120 R.I. Code R. 120-RICR-00-00-2.4

Current through December 26, 2024

Section 120-RICR-00-00-2.4 - Definitions

A. "Administrator" means the program administrator of the 1996 Act, and the 1999 amendments to the Criminal Injuries Compensation Act of 1996, who issues notices of award or denial pursuant to R.I. Gen. Laws § 12-25-18. The Administrator is charged with the duty of and granted the power to effectuate the provisions and overall purpose of the Criminal Injuries Compensation Act of 1972, the Criminal Injuries Act of 1996, and the 1999 amendments to the Criminal Injuries Compensation Act of 1996 in an efficient and equitable manner.

B. "Application" means an application for compensation under R.I. Gen. Laws §§ 12-25-1et. seq. on an application form provided by the office as in effect from time to time.

C. "Applicant" means a person who files an application for compensation under R.I. Gen. Laws §§ 12-25-1 et. seq. An application may be filed by a person eligible for compensation as defined in § 2.6 of this Part, or by a parent or legal guardian of any such person.

D. "Child" means any unmarried person who is under eighteen (18) years of age and includes a stepchild or an adopted child.

E. "Court" means Superior Court.

F. "Crime" means 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 or violence or the threat of force or violence by the offender upon the victim, resulting in physical or psychological injury to the victim.

1. The word crime shall include any of the offenses specified in R.I. Gen. Laws § 12-25-20 inclusive, any violation of any provision of R.I. Gen. Laws §§ 31-27-1 through 31-27-2.2, inclusive, and any violation of R.I. Gen. Laws § 31-27-2.6, and any conduct that would constitute a violation of R.I. Gen. Laws § 15-15-3.

2. The word crime shall apply to an act committed against any person within the physical confines of Rhode Island or within the maritime jurisdiction of the state of Rhode Island, including land subject to federal jurisdiction.

3. The word crime shall also apply to an act which occurs against a resident of Rhode Island in a state which does not have a crime victim compensation program of any kind. If a Rhode Island resident is injured or killed outside of the state of Rhode Island, the victim first must apply for compensation in the state, possession, territory or district of the United States in which the offense occurred. In the event that a Rhode Island resident is denied compensation in the state, possession, territory or district of the United States in which the offense occurred, he/she may apply for compensation with the office in accordance with the provisions of the 1999 amendments to the Criminal Injuries Compensation Act of 1996.

4. The word crime shall also apply to an act of terrorism as defined in 18 U.S.C. § 2331 that occurs outside the State of Rhode Island to any victim who had his or her residence in this state at the time the offense occurred who is injured or killed by an act of terrorism occurring either outside of the United States, as defined in 18 U.S.C. § 2331, or within the United States as referred to in 42 U.S.C. § 10603b.

5. The word crime does not include death by suicide.

G. "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 shall include a child of the victim born after the death of the victim. The paternity of a child born after the death of the victim must have been established by a court of competent jurisdiction and the child's birth registered pursuant to R.I. Gen. Laws § 23-3-10 or R.I. Gen. Laws § 23-3-15.

H. "Medical Forensic Examination" means an examination of a sexual assault victim completed by a licensed health care provider who has specialized education and clinical experience in the collection of forensic evidence and treatment of these victims, which includes:

1. Gathering information form the victim for the medical forensic history;

2. An examination;

3. Documentation of biological and physical finding, and collection of evidence from the patient; and

4. Documentation of findings.

I. "Minor" means a person under the age of eighteen (18) years old.

J. "Offender" means an adult or juvenile who commits the crime for which the Applicant seeks compensation.

K. "Office" means the Crime Victim Compensation Program within the Office of the General Treasurer for the State of Rhode Island, as established pursuant to R.I. Gen. Laws §§ 12-25-1 et. seq.

