Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Regulations Pertaining to the Crime Victim Compensation Program › Section 120-RICR-00-00-2.7 - Eligibility Requirements

Current through June 14, 2024
A. A person
				  eligible for compensation must satisfy each of the following conditions:
1. Timely Filing of Application: An
				  application for compensation pursuant to the 1996 Act must be filed within one
				  (1) year after the date of the personal injury or death of the victim if the
				  personal injury or death occurred prior to September 1, 1999. An application
				  for compensation pursuant to the 1999 amendments to the Criminal Injuries
				  Compensation Act of 1996, R.I. Gen. Laws §
											12-25-1.1 must be filed within
				  three (3) years after the date of the personal injury or death of the victim if
				  the personal injury or death occurred on or after September 1, 1999. The filing
				  period shall commence on the date the crime was committed, except in the
				  following circumstances;
a. If the victim or
				  secondary victim was a minor when the crime was committed and the crime did not
				  result in the death of the minor, that is, the victim suffered personal injury,
				  the filing period shall not commence until the victim reaches the age of
				  eighteen. For applications based on the personal injury of a minor victim, the
				  application must be filed within one year after the date on which the minor
				  victim reaches the age of eighteen if the personal injury occurred between
				  August 21, 1996 and August 31, 1999. If the personal injury to the minor victim
				  or secondary victim occurred on or after September 1, 1999, then the
				  application must be filed within three years after the date on which the minor
				  victim or secondary victim reaches the age of eighteen. For applications based
				  on the death of a minor victim, the application must be filed within one year
				  after the date of death of the minor, if the death occurred between August 21,
				  1996 and August 31, 1999, or within three years after the date of death of the
				  minor if the death occurred or on or after September 1, 1999;
b. If the Applicant did not discover the act
				  which constitutes a crime until more than one year after the crime was
				  committed, the filing period shall not commence until the Applicant discovered
				  or, in exercise of reasonable diligence, should have discovered, the act which
				  constitutes a crime, provided, however, that in such cases, the crime for which
				  the Applicant seeks compensation must have resulted in the issuance of a
				  criminal complaint, indictment or criminal information, or other judicial
				  determination of probable cause that an act constituting a crime
				  occurred;
c. office may allow an
				  application for compensation to be filed with the office after the expiration
				  of the statute of limitations if the victim or secondary victim was of unsound
				  mind or for good cause shown. Delay resulting from the lack of knowledge of the
				  filing requirements of R.I. Gen. Laws §§
												12-25-1,
et seq
.
				  shall not constitute good cause.
d.
				  If more than one of the exceptions described in §
												2.7(A)(1) of
				  this Part applies, the application may be filed within the longest time period
				  permitted by §
												2.7(A)(1) of
				  this Part.