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-00-00-2.8 - Compensable Expenses
Universal Citation: 120 RI Code of Rules 00 00 2.8
Current through September 18, 2024
A. The following expenses are compensable in accordance with the following requirements:
1. General Requirements.
a. No compensation shall be awarded in excess
of twenty-five thousand dollars ($25,000.00) plus any attorney fees awarded
pursuant to a successful request for reconsideration to the Treasurer or
Treasurer's designee or pursuant to a successful appeal to the Superior Court.
If two or more Applicants are eligible for compensation arising out of a crime
committed against one victim for the same crime, their applications shall be
joined under one application for compensation and each Applicant shall be
entitled to receive compensation to the extent of out-of-pocket loss and in
proportion to the out-of-pocket loss of every other Applicant, but in no event
shall the total compensation exceed the maximum allowable under the
statute.
b. In determining the
amount of the award, the Administrator, pursuant to the authority under R.I.
Gen. Laws §
12-25-18(b) to
promulgate all rules and regulations to effectuate the provisions and overall
purpose of the 1972 and 1996 Acts and the 1999 amendments to the Criminal
Injuries Compensation Act of 1996, R.I. Gen. Laws §
12-25-1.1, shall take into
consideration the rates and amounts payable for injuries and death under other
statues of this state and of the United States, and the amount of revenue in
the violent crimes indemnity account and the number and nature of claims
pending against it.
c. Fund of Last
Resort: The Criminal Injuries Compensation Act is a fund of last resort. An
Applicant must demonstrate that his/her compensable losses or legal liability
exceed reimbursements or eligibility for reimbursement or compensation from any
other collateral resource including, but not limited to, all resources and
sources of payment or reimbursement listed in §
2.11(B)(5)
of this Part and R.I. Gen. Laws §
12-25-23(b).
Awards for compensation shall be reduced by all amounts reimbursed,
reimbursable or otherwise compensable by any other source. No third party which
has provided any compensation to an Applicant shall have any claims against the
office or the Program or to the funds awarded to the Applicant pursuant to R.I.
Gen. Laws §
12-25-24.
d. Elderly Victims: The Administrator will
make every effort to accelerate decisions on awards for compensation and
payments on applications filed by victims over the age of sixty (60).
e. Order of Payments: Applications shall be
paid in the chronological order in which decisions are made.
f. Reopening: An application for compensation
may be reopened or the Administrator may issue a supplemental award for
additional medical expenses, including psychiatric care and mental health
counseling expenses, and lost earnings, provided that the Applicant provides
proper documentation that the additional expenses have been actually and
reasonably incurred as a direct result of the personal injury. The
Administrator shall issue a supplemental award as long as the total award does
not exceed the maximum award allowable under this statute.
g. The Administrator may issue an award for
expenses related to psychiatric care and mental health counseling for a parent,
spouse, sibling or child of a victim who dies as a direct result of a violent
crime, provided that the parent, spouse, sibling or child provides proper
documentation that the psychiatric care and mental health counseling have been
actually and reasonably incurred as a direct result of the death of the
victim.
h. Property losses are not
compensable expenses.
i. No
interest shall be included in or added to an award for compensation.
j. No compensation shall be awarded to a
secondary victim:
(1) in a total amount in
excess one thousand five hundred dollars ($1,500.00); and
(2) for expenses other than those incurred
for reasonable and necessary mental health counseling and psychiatric care that
have been actually and reasonably incurred as a direct result of witnessing the
homicide of a victim or the domestic violence incident against a
victim.
k. Compensable
expenses shall be supported by proper documentation.
2. Medical Expenses: A victim shall be
eligible for compensation for reasonable medical care obtained as a result of
the crime.
a. Compensation for medical
expenses is limited to services, supplies and equipment that are medically
necessary and reasonably incurred as a direct result of the crime. Compensation
shall not be awarded for unrelated conditions or services, or for preexisting
conditions except to the extent they were exacerbated by the crime. The cost of
repair or replacement of eyeglasses damaged or destroyed as the direct result
of a crime shall have a maximum award amount of two hundred dollars ($200.00).