L. "Pecuniary loss" means:

1. In the event the victim suffers personal injury:

a. Out-of-pocket medical expenses (including psychiatric care) for which the victim is not compensated by any other source;

b. Hospital expenses for which the victim is not compensated by any other source;

c. Loss of past earnings for which the victim is not compensated by any other source;

d. Loss of future earnings because of a disability resulting from personal injury for which the victim is not compensated by any other source and for which the victim has demonstrated, to the satisfaction of the Administrator, a complete inability to perform gainful employment; and

e. Reasonable and necessary expenses directly related to:

(1) The delivery or obtainment of necessary medical treatment;

(2) The delivery or obtainment of necessary counseling services; and

(3) Necessary participation in criminal justice proceedings.

2. In the event of the victim's death:

a. Funeral, memorial, or burial expenses for which the victim's estate is not compensated by any other source;

b. Loss of support to the victim's dependent(s) for which the dependent(s) are not compensated by any other source; and

c. Reasonable and necessary expenses directly related to:

(1) Participation in funeral, memorial, and/or burial services;

(2) The delivery or obtainment of necessary counseling services; or

(3) Necessary participation in criminal justice proceedings.

3. Any other expenses actually and necessarily incurred as a direct and proximate result of the personal injury or death for which the victim or their estate is not compensated by any other source, excluding damage to real or personal property M. "Personal injury" means actual physical bodily harm, or mental or nervous shock, and a pregnancy resulting from a sexual attack.

N. "Relative" means a spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half-brother, half-sister, and a spouse's parents.

O. "Resident" means any person who has his or her residence within the state of Rhode Island.

P. "Secondary victim" means a child who suffers an emotional injury as a direct result of witnessing a homicide or incident of domestic violence.

Q. "Sexual Assault Nurse Examination" means a medical forensic examination conducted by a Sexual Assault Nurse Examiner.

R. "Sexual Assault Nurse Examiner" means a registered nurse who has completed a sexual assault nurse examiner ("SANE") training program that meets the Forensic Sexual Assault Nurse Examiner Guidelines established by the International Association of Forensic Nurses.

S. "State" means the District of Columbia, the fifty (50) states, the Commonwealth of Puerto Rico, and the United States' territories and possessions.

T. "Treasurer" means the General Treasurer of the State of Rhode Island or his or her designee.

U. "Victim" means a victim is either:

1. a person who is an involuntary participant in a criminal act or totally unaware that he or she is a potential participant in a crime, who suffers personal physical or psychological injury or death by any act of a person or persons as a result of:

a. any of the offenses specified in R.I. Gen. Laws § 12-25-20;

b. which act occurs within the physical confines of the state of Rhode Island; or

c. which act occurs within the maritime jurisdiction of the state of Rhode Island; or

2. a resident of the state of Rhode Island who is a victim of an act of terrorism as defined in 18 U.S.C. § 2331, occurring outside the United States or within the United States as referred to in 42 U.S.C. § 10603b.

V. "Violent felonious criminal conduct" means criminally injurious conduct, which, if proven beyond a reasonable doubt, would constitute a felony under the laws of the state of Rhode Island, any other state, or the United States, and includes those crimes specified in R.I. Gen. Laws § 12-25-20 as follows:

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, 1st or 2nd degree;

13. Driving under the influence of alcohol or drugs;

14. Refusal by a driver to submit to a chemical test for alcohol or drugs in immediate aftermath of a collision;

15. Driving so as to endanger, resulting in death, pursuant to R.I. Gen. Laws § 31-27-1;

16. Driving so as to endanger, resulting in personal injury, pursuant to R.I. Gen. Laws § 31-27-1;

17. Failure to stop by a driver in circumstances which result in the death of any person, pursuant to R.I. Gen. Laws § 31-26-1; and

18. Any other crime excluding motor vehicle offenses other than those enumerated in this section, which results in personal injury of death.

W. "1972 Act" means the Criminal Injuries Compensation Act of 1972, established pursuant to R.I. Gen. Laws §§ 12-25-1 through 12-25-15.

X. "1996 Act" means the Criminal Injuries Compensation Act of 1996, and the 1999 amendments to the Criminal Injuries Compensation Act of 1996, established pursuant to R.I. Gen. Laws §§ 12-25-16 through 12-25-31.

120 R.I. Code R. 120-RICR-00-00-2.4

Amended effective 2/28/2019
Amended effective 1/10/2020
Amended effective 12/6/2023
Amended effective 11/27/2024