nursing;
(4) For group therapy, 40% of
the maximum individual session rate is reimbursed;
(5) Family therapy is
reimbursed as individual session rates listed above.
(6) An award issued to or on
behalf of a secondary victim shall not exceed $1,500.00 and shall not
be paid for costs incurred after a secondary victim reaches the age
of eighteen (18).
f. Compensation for mental
health counseling may be denied for expenses incurred in the
following instances:
(1) Missed or canceled
appointments;
(2) non-therapeutic
testimonial court appearances by a mental health provider;
(3) non-therapeutic
investigatory consultations;
(4) photocopying and report
writing; or
(5) tele-therapy or
dial-for-therapy services unconnected to any face-to-face
consultation of diagnosis.
g. The Administrator may
authorize payment directly to a mental health provider, but only if
the provider has fully cooperated with the office in the
investigation of the claim. Any mental health provider that receives
payment from the Office of the General Treasurer pursuant to an award
under R.I. Gen. Laws § 12-25-1 et seq . shall, as a
condition of the receipt of such payment, accept such payment as
discharging in full any and all obligations of the victim or
Applicant to pay, reimburse or compensate the provider for services
that have been reimbursed under this section. By accepting payment as
referenced herein, said mental health provider shall be prohibited
from assessing any additional charges against the victim or
Applicant.
4. Loss of Earnings: If, at
the time of the crime, the victim was employed, he may be eligible
for compensation for loss of earnings.
a. In order to be eligible for
loss of earnings, the victim must demonstrate that, as a direct
result of injuries caused by the crime, he/she is medically disabled
from working and, further, the exact number of weeks for which he/she
will be disabled from working. Upon request by the office, the victim
must submit a disability letter from a treating physician or mental
health provider demonstrating that the victim is disabled from
working as a direct result of the crime and specifying an exact date
when the victim is able to resume working. The disability letter must
be on the letterhead of the treating physician or mental health
provider, or on a disability form prescribed by the Crime Victim
Compensation Program, and signed by the treating physician or mental
health provider.
b. An award for loss of
earnings shall be based on the victim’s actual earnings at the
time of the crime. If the victim was performing salaried employment
at the time of the crime, the award shall be based on the victim’s
salary at the time of the crime. If the victim was performing
seasonal, nonsalaried or intermittent work at the time of the crime,
or if the victim had received a bona fide offer of employment at the
time of the crime, the office may look to the victim’s earnings
history and the value of the victim’s contractual work
obligations in order to determine the victim’s loss of
earnings. Any award for loss of earnings based on seasonal,
nonsalaried, or intermittent work, or on a bona fide offer of
employment shall be based on an average net anticipated salary for
the period of employment. If the victim was self-employed, the office
may look to the victim’s earnings history based on the victim’s
financial statements or tax returns for the three (3) years prior to
the time of the crime. Any award for loss of earnings for
self-employed victims shall be based on an average net salary for the
aforementioned period of self-employment.
c. If, at the time of the
crime, the victim was not employed, the Administrator shall not make
an award for loss of earnings.
d. Upon request by the office,
the Applicant must provide:
(1) verification from his/her
employer (or, if self-employed, from his/her own income tax records)
that he/she was employed at the time of the crime; and of the dates
he/she was absent from work, his/her net weekly earnings at the time
of the crime, and any sick and/or vacation benefits used in his/her
absence;
(2) proof of employment and
earnings history for one year preceding the crime.
e. An award for loss of
earnings shall be based on the loss of reported income. Unreported
income may not form the basis of an award for loss of earnings.
f. An award for loss of
earnings shall be based on net (after tax) earnings. Any compensation
awarded shall be reduced by any money received or receivable from any
other public or private source including, but not limited to,
workers’ compensation benefits, social security benefits,
disability benefits, and sick and vacation benefits.
g. Failure to provide proof of
earnings, or failure to provide proof of medical disability, may
result in denial of a claim for loss of earnings.