Compensation shall not be awarded on the basis of an estimate of services to be
rendered. However, where the medical provider requires pre-authorization for
payments for medical treatment, the Administrator may authorize payment for
those medical services upon a showing by the medical provider that:
(1) the medical services to be rendered are
related to the crime for which an application for compensation was filed with
the office; and
(2) the medical
services are reasonable and necessary to correct the injury to the victim;
and
(3) the fees and costs
associated with the proposed medical services are reasonable and in conjunction
with R.I. Gen. Laws §
12-25-19(h). In
addition, compensation shall not be awarded for photocopying of medical records
or for the writing of medical reports.
b. The Applicant must demonstrate an actual
out-of-pocket loss or legal liability for payment of compensable medical
expenses, including the cost of eyeglasses as stated in §
2.8(A)(2)(a)
of this Part, which are not reimbursed or reimbursable by any other source. In
order to make this demonstration, the Applicant must:
(1) if the victim is covered by a private
insurance provider, submit all bills for payment to the insurance
provider;
(2) exhaust all other
sources of public reimbursement including, but not limited to, Medicaid,
Medicare, workers' compensation, social security, veterans benefits, community
free service, charity care, free care or uncompensated care;
(3) comply with all reasonable requests by
the office to secure information and verifications necessary to investigate the
application.
c. Upon
request by the office, medical providers, including those rendering services
for the replacement of eyeglasses as stated in §
2.8(A)(2)(a)
of this Part, shall cooperate with the office in the investigation of
applications for compensation and are required to:
(1) verify that the services rendered are
medically necessary and reasonably incurred as a direct result of the crime.
Where medical services or therapy extend beyond six (6) months or thirty (30)
sessions (whichever is greater), the office may, as a condition of further
payment, require current verification that the services are medically necessary
and reasonably incurred as a direct result of the crime;
(2) provide current billing and balance
information, including information about amounts covered by insurance, public
benefits or other sources, and current information about any amounts paid and
by whom;
(3) certify whether the
services rendered are reimbursable by Medicaid or any other public or private
insurance source, including, but not limited to, community free service,
charity care, free care or uncompensated care;
(4) in the case of hospitals, assist the
Applicant in applying for community free service, charity care, free care or
uncompensated care.
d.
All medical providers, including those rendering services for the replacement
of eyeglasses as stated in §
2.8(A)(2)(a)
of this Part, must be licensed by the Rhode Island Board of Medical Licensure
and Discipline or an equivalent state licensing authority, or must be certified
by the recognized national certification body for that profession.
e. The Administrator may authorize an award
for outstanding medical expenses payable directly to the medical provider, but
only if the provider has fully cooperated with the office in the investigation
of the claim. Otherwise, awards shall be made payable solely to the
Applicant.
f. Where compensable
medical services have been rendered, any award made payable to the medical
provider or jointly to the Applicant and the medical provider shall be based on
the current final adjustment to charge ratio approved by the Department of
Labor and Training pursuant to R.I. Gen. Laws §§
28-33-1
et seq.
and applied by the Rhode Island Workers' Compensation Unit in establishing
payout ratios for inpatient charges, emergency room charges, and ambulatory
surgery charges. Amounts for all other medical services shall be based on the
current Rhode Island Workers' Compensation Medical Fee Schedule. If the
provider employs a sliding scale fee structure for any category of patient
service, the award shall not exceed the amount the Applicant would be charged
if he/she qualified under the provider's sliding scale fee structure.
g. Any medical provider that receives payment
from the Office of the General Treasurer for medical services, supplies or
equipment pursuant to an award under R.I. Gen. Laws §§
12-25-1
et. seq.
shall, as a condition of the receipt of such payment, accept such payment as
discharging in full any and all obligations of the victim or Applicant to pay,
reimburse or compensate the provider for medical services, supplies or
equipment, that have been reimbursed under this section. By accepting payment
as referenced herein, said medical provider shall be prohibited from assessing
any additional charges against the victim or Applicant.
h. In making determinations regarding
applications for medical expenses, the Administrator may obtain an advisory
opinion of a review panel consisting of members of the medical
community.
3. Mental
Health Counseling
a. A victim shall be
eligible for compensation for reasonable and necessary mental health counseling
and psychiatric care expenses that have been actually and reasonably incurred
as a direct result of the crime. A parent, spouse, sibling or child of a victim
who dies as a direct result of a violent crime shall be eligible for
compensation for reasonable and necessary mental health counseling and
psychiatric care expenses that have been actually and reasonably incurred as a
direct result of the death of the victim. A secondary victim shall be eligible
for compensation for reasonable and necessary mental health counseling and
psychiatric care expenses that have been actually and reasonably incurred as a
direct result of witnessing the homicide of a victim or the domestic violence
incident against a victim. Compensation shall not be awarded for treatment of
unrelated conditions, or for preexisting conditions to the extent they were
exacerbated by the crime. Compensation shall not be awarded on the basis of an
estimate of services to be rendered. However, where the mental health provider
requires pre-authorization for payments for mental health counseling or
psychiatric care, the Administrator may authorize payment for such mental
health counseling or psychiatric care upon a showing by the mental health
provider that:
(1) the mental health
counseling or psychiatric care to be rendered is related to the crime for which
an application for compensation was filed with the office;
(2) the mental health counseling or
psychiatric care is reasonable and necessary to correct the injury to the
victim; and
(3) the fees and costs
associated with the proposed mental health counseling or psychiatric care are
reasonable and in conjunction with R.I. Gen. Laws §
12-25-19(h).
