Order Code RL32579
CRS Report for Congress
Received through the CRS Web
Victims of Crime Compensation and Assistance:
Background and Funding
Updated March 9, 2005
M. Ann Wolfe
Technical Information Specialist
Domestic Social Policy Division
Celinda Franco
Specialist in Social Legislation
Domestic Social Policy Division
Congressional Research Service ˜ The Library of Congress

---

Victims of Crime Compensation and Assistance:
Background and Funding
Summary
The Crime Victims Fund (CVF or “Fund”) was established in the U.S. Treasury
in 1984 (P.L. 98-473) by the Victims of Crime Act (VOCA) to provide funding to
state victim compensation and assistance programs. VOCA was amended in 1988
(P.L. 100-690) to, among other things, establish the Office for Victims of Crime
(OVC) to administer the Fund. The OVC awards formula grants to states in
accordance with the VOCA. The OVC is also authorized by the VOCA to distribute
Fund money to award discretionary grants to states, local units of government,
individuals, and other entities. Specially designated programs such as the child abuse
program, a victim notification system, and others as listed below, are also awarded
money from the Fund through the OVC. The OVC is part of the Department of
Justice (DOJ) Office of Justice Programs.
The VOCA was amended in 1996, 2000, and 2001, to provide assistance to
victims of terrorism who are nationals of the United States or officers or employees
of the United States Government, who are injured or killed as a result of a terrorist
act outside the United States. Also included in these amendments are provisions
providing compensation and assistance to victims of terrorism within the United
States. The USA Patriot Act authorized the Director of the OVC to set aside $50
million of Fund money, as an antiterrorism emergency reserve to respond to the
victims of 9/11 and, subsequently, to replenish any amounts expended so that not
more than $50 million is reserved in any fiscal year. In addition, the OVC received
a one-time $68.1 million in the FY2002 Department of Defense Appropriations Act
to assist in its work of providing relief to 9/11 victims.
Deposits to the Crime Victims Fund come from criminal fines, forfeited bail
bonds, penalties and special assessments collected by the U.S. Attorneys’ Offices,
federal U.S. courts, and the Federal Bureau of Prisons. Since FY2002, Congress has
allowed gifts, bequests, or donations from private entities, to be deposited to the
Fund. When the Fund was authorized in 1984, a cap was placed on how much could
be deposited annually for the first eight years; the cap was lifted in FY1994 and
reinstated in FY2000. The cap for FY2005, as passed by Congress, was $625 million
(Consolidated Appropriations Act, 2005, P.L.108-447, §616) but was reduced to
$620 million after the government wide recision. The Administration has requested
$660.6 million for the CVF for FY2006.
All 50 states and several territories have passed some form of legislation to
benefit victims of crime. Every state administers a crime victim compensation
program. In addition, all the states award funds for victim assistance services such
as crisis intervention, emergency shelter, emergency transportation, counseling, and
criminal justice advocacy. Federal grant programs, as prescribed in VOCA, are key
in the funding for crime victim assistance within the states. However, states play an
important role in the financial support of their victim of crime programs and several
state fund raising approaches are set out in this report. This report provides
background and funding information on the CVF and VOCA, and it will be updated
to reflect any major program changes.