5. Eligibility for
Compensation for Loss of Support: Dependents of homicide victims
shall be eligible for loss of the victim’s financial support in
accordance with the following requirements:
a. In order to be eligible for
loss of financial support, an eligible Applicant must demonstrate
that, at the time of the crime, he/she was wholly or partially
dependent upon the financial support of the victim at the time of his
or her death.
(1) An eligible Applicant
shall be presumed wholly financially dependent on the victim if
he/she demonstrates that:
(AA) he/she is a minor child
of the victim who was living with the victim at the time of the crime
and receiving financial support from the victim; for purposes of a
minor child, the value of the care provided by a stay-at-home parent
with whom the child resided, shall constitute financial support; or
(BB) at the time of the crime,
the eligible Applicant was living with the victim and the victim’s
income constituted his/her primary source of financial support.
(2) An eligible Applicant may
establish that he/she was partially dependent on the victim if he/she
demonstrates that:
(AA) he/she is a minor child
of the victim who, at the time of the crime, was not living with the
victim but was receiving financial support directly from the victim;
or
(BB) at the time of the crime,
the eligible Applicant was living with the victim and dependent on
financial support received directly from the victim as shown by the
joint loan agreements, joint bank accounts or other documents
evidencing financial dependence.
6. Calculation of Award for
Loss of Support: Once the dependency of the eligible Applicant has
been established, an award for loss of support shall be calculated
based on the number of weeks for which the Applicant would have
remained financially dependent on the victim.
a. If the Applicant was wholly
dependent on the victim for financial support an award for loss of
support shall be based on the rate of $250.00 per week.
b. If the Applicant was
partially dependent on the victim for financial support, an award for
loss of support shall be based on the rate of $125.00 per week.
c. The Applicant must
demonstrate the number of weeks for which he/she would have remained
financially dependent on the victim. In making this determination,
the following limitations shall apply:
(1) if the Applicant is a
minor, the period of dependency shall continue until the Applicant
reaches the age of 18 years old, or in the case of a full-time
student, the period of dependency shall continue until the Applicant
reaches the age of 23 years old.
(2) the period of dependency
shall not exceed the life expectancy of either the victim or the
Applicant, whichever is sooner.
d. If two or more Applicants
seek compensation for loss of financial support from the same victim,
the award shall be apportioned based on each Applicant’s loss
of financial support from the victim, notwithstanding, in the case of
two or more minor children seeking compensation for loss of support
from the victim-parent, then the award shall be divided equally
between the minor children.
e. As a condition of making an
award to a minor dependent of a crime victim, the Administrator may
require that such funds be placed in a trust account for the benefit
of the minor dependent. The Administrator may also require that the
Applicant or individual entrusted with the care and custody of the
minor dependent execute and deliver to the office a trust agreement
certifying that said individual will hold the funds separate and
apart from his/her own monies, that said individual will, throughout
the period of the minor dependent’s minority, hold and
safeguard said funds for the benefit of the minor dependent, expend
said funds for the health and welfare of the minor dependent, and
that upon the minor dependent’s attainment of majority,
transfer title to all remaining funds and investments made on his/her
behalf to said minor dependent. If, at the time of the award, a
permanent guardian has not been appointed for the minor dependent,
the office may defer issuance of all or part of the award until such
time as a permanent guardian or trustee has been appointed, or until
the dependent reaches the age of 18, whichever is sooner.
7. Funeral and Burial
Expenses: An award for funeral and burial expenses shall be based on
reasonable and necessary expenses actually incurred by the Applicant
as a result of the death of the victim, less burial and life
insurance benefits and less contributions and donations received from
friends, other relatives or other sources.
a. Taking into consideration
the amount of revenue in the violent crimes indemnity account and the
number and nature of claims pending against it, the maximum award for
funeral and burial expenses shall be limited to ten thousand dollars
($10,000.00).
b. Funeral and burial expenses
shall be limited to those expenses incurred at the funeral home,
including reasonable and necessary cemetery charges, and including
reasonable and necessary expenses for a headstone for the victim and
such other reasonable and necessary charges as determined by the
Administrator.