(AA) The following maximum rates and
limitations for the payment of mental health treatment sessions:
(i) $130 per hour is reimbursed for
individual services provided by a licensed psychiatrist;
(ii) $110 per hour is reimbursed for
individual services provided by a licensed clinical psychologist;
(iii) $90 per hour is reimbursed for
individual services provided by a licensed clinical social worker, mental
health nurse, marriage and family therapist (MFT), or clinical nurse specialist
with a specialty in psychiatric mental health nursing;
(iv) For group therapy, forty percent (40%)
of the maximum individual session rate is reimbursed;
(v) Family therapy is reimbursed as
individual session rates listed above;
(vi) An award issued to or on behalf of a
secondary victim shall not exceed one thousand five hundred dollars ($1,500.00)
and shall not be paid for costs incurred after a secondary victim reaches the
age of eighteen (18).
(4) An award issued to a minor witness of
domestic violence or homicide shall not exceed one thousand five hundred
dollars ($1,500.00) per claim.
b. Upon request of the Administrator, the
treating mental health provider must submit a mental health treatment plan on a
form prescribed by the office. If mental health treatment extends beyond six
months or thirty (30) sessions (whichever is greater), the Administrator may
require, as a condition of further payment, the submission of a current,
updated mental health treatment plan by the mental health provider.
c. All mental health providers must be
registered or certified with, or licensed by, or under the direct supervision
of a person who is registered or certified with, or licensed by either the
Rhode Island Board of Medical Licensure and Discipline, the Rhode Island Board
of Registration of Social Workers, the Rhode Island Board of Psychology, or the
Rhode Island Department of Health as a Mental Health Counselor or a Therapist
in Marriage or Family Practice, or by an equivalent state licensing
authority.
d. In making
determinations regarding applications for mental health counseling or
psychiatric care, the Administrator may obtain an advisory opinion of a peer
review panel consisting of volunteer members of the mental health provider
community.
e. The office shall
compensate mental health counseling or psychiatric care expenses in accordance
with the following maximum rates and limitations as follows:
(1) $130 per hour is reimbursed for
individual services provided by a licensed psychiatrist;
(2) $110 per hour is reimbursed for
individual services provided by a licensed clinical psychologist;
(3) $90 per hour is reimbursed for individual
services provided by a licensed clinical social worker, mental health nurse,
marriage and family therapist (MFT), or clinical nurse specialist with a
specialty in psychiatric mental health nursing;
(4) For group therapy, forty percent (40%) of
the maximum individual session rate is reimbursed;
(5) Family therapy is reimbursed as
individual session rates listed above.
(6) An award issued to or on behalf of a
secondary victim shall not exceed one thousand five hundred dollars ($1,500.00)
and shall not be paid for costs incurred after a secondary victim reaches the
age of eighteen (18).
f.
Compensation for mental health counseling may be denied for expenses incurred
in the following instances:
(1) Missed or
canceled appointments;
(2)
non-therapeutic testimonial court appearances by a mental health
provider;
(3) non-therapeutic
investigatory consultations;
(4)
photocopying and report writing; or
(5) tele-therapy or dial-for-therapy services
unconnected to any face-to-face consultation of diagnosis.
g. The Administrator may authorize payment
directly to a mental health provider, but only if the provider has fully
cooperated with the office in the investigation of the claim. Any mental health
provider that receives payment from the Office of the General Treasurer
pursuant to an award under R.I. Gen. Laws §§
12-25-1
et. seq.
shall, as a condition of the receipt of such payment, accept such payment as
discharging in full any and all obligations of the victim or Applicant to pay,
reimburse or compensate the provider for services that have been reimbursed
under this section. By accepting payment as referenced herein, said mental
health provider shall be prohibited from assessing any additional charges
against the victim or Applicant.