---

Contents
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Office for Victims of Crime Authorization and Caps . . . . . . . . . . . . . . . . . . 2
Caps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Distribution of the Crime Victims Fund In FY2005 . . . . . . . . . . . . . . . . . . . 3
Child Abuse Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Executive Office of United States Attorneys (EOUSA) Positions . . . . 3
Federal Bureau of Investigation (FBI) Positions . . . . . . . . . . . . . . . . . . 3
The Victim Notification System (VNS) . . . . . . . . . . . . . . . . . . . . . . . . . 3
Antiterrorism Emergency Reserve Fund . . . . . . . . . . . . . . . . . . . . . . . . 3
Victim Compensation Formula Grants Program . . . . . . . . . . . . . . . . . . 3
Victim Assistance Formula Grants Program . . . . . . . . . . . . . . . . . . . . . 4
Discretionary Grants/Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Distribution of the Crime Victims Fund In FY2006 . . . . . . . . . . . . . . . . . . . 5
Child Abuse Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Federal Assistance, Coordination, and Compliance . . . . . . . . . . . . . . . 5
Victim Compensation Formula Grants Program and the Victim
Assistance Formula Grants Program . . . . . . . . . . . . . . . . . . . . . . . 6
Discretionary Grants/Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Office for Victims of Crime Activities to Assist Victims of 9/11 . . . . . . . . . 6
Legislative Action in the 108th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
State Legislative Actions Concerning Victims of Crime . . . . . . . . . . . . . . . . 9
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
State Approaches to Funding for Victims Services . . . . . . . . . . . . . . . 10
Offender-Based Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Funding Through Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
State-Facilitated Funding by Private Citizens . . . . . . . . . . . . . . . 10
Miscellaneous Approaches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
List of Tables
Table 1. Caps for Crime Victims Fund for FY2002-FY2006 . . . . . . . . . . . . . . . . 2

---

Victims of Crime Compensation and
Assistance: Background and Funding
Background
The Crime Victims Fund (CVF or “Fund”) was established in the U.S. Treasury
in 19841 by the Victims of Crime Act (VOCA)2 to provide a dedicated source of
funds for state victim compensation and assistance programs. VOCA was amended
in 1988 3 to, among other things, establish the Office for Victims of Crime (OVC) to
administer the Fund. The OVC awards formula grants to states in accordance with
the VOCA. The OVC is also authorized by the VOCA to distribute Fund money to
award discretionary grants to states, local units of government, individuals and other
entities. Specially designated programs such as the child abuse program, a victim
notification system, and others as listed below, are also awarded money from the
Fund through the OVC. The OVC is part of the Department of Justice (DOJ) Office
of Justice Programs.
The VOCA was amended in 1996, 2000, and 2001,4 to provide assistance to
victims of terrorism who are nationals of the United States or an officers or
employees of the United States Government, who are injured or killed as a result of
a terrorist act outside the United States. Also included in these amendments are
provisions providing compensation and assistance to victims of terrorism within the
United States. The USA Patriot Act authorized the Director of the OVC to set aside
$50 million of Fund money, as an antiterrorism emergency reserve to respond to the
victims of 9/11 and, subsequently, to replenish any amounts expended so that not
more than $50 million is reserved in any fiscal year.5
The Fund, as established, does not receive appropriated funding.6 Deposits to
the Fund come from criminal fines, forfeited bail bonds, penalties, and special
assessments collected by the U.S. Attorneys’ Offices, federal U.S. courts and the
1 P.L.98-473, 98 Stat. 2170.
2 VOCA is codified at 42 U.S.C. §10601 et seq.
3 P.L.100-690, 102 Stat. 4420.
4 P.L.104-132, 110 Stat. 1243 (1996); P.L. 106-386, 114 Stat. 1543 (2000); P.L.107-56,
USA Patriot Act, 115 Stat. 370 (2001).
5 P.L. 107-56, 115 Stat. 371. For more information on federal, state and private relief for
victims of 9/11, see CRS Report RL31716, Homeland Security: 9/11 Victim Relief Funds,
by M. Ann Wolfe.
6 After 9/11 a one time appropriation of $68.1 million, in the FY2002 Department of
Defense Appropriations Act, was passed to assist in providing relief to 9/11 victims.

