Order Code RL32579
CRS Report for Congress
Received through the CRS Web
Victims of Crime Compensation and Assistance:
Background and Funding
Updated June 20, 2006
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 and a victim notification system, are also awarded money from the
Fund through the OVC. The OVC is part of the Department of Justice (DOJ) Office
of Justice Programs. For operating programs under the OVC, the Administration is
requesting $784.1 million for FY2007, $13.8 million less than in FY2006.
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 for
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 FY2006, as passed by Congress, is $625 million
(P.L. 109-108). The Administration has requested a cap of $625 million for the CVF
for FY2007. The Administration’s FY2007 budget also includes a request for the
Congress to rescind $1.255 billion from the CVF balances, often referred to as the
“rainy day” fund or emergency fund. A similar proposal was made by the President’s
budget for FY2006, but the rescission proposal was not enacted by Congress.
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. 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
Crime Victims Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Caps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
“Rainy Day” Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Distribution of the Crime Victims Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Child Abuse Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Executive Office of United States Attorneys (EOUSA) Positions . . . . 4
Federal Bureau of Investigation (FBI) Positions . . . . . . . . . . . . . . . . . . 4
The Victim Notification System (VNS) . . . . . . . . . . . . . . . . . . . . . . . . . 5
Antiterrorism Emergency Reserve Fund . . . . . . . . . . . . . . . . . . . . . . . . 5
Victim Compensation Formula Grants Program . . . . . . . . . . . . . . . . . . 5
Victim Assistance Formula Grants Program . . . . . . . . . . . . . . . . . . . . . 6
Discretionary Grants/Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Office for Victims of Crime Activities to Assist Victims of 9/11 . . . . . . . . . 8
Legislative Action in the 109th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
State-Facilitated Funding by Private Citizens . . . . . . . . . . . . . . . 11
Miscellaneous Approaches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
List of Tables
Table 1. Crime Victims Fund, 1986-2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
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 (OJP).
The VOCA was amended in 1996, 2000, and 20014 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 OVC’s mission is to enhance the nation’s capacity to assist crime victims
and help to improve attitudes, policies, and practices that promote justice and help
victims. According to the Department of Justice FY2007 Budget Justifications,
proposed OVC activities for FY2007 will include (1) providing assistance to federal
law enforcement personnel, investigators, prosecutors, and other professionals who
work on behalf of victims of federal crime; (2) continuing to provide direct federal
support to crime victims through the Executive Office of United States Attorneys, the
Federal Bureau of Investigation (FBI); and (3) enhancing the nation’s capacity to
assist victims by funding the development of national training, technical assistance,
and demonstration projects that promote practices that best meet crime victims’
needs.
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).
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In the 109th Congress, provisions reauthorizing DOJ programs for FY2006
through FY2009 were enacted on December 17, 2005, as part of Violence Against
Women and Department of Justice Reauthorization Act of 2005. The bill was signed
into law on January 5, 2006 (P.L. 109-162).
Crime Victims Fund
The Fund, as established, does not receive appropriated funding.5 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
Federal Bureau of Prisons.6 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.
Caps. When the 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.”7 See Table 1, below, for CVF caps from FY2002 through
the President’s FY2007 budget request.
“Rainy Day” Fund. The Crime Victims Fund (42 U.S.C. 10601) requires that
all sums deposited in any fiscal year that are not obligated by Congress must remain
in the Fund for obligation in future fiscal years, without fiscal year limitation.
Currently, the funding for the current year’s grants are provided by the previous
year’s collections deposited in the Fund. The capped amount is the amount that OVC
can award grants in a given year. In years where the receipts from the previous year
are not sufficient to reach the congressionally set cap for a fiscal year, the additional
amounts are made up from the amount credited to the CVF emergency fund,
otherwise referred to as the “rainy day” fund. If collections in a previous year exceed
the cap, then amounts over the cap are credited to the “rainy day” fund for future
program benefits. For example, in FY2000, the first year the congressionally set cap
was reinstated, funding for the year was capped at $500 million for VOCA grants
despite the fact that collections were $985 million in FY1999. The collections over
the cap were credited to the CVF for future use.
Table 1 provides the amounts of receipts, amounts available for VOCA grants,
and the balances available at the end of each year in the CVF, or “rainy day” fund.
Since FY2000, when the cap was reinstated by Congress, there has been considerable
5 After 9/11 a one time appropriation of $68.1 million, in the FY2002 Department of
Defense Appropriations Act, was passed to assist in providing relief to 9/11 victims. For
more information on federal, state, and private relief for victims of 9/11, see CRS Report
RL31716, Homeland Security: 9/11 Victim Relief Funds, by M. Ann Wolfe.
6 See 42 U.S.C. §10601.
7 H.Rept. 106-479 for the FY2000 Appropriations for the District of Columbia and for Other
Activities, Section 620.