c. If the Applicant is
eligible for payment of funeral and burial expenses through the
Department of Human Services pursuant to R.I. Gen. Laws §
40-6-3.10, this benefit must be deducted from the funeral and burial
expenses actually incurred by the Applicant.
d. The office may award
emergency compensation under the 1999 amendments to the Criminal
Injuries Compensation Act of 1996 for the burial expenses of a victim
who dies as a direct result of a violent crime. An award for
emergency compensation shall be awarded at the sole discretion of the
Administrator. An award for emergency compensation shall not exceed
the sum of ten thousand dollars ($10,000.00). Any award for emergency
compensation shall be deducted from the final award. In the event the
victim is later found to be ineligible for compensation under the
provisions of R.I. Gen. Laws § 12-25-1 et seq ., then the
victim’s estate or the Applicant, or both, shall repay the
amount of the emergency award to the fund.
e. The office shall work with
law enforcement authorities to obtain relevant facts and
circumstances surrounding the events that led to the death of the
victim before making an emergency burial award, including, but not
limited to, reviewing police reports and records and the criminal
record, if any, of the victim. If the Administrator determines that
the victim is not eligible, then no emergency burial award will be
made.
f. The office will act as
expeditiously and thoroughly as possible to ensure that prompt
payment of an emergency burial award is made.
8. Pain and Suffering: This §
2.8(A)(8) of this Part shall not apply to any claims for compensation
filed pursuant to the 1999 amendments to the Criminal Injuries
Compensation Act of 1996. Accordingly, any claims involving crimes
resulting in personal injury or death which occurred on or after
September 1, 1999 would not be eligible for an award for pain and
suffering. Further, any claims arising under or made pursuant to the
1972 or 1996 Acts which are voluntarily transferred by the Applicant
into the program established pursuant to the 1999 amendments to the
Criminal Injuries Compensation Act of 1996 would not be eligible for
an award for pain and suffering. The Applicant and/or the victim, by
transferring said claim, would waive all rights to a claim of pain
and suffering. As to claims filed pursuant to the 1972 Act or the
1996 Act, only a victim, the legal guardian of a victim, or the child
advocate filing an application for compensation on behalf of a minor
victim are eligible for an award for pain and suffering. Relatives,
dependents, and legal representatives of the victim’s estate
are not eligible for an award for pain and suffering.
a. In determining the amount
of the pain and suffering award, the Administrator shall take into
consideration the rates and amounts payable for injuries and death
under other statues of this state and of the United States, and the
amount of revenue in the violent crimes indemnity account and the
number and nature of claims pending against it. The amount of the
award for pain and suffering shall be based on the amount deemed
necessary and appropriate, taking into account the particular
circumstances involved in the crime and the financial resources
available in the violent crimes indemnity fund.
b. An award for pain and
suffering shall be based on a rate of $250.00 per week for each week
of total disability and a rate of $125.00 per week for each week of
partial disability. For the purpose of determining an award for pain
and suffering, the number of weeks the victim is totally or partially
disabled shall mean that period of time during which the victim was
either:
(1) hospitalized as an
inpatient at an acute care hospital, non-acute rehabilitation
hospital, nursing home facility, or psychiatric hospital; or
(2) treated on an ongoing
basis by a physician or mental health provider for injuries incurred
as a direct result of the crime; or
(3) unable to resume
employment due to the injuries incurred as a direct result of the
crime.
c. The victim must submit a
disability letter from a treating physician or mental health provider
specifically describing the victim’s disability, the exact
number of weeks the victim received treatment from the physician or
mental health provider, and the exact number of weeks the victim was
totally disabled and/or partially disabled.
