§ 12-25-19 - Awarding compensation.
SECTION 12-25-19
§ 12-25-19 Awarding compensation. –(a) In any case in which a person is injured or killed by any act of a personor persons which is within the description of the offenses listed in §12-25-20, the victim, his or her guardian, the child advocate as provided in§ 42-73-9.1, or in the case of his or her death, a legal representative,may apply to the office for compensation. The office shall provide notice ofthe application to the attorney general. The office may award compensation inaccordance with the provisions of this chapter if the act occurs:
(1) Within the physical confines of the state of Rhode Island;
(2) Within the maritime jurisdiction of the state of RhodeIsland;
(3) Outside the state of Rhode Island to any victim who hashis or her residence in the state of Rhode Island and had the residence in thestate at the time that the offense occurred, and is not entitled tocompensation of any kind from the state, possession, or territory or districtof the United States in which the offense occurred; or
(4) Outside the state of Rhode Island to any victim who hadhis or her residence in the state of Rhode Island at the time the offenseoccurred who is injured or killed by an act of terrorism occurring eitheroutside of the United States, as defined in 18 U.S.C. § 2331, or withinthe United States as referred to in 42 U.S.C. § 10603b.
(b) The office may award compensation as described in thissection:
(1) To or on behalf of the injured person, or his or herguardian;
(2) In the case of the personal injury of the victim wherethe compensation is for pecuniary loss suffered or expenses incurred by anyperson responsible for the maintenance of the victim, to that person; or
(3) In the case of the death of the victim, to or for thebenefit of the dependents or closest relative of the deceased victim, or anyone or more of the dependents or to the legal representative of the victim.
(c) For the purposes of this chapter, a person shall bedeemed to have intended an act notwithstanding that, by reason of age,insanity, drunkenness, or otherwise, he or she was legally incapable of forminga criminal intent.
(d) In determining whether to award compensation as describedin this section and the amount of compensation, the office shall consider anycircumstances it determines to be relevant, including, but not limited to: (i)compliance by the victim with the reasonable requests of law enforcementagencies and personnel; (ii) violent felonious criminal conduct of the victimcommitted within the past five (5) years or subsequent to his or her injury;(iii) any conviction of a crime of violence by the victim; and (iv) thebehavior of the victim which directly or indirectly contributed to his or herinjury or death, unless the injury or death resulted from the victim's lawfulattempt to prevent the commission of a crime or to apprehend an offender. Theoffice may reduce or deny an award based on these circumstances.
(2) Any individual who is incarcerated at any criminalinstitutional facility at the time of his or her injury shall be deemedineligible to receive an award of compensation as described in this section.
(e) No compensation may be awarded unless the office sodirects upon a finding that:
(1) The act did occur; and
(2) The injury or death resulted from the act.
(f) An award may be made under this section whether or notany person is prosecuted or convicted of any offense arising out of the act, orif the act is the subject of any other legal action. Upon application from theattorney general, the office shall suspend proceedings under this chapter untilthe application is withdrawn or until a prosecution for an offense arising outof the act is no longer pending or imminent. The office may suspend proceedingsin the interest of justice if a criminal or civil action arising from the actis pending or imminent.
(g) The office shall pay to the person named in the award ofcompensation, and the payments shall be made from the violent crimes indemnityaccount and from any federal moneys available as coordinated by the office.
(h) Where compensable medical services have been rendered,any award made payable to a medical provider shall be based on the currentfinal adjustment to charge ratio approved by the department of labor andtraining pursuant to chapter 33 of title 28 and applied by the Rhode Islandworkers' compensation unit in establishing payout ratios for inpatient charges,emergency room charges, and ambulatory surgery charges. Amounts awarded for allother medical services shall be based on the current Rhode Island Workers'Compensation Medical Fee Schedule. If the provider employs a sliding scale feestructure for any category of patient or service, the award shall not exceedthe amount the applicant would be charged if he or she qualified under theprovider's sliding scale fee structure. Medical service providers shall berequired to accept these awards as full payment for services rendered and shallbe prohibited from assessing any additional charges against the victim.