4. Loss of Earnings: If, at the time of the
crime, the victim was employed, he may be eligible for compensation for loss of
earnings.
a. In order to be eligible for loss
of earnings, the victim must demonstrate that, as a direct result of injuries
caused by the crime, he/she is medically disabled from working and, further,
the exact number of weeks for which he/she will be disabled from working. Upon
request by the office, the victim must submit a disability letter from a
treating physician or mental health provider demonstrating that the victim is
disabled from working as a direct result of the crime and specifying an exact
date when the victim is able to resume working. The disability letter must be
on the letterhead of the treating physician or mental health provider, or on a
disability form prescribed by the Crime Victim Compensation Program, and signed
by the treating physician or mental health provider.
b. An award for loss of earnings shall be
based on the victim's actual earnings at the time of the crime. If the victim
was performing salaried employment at the time of the crime, the award shall be
based on the victim's salary at the time of the crime. If the victim was
performing seasonal, nonsalaried or intermittent work at the time of the crime,
or if the victim had received a bona fide offer of employment at the time of
the crime, the office may look to the victim's earnings history and the value
of the victim's contractual work obligations in order to determine the victim's
loss of earnings. Any award for loss of earnings based on seasonal,
nonsalaried, or intermittent work, or on a bona fide offer of employment shall
be based on an average net anticipated salary for the period of employment. If
the victim was self-employed, the office may look to the victim's earnings
history based on the victim's financial statements or tax returns for the three
(3) years prior to the time of the crime. Any award for loss of earnings for
self-employed victims shall be based on an average net salary for the
aforementioned period of self-employment. All net earnings for injuries
occurring on or after January 1, 2022 are calculated based on 62% of the
victim's gross earnings.
c. If, at
the time of the crime, the victim was not employed, the Administrator shall not
make an award for loss of earnings.
d. Upon request by the office, the Applicant
must provide:
(1) verification from his/her
employer (or, if self-employed, from his/her own income tax records) that
he/she was employed at the time of the crime; and of the dates he/she was
absent from work, his/her net weekly earnings at the time of the crime, and any
sick and/or vacation benefits used in his/her absence;
(2) proof of employment and earnings history
for one year preceding the crime.
e. An award for loss of earnings shall be
based on the loss of reported income. Unreported income may not form the basis
of an award for loss of earnings.
f. An award for loss of earnings shall be
based on net (after tax) earnings. Any compensation awarded shall be reduced by
any money received or receivable from any other public or private source
including, but not limited to, workers' compensation benefits, social security
benefits, disability benefits, and sick and vacation benefits.
g. Failure to provide proof of earnings, or
failure to provide proof of medical disability, may result in denial of a claim
for loss of earnings.
5.
Eligibility for Compensation for Loss of Support: Dependents of homicide
victims shall be eligible for loss of the victim's financial support in
accordance with the following requirements:
a.
In order to be eligible for loss of financial support, an eligible Applicant
must demonstrate that, at the time of the crime, he/she was wholly or partially
dependent upon the financial support of the victim at the time of his or her
death.
(1) An eligible Applicant shall be
presumed wholly financially dependent on the victim if he/she demonstrates
that:
(AA) he/she is a minor child of the
victim who was living with the victim at the time of the crime and receiving
financial support from the victim; for purposes of a minor child, the value of
the care provided by a stay-at-home parent with whom the child resided, shall
constitute financial support; or
(BB) at the time of the crime, the eligible
Applicant was living with the victim and the victim's income constituted
his/her primary source of financial support.
(2) An eligible Applicant may establish that
he/she was partially dependent on the victim if he/she demonstrates that:
(AA) he/she is a minor child of the victim
who, at the time of the crime, was not living with the victim but was receiving
financial support directly from the victim; or
(BB) at the time of the crime, the eligible
Applicant was living with the victim and dependent on financial support
received directly from the victim as shown by the joint loan agreements, joint
bank accounts or other documents evidencing financial dependence.
6. Calculation
of Award for Loss of Support: Once the dependency of the eligible Applicant has
been established, an award for loss of support shall be calculated based on the
number of weeks for which the Applicant would have remained financially
dependent on the victim.
a. If the Applicant
was wholly dependent on the victim for financial support an award for loss of
support shall be based on the rate of two hundred fifty dollars ($250.00) per
week.
b. If the Applicant was
partially dependent on the victim for financial support, an award for loss of
support shall be based on the rate of one hundred twenty-five dollars ($125.00)
per week.
c. The Applicant must
demonstrate the number of weeks for which he/she would have remained
financially dependent on the victim. In making this determination, the
following limitations shall apply:
(1) if the
Applicant is a minor, the period of dependency shall continue until the
Applicant reaches the age of 18 years old, or in the case of a full-time
student, the period of dependency shall continue until the Applicant reaches
the age of twenty-three (23) years old.
