The Rhode Island treasurer says that crime victims can be denied payments under the state's Crime Victim Compensation Program if they have previously been convicted of drunk driving or drug-related offenses, but the state chapter of the ACLU is challenging General Treasurer Paul J. Tavares' stance, the Providence Journal reported Dec. 28.

During his term, Tavares has adopted regulations allowing his office to deny or reduce payments from the crime-victims fund based on past criminal behavior of victims, even when that behavior was unrelated to the incident where they were victimized. Rhode Island ACLU head Steven Brown said that it is "unfortunate that the general treasurer has turned a program that is supposed to aid crime victims into one that punishes them for their past misdeeds. A former drug addict who is sexually assaulted should not have to fear reduced compensation because she once sold drugs to feed her habit."

The ACLU and the Drug and Alcohol Treatment Association of Rhode Island are challenging the regulations in court. "The regulations discriminate and marginalize persons, many of whom have addiction disorders," said Neil A. Corkery, the association's executive director. "If we really believe in the restorative potential of persons who receive treatment for addiction disorders, we need to abandon such negative stereotypes and regressive measures. The measure appears punitive in nature and lacking in logic in excluding individuals who, other than a prior indiscretion, appear to be assigned a double penalty."

A spokesperson for Tavares said that the rules were only meant to apply to hard-core drug dealers -- "not a simple possession case." But spokesperson Stephanie DeSilva defended the rules regarding drunk driving by saying, "Drunken driving results in many injuries and is a crime."

"It's not an automatic denial," DeSilva added. "It's not a black-and-white decision. The administrator looks at the whole picture."

The ACLU is not objecting to Tavares having the authority to deny compensation to violent felons, but rather to his singling out nonviolent drunk-driving and drug offenders. Brown said that he hopes that incoming treasurer Frank Caprio, elected in November, will revisit the issue.