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fluctuation in the amounts collected while the congressionally set cap has increased
in most years. It is important to note that there has been significant variation in
collections, and that since the funding cap was reinstated, the “rainy day” fund has
been tapped for funds in three years and added to the CVF balances in three years.
Table 1. Crime Victims Fund, 1986-2005
($ in millions)
Total End-of Year
Enacted Cap on
Amounts Collected in
CVF Balance
Fiscal Year
Amounts Available
Previous Fiscal Year
“Rainy Day”
for VOCA Grantsa
Fund”
1986
$68.3
$100
$68.3
1987
62.5
110
62.5
1988
77.4
110
77.4
1989
93.6
110
93.6
1990
133.5
125
125
1991
146.2
125
125
1992
128
150
128
1993
221.6
150
150
1994
144.7
0
144.7
1995
185.1
0
185.1
1996
233.9
0
233.9
1997
528.9
0
528.9
1998
362.9
0
362.9
1999
324
0
1,023.6
2000
985.2
500 1,321.2
2001
777 537.5
1,334.6
2002
544.4
550 1,331.8
2003
519.5 600
1,093.3
2004
361.3 621.3
1,305.1
2005
833.7 620
1,307.0
2006
668.3
625
N/A
2007b
589
625c
N/A
Source: U.S. Department of Justice, Office of Justice Programs, Office of Communications.
Note: N/A = not available.
a. Amounts do not include set-asides for specified programs.
b. Estimated collections and FY2006 estimate revenue and FY2007 projected.
c. FY2007 President’s request for the cap.
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The Administration’s FY2007 Budget Request includes a proposal to rescind
$1.255 billion from the balance in the CVF, also referred to as the “rainy day” fund.
The President’s budget also proposes an FY2007 cap of $625 million for the CVF.
Distribution of the Crime Victims Fund
Child Abuse Program. According to the FY2007 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 FY2007, the OVC is expected to provide approximately
$20 million to support the programs as designated above.
The FY2006 DOJ Budget Justifications emphasize the OVC’s Children’s
Justice Act Partnerships for Indian Communities Discretionary Grant Program, which
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 nonprofit organizations are eligible to apply for funding.
Executive Office of United States Attorneys (EOUSA) Positions. 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 provided $14.768 million in FY2005 and $21.955
million in FY2006. The President’s FY2007 budget proposal includes $22.6 million
for this purpose.
Federal Bureau of Investigation (FBI) Positions. The OVC provides
annual funding to support victim specialists positions within the 56 FBI field offices
to provide direct services to victims of crime. It is the FBI’s victim assistance
specialists who keep victims of federal crimes informed of case developments. The
OVC provided $7.946 million in FY2005 and $8.747 million in FY2006. The
President’s budget request includes $13.054 million for this purpose in FY2007.
The CVF provides financial support to assist federal crime victims; coordinate
federal, military, and tribal agency responses to all crime victims; and monitor federal
compliance with the Victim and Witness Protection Act of 1982 and the Attorney
General’s Guidelines on victim and witness assistance. 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
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 FY2007 DOJ Budget Justifications, financial support is
provided for the Nationwide Automated Victim Information and Notification System
(VNS), which is implemented by EOUSA, the FBI, and the Bureau of Prisons.
Although FY2007 DOJ Budget Justifications specify that $8.885 million was
appropriated for the Victim Notification System Grant Program in FY2006, it
indicates that the Office of Justice Programs is not requesting funding for this
program in FY2007.
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The Victim Notification System (VNS). 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 provided
$5.142 million for VNS in FY2004, $4.960 million in FY2005, and $5.335 million
in FY2006. The President’s FY2007 budget request includes a proposal to provide
$4.9 million for this program.
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, remaining funds 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.8 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
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. Victims are reimbursed for state-qualified crime-related
expenses that are not covered by other resources, such as private insurance.
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.
8 See 42 U.S.C. §10601 (d)(4).
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In FY2003,9 approximately 171,912 claims were approved under the states’ and
territories’ victim compensation programs, with an average payout of $2,500 each.10
The total payout amount was $227.4 million, and the total number of paid claims was
73,280. These benefits generally went to cover medical and dental expenses incurred
as a result of an assault. Under the assault category, 84% of paid claims were
domestic violence-related claims. The majority of VOCA compensation claimants
were adult victims between the ages of 18-64; 31% of claims were for youth ages 17
and under; 4% were elderly victims age 65 and older. In FY2004, 170,739 were
approved, with an average payout of just over $2,400 per claim. For FY2004, victim
compensation programs paid out approximately $235.1 million in claims to victims.
As in FY2003, in FY2004 domestic violence-related claims were the highest,
although they dropped slightly to 83%. The age distribution of claimants was largely
the same as in the previous fiscal year.11
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.12 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.