(2) the period of dependency shall not exceed
the life expectancy of either the victim or the Applicant, whichever is
sooner.
d. If two or more
Applicants seek compensation for loss of financial support from the same
victim, the award shall be apportioned based on each Applicant's loss of
financial support from the victim, notwithstanding, in the case of two or more
minor children seeking compensation for loss of support from the victim-parent,
then the award shall be divided equally between the minor children.
e. As a condition of making an award to a
minor dependent of a crime victim, the Administrator may require that such
funds be placed in a trust account for the benefit of the minor dependent. The
Administrator may also require that the Applicant or individual entrusted with
the care and custody of the minor dependent execute and deliver to the office a
trust agreement certifying that said individual will hold the funds separate
and apart from his/her own monies, that said individual will, throughout the
period of the minor dependent's minority, hold and safeguard said funds for the
benefit of the minor dependent, expend said funds for the health and welfare of
the minor dependent, and that upon the minor dependent's attainment of
majority, transfer title to all remaining funds and investments made on his/her
behalf to said minor dependent. If, at the time of the award, a permanent
guardian has not been appointed for the minor dependent, the office may defer
issuance of all or part of the award until such time as a permanent guardian or
trustee has been appointed, or until the dependent reaches the age of 18,
whichever is sooner.
7.
Funeral and Burial Expenses: An award for funeral and burial expenses shall be
based on reasonable and necessary expenses actually incurred by the Applicant
as a result of the death of the victim, less burial and life insurance benefits
and less contributions and donations received from friends, other relatives or
other sources.
a. Taking into consideration
the amount of revenue in the violent crimes indemnity account and the number
and nature of claims pending against it, the maximum award for funeral and
burial expenses shall be limited to ten thousand dollars
($10,000.00).
b. Funeral and burial
expenses shall be limited to those expenses incurred at the funeral home,
including reasonable and necessary cemetery charges, and including reasonable
and necessary expenses for a headstone for the victim and such other reasonable
and necessary charges as determined by the Administrator.
c. If the Applicant is eligible for payment
of funeral and burial expenses through the Department of Human Services
pursuant to R.I. Gen. Laws §
40-6-3.10, this benefit must be
deducted from the funeral and burial expenses actually incurred by the
Applicant.
d. The office may award
emergency compensation under the 1999 amendments to the Criminal Injuries
Compensation Act of 1996, R.I. Gen. Laws §
12-25-1.1 for the burial expenses
of a victim who dies as a direct result of a violent crime. An award for
emergency compensation shall be awarded at the sole discretion of the
Administrator. An award for emergency compensation shall not exceed the sum of
ten thousand dollars ($10,000.00). Any award for emergency compensation shall
be deducted from the final award. In the event the victim is later found to be
ineligible for compensation under the provisions of R.I. Gen. Laws §§
12-25-1
et. seq.,
then the victim's estate or the Applicant, or both, shall repay the amount of
the emergency award to the fund.
e.
The office shall work with law enforcement authorities to obtain relevant facts
and circumstances surrounding the events that led to the death of the victim
before making an emergency burial award, including, but not limited to,
reviewing police reports and records and the criminal record, if any, of the
victim. If the Administrator determines that the victim is not eligible, then
no emergency burial award will be made.
f. The office will act as expeditiously and
thoroughly as possible to ensure that prompt payment of an emergency burial
award is made.
8. Pain
and Suffering: This §
2.8(A)(8) of
this Part shall not apply to any claims for compensation filed pursuant to the
1999 amendments to the Criminal Injuries Compensation Act of 1996, R.I. Gen.
Laws §
12-25-1.1. Accordingly, any claims
involving crimes resulting in personal injury or death which occurred on or
after September 1, 1999 would not be eligible for an award for pain and
suffering. Further, any claims arising under or made pursuant to the 1972 or
1996 Acts which are voluntarily transferred by the Applicant into the program
established pursuant to the 1999 amendments to the Criminal Injuries
Compensation Act of 1996, R.I. Gen. Laws §
12-25-1.1, would not be eligible
for an award for pain and suffering. The Applicant and/or the victim, by
transferring said claim, would waive all rights to a claim of pain and
suffering. As to claims filed pursuant to the 1972 Act or the 1996 Act, only a
victim, the legal guardian of a victim, or the child advocate filing an
application for compensation on behalf of a minor victim are eligible for an
award for pain and suffering. Relatives, dependents, and legal representatives
of the victim's estate are not eligible for an award for pain and suffering.
a. In determining the amount of the pain and
suffering award, the Administrator shall take into consideration the rates and
amounts payable for injuries and death under other statues of this state and of
the United States, and the amount of revenue in the violent crimes indemnity
account and the number and nature of claims pending against it. The amount of
the award for pain and suffering shall be based on the amount deemed necessary
and appropriate, taking into account the particular circumstances involved in
the crime and the financial resources available in the violent crimes indemnity
fund.