9. Attorney Fees: For any
cases currently pending under the 1972 Act, upon a judgment in favor
of the plaintiff, the amount of compensation awarded to a plaintiff’s
attorney shall not exceed fifteen percent (15%) of the total amount
awarded to the plaintiff, or two thousand dollars ($2,000.00),
whichever is less, provided, however, that in unusual circumstances,
the court may award a larger attorney’s fee if it finds that a
departure from the limits set forth herein is warranted, stating
specific reasons upon which the finding and award is based. For cases
filed pursuant to the 1996 Act or the 1999 amendments to the Criminal
Injuries Compensation Act of 1996, attorney fees shall only be
awarded upon a successful request for reconsideration of the
Administrator’s decision to the Treasurer or the Treasurer’s
designee or upon a successful appeal of the Treasurer or the
Treasurer’s designee’s decision to the Superior Court.
Any attorney who charges, demands, receives or collects for services
rendered in connection with any proceeding under the 1996 Act or the
1999 amendments to the Criminal Injuries Compensation Act of 1996,
any amount in excess of that allowed under this section, if any
compensation is paid, shall be subject to disciplinary action and
other appropriate action to be taken by the Supreme Court of the
state of Rhode Island.
a. In order to be eligible for
an attorney fee award, the following conditions must apply:
(1) the attorney must fully
cooperate with the office in the investigation of the application,
including fully and promptly responding to all requests for
information and verification; and
(2) the attorney must submit
an affidavit which sets forth the hours worked, the services
rendered, and the amount of fee proposed to be charged for
representing the Applicant during the proceedings.
b. In determining the amount
of an attorney fee award, the Treasurer or the Treasurer’s
designee shall make a determination, based on the attorney affidavit
and a review of the file, of a reasonable amount of time in
preparation, in settlement negotiations, and in hearing attendance,
the total amount awarded to the Applicant for injuries incurred, and
the amount of revenue in the violent fines indemnity account,
together with the number and nature of the claims pending against it.
c. In no event shall an
attorney fee award exceed 15% of the total award for compensation, or
fifteen hundred dollars ($1,500.00), whichever is less, provided,
however, that in unusual circumstances, the Treasurer or court may
award a larger attorney’s fee if it finds that a departure from
the limits set forth in this subsection is warranted, stating
specific reasons upon which the finding and award is based.
d. Attorney fees shall not be
awarded in those cases brought by The Office of the Child Advocate.
10. Loss of earnings for
parent/guardian of minor or incompetent crime victim: In order for
the parent/guardian of a minor or incompetent crime victim to be
eligible for loss of earnings, the parent/guardian must demonstrate
that he/she was absent from work as a direct result of circumstances
attributed to the crime due to required medical treatment for the
victim, required mental health treatment for the victim, required
court appearances for the victim or required meetings for the victim
with law enforcement in the preparation and prosecution of the
criminal case. Proof will be required of the following:
a. documentation of the
reason(s) the parent/guardian was absent from work due to caregiver
responsibilities which are a direct result of the crime, as set forth
above; documentation of each absence shall be required as to the
date, time, place and purpose which resulted in the parent/guardian’s
absence from work.
b. documentation by the
employer of the parent/guardian as to the absence from work.
c. calculation of loss of
earnings shall be as follows:
(1) An award for loss of
earnings shall be based on the parent/guardian’s actual
earnings.
(2) If the parent/guardian was
performing salaried employment the award shall be based on the
parent/guardian’s salary at the time of the absence from work.
(3) If the parent/guardian was
performing seasonal, nonsalaried or intermittent work at the time of
the crime, the office may look to the parent/guardian’s
earnings history and the value of the parent/guardian’s
contractual work obligations in order to determine the
parent/guardian’s loss of earnings. Any award for loss of
earnings based on seasonal, nonsalaried, or intermittent work shall
be based on any average net anticipated earnings for the period of
employment. If the parent/guardian was self-employed, the office may
look to the parent/guardian’s earnings history based on the
parent/guardian’s financial statements or tax returns for the
three (3) years prior to the absence from work. Any award for loss of
earnings for self-employed parent/guardian shall be based on an
average net salary for the aforementioned period of self-employment.