---

CRS-2
Federal Bureau of Prisons.7 In 2001, the USA Patriot Act as signed into law,
provided that gifts, bequests, or donations from private entities could be deposited
to the Fund. When the Fund was authorized in 1984, a cap was placed on how much
money could be deposited annually for the first eight years. The cap was then lifted
in FY1994 but reinstated in FY2000. The cap has fluctuated through the years as
shown in Table 1.
Office for Victims of Crime Authorization and Caps
The OVC is part of the Department of Justice’s Office of Justice Programs. The
Office of Justice Programs were authorized to be appropriated for FY2002-FY2003
by P.L.107-273. In the 108th Congress, H.R. 3036 was introduced to authorize the
DOJ, including Office of Justice Programs, for FY2004-FY2006. H.R. 3036 passed
the House on March 30, 2004. The related Senate bill, S. 2863, received no action.
Caps. When the Crime Victims Fund (CVF) was authorized in 1984, a cap
was placed on how much money could be deposited for the first eight years (FY1985
through FY1993). Congress lifted the cap for FY1994 through FY1999. Beginning
in FY2000, Congress reinstated annual caps to “protect against wide fluctuations in
receipts into the Fund, and to ensure that a stable level of funding will remain
available for these programs in future years.”8 See the table below for CVF caps
from FY2002 through FY2006.
Table 1. Caps for Crime Victims Fund for FY2002-FY2006
($ in millions)
Fiscal
2006
Year
2002a
2003b
2004c
2005d
Request
CAP
$550
$621
$621.3
$620
$660.6
Source: Department of Justice budget justifications.
a. FY2002, in addition to the $550 million cap, a one time $68.1 million was appropriated in response
to 9/11(see discussion below on special assistance to victims of 9/11).
b. FY2003, the cap as passed by Congress was $625 million. After the required government-wide
rescission the cap was lowered to $621 million.
c. FY2004, the cap, as passed by Congress, was $625 million. After the required government-wide
rescission the cap was $621.3 million according to the VOC office.
d. FY2005, the cap of $625 million was included in the Consolidated Appropriations Act, 2005, §616.
After the required government-wide rescission the cap was lowered to $620 million according
to the FY2006 DOJ Justification.
7 See 42 U.S.C. §10601.
8 H.Rept. 106-479 for the FY2000 Appropriations for the District of Columbia and for Other
Activities, Section 620.

---

CRS-3
Distribution of the Crime Victims Fund In FY2005
Child Abuse Program. According to the FY2005 DOJ Budget Justifications,
up to $20 million must be used annually to improve the investigation, handling, and
prosecution of child abuse cases. The money is divided between the U.S.
Department of Health and Human Services (up to $17 million (85%)) and the OVC,
(up to $3 million (15%)). In FY2004 and again in FY2005, the OVC estimates that
$20 million will be provided to support the programs as designated above.
Executive Office of United States Attorneys (EOUSA) Positions.
According to the FY2005 DOJ Budget Justifications, the OVC provides annual
funding to support victim-witness coordinators and victim advocates within each of
the 93 U.S. Attorney’s Offices to provide direct services to victims of crime. The
OVC will provide $18.896 million in FY2004 and $19.207 million in FY2005.
Federal Bureau of Investigation (FBI) Positions. According to the
FY2005 DOJ Budget Justifications, the OVC provides annual funding to support
victim specialists positions within the 56 FBI field offices to provide direct services
to victims of crime. The OVC will provide $11.926 million in FY2004 and $12.212
million in FY2005.
The Victim Notification System (VNS). According to the FY2005 DOJ
Budget Justification, the OVC provides annual funding to support the VNS, that is
administered by EOUSA. VNS is the vehicle that allows victims to be notified,
through an automated system, of major case events relating to the offender, from the
time a case is opened, through indictment, subsequent prosecution, and to
incarceration of the defendant. The OVC will provide $5 million for VNS in
FY2004 and in FY2005.
Antiterrorism Emergency Reserve Fund. The Director of the OVC is
authorized to set-aside up to $50 million, in the Antiterrorism Emergency Reserve
to meet the immediate and longer-term needs of terrorism and mass violence victims
by providing supplemental grants to states for victim compensation and assistance
and by also providing direct compensation to victims (U.S. nationals or officers or
employees of the U.S. government, including Foreign Service Nationals working for
the U.S. government) of terrorism occurring abroad.
After these five specified programs are funded, funds remaining are distributed
as follows: Victim Compensation Formula Grants, 47.5%; Victim Assistance
Formula Grants, 47.5%; and Victim Discretionary Grants, 5%.
Victim Compensation Formula Grants Program. Of the remaining CVF
funds available (after the above listed efforts are funded), 47.5% are for grant awards
to state crime victims compensation programs.9 Currently, all 50 states, the District
of Columbia, the U.S. Virgin Islands, Puerto Rico, and Guam have victim
compensation programs (see below for further descriptions of state programs). The
OVC awards each state (or territory) 60% of the total amount the state paid to victims
9 See 42 U.S.C. §10601 (d)(4).

