Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 14.00 - Compensation Of Victims Of Violent Crimes › Section 14.03 - Definitions

Current through Register 1525, July 5, 2024
Catastrophic Injury
: an injury that
				creates a permanent impairment for the victim, including:
(a) spinal cord injury involving paralysis;
(b) amputation of an arm, hand, foot or leg;
(c) severe brain injury;
(d) second or third degree burns on 25% or more of the total
				body surface or third degree burns on 5% or more of the face and hands;
(e) total or functional loss of vision or hearing;
(f) severe communication, sensory or motor disturbances;
				or
(g) any other injury that would otherwise qualify pursuant to
				M.G.L. c.258C as determined by the Program Director.
Claim
: an application for compensation
				under M.G.L. c. 258C.
Claimant
: a person who files a claim
				for compensation under M.G.L. c. 258C. A claim may be filed by any person
				eligible for compensation as defined in
				940 CMR
				14.04, or by a parent or legal guardian of
				any such person. Where two or more persons are eligible for compensation for
				the same crime, their claims shall be joined under one master claim for
				compensation.
Crime
: an act committed by a person
				which, if committed by a mentally competent, criminally responsible adult who
				has no legal exemption or defense, would constitute a crime; provided, however,
				that such act involves the application of force, intimidation or violence or
				the threat of force, intimidation or violence by the offender upon the victim.
				The word "crime" shall include any violation of any provision of M.G.L. c. 90,
				§§ 24 through 24O, or any conduct that would constitute a violation
				of M.G.L. c. 209A or M.G.L. c. 258E. The word "crime" shall apply to an act
				committed in the Commonwealth, including land subject to federal jurisdiction.
				The word "crime" shall also apply to an act which occurs against a resident of
				the Commonwealth in a state which does not have a crime victim compensation
				program for which a resident of the Commonwealth would be eligible.
Debt
: money or its equivalent which
				is, or is alleged to be, more than 30 days past due and owing, unless a
				different period is agreed to by the debtor, under a single account whether or
				not the obligation has been reduced to judgment, as a result of a purchase,
				lease, or loan of goods, services, or real or personal property, for personal,
				family, or household purposes or as a result of a loan of money which is
				obtained for personal, family or household purposes.
Debtor
: a natural person or his or her
				guardian, administrator, or executor, who is present or residing in
				Massachusetts and who is allegedly liable for a debt.
Crime Scene Cleanup
: The removal of,
				or the attempted removal of, blood or other stains that are the direct result
				of the commission of a crime or other dirt and debris caused by the processing
				of the crime scene; provided, however, that crime scene cleanup shall not
				include the replacement or repair of property damaged during the commission of
				the crime.
Department
: the Department of the
				Attorney General.
Dependent
: the victim's spouse,
				parent, spouse's parent, child, grandchild, sibling, niece or nephew, or other
				person who is wholly or partially dependent for support upon the victim at the
				time of his or her injury or death due to a crime alleged in a claim made
				pursuant to M.G.L. c. 258C.
Division
: the Division of Victim
				Compensation and Assistance within the Department of the Attorney
				General.
Family
: the victim's spouse, parent,
				spouse's parent, grandparent, stepparent, child, grandchild, or sibling, niece
				or nephew, or other person who is wholly or partially dependent for support
				upon the victim at the time of his or her injury or death due to a crime
				alleged in a claim made pursuant to M.G.L. c. 258C.
Health Care Provider
: any doctor of
				medicine, osteopathy, or dental science, or a registered nurse, social worker,
				doctor of chiropractic, or psychologist or an intern, or a resident, fellow, or
				medical officer licensed or registered under M.G.L. c. 112 and its agents or
				successors in interest, or a hospital, clinic, or nursing home licensed under
				the provisions of M.G.L. c. 111 and its agents and employees, or a public
				hospital and its agents and employees.
Medical Care
: medical, psychological,
				dental, optometric, hospital and nursing care provided to a victim including,
				but not limited to, medicines, medical, dental, optometric and surgical
				supplies, and prostheses. It includes rehabilitation therapy, and
				rehabilitation equipment reasonably necessary for basic self care and to enable
				the victim to obtain or continue employment. It also includes transportation
				costs incurred while obtaining medical care, as provided in 940 CMR 14.03:
Medical Care
.
Minor
: a person younger than 18 years
				old.
Offender
: an adult or juvenile who
				commits a crime for which a claimant seeks compensation.
Out-of-pocket Loss
: unreimbursed or
				unreimbursable expense for services eligible for compensation pursuant to
				M.G.L. c. 258C.
Program Director
: Program Director of
				the Division or such person as specially designated by the Program Director to
				issue on behalf of the Program Director, notices of award or denial pursuant to
				M.G.L. c. 258C, § 7, and decisions on reconsideration pursuant to M.G.L.
				c. 258C, § 8.
Security Measures
: The replacement,
				repair or installation of locks, windows or other security devices deemed to be
				reasonably necessary for the promotion of the victim's safety by the Program
				Director after taking into consideration the nature of the crime.
State
: a state of the United States,
				the District of Columbia, the Commonwealth of Puerto Rico or any other
				possession or territory of the United States.
Verify
: provide proof by means of
				supporting documentation and statements sworn under the pains and penalties of
				perjury.
Victim
: a victim is either:
(a) a person who suffers personal physical or psychological
				injury or death as a direct result of:
1. a crime committed against him or her; or
2. attempting to assist a person during the commission of a
				crime against that person; or
3. efforts to prevent a crime from occurring in his or her
				presence or to apprehend a person who committed a crime in his or her presence;
				or
(b) a minor who suffers personal physical or psychological
				injury as a result of observing or perceiving the commission of a crime against
				a family member or against a person upon whom the minor is dependent. A minor
				who qualifies under 940 CMR 14.03:
Victim
(b) shall
				join in the claim filed by or on behalf of the family member or person upon
				whom the minor is dependent, but may not file a separate claim for
				compensation.