(4) Upon request by the
office, the parent/guardian must provide verification from his/her
employer (or if self-employed, from his/her own income tax records)
that he/she was gainfully employed at the time of the required
absence; and of the dates he/she was required to be absent from work,
his/her net weekly earnings at the time of the required absence from
work, and any sick, vacation or personal time benefits available
during his/her absence. An award for loss of earnings shall be based
on the loss of reported income. Unreported income may not form the
basis of an award for loss of earnings. An award for loss of earnings
shall be based on net (after tax) earnings. Any compensation awarded
shall be reduced by any money received or receivable from any other
public or private source including, but not limited to, workers’
compensation benefits, social security benefits, disability benefits,
and sick, vacation or personal time benefits.
11. Crime scene clean-up
reimbursement: Crime scene clean-up refers to the professional
bio-hazard clean-up, disinfecting, and removal or attempted removal
of items contaminated by blood or other bodily fluids, dirt stains or
other debris caused by the crime for which victim or Applicant is
seeking compensation. This may include the removal or attempted
removal of stains, odors and broken glass to the premises and/or
property where the crime occurred.
a. An award for crime scene
clean-up shall not exceed the sum of $2,000. Any award for
crime-scene clean-up shall be deducted from the final award. The
costs must be an actual loss incurred.
b. An award for crime scene
clean-up shall be limited to expenses for cleaning and disinfecting,
and shall exclude any repair costs or costs for replacement of
property which is destroyed or damaged. For example, the cost of
painting, replacing doors, windows, or carpet shall not be
reimbursed.
c. The Administrator may deny
an award for crime scene clean-up for lack of verification showing
the need for the clean-up and detailing the expenses. Crime scene
clean-up expenses may be verified by the applicable law enforcement
report or by other detailed descriptions of the clean-up expenses.
d. An award for crime scene
clean-up shall be limited to expenses which are the responsibility of
the victim or Applicant.
12. Emergency relocation
expenses: The Administrator may issue an award for expenses resulting
from the temporary or permanent relocation of a victim, or the
temporary or permanent relocation of a relative, domestic partner or
dependent of a homicide victim provided that such relative, domestic
partner or dependent was living in the same household where the
homicide occurred. Compensation awarded for emergency relocation
expenses shall not exceed the sum of $5,000. Any award for emergency
relocation expenses shall be deducted from the final award.
a. In order to qualify for
compensation of relocation expenses, the following conditions must be
met:
(1) The crime must have
occurred in the victim’s primary place of residence or the
Applicant must demonstrate that, as a result of the crime, he or she
reasonably fears for his or her continued safety in his or her
primary place of residence.
(2) An Applicant must have an
immediate need to relocate, a reasonable fear to continue to live
within the arrangements as established prior to the crime, or,
alternatively, immediately following the crime, the Applicant must be
unable to afford the documented housing costs.
b. If the crime did not occur
in the victim's primary residence, the Administrator may require that
the Applicant provide documentation demonstrating that, as a result
of the crime, he or she possesses a reasonable fear of living in his
or her primary residence. The victim’s need for relocation may
be certified by a domestic violence agency, rape crisis center,
treating mental health provider or any other certified victim's
advocate agency.
c. All relocation expenses
must be incurred by the victim, relative, domestic partner or
dependent of a homicide victim as a direct result of the crime. The
expenses must be reasonable and necessary.
d. Types of expenses:
(1) Temporary housing
expenses: Temporary housing expenses are limited to $100 per night,
for not more than 10 nights.
(2) Start-up expenses:
Start-up expenses may include deposits for gas, oil and/or electric
utility connection. Start-up costs are not to exceed $300.
(3) Moving expenses: Moving
expenses may include rental trucks, moving companies, and storage
fees not to exceed three months. Total moving expenses are not to
exceed $1,000.