b. An award for pain and
suffering shall be based on a rate of two hundred fifty dollars ($250.00) per
week for each week of total disability and a rate of one hundred twenty-five
dollars ($125.00) per week for each week of partial disability. For the purpose
of determining an award for pain and suffering, the number of weeks the victim
is totally or partially disabled shall mean that period of time during which
the victim was either:
(1) hospitalized as an
inpatient at an acute care hospital, non-acute rehabilitation hospital, nursing
home facility, or psychiatric hospital; or
(2) treated on an ongoing basis by a
physician or mental health provider for injuries incurred as a direct result of
the crime; or
(3) unable to resume
employment due to the injuries incurred as a direct result of the
crime.
c. The victim must
submit a disability letter from a treating physician or mental health provider
specifically describing the victim's disability, the exact number of weeks the
victim received treatment from the physician or mental health provider, and the
exact number of weeks the victim was totally disabled and/or partially
disabled.
9. Attorney
Fees: For any cases currently pending under the 1972 Act, upon a judgment in
favor of the plaintiff, the amount of compensation awarded to a plaintiff's
attorney shall not exceed fifteen percent (15%) of the total amount awarded to
the plaintiff, or two thousand dollars ($2,000.00), whichever is less,
provided, however, that in unusual circumstances, the court may award a larger
attorney's fee if it finds that a departure from the limits set forth herein is
warranted, stating specific reasons upon which the finding and award is based.
For cases filed pursuant to the 1996 Act or the 1999 amendments to the Criminal
Injuries Compensation Act of 1996, R.I. Gen. Laws §
12-25-1.1, attorney fees shall
only be awarded upon a successful request for reconsideration of the
Administrator's decision to the Treasurer or the Treasurer's designee or upon a
successful appeal of the Treasurer or the Treasurer's designee's decision to
the Superior Court. Any attorney who charges, demands, receives or collects for
services rendered in connection with any proceeding under the 1996 Act or the
1999 amendments to the Criminal Injuries Compensation Act of 1996, R.I. Gen.
Laws §
12-25-1.1, any amount in excess of
that allowed under this section, if any compensation is paid, shall be subject
to disciplinary action and other appropriate action to be taken by the Supreme
Court of the state of Rhode Island.
a. In
order to be eligible for an attorney fee award, the following conditions must
apply:
(1) the attorney must fully cooperate
with the office in the investigation of the application, including fully and
promptly responding to all requests for information and verification;
and
(2) the attorney must submit an
affidavit which sets forth the hours worked, the services rendered, and the
amount of fee proposed to be charged for representing the Applicant during the
proceedings.
b. In
determining the amount of an attorney fee award, the Treasurer or the
Treasurer's designee shall make a determination, based on the attorney
affidavit and a review of the file, of a reasonable amount of time in
preparation, in settlement negotiations, and in hearing attendance, the total
amount awarded to the Applicant for injuries incurred, and the amount of
revenue in the violent fines indemnity account, together with the number and
nature of the claims pending against it.
c. In no event shall an attorney fee award
exceed fifteen percent (15%) of the total award for compensation, or one
thousand five hundred dollars ($1,500.00), whichever is less, provided,
however, that in unusual circumstances, the Treasurer or court may award a
larger attorney's fee if it finds that a departure from the limits set forth in
this subsection is warranted, stating specific reasons upon which the finding
and award is based.
d. Attorney
fees shall not be awarded in those cases brought by The Office of the Child
Advocate.
10. Loss of
earnings for parent/guardian of minor or incompetent crime victim: In order for
the parent/guardian of a minor or incompetent crime victim to be eligible for
loss of earnings, the parent/guardian must demonstrate that he/she was absent
from work as a direct result of circumstances attributed to the crime due to
required medical treatment for the victim, required mental health treatment for
the victim, required court appearances for the victim or required meetings for
the victim with law enforcement in the preparation and prosecution of the
criminal case. Proof will be required of the following:
a. documentation of the reason(s) the
parent/guardian was absent from work due to caregiver responsibilities which
are a direct result of the crime, as set forth above; documentation of each
absence shall be required as to the date, time, place and purpose which
resulted in the parent/guardian's absence from work.
b. documentation by the employer of the
parent/guardian as to the absence from work.
c. calculation of loss of earnings shall be
as follows:
(1) An award for loss of earnings
shall be based on the parent/guardian's actual earnings.
