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-00-00-2.5 - Transition Rules

Universal Citation: 120 RI Code of Rules 00 00 2.5

Current through September 18, 2024

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, R.I. Gen. Laws § 12-25-1.1, shall do so through the Criminal Injuries Act of 1996, as amended, R.I. Gen. Laws § 12-25-1.1, 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, R.I. Gen. Laws § 12-25-1.1. 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, R.I. Gen. Laws § 12-25-1.1, 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, R.I. Gen. Laws § 12-25-1.1, 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 ($2,000.00), 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, R.I. Gen. Laws § 12-25-1.1. 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, R.I. Gen. Laws § 12-25-1.1. 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.

Disclaimer: These regulations may not be the most recent version. Rhode Island 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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