---

CRS-4
from state funding sources, two years prior to the year of the federal grant award.
Compensation formula grants may be used to reimburse crime victims for out-of-
pocket expenses such as medical and mental health counseling expenses, lost wages,
funeral and burial costs, and other costs (except property loss) authorized in a state’s
compensation statute.
Prior to receiving a formula grant, a state compensation program must meet the
following requirements: (1) promote victim cooperation with the reasonable requests
of law enforcement authorities; (2) certify that grants received will not be used to
supplant state funds; (3) insure that non-resident victims receive compensation
awards on the same basis as victims residing within the state; (4) insure that
compensation provided to victims of federal crimes is given on the same basis as the
compensation given to the victims of state crime; and (5) provide compensation to
residents of the state who are victims of crimes occurring outside the state.
In FY2002, approximately 228,308 claims were filed under the states and
territories victim compensation programs; 176,929 were subsequently deemed
eligible and 51,379 were denied. Victim compensation programs paid out
approximately $448 million in claims to victims, including $3 million in claims for
medical expenses and economic support. OVC will provide $268 million in FY2004
and $270 million in FY2005 for victim compensation efforts.
Victim Assistance Formula Grants Program. Of the funds available,
after the five designated efforts are funded, 47.5% is designated for state agencies
selected by governors to administer federal funds for state and community-based
victim service program operations.10 Each state, the District of Columbia, the U.S.
Virgin Islands, and Puerto Rico receive a base amount of $500,000 each year. The
territories of the Northern Mariana Islands, Guam, and American Samoa each receive
a base amount of $200,000 annually. The remaining funds are distributed based on
U.S. census population data. States and territories receiving these funds are required
to give priority consideration to victims of domestic violence, sexual assault, and
child abuse, and to under-served victims. The states and territories receiving these
funds are required to spend a minimum of 10% of their awards in each of the listed
priority areas. The Victim Assistance Formula Grants Program supports direct
services to crime victims including information and referral services, crisis
counseling, temporary housing, criminal justice advocacy support, and other
assistance needs. States may not use federal funds to supplant state and local funds
otherwise available for crime victim assistance. Up to 5% of the annual award may
be used for administrative purposes.
During FY2002 a total of 5,629 subgrants were awarded to 4,390 agencies. The
agencies served 3.8 million victims of which 2,001,455 represented domestic
violence victims and 312,401 represented child abuse victims. The OVC will
provide $268 million toward this effort in FY2004 and an estimated $270 million in
FY2005.
10 Ibid.

