reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-25 - Criminal Injuries Compensation › Section 12-25-20. - Offenses to which chapter applies.

§ 12-25-20. Offenses to which chapter applies.
The office may award compensation in accordance with the provisions of this chapter for personal injury or death which resulted from offenses in the following categories:
(1)
Assault with intent to commit murder, robbery, or rape;
(2)
Assault with a dangerous weapon;
(3)
Assault and battery;
(4)
Mayhem;
(5)
Indecent assault and battery on a child under thirteen (13) years of age;
(6)
Arson or statutory burning;
(7)
Kidnapping;
(8)
Robbery or larceny from that person;
(9)
Murder;
(10)
Manslaughter;
(11)
First or second degree sexual assault;
(12)
Child molestation, first or second degree;
(13)
The abominable and detestable crime against nature or assault with intent to commit the abominable and detestable crime against nature;
(14)
Driving under the influence of alcohol or drugs;
(15)
Refusal by a driver to submit to a chemical test for alcohol or drugs in the immediate aftermath of a collision;
(16)
Driving so as to endanger, resulting in death, pursuant to § 31-27-1;
(17)
Driving so as to endanger, resulting in personal injury, pursuant to § 31-27-1.1;
(18)
Any other crime excluding motor vehicle offenses other than those enumerated in this section which results in personal injury or death; and
(19)
Failure to stop by a driver in circumstances which result in the death of any person, pursuant to § 31-26-1.
History of Section.
P.L. 1996, ch. 434, § 3; P.L. 1997, ch. 183, § 1; P.L. 1997, ch. 317, § 1; P.L. 1999, ch. 125, § 2; P.L. 1999, ch. 128, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-25 - Criminal Injuries Compensation › Section 12-25-21. - Nature of compensation.

§ 12-25-21. Nature of compensation.
(a)
The office may award compensation under this chapter for:
(1)
Expenses actually and reasonably incurred as a result of the personal injury or death of the victim;
(2)
Pecuniary loss to the dependents of the deceased victim;
(3)
Any other pecuniary loss resulting from the personal injury or death of the victim, the amount of which the office finds upon the evidence to be reasonable and necessary;
(4)
The administrator may issue a supplemental award for compensation for additional medical expenses, including psychiatric care and mental health counseling, provided that the victim provides proper documentation that the additional medical 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 chapter;
(5)
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 as defined in this chapter, provided that the parent, spouse, sibling or child provide 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; and
(6)
The administrator may issue an award for expenses related to psychiatric care and mental health counseling for a secondary victim, provided that the secondary victim provides proper documentation that the psychiatric care and mental health counseling 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. An award issued to a secondary victim for psychiatric care and mental health counseling shall not exceed one thousand five hundred dollars ($1,500) and shall not be paid upon a secondary victim reaching the age of eighteen (18).
(b)
In determining the amount of the judgment or order approving a settlement, the office shall take into consideration the rates and amounts payable for injuries and death under other statutes 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 office shall make every effort to ensure that compensation awards are paid within six (6) months of the date of application.
History of Section.
P.L. 1996, ch. 434, § 3; P.L. 1999, ch. 125, § 2; P.L. 1999, ch. 128, § 2; P.L. 2008, ch. 125, § 1; P.L. 2008, ch. 205, § 1; P.L. 2017, ch. 110, § 1; P.L. 2017, ch. 174, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-25 - Criminal Injuries Compensation › Section 12-25-21.1. - Emergency fund for victims.

§ 12-25-21.1. Emergency fund for victims.
(a)
The office may award emergency compensation under this chapter for the: (1) Burial expenses of a victim who dies as a direct result of a violent crime as defined in this chapter; (2) Cost of the crime scene clean up; and (3) Relocation expenses.
(b)
The award for emergency compensation shall be awarded at the sole discretion of the program administrator. The administrator may promulgate rules and regulations to administer the provisions of this section.
(c)
An award for emergency compensation for burial expenses shall not exceed the sum of ten thousand dollars ($10,000).
(d)
An award for emergency compensation for crime scene clean up shall not exceed two thousand dollars ($2,000).
(e)
An award for emergency compensation for relocation costs shall not exceed five thousand dollars ($5,000).
(f)
The award for emergency compensation for burial expenses, crime scene clean up, and relocation costs shall be deducted from the final award. In the event the victim is not eligible for an award, the victim shall repay the amount of the emergency award to the fund.
(g)
Any payments made for the emergency compensation shall be deducted from the final award. In no event shall the final award exceed the maximum award of twenty-five thousand dollars ($25,000).
History of Section.
P.L. 1999, ch. 125, § 3; P.L. 1999, ch. 128, § 3; P.L. 2011, ch. 187, § 1; P.L. 2011, ch. 299, § 1; P.L. 2013, ch. 272, § 1; P.L. 2013, ch. 356, § 1; P.L. 2016, ch. 15, § 1; P.L. 2016, ch. 17, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-25 - Criminal Injuries Compensation › Section 12-25-22. - Limitations upon awarding compensation.

