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Code · Massachusetts · Part III — COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES · Title IV — CERTAIN WRITS AND PROCEEDINGS IN SPECIAL CASES · Chapter 258C

Section 2: Eligibility for compensation

1,037 words·~5 min read·/ma/part-iii/title-iv/chapter-258c/2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

[ Subsection
(a)effective until July 1, 2025. For text effective July 1, 2025, see below.]
Section 2.
(a)No compensation shall be paid under this chapter unless the division finds that a crime was committed and that such crime directly resulted in personal physical or psychological injury to, or death of, the victim.
[ Subsection
(a)as amended by 2025, 9, Sec. 65 effective July 1, 2025. See 2025, 9, Sec. 138. For text effective until July 1, 2025, see above.]
(a)No compensation shall be paid under this chapter unless the agency finds that a crime was committed and that such crime directly resulted in personal physical or psychological injury to, or death of, the victim.
[ Subsection
(b)effective until July 1, 2025. For text effective July 1, 2025, see below.]
(b)No compensation shall be paid under this chapter unless the claimant demonstrates that the crime was reported to the police or other law enforcement authorities or to an agency or entity obligated by law to report complaints of criminal misconduct to law enforcement authorities. Except in the case where the division finds such report to have been delayed for good cause, such report shall have been made within five days after the occurrence of such crime; provided, however, that a claimant who was a victim under 18 years of age shall not be required to file such report within 5 days.
[ Subsection
(b)as amended by 2025, 9, Sec. 65 effective July 1, 2025. See 2025, 9, Sec. 138. For text effective until July 1, 2025, see above.]
(b)No compensation shall be paid under this chapter unless the claimant demonstrates that the crime was reported to the police or other law enforcement authorities or to an agency or entity obligated by law to report complaints of criminal misconduct to law enforcement authorities. Except in the case where the agency finds such report to have been delayed for good cause, such report shall have been made within five days after the occurrence of such crime; provided, however, that a claimant who was a victim under 18 years of age shall not be required to file such report within 5 days.
[ Subsection
(c)effective until July 1, 2025. For text effective July 1, 2025, see below.]
(c)A claimant shall be eligible for compensation only if such claimant cooperates with law enforcement authorities in the investigation and prosecution of the crime in which the victim was injured or killed unless the claimant demonstrates that he possesses or possessed a reasonable excuse for failing to cooperate.
[ Subsection
(c)as amended by 2025, 9, Sec. 66 effective July 1, 2025. See 2025, 9, Sec. 138. For text effective until July 1, 2025, see above.]
(c)A claimant shall be eligible for compensation only if such claimant cooperates with law enforcement authorities in the investigation and prosecution of the crime in which the victim was injured or killed unless the claimant demonstrates that the claimant possesses or possessed a reasonable excuse for failing to cooperate.
(d)A claimant shall not be eligible for compensation if such compensation would unjustly benefit the offender; provided, however, that a claimant shall not, except pursuant to regulations enacted in accordance with section four to prevent unjust enrichment, be denied compensation because of such claimant's or victim's familial relationship with the offender or because of the sharing of a residence by the victim or claimant and the offender.
[ Subsection
(e)effective until July 1, 2025. For text effective July 1, 2025, see below.]
(e)An offender or an accomplice of an offender shall not be eligible to receive compensation with respect to a crime committed by an offender. To the extent that the victim's acts or conduct provoked or contributed to the injuries, the division may reduce or deny an award to the claimant or claimants in accordance with regulations enacted pursuant to section four. In the event of a victim's death by homicide, an award may be reduced except that the costs for appropriate and modest funeral, burial or cremation services shall be paid by the fund.
[ Subsection
(e)as amended by 2025, 9, Sec. 65 effective July 1, 2025. See 2025, 9, Sec. 138. For text effective until July 1, 2025, see above.]
(e)An offender or an accomplice of an offender shall not be eligible to receive compensation with respect to a crime committed by an offender. To the extent that the victim's acts or conduct provoked or contributed to the injuries, the agency may reduce or deny an award to the claimant or claimants in accordance with regulations enacted pursuant to section four. In the event of a victim's death by homicide, an award may be reduced except that the costs for appropriate and modest funeral, burial or cremation services shall be paid by the fund.
[ There is no subsection (f).]
[ Subsection
(g)effective until July 1, 2025. For text effective July 1, 2025, see below.]
(g)The claimant may retain counsel under this chapter. Attorneys fees shall be deducted from, and not in addition to, the total award for compensation. No attorneys fees shall be paid unless the attorney submits an affidavit which sets forth the hours worked and the services rendered for representing the claimant in the claim for compensation. The division may include as part of its award, reasonable attorneys fees to be determined by the division in an amount not to exceed fifteen percent of the total award for compensation.
[ Subsection
(g)as amended by 2025, 9, Sec. 65 effective July 1, 2025. See 2025, 9, Sec. 138. For text effective until July 1, 2025, see above.]
(g)The claimant may retain counsel under this chapter. Attorneys fees shall be deducted from, and not in addition to, the total award for compensation. No attorneys fees shall be paid unless the attorney submits an affidavit which sets forth the hours worked and the services rendered for representing the claimant in the claim for compensation. The agency may include as part of its award, reasonable attorneys fees to be determined by the agency in an amount not to exceed fifteen percent of the total award for compensation.
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