(2) If the parent/guardian was performing
salaried employment the award shall be based on the parent/guardian's salary at
the time of the absence from work.
(3) If the parent/guardian was performing
seasonal, nonsalaried or intermittent work at the time of the crime, the office
may look to the parent/guardian's earnings history and the value of the
parent/guardian's contractual work obligations in order to determine the
parent/guardian's loss of earnings. Any award for loss of earnings based on
seasonal, nonsalaried, or intermittent work shall be based on any average net
anticipated earnings for the period of employment. If the parent/guardian was
self-employed, the office may look to the parent/guardian's earnings history
based on the parent/guardian's financial statements or tax returns for the
three (3) years prior to the absence from work. Any award for loss of earnings
for self-employed parent/guardian shall be based on an average net salary for
the aforementioned period of self-employment.
(4) Upon request by the office, the
parent/guardian must provide verification from his/her employer (or if
self-employed, from his/her own income tax records) that he/she was gainfully
employed at the time of the required absence; and of the dates he/she was
required to be absent from work, his/her net weekly earnings at the time of the
required absence from work, and any sick, vacation or personal time benefits
available during his/her absence. An award for loss of earnings shall be based
on the loss of reported income. Unreported income may not form the basis of an
award for loss of earnings. An award for loss of earnings shall be based on net
(after tax) earnings. Any compensation awarded shall be reduced by any money
received or receivable from any other public or private source including, but
not limited to, workers' compensation benefits, social security benefits,
disability benefits, and sick, vacation or personal time benefits.
11. Crime scene clean-up
reimbursement: Crime scene clean-up refers to the professional bio-hazard
clean-up, disinfecting, and removal or attempted removal of items contaminated
by blood or other bodily fluids, dirt stains or other debris caused by the
crime for which victim or Applicant is seeking compensation. This may include
the removal or attempted removal of stains, odors and broken glass to the
premises and/or property where the crime occurred.
a. An award for crime scene clean-up shall
not exceed the sum of two thousand dollars ($2,000.00). Any award for
crime-scene clean-up shall be deducted from the final award. The costs must be
an actual loss incurred.
b. An
award for crime scene clean-up shall be limited to expenses for cleaning and
disinfecting, and shall exclude any repair costs or costs for replacement of
property which is destroyed or damaged. For example, the cost of painting,
replacing doors, windows, or carpet shall not be reimbursed.
c. The Administrator may deny an award for
crime scene clean-up for lack of verification showing the need for the clean-up
and detailing the expenses. Crime scene clean-up expenses may be verified by
the applicable law enforcement report or by other detailed descriptions of the
clean-up expenses.
d. An award for
crime scene clean-up shall be limited to expenses which are the responsibility
of the victim or Applicant.
12. Emergency relocation expenses: The
Administrator may issue an award for expenses resulting from the temporary or
permanent relocation of a victim, or the temporary or permanent relocation of a
relative, domestic partner or dependent of a homicide victim provided that such
relative, domestic partner or dependent was living in the same household where
the homicide occurred. Compensation awarded for emergency relocation expenses
shall not exceed the sum of five thousand dollars ($5,000.00). Any award for
emergency relocation expenses shall be deducted from the final award.
a. In order to qualify for compensation of
relocation expenses, the following conditions must be met:
(1) The crime must have occurred in the
victim's primary place of residence or the Applicant must demonstrate that, as
a result of the crime, he or she reasonably fears for his or her continued
safety in his or her primary place of residence.
(2) An Applicant must have an immediate need
to relocate, a reasonable fear to continue to live within the arrangements as
established prior to the crime, or, alternatively, immediately following the
crime, the Applicant must be unable to afford the documented housing
costs.
b. If the crime
did not occur in the victim's primary residence, the Administrator may require
that the Applicant provide documentation demonstrating that, as a result of the
crime, he or she possesses a reasonable fear of living in his or her primary
residence. The victim's need for relocation may be certified by a domestic
violence agency, rape crisis center, treating mental health provider or any
other certified victim's advocate agency.
c. All relocation expenses must be incurred
by the victim, relative, domestic partner or dependent of a homicide victim as
a direct result of the crime. The expenses must be reasonable and necessary.
d. Types of expenses:
(1) Temporary housing expenses: Temporary
housing expenses are limited to one hundred fifty dollars (150.00) per night,
for not more than ten (10) nights.
(2) Start-up expenses: Start-up expenses may
include deposits for gas, oil and/or electric utility connection. Start-up
costs are not to exceed three hundred dollars ($300.00).