§ 12-25-22. Limitations upon awarding compensation.
(a)
Actions for compensation under this chapter shall be commenced within three (3) years after the date of the injury or death, and no compensation shall be awarded for an injury or death resulting from a crime that was not reported to the appropriate law enforcement authority within fifteen (15) days of its occurrence; provided, that the office shall have the authority to allow a claim that was not reported pursuant to this section when the victim or secondary victim was below the age of eighteen (18) years of age, or of unsound mind, or for good cause shown.
(b)
No compensation shall be awarded under this chapter to the victim, or in the case of death to dependent relatives or to the legal representative, in a total amount in excess of twenty-five thousand dollars ($25,000) plus any attorney fees awarded upon appeal to the treasurer or to the superior court pursuant to § 12-25-25.
(c)
No compensation shall be awarded under this chapter to a secondary victim in a total amount in excess of one thousand five hundred dollars ($1,500).
(d)
No compensation shall be awarded when the office, in its discretion, determines that unjust enrichment to or on behalf of the offender would result. Compensation under this chapter shall not be awarded to any victim or dependent relative or legal representative if the award would directly or indirectly inure to the benefit of the offender.
(e)
No interest shall be included in or added to an award of compensation under this chapter.
(f)
When the plaintiff is the victim’s estate, it shall only be awarded compensation for the victim’s actual medical, hospital, funeral, and burial expenses for which the victim or his or her estate is not compensated by any other source and for the loss of support to the dependents of the victim.
History of Section.
P.L. 1996, ch. 434, § 3; P.L. 1999, ch. 125, § 2; P.L. 1999, ch. 128, § 2; P.L. 2017, ch. 110, § 1; P.L. 2017, ch. 174, § 1; P.L. 2017, ch. 341, § 1; P.L. 2017, ch. 350, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-25 - Criminal Injuries Compensation › Section 12-25-23. - Terms of the award.

§ 12-25-23. Terms of the award.
(a)
Except as otherwise provided in this section, any award of compensation under this chapter may be made on terms that the office deems appropriate.
(b)
The Criminal Injuries Compensation Act shall be regarded as a fund of last resort. Accordingly, the office shall deduct from any payments awarded under this chapter any payments received by the victim or by any of his or her dependents from the offender or from any person on behalf of the offender, or from the United States (except those received under this chapter), the state of Rhode Island or any state or any of its subdivisions, or from any insurance carrier, for personal injury or death compensable under this chapter, including lost wages, but only to the extent that the sum of the payments and any award under this chapter are in excess of the total compensable injuries suffered by the victim as determined by the office.
(c)
Any person who: (1) submits a false or fraudulent application; (2) intentionally makes or causes to be made any false statement or representation of a material fact in relation to any claim pending before the office; or (3) intentionally conceals or fails to disclose information affecting the amount or the initial or continued right to any award; shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than six (6) months, or both.
History of Section.
P.L. 1996, ch. 434, § 3; P.L. 1999, ch. 125, § 2; P.L. 1999, ch. 128, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-25 - Criminal Injuries Compensation › Section 12-25-24. - Subrogation — Prohibited.

§ 12-25-24. Subrogation — Prohibited.
No third party which has provided any compensation to the injured victim shall have any claim against the funds awarded pursuant to this chapter to the victim or in the case of death to the victim’s estate.
History of Section.
P.L. 1996, ch. 434, § 3.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-25 - Criminal Injuries Compensation › Section 12-25-25. - Attorneys’ fees.

