Current through Register 1531, September 27, 2024
A person eligible for compensation must satisfy each of the
following conditions:
(1)
Reporting of Crime to Law Enforcement Authorities. A
claimant must demonstrate that the crime for which he or she seeks 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
M.B.T.A. 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 Department of Elder
Affairs 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 940 CMR
14.05(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), after the
performance of a Forensic Sexual Assault Exam in accordance with M.G.L. c. 112,
§ 12A1/2, shall constitute a report to law enforcement
authorities.
(e) Reports to private
security personnel, rape crisis centers, or the Division do not constitute
reports to law enforcement authorities.
(2)
Timeliness of
Report. A claimant must demonstrate that the crime was reported
within five days of its occurrence except where the Division 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 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 M.G.L. c. 258C 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.
(3)
Cooperation with Law
Enforcement. A claimant must cooperate in the investigation and
prosecution of the crime, unless the Division finds the claimant had a
reasonable excuse for failure to cooperate.
(a)
Claimant's
Obligation. Cooperation with law enforcement includes reporting
the crime to law enforcement authorities; assisting in identifying the suspect;
and 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 his or her right to apply for the issuance of a criminal
complaint.
(b)
Reasonable Excuse. Reasonable excuse for failure to
cooperate in the investigation or prosecution of the crime includes, but is not
limited to, physical or psychological inability to cooperate or reasonable fear
of retaliation by the offender or others. Where a claimant has failed to
cooperate by failing to apply for the issuance of a criminal complaint in the
circumstances described in 940 CMR 14.05(3)(a), reasonable excuse may also
include physical inability to travel to court, or cultural or language barriers
limiting access to the court system.
(4)
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, the filing period shall not commence until the victim reaches
the age of 18 provided, however, that 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, 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 940 CMR
14.05(4) applies, the claim may be filed within the longest time period
permitted by 940 CMR 14.05(4).
