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-00-00-2.5 - Transition Rules

Current through June 14, 2024
A. New cases filed
				  on or after the effective date of the 1996 Act, August 21, 1996, or on or after
				  the effective date of the 1999 amendments to the Criminal Injuries Compensation
				  Act of 1996, September 1, 1999, R.I. Gen. Laws §
										12-25-1.1, shall do so through the
				  Criminal Injuries Act of 1996, as amended, R.I. Gen. Laws §
										12-25-1.1, established pursuant to
				  R.I. Gen. Laws §§
										12-25-16 through
				  12-25-31.
B. All claimants with cases filed pursuant to
				  the 1972 Act awaiting decisions from the court shall have the option of
				  transferring their cases to the 1996 Act at any time prior to receiving a
				  decision on their case from the court under the 1972 Act. Any request for
				  transfer to the 1996 Act shall be final and irrevocable. No victim shall be
				  permitted to have claims pending under both the 1972 and 1996 Acts for the same
				  incident.
C. Claims shall be paid
				  in the chronological order in which decisions are made under either the 1972 or
				  1996 Acts or the 1999 amendments to the Criminal Injuries Compensation Act of
				  1996, R.I. Gen. Laws §
										12-25-1.1. Claims filed under the
				  1972 Act shall be paid according to the date the judgment is ordered by the
				  court and claims filed under the 1996 Act or the 1999 amendments to the
				  Criminal Injuries Compensation Act of 1996, R.I. Gen. Laws §
										12-25-1.1, shall be paid according
				  to the date a final decision is reached on the claim. In either case, whether
				  the claim for compensation was filed under the 1972 Act, the 1996 Act or the
				  1999 amendments to the Criminal Injuries Compensation Act of 1996, R.I. Gen.
				  Laws §
										12-25-1.1, each claim shall be
				  paid in chronological order according to the date of the original judgment or
				  the date of the original decision, notwithstanding any request for
				  reconsideration or appeal. The office shall stay payment on any original
				  judgment or original decision pending the outcome of a request for
				  reconsideration or appeal.
D. Those
				  claimants who filed claims prior to August 21, 1996, and voluntarily transfer
				  their claims to the 1996 Act shall abide by all the provisions of the 1996 Act,
				  with the following exceptions:
1. They shall
				  be eligible for attorney fees as provided for in the 1972 Act, pursuant to R.I.
				  Gen. Laws §12-25-8. The basis for determining attorneys' fees shall be the
				  amount which would be awarded to the victim under the 1996 Act. The amount of
				  compensation for attorney fees shall not exceed fifteen percent (15%) of the
				  total amount awarded to the claimant, or two thousand dollars ($2,000.00),
				  whichever is less.
2. The
				  requirement that the action for compensation be commenced within one (1) year
				  after the date of personal injury or death is extended to three (3) years, and
				  shall be considered satisfied as long as the requirement was met in the
				  original filing for compensation under the 1972 Act.
3. The requirement that no compensation be
				  awarded for an injury or death resulting from a crime which was not reported to
				  the appropriate law enforcement authority within three (3) days of its
				  occurrence is extended to fifteen (15) days of its occurrence.