(4) Housing-related expenses:
Housing related expenses may include, but are not limited to,
mortgage, rent, or other housing costs. The Administrator will have
discretion to determine what is considered “reasonable rent”
based on the area of relocation. An award for housing-related
expenses related to rent will be limited to those amounts due for the
security deposit, the first month’s rent, and the second
month’s rent. These amounts shall be limited by the current
U.S. Department of Housing and Urban Development Fair Market Rent
(5) One-way transportation
expenses: One-way transportation expenses to relocate to another
permanent location, state, or jurisdiction. Transportation costs may
include: plane; train; auto rental; or bus fare. One-way
transportation costs are not to exceed $500 per person. CVCP shall
not be liable for any ancillary costs incurred including but not
limited to accidents or stolen vehicles.
(6) In no event shall the sum
of the compensation awarded to an Applicant for relocation expenses
exceed the aggregate amount of $5,000. Prior to any reimbursement,
substantiating documents must be presented to CVCP.
2.9 Limitations on Compensation
A. Violent Felonious Criminal
Conduct: If the victim has pled nolo contendere or been convicted of
violent felonious criminal conduct, committed within the past five
(5) years or subsequent to his or her injury, the Administrator may
reduce or deny an award to the Applicant or Applicants.
B. If the victim has pled nolo
contendere or been convicted of a crime listed in § 2.9(A) of
this Part above, the Administrator may reduce or deny an award to the
Applicant or Applicants. In determining whether to reduce or deny an
award, the Administrator may consider the following factors:
1. The remoteness in time
between the prior conviction and the application for benefits;
2. The nature and seriousness
of the crime which led to the conviction;
3. The extent and gravity of
the injury to the claimant’s victim(s) in the crime which led
to the conviction;
4. The victim’s disdain
for the law as represented by the extent of the victim’s prior
criminal record; and
5. The victim’s remorse
and rehabilitation since the conviction, such as, the efforts made by
the victim to provide restitution for the crime committed which led
to the conviction or efforts made by the victim to reimburse the
office for payments made to any person or entity in connection with
the convictions.
C. Any individual who is
incarcerated at any criminal institutional facility at the time of
his or her injury shall not be eligible to receive an award of
compensation.
D. Contribution: To the extent
the victim’s acts or conduct, including past behavior, directly
or indirectly provoked or contributed to the victim’s injuries,
the Administrator shall reduce or deny the award to the Applicant or
Applicants.
1. Definition of contributory
conduct: Contributory conduct is intentional conduct, willingly and
knowingly engaged in by the victim that is both a direct cause, and a
proximate cause, of the victim’s injuries.
2. Circumstances that, in
general, do not warrant the denial or reduction of an award based on
contributory conduct include:
a. acts of self-defense or
defense of others;
b. acts attributable to
reasonable efforts by the victim to aid a crime victim, to prevent a
crime from occurring in his/her presence, or to apprehend a person
who has committed a crime in his/her presence.
3. Circumstances that may
warrant a reduction or denial of an award based on contributory
conduct include:
a. crimes in which the victim
deliberately provoked the offender by means of fighting words, racial
or other bias-motivated taunting, or by threats coupled with overt
actions indicating the victim’s intent to carry out the threat;
b. crimes in which the victim
initiated or significantly escalated a physical altercation with the
offender;
c. crimes in which the victim
could have anticipated the conflict and retreated, but decided not to
retreat;
d. crimes constituting acts of
retaliation or retribution for a crime or crimes previously committed
by the victim;
e. crimes in which the victim
acted as an accomplice to the offender;
f. crimes committed during the
course of an illegal act in which the victim was a knowing and
willing participant;
g. crimes in which the
victim’s felony criminal record, coupled with the circumstances
of the crime, lead to the reasonable inference that the crime for
which the Applicant seeks compensation was directly caused or
provoked by the victim’s criminal history.
