Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 14.00 - Compensation Of Victims Of Violent Crimes
Section 14.05 - Eligibility Requirements

Universal Citation: 940 MA Code of Regs 940.14

Current through Register 1518, March 29, 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, § 12A½, 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).

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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