Current through December 26, 2024
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.
"Medical Forensic Examination" means an examination of a sexual assault victim
completed by a licensed health care provider who has specialized education and
clinical experience in the collection of forensic evidence and treatment of
these victims, which includes:
1. Gathering
information form the victim for the medical forensic history;
3. Documentation of biological and physical
finding, and collection of evidence from the patient; and
4. Documentation of findings.
I. "Minor" means a person under
the age of eighteen (18) years old.
J. "Offender" means an adult or juvenile who
commits the crime for which the Applicant seeks compensation.
K. "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.
L.
"Pecuniary loss" means:
1. In the event the
victim suffers personal injury:
a.
Out-of-pocket medical expenses (including psychiatric care) for which the
victim is not compensated by any other source;
b. Hospital expenses for which the victim is
not compensated by any other source;
c. Loss of past earnings for which the victim
is not compensated by any other source;
d. Loss of future earnings because of a
disability resulting from personal injury for which the victim is not
compensated by any other source and for which the victim has demonstrated, to
the satisfaction of the Administrator, a complete inability to perform gainful
employment; and
e. Reasonable and
necessary expenses directly related to:
(1)
The delivery or obtainment of necessary medical treatment;
(2) The delivery or obtainment of necessary
counseling services; and
(3)
Necessary participation in criminal justice proceedings.
2. In the event of the victim's
death:
a. Funeral, memorial, or burial
expenses for which the victim's estate is not compensated by any other
source;
b. Loss of support to the
victim's dependent(s) for which the dependent(s) are not compensated by any
other source; and
c. Reasonable and
necessary expenses directly related to:
(1)
Participation in funeral, memorial, and/or burial services;
(2) The delivery or obtainment of necessary
counseling services; or
(3)
Necessary participation in criminal justice proceedings.
3. Any other expenses actually and
necessarily incurred as a direct and proximate result of the personal injury or
death for which the victim or their estate is not compensated by any other
source, excluding damage to real or personal property M. "Personal injury"
means actual physical bodily harm, or mental or nervous shock, and a pregnancy
resulting from a sexual attack.
N. "Relative" means a spouse, parent,
grandparent, stepfather, stepmother, child, grandchild, brother, sister,
half-brother, half-sister, and a spouse's parents.
O. "Resident" means any person who has his or
her residence within the state of Rhode Island.
P. "Secondary victim" means a child who
suffers an emotional injury as a direct result of witnessing a homicide or
incident of domestic violence.
Q.
"Sexual Assault Nurse Examination" means a medical forensic examination
conducted by a Sexual Assault Nurse Examiner.
R. "Sexual Assault Nurse Examiner" means a
registered nurse who has completed a sexual assault nurse examiner ("SANE")
training program that meets the Forensic Sexual Assault Nurse Examiner
Guidelines established by the International Association of Forensic
Nurses.
S. "State" means the
District of Columbia, the fifty (50) states, the Commonwealth of Puerto Rico,
and the United States' territories and possessions.
T. "Treasurer" means the General Treasurer of
the State of Rhode Island or his or her designee.
U. "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.
V. "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;
5. Indecent assault and battery on a child
under thirteen (13) years of age;
6. Arson or statutory burning;
8. Robbery or larceny from that
person;
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.
W.
"1972 Act" means the Criminal Injuries Compensation Act of 1972, established
pursuant to R.I. Gen. Laws §§
12-25-1 through 12-25-15.
X. "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.