§ 12-25-25. Attorneys’ fees.
(a)
The treasurer may award attorneys’ fees pursuant to this section from the violent crimes indemnity account for successful appeals of the administrator’s awards of compensation brought pursuant to § 12-25-18(g).
(b)
The superior court may award attorneys’ fees pursuant to this section from the violent crimes indemnity account for successful appeals of treasurer’s office awards of compensation brought pursuant to § 12-25-18(i).
(c)(1)
At the conclusion of the appeal proceedings, the attorney representing the plaintiff shall file a statement with the treasurer or court setting forth the amount of fee proposed to be charged in connection with his or her efforts and services rendered in the proceedings.
(2)
In determining the amount of compensation to be awarded an attorney, the treasurer or the court shall consider the time expended by the plaintiff ’s attorney in preparation, in settlement negotiations, and in court or hearing attendance, the total amount awarded to the plaintiff for injuries incurred, and the amount of revenue in the violent crimes indemnity account, together with the number and the nature of claims pending against it.
(3)
The amount of compensation awarded to plaintiff ’s attorney shall not exceed fifteen percent (15%) of the total amount awarded to the plaintiff, or fifteen hundred dollars ($1,500), whichever is less; provided, 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.
(4)
Attorneys’ fees shall not be awarded in those cases brought by the office of the child advocate.
(d)
After the fee information is filed by an attorney under subsection (a) of this section, the treasurer or court shall determine whether the proposed fee conforms with the standards set forth in subsection (a) of this section. If the treasurer or court initially determines that the proposed fee does not so conform, the treasurer or court shall, upon notice to the attorney, determine the amount of a reasonable fee to be awarded in accordance with those standards.
(e)
Any attorney who charges, demands, receives or collects for services rendered in connection with any proceedings under this chapter 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 bar association of the state of Rhode Island.
(f)
Upon certification by the treasurer or court to the effect that the fee has been established, the administrator shall pay to the attorney named in the certification the amount of the counsel fee which shall be paid from the violent crimes indemnity account.
History of Section.
P.L. 1996, ch. 434, § 3.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-25 - Criminal Injuries Compensation › Section 12-25-26. - Recovery from offender.

§ 12-25-26. Recovery from offender.
(a)
Whenever any person is convicted of an offense and compensation is awarded under this chapter or under the 1972 Act 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, or make a finding in writing, of the reasons why it is impractical or impossible to institute that action. The office shall pursue the recovery whenever possible in order to provide additional funds for the violent crimes indemnity account. The administrator shall develop rules and regulations pursuant to the Administrative Procedures Act, chapter 35 of title 42, to identify those so convicted, determine their ability to compensate the fund, and file whatever action is appropriate to recoup those funds.
(b)
Process of the superior court for any county in any action under this section may be served by the sheriff of the county. Whenever it appears to the court in which any action under this section is pending that other parties should be brought before the court in the action, the court may cause those other parties to be summoned.
(c)
An order for the payment of compensation under this chapter or under the 1972 Act shall not affect the right of any person to recover damages from any other person by a civil action for the injury or death.
(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 under this chapter or under the 1972 Act shall be commenced within ten (10) years from the date compensation is awarded, and not thereafter.
History of Section.
P.L. 1996, ch. 434, § 3; P.L. 1999, ch. 125, § 2; P.L. 1999, ch. 128, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-25 - Criminal Injuries Compensation › Section 12-25-27. - Reports to the senate and the house of representatives.

§ 12-25-27. Reports to the senate and the house of representatives.
The office shall coordinate the violent crimes indemnity funds and any federal moneys available, and shall transmit to the governor and to the legislature an annual report setting forth:
(1)
The amount of money in the fund at the start of the year;
(2)
The amount of payments ordered to be contributed to the fund during the year;
(3)
The amount of funds collected during the year;
(4)
The number of claims filed during the year;
(5)
The number of claims adjudicated during the year;
(6)
The number of claims adjudicated in which the victim was awarded compensation;
(7)
The number of claims adjudicated in which the victim was denied compensation;
(8)
The total amount of money disbursed from the fund during the year;
(9)
The projected wait to receive compensation for cases filed that year; and
(10)
Any proposed legislative and other changes in the program.
History of Section.
P.L. 1996, ch. 434, § 3.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-25 - Criminal Injuries Compensation › Section 12-25-28. - Special indemnity account for criminal injuries compensation.

§ 12-25-28. Special indemnity account for criminal injuries compensation.
(a)
It is provided that the general treasurer establish a violent crimes indemnity account within the general fund for the purpose of paying awards granted pursuant to this chapter. The court shall assess as court costs in addition to those provided by law, against all defendants charged with a felony, misdemeanor, or petty misdemeanor, whether or not the crime was a crime of violence, and who plead nolo contendere, guilty or who are found guilty of the commission of those crimes as follows:
(1)
Where the offense charged is a felony and carries a maximum penalty of five (5) or more years imprisonment, one hundred and fifty dollars ($150) or fifteen percent (15%) of any fine imposed on the defendant by the court, whichever is greater.
(2)
Where the offense charged is a felony and carries a maximum penalty of less than five (5) years imprisonment, ninety dollars ($90.00) or fifteen percent (15%) of any fine imposed on the defendant by the court, whichever is greater.
(3)
Where the offense charged is a misdemeanor, thirty dollars ($30.00) or fifteen percent (15%) of any fine imposed on the defendant by the court, whichever is greater.
(b)
These costs shall be assessed whether or not the defendant is sentenced to prison and in no case shall they be waived by the court unless the court finds an inability to pay.
(c)
When there are multiple counts or multiple charges to be disposed of simultaneously, the judge shall have the authority to suspend the obligation of the defendant to pay on all counts or charges above two (2).
(d)
Up to fifteen percent (15%) of the state funds raised under this section, as well as federal matching funds, shall be available to pay administrative expenses necessary to operate this program. Federal funds for this purpose shall not supplant currently available state funds, as required by federal law.
History of Section.
P.L. 1996, ch. 434, § 3; P.L. 2008, ch. 100, art. 25, § 1; P.L. 2008, ch. 297, § 6; P.L. 2008, ch. 326, § 6.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-25 - Criminal Injuries Compensation › Section 12-25-29. - Use of funds to inform victims of their rights.