---

CRS-5
Discretionary Grants/Activities. The OVC is authorized to make 5% of
remaining funds available for discretionary activities.11 At least half of this amount
must be allocated for national training and technical assistance and demonstration
and evaluation projects. Examples of discretionary program activities include:
! Helping Outreach Programs to Expand (HOPE) Grants — Funds
provide support to develop newsletters or brochures and flyers
advertising programs available to victims of crime. In addition,
programs use funds to purchase computer equipment, fax machines,
copiers, telephone service, local travel, and to train their volunteers.
The grants for these programs are often quite small;
! Victim-Oriented Policing — OVC awarded $400,000 in FY2003 to
the International Association of Chiefs of Police for planning a
multi-year project to design and implement a national strategy to
create systemic change among law enforcement agencies to
recognize victim services as an integral part of daily department life
and to conduct police training in trauma, sensitivity during evidence
collection, and a general awareness of the problems that victims of
crime experience;
! National Center for Victims of Crime (NCVC) — Another multi-
year project is receiving funding for the development of “Victim
Law” a comprehensive online database of federal, state, and tribal
victims’ rights statutes and codes, and relevant case law.
OVC awarded $25 million for discretionary program activities in FY2003 and
plans to provide $28 million in FY2004 and in FY2005.
Distribution of the Crime Victims Fund In FY2006
Child Abuse Program. According to the FY2006 DOJ Budget Justifications,
up to $20 million must be used annually to improve the investigation, handling, and
prosecution of child abuse cases. The money is divided between the U.S.
Department of Health and Human Services (up to $17 million (85%)) and the OVC,
(up to $3 million (15%)). The FY2006 DOJ Budget Justifications emphasizes the
OVC’s Children’s Justice Act Partnerships for Indian Communities Discretionary
Grant Program that is designed to assist American Indian and Alaska Native
communities develop, establish, and operate programs to improve the investigation,
prosecution, and overall handling of child abuse cases, especially cases of child
sexual abuse. All federally recognized tribes and tribal non-profit organizations are
eligible to apply for funding.
Federal Assistance, Coordination, and Compliance. According to the
FY2006 DOJ Budget Justifications, the CVF will provide financial support to federal
crime victims, coordinates federal, military and tribal agency responses to all crime
11 Ibid.

---

CRS-6
victims, and monitors federal compliance with the Victim and Witness Protection
Act of 1982 and the Attorney General’s Guidelines on victim and witness assistance.
According to the FY2006 DOJ Budget Justifications, financial support is
provided for victim specialist positions, victim-witness coordinators and victim
advocates within each of the 93 Executive Offices of United States Attorneys
(EOUSA), the 56 Federal Bureau of Investigation (FBI) field offices, the FBI’s 25
largest Resident Agencies and for 31 positions across Indian country, for direct
services to victims of crime.
According to the FY2006 DOJ Budget Justifications, financial support is
provided for the Nationwide Automated Victim Information and Notification System
(VNS) that is implemented by EOUSA, the FBI and the Bureau of Prisons. VNS
allows victims to be notified of major case events that concern them through an
automated system, from the time a case is opened, through indictment and
subsequent prosecution, and to the incarceration of the defendant. (Although
FY2006 DOJ Budget Justifications specify that $7,893 million was appropriated for
the Victim Notification System Grant Program in FY2005, it indicates that the Office
of Justice Programs is not requesting funding for this program in FY2006.)
Victim Compensation Formula Grants Program and the Victim
Assistance Formula Grants Program. Both of these programs are described
earlier in the report under FY2005 funding.
Discretionary Grants/Activities. In addition to funding the programs listed
under the FY2005 funding for discretionary grants and activities the OVC is funding
multiple programs to address services and advocacy for victims of crime with
disabilities. The OVC also supports several collaborative projects designed to
improve the response of faith-based practitioners to victims of crime. It is hoped that
these initiatives will help communities create services through their faith-based
organizations, network with secular victim service programs and train providers and
members of the faith community to meet the needs of victims. Further examples of
OVC support is the judicial training project and security on campus.
Office for Victims of Crime Activities to Assist Victims of 9/11
When 9/11 occurred, the OVC had a mechanism in place, through previous
legislation,12 to respond to the victims of these terrorist attacks. Since OVC had
statutory authority and experience13 in working with communities responding to
12 See P.L. 98-473, 98 Stat. 2170; P.L. 104-132, Antiterrorism and Effective Death Penalty
Act of 1996, 110 Stat. 1243; P.L. 106-386, §2003 Aid for Victims of Terrorism, 114 Stat.
1543. These provisions and more codified at 42 U.S.C. §10601 et seq., Victims of Crime
Act.
13 OVC had funded and coordinated victim assistance services for the Pan Am Flight 103
bombing over Lockerbie, Scotland(1988); the Alfred P. Murrah Federal Building bombing
in Oklahoma City(1995); the Khobar Towers bombing in Dhahran, Saudi Arabia(1996); the
U.S. Embassy bombings in East Africa (1998); and the U.S.S. Cole bombing in the port of
(continued...)