4. If the Administrator finds
that a victim knowingly and willingly engaged in intentional conduct
that was a direct cause of his/her injuries, the Administrator shall
determine the proximate cause of the victim’s injuries and may
deny, reduce or allow the award as follows:
a. if it was reasonably
foreseeable that the victim’s contributory actions would result
in injuries of the type and nature he/she sustained, the application
shall be denied (e.g. an implicit or explicit agreement to fight, in
which a physical altercation ensued resulting in mutual injuries).
b. if it was reasonably
foreseeable that the victim’s contributory conduct would result
in injuries to the victim, but it was not reasonably foreseeable that
his/her actions would result in injuries of the type and nature
sustained by the victim, the award may be reduced by 50% percent
(e.g. victim was stabbed or shot in response to punching the
offender).
c. if the victim’s
injuries were not reasonably foreseeable, the award shall not be
reduced or denied even though the victim’s actions were an
actual and direct cause of his injuries (e.g. victim was stabbed or
shot in response to verbal provocation of the offender).
E. Unjust Enrichment:
1. An Applicant shall not be
eligible for compensation if such compensation would directly or
indirectly unjustly benefit the offender.
2. In no event shall an
Applicant be denied compensation solely because of the Applicant’s
or the victim’s familial relationship with the offender or
because of the sharing of a residency by the victim or Applicant and
the offender.
2.10 Appeals
A. Request for
Reconsideration:
1. Within fifteen (15) days of
the date of receipt of the notice of an award or denial, the
Applicant may submit a request for reconsideration of the
Administrator’s decision. The request for reconsideration must
be in writing, accompanied by any further documentation supporting
the application and the request for reconsideration.
2. In addition, the
Administrator, in his or her own discretion, may reconsider a
decision awarding or denying compensation where there has been no
request for reconsideration. The Administrator shall then issue an
amended notice of award or denial.
3. Within thirty (30) days of
the receipt of the request for reconsideration and the supporting
documentation, the Treasurer or the Treasurer’s designee shall
reconsider any award or denial and, based on the additional
supporting documentation submitted by the Applicant, shall either
affirm the award or denial, or issue an amended award or denial or
remand the matter to the Administrator for further review. The
Applicant shall be notified of the decision upon reconsideration by
certified mail, return receipt requested, and by first class mail.
The decision of reconsideration shall be accompanied by information
informing the Applicant of the right to judicial review of the
decision upon reconsideration.
4. Any request for
reconsideration that involves a medical expense, mental health
counseling or psychiatric care expense, or funeral and burial expense
not previously submitted with the original application shall be
treated as a reopening of the application for compensation. The
Administrator shall investigate the request for reopening and issue a
supplemental award, if appropriate.
5. If no request for
reconsideration is filed within the time period specified in R.I.
Gen. Laws § 12-25-18(f), the decision of the Administrator shall
be final.
B. Appeals:
1. Within thirty (30) days of
the Treasurer’s or Treasurer’s designee’s decision
upon reconsideration, the Applicant may petition the Superior Court
for judicial review pursuant to the Administrative Procedures Act,
R.I. Gen. Laws § 42-35-15 and pursuant to R.I. Gen. Laws §
12-25-18(h).
2.11 Obligations of the Applicant
A. Applicant’s
Obligations: An Applicant shall have the following obligations with
respect to an application for compensation:
1. The application must be
made on an application form provided by the office;
2. The application must be
signed by the Applicant under the pains and penalties of perjury;
3. The application must be
accompanied by copies of bills and other supporting documentation
necessary to verify the application; and
4. The application must
contain a release of information necessary to investigate the
application.