§ 12-25-29. Use of funds to inform victims of their rights.
There is appropriated to the annual budget of the administrative office of the state courts fifteen percent (15%) of the fund collected annually under § 12-25-28, not to exceed one hundred fifty thousand dollars ($150,000), to be used at the direction of the chief justice of the supreme court for the purpose of informing the victims of crime of their rights established by chapter 28 of this title and assisting victims in the exercise of these rights. In addition, the treasurer and administrator shall seek to inform victims of violent crime of this chapter using every available means at their disposal.
History of Section.
P.L. 1996, ch. 434, § 3; P.L. 2012, ch. 365, § 1; P.L. 2012, ch. 387, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-25 - Criminal Injuries Compensation › Section 12-25-30. - Deposit of funds.

§ 12-25-30. Deposit of funds.
All moneys assessed pursuant to § 12-25-28 as costs against defendants as provided in this chapter shall be paid by the clerks of the family, district and superior courts to the treasurer, who shall keep the funds in the violent crimes indemnity account. Funds received by the treasurer in excess of thirty thousand dollars ($30,000) shall be made available and distributed within thirty (30) days of receipt in accordance with the provisions of this chapter.
History of Section.
P.L. 1996, ch. 434, § 3.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-25 - Criminal Injuries Compensation › Section 12-25-30.1. - Disclosure of records as to claims; confidentiality.

§ 12-25-30.1. Disclosure of records as to claims; confidentiality.
All medical records, mental health counseling records, employment information, personal financial information and investigative records received, obtained or maintained by the administrator in connection with any application for compensation shall be maintained as confidential investigative material and shall not be released or disclosed to any person or entity whatsoever, except as authorized by the applicant or as otherwise provided by law. The application and the notice of award or denial shall be deemed public records.
History of Section.
P.L. 1999, ch. 125, § 3; P.L. 1999, ch. 128, § 3.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-25 - Criminal Injuries Compensation › Section 12-25-31. - Severability.

§ 12-25-31. Severability.
If any provision to this chapter or its application to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this chapter, which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are declared to be severable.
History of Section.
P.L. 1997, ch. 183, § 2; P.L. 1997, ch. 317, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-25.1 - Criminal Royalties › Section 12-25.1-2. - Definitions.

§ 12-25.1-2. Definitions.
For purposes of this chapter:
(1)
“Alleged criminally responsible person” means a person who has been indicted or against whom a criminal information has been proferred for the commission of a felony committed within the state of Rhode Island which caused another person to suffer personal injury or loss of property, but who has not yet been either convicted or acquitted of the charge nor had the charge dismissed.
(2)
“Child” means an unmarried person who is under eighteen (18) years of age and includes a stepchild or an adopted child.
(3)
“Commercial exploitation” means any significant commercial exploitation by means of any publication, reenactment, dramatization, interview, depiction, explanation, or expression through any medium of communication which is undertaken for financial consideration, except tangential and incidental references to a crime. The term includes, but is not limited to, a movie, book, magazine or newspaper article, tape recording, still photograph, radio or television program, live presentation, or reproduction or presentation of any kind.
(4)
“Convicted,” as used in this chapter only, means a person who has entered a plea of guilty or nolo contendere to a charge of a felony offense, regardless of the fine, sentence or other punishment imposed or who has been found guilty after a trial on a charge of a felony offense.
(5)
“Court” means the superior court.
(6)
“Criminally responsible person” means a person who has been convicted of a felony committed within the state of Rhode Island which caused another person to suffer personal injury or loss of property, or who has been adjudicated not guilty by reason of insanity after a trial on a charge of the offense, or who has voluntarily admitted the commission of the offense.
(7)
“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 includes a child of the victim born after the death of the victim.
(8)
“Pecuniary loss” includes:
(i)
For personal injury:
(A)
Medical expenses (including psychiatric care);
(B)
Hospital expenses;
(C)
Loss of past earnings; and
(D)
Loss of future earnings because of a disability resulting from personal injury;
(ii)
For death:
(A)
Funeral and burial expenses; and
(B)
Loss of support to the dependents of the victim; and
(iii)
Any other expenses actually and necessarily incurred as a result of the personal injury or death.
(9)
“Personal injury” means actual bodily harm, mental or nervous shock, or a pregnancy.
(10)
“Relative” means a spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half-brother, half-sister, and a spouse’s parents.
(11)
“Victim” means a person who suffers personal injury or loss of property as a direct result of the conduct of another person in perpetration of a criminal offense.
History of Section.
P.L. 1983, ch. 328, § 1; P.L. 2001, ch. 240, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-25.1 - Criminal Royalties › Section 12-25.1-4.1. - Assets available.

