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-00-00-2.7 - Eligibility Requirements

a. If the victim or secondary victim was a minor when the crime was committed and the crime did not result in the death of the minor, that is, the victim suffered personal injury, the filing period shall not commence until the victim reaches the age of eighteen. For applications based on the personal injury of a minor victim, the application must be filed within one year after the date on which the minor victim reaches the age of eighteen if the personal injury occurred between August 21, 1996 and August 31, 1999. If the personal injury to the minor victim or secondary victim occurred on or after September 1, 1999, then the application must be filed within three years after the date on which the minor victim or secondary victim reaches the age of eighteen. For applications based on the death of a minor victim, the application must be filed within one year after the date of death of the minor, if the death occurred between August 21, 1996 and August 31, 1999, or within three years after the date of death of the minor if the death occurred or on or after September 1, 1999;

b. If the Applicant did not discover the act which constitutes a crime until more than one year after the crime was committed, the filing period shall not commence until the Applicant discovered or, in exercise of reasonable diligence, should have discovered, the act which constitutes a crime, provided, however, that in such cases, the crime for which the Applicant seeks compensation must have resulted in the issuance of a criminal complaint, indictment or criminal information, or other judicial determination of probable cause that an act constituting a crime occurred;

c. office may allow an application for compensation to be filed with the office after the expiration of the statute of limitations if the victim or secondary victim was of unsound mind or for good cause shown. Delay resulting from the lack of knowledge of the filing requirements of R.I. Gen. Laws §§ 12-25-1, et seq. shall not constitute good cause.

d. If more than one of the exceptions described in § 2.7(A)(1) of this Part applies, the application may be filed within the longest time period permitted by § 2.7(A)(1) of this Part.

a. Appropriate law enforcement authorities to whom a crime may be reported include: federal, state or local police; school, college or university police.

b. Crimes involving minor victims may be reported to the Department of Children, Youth and Families pursuant to the reporting requirements of R.I. Gen. Laws §§ 40-11-3 and 40-11-3.1. All other crimes must be reported to law enforcement authorities specified in §§ 2.7(A)(2)(a) or (c) of this Part.

c. The reporting of a crime to a court through a citizen application for a restraining order under R.I. Gen. Laws § 15-15-3 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 private security personnel, rape crisis centers, rescue personnel, or the Crime Victim Compensation Program do not constitute reports to law enforcement authorities.

e. Crimes involving victims of sexual assault may be reported to a Sexual Assault Nurse Examiner or other medical professional for compensation related to the costs of forensic sexual assault exams pursuant to § 2.7(A)(2) of this Part and R.I. Gen. Laws § 12-25-22(a).

a. A crime is reported within fifteen days of its occurrence if it is reported within fifteen days of when the crime was discovered, or reasonably should have been discovered.

b. Good cause for delay shall include, but not be limited to, 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 R.I. Gen. Laws § 12-25-1 et. seq. 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.

a. Victim's obligations: Cooperation with law enforcement agencies and personnel includes reporting the crime to law enforcement authorities; assisting in identifying the suspect; and complying with all reasonable requests of law enforcement agencies and personnel for information and assistance. Cooperation with law enforcement shall 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 right to apply for the issuance of a criminal complaint.