---

CRS-7
incidents of terrorism and mass violence, the OVC was selected to administer funds
and programs to assist the victims of 9/11. The USA Patriot Act14 authorized the
Director of the OVC to set aside $50 million of Fund money, as an antiterrorism
emergency reserve to respond to the victims of 9/11, and subsequently, to replenish
any amounts expended so that not more than $50 million is reserved in any fiscal
year for any future victims of terrorism. In addition, the OVC received a one-time
$68.1 million in the FY2002 Department of Defense Appropriations Act15 to assist
in its work of providing relief to 9/11 victims.
Using the funds available in the Antiterrorism Emergency Reserve, the OVC
awarded, in less than two weeks from the attack, $3.1 million in victim assistance
funding and $13.5 million in victim compensation funding to the state of New York
and the Commonwealths of Virginia and Pennsylvania.16 These funds were used by
the states to coordinate and provide emergency assistance to the victims in the form
of crisis counseling and other direct services, and to offset out-of-pocket expenses
for medical, mental health, funeral, and lost wages. At the same time, OVC staff
worked to identify the short and long term needs of these victims and related costs,
as well as to coordinate its efforts with other federal agencies such as the Federal
Emergency Management Agency (FEMA). Within 24 hours, OVC set up a Call
Center that offered a 24-hour, toll-free telephone line for collecting information in
a database on victims from family members and providing referrals for financial,
housing, and counseling assistance. Approximately 37,000 victims and family
members received assistance and referrals through the Call Center. The OVC also
established a Victim and Family Travel Assistance Center at a cost of $751,572,
which handled all logistical arrangements and paid travel and lodging costs for 1,800
family members traveling to funerals and memorial services. The OVC also
designed and operated a special “Hope and Remembrance” website to provide
victims with answers to frequently asked questions, official messages from U.S.
government sources, news releases, etc.17
Legislative Action in the 108th Congress
As has occurred since the 104th Congress, several Constitutional Amendment
(S.J.Res 1, H.J.Res 10 and H.J.Res. 48) were introduced in the 108th Congress to
protect the rights of crime victims.18 When it became apparent in the 108th Congress
13 (...continued)
Aden, Yemen (2002).
14 P.L. 107-56, 115 Stat. 371(codified at 42 U.S.C.§10601(d)(5)).
15 P.L. 107-117, 115 Stat. 2294.
16 U.S. Department of Justice, Office for Victims of Crime, Meeting the Needs of the Victims
of the September 11th Terrorist Attacks, Department of Defense Appropriations Act of 2002,
report to Congress, Apr. 2003.
17 For further information on federal, state and private relief for victims of 9/11, see CRS
Report RL31716, Homeland Security: 9/11 Victim Relief Funds, by M. Ann Wolfe.
18 For more information on the constitutional amendments, see CRS Reports RL31750,
(continued...)