§ 12-25.1-4.1. Assets available.
A victim, his or her guardian, or in the case of a deceased victim, his or her legal representative, in addition to any rights conveyed pursuant to this chapter, may seek recovery from any of the criminally responsible person’s assets. A victim may proceed against the defendant’s assets, whether or not these assets represent royalties obtained from the commercial exploitation of the crime.
History of Section.
P.L. 2001, ch. 240, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-25.1 - Criminal Royalties › Section 12-25.1-5. - Attorneys’ fees.

§ 12-25.1-5. Attorneys’ fees.
At the conclusion of the proceedings under § 12-25.1-4, the attorney representing a claimant who has received an award of compensation shall file a statement with the court setting forth the amount of fee proposed to be charged in connection with his or her efforts and services rendered in the proceedings. After the fee information is filed by the attorney, the court shall determine whether the proposed fee is reasonable. If the court initially determines that the proposed fee is unreasonable, the court shall, upon notice to the attorney, determine the amount of a reasonable fee. Upon certification by the court to the effect that the fee has been established, the general treasurer shall pay to the attorney named in the certification the amount of the counsel fee which shall be paid from the appropriate portion of the criminal royalties fund. Any attorney who charges, demands, receives, or collects for services rendered in connection with any proceedings under this chapter 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.
History of Section.
P.L. 1983, ch. 328, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-25.1 - Criminal Royalties › Section 12-25.1-6. - Return of monies to criminally responsible person.

§ 12-25.1-6. Return of monies to criminally responsible person.
(a)
No funds attributable to a specific alleged criminally responsible person shall be distributed unless and until that person is determined to be criminally responsible as defined in this chapter. Immediately upon the dismissal of charges or the acquittal of the person for the crime which was the subject of the commercial exploitation, all funds recovered by the general treasurer attributable to that person shall be paid to him or her together with any interest which accrued on those funds.
(b)
Subject to the disposition of all claims and pending claims which have been brought against the funds attributable to the criminally responsible person, he or she may recover the remainder of the funds pursuant to § 12-25.1-3(c)(1)(viii) three (3) years and six (6) months following the last payment to or recovery by the general treasurer of the funds.
History of Section.
P.L. 1983, ch. 328, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-25.1 - Criminal Royalties › Section 12-25.1-7. - Statute of limitations.

§ 12-25.1-7. Statute of limitations.
Notwithstanding any inconsistent provision of the general or public laws with respect to the timely bringing of an action, all claims brought against the criminal royalties fund shall be brought within three (3) years of accrual or three (3) years of the last payment to or recovery by the general treasurer of funds or other compensation attributable to the criminally responsible person, whichever is later.
History of Section.
P.L. 1983, ch. 328, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-25.1 - Criminal Royalties › Section 12-25.1-8. - Public notice.

§ 12-25.1-8. Public notice.
The general treasurer, at least once every six (6) months for three (3) years from the date he or she receives those moneys, shall cause to have published a legal notice in a newspaper of general circulation in the state advising potential claimants that those funds are available to satisfy money judgments pursuant to this chapter. The general treasurer may, in his or her discretion, provide for any additional notice that he or she deems necessary. The expenses of the advertisements shall be charged against the appropriate portion of the fund.
History of Section.
P.L. 1983, ch. 328, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-25.1 - Criminal Royalties › Section 12-25.1-9. - Legal expenses of criminally responsible person.

§ 12-25.1-9. Legal expenses of criminally responsible person.
Notwithstanding any other provision of this chapter, the general treasurer shall make payments from the portion of the criminal royalties fund attributable to a criminally responsible person to that person upon order of the court after a showing that the monies shall be used exclusively for the purpose of retaining legal representation at any stage of the criminal proceedings against the person with respect to the events or conduct being the subject of the commercial exploitation giving rise to the monies paid to or recovered by the criminal royalties fund; provided, that the total of all payments made pursuant to this section shall not exceed twenty percent (20%) of the total monies in the applicable portion of the criminal royalties fund.
History of Section.
P.L. 1983, ch. 328, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-25.1 - Criminal Royalties › Section 12-25.1-10. - Subterfuge.

§ 12-25.1-10. Subterfuge.
Any action taken by or on behalf of any criminally responsible person to circumvent, impede, or frustrate the purpose of this chapter shall be null and void.
History of Section.
P.L. 1983, ch. 328, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-25.1 - Criminal Royalties › Section 12-25.1-11. - Failure to comply.