(3) Moving expenses: Moving expenses may
include rental trucks, moving companies, and storage fees not to exceed three
months. Total moving expenses are not to exceed one thousand dollars
($1,000.00).
(4) Housing-related
expenses: Housing related expenses may include, but are not limited to,
mortgage, rent, or other housing costs. The Administrator will have discretion
to determine what is considered "reasonable rent" based on the area of
relocation. An award for housing-related expenses related to rent will be
limited to those amounts due for the security deposit, the first month's rent,
and the second month's rent. These amounts shall be limited by the current U.S.
Department of Housing and Urban Development Fair Market Rent.
(5) One-way transportation expenses: One-way
transportation expenses to relocate to another permanent location, state, or
jurisdiction. Transportation costs may include: plane; train; auto rental; or
bus fare. One-way transportation costs are not to exceed five hundred dollars
($500.00) per person. CVCP shall not be liable for any ancillary costs incurred
including but not limited to accidents or stolen vehicles.
(6) In no event shall the sum of the
compensation awarded to an Applicant for relocation expenses exceed the
aggregate amount of five thousand dollars ($5,000.00). Prior to any
reimbursement, substantiating documents must be presented to CVCP.
13. Home Modifications:
A victim shall be eligible for compensation for home modifications where deemed
medically necessary as a result of the crime. To be eligible for compensation
the following conditions must be met:
a. The
home modification must be deemed medically necessary as the result of the crime
by the appropriate medical professional(s).
b. Victim must provide a minimum of three (3)
quotes detailing the work to be completed, pricing for labor and materials, and
specifications (including measurements and type of materials to be used) of all
parts of the project.
c.
Administrator has issued a pre-authorization for the lowest cost option that
complies with relevant standards and medical necessity.
d. The appropriate permits have been issued
and inspections have been completed and approved.
14. Travel Expenses and Overnight
Accommodation:
a. Victim's personal injury. In
the event the victim suffers personal injury, the victim's reasonable and
necessary travel expenses and overnight accommodation to receive necessary
medical treatment, and/or counseling services, or to participate in criminal
justice proceedings shall be considered direct expenses and eligible for
compensation.
(1) An award for reasonable and
necessary travel expenses and overnight accommodation shall not exceed one
thousand dollars ($1,000) per claim.
(AA)
Reasonable and necessary travel expenses:
(i)
may include mileage, parking, car rental and/or round-trip fare for travel by
plane, train, bus, and/or taxi (or rideshare equivalent); and
(ii) may be awarded up to five hundred
dollars ($500).
(BB)
Reasonable and necessary overnight accommodation:
(i) may include overnight accommodation for
up to three (3) consecutive nights; and
(ii) may be awarded up to five hundred
dollars ($500), inclusive of taxes, at a rate of not more than one hundred
fifty dollars ($150) per night; and
(iii) excludes incidental expenditures, which
include but are not limited to food, beverage and damages, and shall not be
considered compensable.
(2) The Administrator shall have the
discretion to waive the cap on reasonable and necessary travel expenses and
overnight accommodation upon a showing of good cause by the victim.
b. Victim's Death. In the event of
the victim's death, reasonable and necessary travel expenses and overnight
accommodation of one or more dependents to participate in a funeral, memorial,
and/or burial service, to receive necessary counseling services or to
participate in criminal justice proceedings shall be considered direct expenses
and eligible for compensation.
(1) An award
for dependent(s)'s reasonable and necessary travel expenses and overnight
accommodation shall not exceed three thousand dollars ($3,000) relating to
claims per victim's death.
(AA) Reasonable and
necessary travel expenses:
(i) may include
mileage, parking, car rental and/or round-trip fare for travel by plane, train,
bus, and/or taxi (or rideshare equivalent); and
(ii) may be awarded up to two thousand
dollars ($2,000).
(BB)
Reasonable and necessary accommodation:
(i)
may include overnight accommodation for up to three (3) consecutive nights;
and
(ii) may be awarded up to one
thousand dollars ($1,000), inclusive of taxes, at a rate of not more than two
hundred fifty dollars ($250) per night; and
(iii) exclude incidental expenditures, which
include but not limited to food, beverage and damages, and shall not be
considered compensable.
(2) The Administrator shall have the
discretion to waive the cap on reasonable and necessary travel expenses and
overnight accommodation upon a showing of good cause by the
dependent(s).
c. A victim
or their dependent(s) seeking compensation or reimbursement for necessary and
reasonable travel expenses and/or overnight accommodation must select a
cost-effective option. The Administrator may require the victim or dependent
eligible for an award to justify the cost-effectiveness of any reasonable and
necessary travel expenses and overnight accommodation.
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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