---

CRS-8
that the necessary two-thirds super-majority needed to pass a constitutional
amendment was not available, efforts were initiated to introduce a bill that proposed
a statutory alternative. It was argued that the provisions in the Victims’ Rights Bill
(S. 2329) would serve to strengthen the statute that already existed and also serve as
a test to determine if a statute, rather than a constitutional amendment, could work
to provide the necessary victim rights protections. S. 2329 passed the Senate on
April 22, 2004. The provisions of S. 2329 were included in H.R. 5107, Justice for
All Act of 2004, and became P.L.108-405 on October 30, 2004.
The crime victims rights listed in S. 2329 are similar to the rights listed in the
proposed constitutional amendment, i.e., to be reasonably protected from the
accused; to reasonable, accurate and timely notice of any court proceeding or parole
proceeding affecting the accused; to be heard at any public court proceeding; to
confer with the Attorney for the Government; to full and timely restitution; to
proceedings without undue delay; and to be treated with fairness and with respect to
victim’s dignity and privacy. It was observed during Senate debate that the states
might look to the federal statute as a model and incorporate it into their own systems
because the federal statute encourages legal assistance grants and victim notification
grants to states that have laws substantially equivalent to the federal statute.
Enforcement mechanisms are more stringent in the legislation than is present in the
statute it replaces. Victims with standing are able to apply for a writ of mandamus
to a court of appeals to enforce the rights outlined in this law. An administrative
procedure is established in the Justice Department to receive and investigate victims’
claims of unlawful or inappropriate action on the part of criminal justice and victims’
service providers. Also, Department of Justice employees could face disciplinary
sanctions, including suspension or termination of employment if they fail to comply
with the law pertaining to the treatment of crime victims.
In addition, the following bills were introduced in the 108th Congress but did
not receive final action.
S.J.Res. 1 introduced by Senator Jon Kyl on January 7, 2003, proposes an
amendment to the Constitution of the United States to protect the rights of crime
victims (S.Rept. 108-191). H.J.Res. 10was introduced by Representative Edward
Royce on January 7, 2003, andH.J.Res. 48 was introduced by Representative Steve
Chabot on April 10, 2003, with similar provisions as found in S.J.Res 1 but with no
major action taken.
S. 805 introduced by Senator Patrick Leahy on April 7, 2004, and H.R. 3381
introduced by Representative Eleanor Holmes Norton on October 28, 2003, would
enhance the rights of crime victims, to establish grants for local governments to assist
crime victims, and for other purposes.
18 (...continued)
Victims’ Rights Amendment: A Proposal to Amend the United States Constitution in the
108th Congress and CRS Report RS21434, Victims’ Rights Amendment: A Sketch of a
Proposal in the 108th Congress to Amend the United States Constitution, by Charles Doyle.

---

CRS-9
S. 684 introduced by Senator Gordon Smith on March 21, 2003, and H.R. 401
introduced by Representative Robert Andrews on January 28, 2003, would create an
office within the Department of Justice to undertake certain specific steps to ensure
that all American citizens harmed by terrorism overseas receive equal treatment by
the U. S. government regardless of the terrorists’ country of origin or residence, and
to ensure that all terrorists involved in such attacks are pursued, prosecuted, and
punished with equal vigor, regardless of the terrorists’ country of origin or residence.
H.R. 944 introduced by Representative Rob Simmons on February 26, 2003,
would amend the Victims of Crime Act of 1984 to require the Director of the Office
for Victims of Crime to ensure that all sums in the Victims of Crime Fund in a fiscal
year are in fact obligated in the subsequent fiscal year.
H.R. 4342 was introduced by Representative Steve Chabot on May 12, 2004,
with similar provisions to those found in S. 2329 (see discussion above). No action
was taken on H.R. 4342.
State Legislative Actions Concerning Victims of Crime
Background. As mentioned previously in this report, the OVC awards grants
to the several states in accordance with the VOCA. In order to qualify for these
funds, all 50 states have passed some form of legislation to benefit victims of crime.19
As of 2000, 33 states have recognized the fundamental rights for crime victims by
raising these protections to the state constitutional level. The strength of enforcement
within the 50 states varies. However, every state administers a crime victim
compensation program that provides financial assistance to victims of both federal
and state crimes. Most state programs have similar eligibility requirements and offer
a comparable range of benefits. Maximum awards generally range from $10,000 to
$25,000. The typical compensation program requires victims to report crimes to law
enforcement within three days of the offense and to file claims within a fixed period
of time (usually two years). Most states can extend these time limits for good cause.
If other financial resources such as private health and property insurance are available
to the victim, the program pays only to the extent these resources do not cover the
loss.
In addition to victim compensation funding, all the states and several territories
provide some victim assistance services such as crisis intervention, emergency
shelter, emergency transportation, counseling and criminal justice advocacy. As
noted above, VOCA awards are made annually, by states to organizations, to provide
these and other services to victims of crime. VOCA assistance funds may be used
only for direct services to crime victims. Most funding is awarded on a competitive
basis.
VOCA also authorizes the OVC to award discretionary funds to improve the
skills, knowledge and abilities of victim service providers. In addition to the
19 U.S. Department of Justice, Office of Justice Program, “State Legislative Approaches to
Funding for Victims’ Services,” Legal Series Bulletin no. 9, see
[http://www.ojp.usdoj.gov/ovc/publications/bulletins/legalseries/bulletin9/welcome.html].