B. Continuing Obligations: An
Applicant shall have a continuing obligation to:
1. provide the office with
current information relating to the application;
2. cooperate with the office
in the investigation of the application including responding promptly
to all requests for further information and verifications, and
responding promptly to all requests to exhaust other sources of
reimbursement;
3. notify the office of any
change in address;
4. provide information to the
office about any civil action anticipated or filed in connection with
the crime;
5. exhaust all other sources
of payment or reimbursement for compensable expenses, and promptly
notify the office of any order for payment or eligibility for payment
received or to be received by the victim or by any of his or her
dependents and relatives from any other source, including, but not
limited to:
a. life insurance, health
insurance, disability insurance or any other private or public
insurance program for personal injury or death, including lost wages;
b. workers’
compensation, social security benefits, veterans benefits, retirement
benefits or other private or public benefit program from the United
States, the state of Rhode Island or any state or any of its
subdivisions;
c. Medicaid, Medicare,
community free service, charity care, free care or uncompensated
care, or any other form of public assistance to the aged and disabled
or any successor;
d. restitution in the criminal
action received from the offender or from any person on behalf of the
offender;
e. proceeds from a civil suit;
or
f. institutional gifts,
charitable gifts, contributions, or donations.
6. In the event that an award
has been issued and payment has been made by the office, the
Applicant and/or victim shall promptly reimburse the violent crimes
indemnity fund, to the extent of compensation actually paid, for
payments received from any other source that exceed the total
compensable injuries suffered by the victim as determined by the
Administrator.
7. In the event that an award
has been issued but payment has not been made by the office, the
office shall be entitled to withhold payment to the Applicant and/or
victim when said Applicant and/or victim has received payments from
or settled any matter with any other source as mentioned herein that
exceeds the total compensable injuries suffered by the victim as
determined by the Administrator.
C. Burden of Proof: The
Applicant has the burden of demonstrating his/her eligibility for
compensation, and his/her compensable expenses, by a preponderance of
the evidence. The Applicant must provide written documentation to
establish the facts supporting his/her application for compensation.
Such documentation shall include, where appropriate, all expenses,
lost wage verifications, W-2 forms, tax returns, death and birth
certificates, and the incident report from the appropriate law
enforcement authorities.
D. Failure to Comply: An
Applicant’s failure to comply with any obligation set forth in
§ 2.11 of this Part may result in denial of the application for
compensation.
E. Fraudulent Application: Any
person who submits a false or fraudulent application; intentionally
makes or causes to be made any false statement or representation of a
material fact in relation to any application pending before the
office; or intentionally conceals or fails to disclose information
affecting the amount or the initial or continued right to any such
award shall be punished by a fine or not more than one thousand
dollars ($1,000) or imprisonment for not more than six (6) months, or
both.
2.12 Recovery from Offender
A. Whenever any person is
convicted of an offense and compensation is awarded for a personal
injury or death resulting from the act constituting the offense, the
state of Rhode Island shall institute an action against that person
for the recovery of the whole or any specified part of the
compensation in the Superior Court of the state of Rhode Island in
any county, or in the state or federal court of any other state or
district in which that person resides or is found.
B. The Administrator shall
pursue such recovery whenever possible in order to provide additional
funds for the violent crimes indemnity account. If such action is
impractical or impossible, the Administrator shall make a finding in
writing stating the reasons why such action is not instituted.
C. When a court orders a
defendant to make financial restitution to the victim of a crime to
whom compensation has been awarded pursuant to R.I. Gen. Laws §
12-25-1 et seq ., the state of Rhode Island may enforce the
civil judgment entered by the trial court against the defendant on
behalf of the victim pursuant to R.I. Gen. Laws § 12-28-5.1.
D. An action instituted by the
state of Rhode Island against any person for the recovery of the
whole or any specified part of the compensation awarded as mentioned
herein must be commenced within ten (10) years from the date
compensation is awarded by the office.
E. Notwithstanding the
provisions of § 2.9 of this Part, in the event that an offender
files an application for compensation with the office, the
Administrator shall have the authority to reduce any amount of
compensation awarded to the offender by any sum awarded to the victim
of the offender.
2.13 Confidentiality of Records
All medical records, mental
health counseling records, psychiatric records, employment
information, personal financial information and investigative records
received, obtained or maintained by the office in connection with any
application for compensation shall be maintained as confidential
investigative material, and shall not be released or disclosed to any
person or entity whatsoever, except as authorized by the Applicant or
as otherwise provided by law. The application and the notice of award
or denial shall be deemed public records, unless otherwise provided
by law.