§ 12-25.1-11. Failure to comply.
Every person, firm, corporation, partnership, association, or other legal entity which enters into a contract within the scope of § 12-25.1-3 but fails to comply with the provisions of this chapter shall be liable to the criminal royalties fund for double the amount which the person or entity should have paid over to the general treasurer pursuant to the contract.
History of Section.
P.L. 1983, ch. 328, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-25.1 - Criminal Royalties › Section 12-25.1-12. - Severability.

§ 12-25.1-12. Severability.
If any of the provisions of this chapter or its application to any person or circumstances is held invalid, its invalidity shall not affect other provisions or application of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable.
History of Section.
P.L. 1983, ch. 328, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-26 - Special Commission on Criminal Justice › Section 12-26-1. - Special commission on criminal justice established.

§ 12-26-1. Special commission on criminal justice established.
(a)
There is created a commission to be known as the special commission on criminal justice. The commission shall consist of nineteen (19) members: three (3) of whom shall be from the house of representatives, not more than two (2) of whom shall be from the same political party, to be appointed by the speaker; three (3) of whom shall be from the senate, not more than two (2) of whom shall be from the same political party, to be appointed by the president of the senate; eight (8) of whom shall be the chief justice of the supreme court, the presiding justice of the superior court, the chief judge of the family court, the chief judge of the district court, the attorney general, the public defender, the mental health advocate, and the state court administrator, all of whom shall serve ex officio; one of whom shall be a member of the bar association who has experience in criminal practice to be appointed by the governor; four (4) of whom shall be representative of the public to be appointed by the governor and to serve for terms of two (2) years. All ex officio members shall have the right to vote on all matters which are considered by the commission.
(b)
Vacancies on the commission shall be filled in like manner as the original appointment.
History of Section.
P.L. 1977, ch. 113, § 1; P.L. 2001, ch. 180, § 12.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-26 - Special Commission on Criminal Justice › Section 12-26-2. - Purpose.

§ 12-26-2. Purpose.
The purpose of the commission established by this chapter shall be to develop and implement, on a continuing basis, standards and priorities designed to accomplish the comprehensive and orderly reform of the criminal justice system, and to make recommendations to both the general assembly and the courts for the improvement of the criminal justice system.
History of Section.
P.L. 1977, ch. 113, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-26 - Special Commission on Criminal Justice › Section 12-26-3. - Organization.

§ 12-26-3. Organization.
The members of the commission shall meet at the call of the speaker of the house of representatives and organize and shall select a chairperson from among themselves.
History of Section.
P.L. 1977, ch. 113, § 1; P.L. 2000, ch. 109, § 19.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-26 - Special Commission on Criminal Justice › Section 12-26-4. - Duties.

§ 12-26-4. Duties.
The duties of the commission shall include:
(1)
Completion and publication of a comparative analysis of Rhode Island’s criminal procedures and practices with those standards for criminal justice recommended by the American Bar Association and by the President’s National Advisory Commission on Criminal Justice Standards and Goals;
(2)
Conducting a study for the purpose of revising the statutes relating to crimes and punishments;
(3)
Conducting a study of sentencing criteria and procedures;
(4)
Reviewing court organization;
(5)
Developing a comprehensive strategy to resolve problems encountered in the administration of criminal justice;
(6)
Studying any matter relating to the criminal justice system deemed worthy by the commission; and
(7)
Recommending legislation and rules of court for the improvement of criminal justice.
History of Section.
P.L. 1977, ch. 113, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-26 - Special Commission on Criminal Justice › Section 12-26-5. - Annual report.

§ 12-26-5. Annual report.
The commission shall report its findings and recommendations to the general assembly annually, on or before April 1 of each year.
History of Section.
P.L. 1977, ch. 113, § 1; P.L. 2000, ch. 109, § 19.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-26 - Special Commission on Criminal Justice › Section 12-26-6. - Compensation — Clerical assistance — Cooperation of departments and agencies — Quarters.

§ 12-26-6. Compensation — Clerical assistance — Cooperation of departments and agencies — Quarters.
(a)
The membership of the commission shall receive no compensation for their services but shall be allowed their travel and necessary expenses.
(b)
The commission may engage any clerical, technical, and other assistance that it may deem necessary, and spend other funds to accomplish its purpose.
(c)
All departments and agencies of the state shall furnish any advice and information, documentary and otherwise, to the commission and its agents that is deemed necessary or desirable by the commission to facilitate the purposes of this chapter.
(d)
The director of administration is authorized and directed to provide suitable quarters for the commission.
History of Section.
P.L. 1977, ch. 113, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-27 - Adjudication of Obscene Publications › Section 12-27-1. - Authority of attorney general.