For FY2003, VOCA Victim Assistance totaled $353 million; for FY2004, it
totaled $355 million. VOCA Victim Assistance increased from $361.4 in FY2005
to $395.9 million in FY2006. During FY2003, VOCA-funded agencies provided
more than 16 million services to an estimated 3.8 million victims, of which 49%
were domestic violence victims. In FY2004, more than 17.8 million services were
provided to more than 4 million victims, 47.3% of whom were victims of domestic
violence.
9 U.S. DOJ, OJP, OVC, Report to the Nation, 2005, NCJ 209117, p. 6.
10 The most recent program figures available are reported in the OVC Report to the Nation,
2005, and reflect the most current information, as of February 18, 2005. Victim Assistance
grants are active for four years, so, for example, FY2003 grants do not close until FY2007,
and FY2004 grants do not close until FY2008. OVC reports are published biennially.
11 Ibid.
12 See 42 U.S.C. §10601 (d)(4).
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Discretionary Grants/Activities. The OVC is authorized to make 5% of
remaining funds available for discretionary activities.13 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:
! Providing Victim Assistance in Rural Prosecutors’ Offices:
Challenges and Strategies — OVC awarded $100,000 to the
American Prosecutors Research Institute (APRI) to explore the state
of victim/witness assistance in rural prosecutors’ offices, the
challenges these offices face in trying to meet the needs of rural
victims, and promising strategies for overcoming these challenges.
APRI has identified innovative practices employed by rural
prosecutors to improve services to crime victims and developed a
guidebook providing prosecutors and prosecutor-based
victim/witness advocates with practical information to help them
better serve rural crime victims, aid victims in their recovery, protect
victims’ rights, and ensure their proper treatment in the criminal
justice system.
! Victim-Oriented Policing — OVC awarded $1.4 million for
FY2003-FY2005 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.
In addition to funding the example programs listed above, the OVC funds
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 include a judicial training project and a campus security project.
OVC awarded $28.2 million for discretionary program activities in FY2003 and
$31.5 million in FY2004. For FY2005, $29.9 million went to fund discretionary
grants; $29.6 million in funding was available in FY2006. It is estimated that $28.9
million will be available to fund discretionary grants in FY2007.
13 Ibid.
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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,14 to respond to the victims of these terrorist attacks. Since OVC had
statutory authority and experience15 in working with communities responding to
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 Act16 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 Act17 to assist
in its work of providing relief to 9/11 victims.18
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.19 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
14 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.
15 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 Aden, Yemen (2002).
16 P.L. 107-56, 115 Stat. 371(codified at 42 U.S.C.§10601 (d)(5)).
17 P.L. 107-117, 115 Stat. 2294.
18 P.L. 107-56, 115 Stat. 371.
19 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.
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victims with answers to frequently asked questions, official messages from U.S.
government sources, news releases, etc.20
Legislative Action in the 109th Congress
During the 109th Congress, legislation has been introduced to amend the VOCA.
H.R. 1664, introduced on April 14, 2005, by Representative Simmons, would require
that all sums in the Crime Victims Fund in a fiscal year be obligated in the
subsequent fiscal year. This would change the current law under which Congress
enacts an annual cap on CVF expenditures and permits any remaining balances to be
credited to the Fund. H.R. 1672, introduced on April 14, 2005, by Representative
Woolsey, would amend VOCA to include a child victim of a family abduction as a
“victim” under the law in cases where a parent takes, keeps, or conceals a child or
children and prevents another individual from exercising lawful custody or visitation
rights. No further congressional action has been taken on either bill.
In addition, the reauthorization of the Department of Justice programs, H.R.
3402, the Violence Against Women and Department of Justice Reauthorization Act
of 2005 (P.L. 109-162), was enacted on December 17, 2005, and signed into law on
January 5, 2006. P.L. 109-162 included amendments to VOCA that —
! permit grants of up to $10,000 each to be made to nonprofit
neighborhood and community-based victim service organizations
and coalitions for assisting crime victims;
! clarify that the Director of OVC is authorized to receive and deposit
into the CVF gifts, bequests, or donations, as long as there are no
attached conditions that would be inconsistent with applicable laws
or regulations, or that would require expenditures of appropriated
funds not available to the OVC;
! permit the Attorney General to use 5% of available funds for grants
to Indian tribes to establish child victim assistance programs; and
! require OVC to submit a program report no later than one month
after the end of each even-numbered fiscal year.
State Legislative Actions Concerning Victims of Crime
Background. As mentioned previously in this report, the OVC awards grants
to 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.21 As of 2000,
33 states have recognized the fundamental rights for crime victims by raising these
20 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.
21 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].
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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
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.22
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
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, some 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). Other
states impose costs on offenders placed on probation or other forms of supervised
22 See [http://www.ojp.usdoj.gov/ovc/help/links.htm] for VOCA funding information to
individual states and the several territories.
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release, whereas other 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
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, shelters 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.