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

Current through June 14, 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.