§ 12-27-1. Authority of attorney general.
Whenever the attorney general has reasonable cause to believe that a person is engaged in the sale, exhibition, or commercial distribution of any obscene book, print, picture, film, motion picture film, magazine, pamphlet, ballad, printed paper, written material, photograph, figment, or other material, the attorney general may institute a proceeding in the superior court in the county in which the sale, exhibition, or commercial distribution of the book, print, picture, film, motion picture film, magazine, pamphlet, ballad, printed paper, written material, photograph, figment, or other material occurs for an adjudication of the obscenity of the book, print, picture, film, motion picture film, magazine, pamphlet, ballad, printed paper, written material, photograph, figment, or other material.
History of Section.
P.L. 1963, ch. 68, § 1; P.L. 1966, ch. 257, § 1; G.L. 1956, § 11-31.1-1; P.L. 1981, ch. 300, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-27 - Adjudication of Obscene Publications › Section 12-27-2. - Contents of petition.

§ 12-27-2. Contents of petition.
The proceedings shall be instituted by filing with the court a petition:
(1)
Directed against the book, print, picture, films, motion picture film, magazine, pamphlet, ballard, printed paper, written material, photograph, figment, or other material;
(2)
Alleging its obscene nature; and
(3)
Listing the names and addresses if known, of the author, publisher, and all other persons interested in its sale, exhibition, or commercial distribution.
History of Section.
P.L. 1963, ch. 68, § 1; P.L. 1966, ch. 257, § 1; G.L. 1956, § 11-31.1-2; P.L. 1981, ch. 300, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-27 - Adjudication of Obscene Publications › Section 12-27-3. - Court examination — Order of notice.

§ 12-27-3. Court examination — Order of notice.
Upon the filing of a petition pursuant to § 12-27-2, the court shall immediately examine the book, print, picture, film, motion picture film, magazine, pamphlet, ballad, printed paper, written material, photograph, figment, or other material alleged to be obscene. If an examination is not possible, the court may rely upon sworn allegations contained in the petition. If the court finds no probable cause to believe that the book, print, picture, film, motion picture film, magazine, pamphlet, ballad, printed paper, written material, photograph, figment, or other material is obscene, the court shall dismiss the petition. If the court finds that there is reasonable cause to believe that the book, print, picture, film, motion picture film, magazine, pamphlet, ballad, printed paper, written material, photograph, figment, or other material is obscene, the court may issue an order of notice returnable in or within thirty (30) days, directed against the book, print, picture, film, motion picture film, magazine, pamphlet, ballad, printed paper, written material, photographs, figment, or other material by name or suitable identity, and addressed to all persons interested in the publication, sale, distribution, or exhibition of it. The petition shall then come on for a hearing to determine whether or not the book, print, picture, film, motion picture film, magazine, pamphlet, ballad, printed paper, written material, photograph, figment, or other material is obscene. Notice of the order shall be published once a week for two (2) successive weeks in a newspaper of general circulation within the county or city in which the proceeding is filed, and if their names and addresses are known a copy of the order shall be served by registered mail upon the author, publisher, exhibitor, and all other persons interested in the sale or commercial distribution of the book, print, picture, film, motion picture film, magazine, pamphlet, ballad, printed paper, written material, photograph, figment, or other material.
History of Section.
P.L. 1963, ch. 68, § 1; P.L. 1966, ch. 257, § 1; G.L. 1956, § 11-31.1-3; P.L. 1981, ch. 300, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-27 - Adjudication of Obscene Publications › Section 12-27-4. - Restraining order.

§ 12-27-4. Restraining order.
When an order of notice is issued pursuant to § 12-27-3, the court may issue a temporary restraining order against the sale, exhibition, or commercial distribution of the book, print, picture, film, motion picture film, magazine, pamphlet, ballad, printed paper, written material, photograph, figment, or other material alleged to be obscene; and in that event, the matter shall be heard on the question of whether or not the book, print, picture, film, motion picture film, magazine, pamphlet, ballad, printed paper, written material, photograph, figment, or other material is obscene one day after the joinder of issue, and the court shall render a decision within forty-eight (48) hours of the conclusion of the hearing. If, in the event that a restraining order is issued, no hearing on the question of obscenity is commenced within one day after the joinder of issue through no fault of the respondent, or within forty-eight (48) hours of the conclusion of the hearing no decision is rendered by the court, the restraining order shall expire and it shall not be renewed. In determining the time periods set forth in this section, Saturdays, Sundays, and court holidays shall not be counted, and the court shall not be required to hear matters on those days.
History of Section.
P.L. 1963, ch. 68, § 1; P.L. 1966, ch. 257, § 1; G.L. 1956, § 11-31.1-4; P.L. 1981, ch. 300, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-27 - Adjudication of Obscene Publications › Section 12-27-5. - Parties to hearing.