---

CRS-10
national training and technical assistance described above, VOCA funds support
services for federal crime victims such as developing materials that inform federal
crime victims of their rights and the services available, programs that establish new,
and expand existing services for federal crime victims and programs that train
federal criminal justice system personnel on victims’ issues.20
State Approaches to Funding for Victims Services. Although federal
grant programs are key in the funding for crime victim assistance, state-level support
can play an important role. There are several methods used by the 50 states to help
fund victim programs:
Offender-Based Funding. The level of “offender surcharges” varies within
the several states. Some states impose a low fee on all offenders, including most
traffic offenders. For example, Virginia imposes a $3 fee on all traffic and
misdemeanor offenders and some felony drug offenders. These funds are then
deposited into Virginia’s victim-witness fund and used to implement victims rights.
Virginia brings in $3.8 million annually using this method. Texas imposes a $45
penalty for a felony, $35 for class A and B misdemeanors and a $15 fee for Class C
misdemeanors. Using these fees, Texas raised nearly $69 million, in 1999, for the
Texas Crime Victims’ Compensation Fund and more than $16 million was
appropriated for crime victim services. In addition, several states raise money by
setting specific assessments for offenders of particular types of crime (e.g., child
pornography, other offenses against children, domestic violence, sex offenses,
pimping or soliciting a prostitute and crimes against the elderly or disabled). Several
states impose costs on offenders placed on probation or other forms of supervised
release and several states withhold a percentage of an inmates earnings that then go
to fund victim assistance.
Funding Through Fees. Many states have imposed nonoffender-based fees
for certain services, which are used to fund crime victim programs (e.g., adding a
surcharge when issuing a marriage license or filing for a divorce and using the money
to fund domestic violence, child abuse prevention, rape prevention or a general
victim/witness assistance program). Several states have attached fees for issuing
birth certificates and deposit those funds to a Children’s Trust Fund or to fund child
abuse and prevention programs.
State-Facilitated Funding by Private Citizens. Some states place a
voluntary income tax checkoff box on tax forms that designate payment to crime
victim programs. A few states use this method to fund domestic violence programs
or sexual assault. Another way to raise money to support children’s programs is
through the sale of special license plates. Also, a few states have passed laws
allowing jurors to donate their fees to crime victim-related programs such as a child
welfare service fund or a fund for domestic violence programs.
Miscellaneous Approaches. Some states give county boards special taxing
authority, after submitting a resolution to the voters at a general election, to create
20 See [http://www.ojp.usdoj.gov/ovc/help/links.htm] for VOCA funding information to
individual states and the several territories.

---

CRS-11
Children’s Advocacy Centers (Illinois) or to provide grant money for crime
assistance programs (Ohio). Connecticut sells urban action bonds to fund centers for
the elderly, shelter for domestic violence victims and emergency shelters.
Washington imposes a $1-per-gallon tax on the syrup used to make soft drinks and
in Florida there is an option for counties to adopt a tax on food, beverages, or alcohol
to fund the construction and operation of domestic violence shelters and to help the
homeless.

---