Rhode Island Code of Regulations
Title 120 - Treasury Department
Chapter 00 - N/A
Subchapter 00 - N/A
Part 2 - Rules and Regulations Pertaining to the Crime Victim Compensation Program
Section 120-RICR-00-00-2.12 - Recovery from Offender

Current through September 18, 2024

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.

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