§ 12-27-5. Parties to hearing.
On or before the return date specified in the order of notice issued pursuant to § 12-27-3, the author, publisher, and any person interested in the sale, exhibition, or commercial distribution of the book, print, picture, film, motion picture film, magazine, pamphlet, ballad, printed paper, written material, photograph, figment, or other material may appear and file an answer. The court shall by order permit any other person or persons, not to exceed five (5), to appear and file answers as amicus curiae. In the absence of any other answer having been filed in the court, amicus curiae may participate in hearings thereafter as a party or parties.
History of Section.
P.L. 1963, ch. 68, § 1; P.L. 1966, ch. 257, § 1; G.L. 1956, § 11-31.1-5; P.L. 1981, ch. 300, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-27 - Adjudication of Obscene Publications › Section 12-27-6. - Unanswered cases.

§ 12-27-6. Unanswered cases.
If no one appears and files an answer on or before the return date specified in the order of notice, the court, upon being satisfied that the book, print, picture, film, motion picture film, magazine, pamphlet, ballad, printed paper, written material, photograph, figment, or other material is obscene, may order the clerk of court to enter a decree or order that the book, print, picture, film, motion picture film, magazine, pamphlet, ballad, printed paper, written material, photograph, figment, or other material is obscene, but the court, in its discretion, may except from its decree a restricted category of persons to whom the book, print, picture, film, motion picture film, magazine, pamphlet, ballad, printed paper, written material, photograph, figment, or other material may be exhibited, sold, or distributed.
History of Section.
P.L. 1963, ch. 68, § 1; P.L. 1966, ch. 257, § 1; G.L. 1956, § 11-31.1-6; P.L. 1981, ch. 300, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-27 - Adjudication of Obscene Publications › Section 12-27-7. - Hearing in answered case.

§ 12-27-7. Hearing in answered case.
If an appearance is entered and an answer filed, the court shall order the proceedings set on the calendar for a prompt hearing, which in the event a temporary restraining order has been issued, shall occur within the time limit specifically set forth in § 12-27-4. The court shall conduct the hearing in accordance with the rules of civil procedure applicable to the trial of cases by the court without a jury. At the hearing, the court shall receive evidence, pertaining to the obscenity involved, as the term “obscene” is defined in § 11-31-1.
History of Section.
P.L. 1963, ch. 68, § 1; P.L. 1966, ch. 257, § 1; G.L. 1956, § 11-31.1-7; P.L. 1981, ch. 300, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-27 - Adjudication of Obscene Publications › Section 12-27-8. - Written decision of court.

§ 12-27-8. Written decision of court.
In making a decision on the obscenity of the book, print, picture, film, motion picture film, magazine, pamphlet, ballad, printed paper, written material, photograph, figment, or other material, the court shall consider, among other things, the evidence offered pursuant to § 12-27-7, if any, and shall make a written determination upon every consideration relied upon in the proceeding in its findings of fact and conclusions of law or in a memorandum accompanying them. No book, print, picture, film, motion picture film, magazine, pamphlet, ballad, printed paper, written material, photograph, figment, or other material shall be found to be obscene unless the court expressly finds it to be obscene beyond a reasonable doubt.
History of Section.
P.L. 1963, ch. 68, § 1; P.L. 1966, ch. 257, § 1; G.L. 1956, § 11-31.1-8; P.L. 1981, ch. 300, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-27 - Adjudication of Obscene Publications › Section 12-27-9. - Decree in answered case — Automatic vacation of restraining order.

§ 12-27-9. Decree in answered case — Automatic vacation of restraining order.
(a)
If the court finds the book, print, picture, film, motion picture film, magazine, pamphlet, ballad, printed paper, written material, photograph, figment, or other material not obscene, the court shall order the clerk of the court to enter a decree or order accordingly. If it finds the book, print, picture, film, motion picture film, magazine, pamphlet, ballad, printed paper, written material, photograph, figment, or other material obscene, the court shall order the clerk of the court to enter a decree or order to that effect, but the court, in its discretion, may except from its judgment a restricted category of persons to whom the book, print, picture, film, motion picture film, magazine, pamphlet, ballad, printed paper, written material, photograph, figment, or other material may be sold, exhibited, or distributed.
(b)
In the event that a restraining order has been entered pursuant to § 12-27-4, it shall be automatically vacated if no decree or order is entered within three (3) days after the conclusion of the hearing on the merits or if a decree or order that the material is not obscene is entered within that period.
History of Section.
P.L. 1963, ch. 68, § 1; P.L. 1966, ch. 257, § 1; G.L. 1956, § 11-31.1-9; P.L. 1981, ch. 300, § 1.