Transcript Slide 1

Victims of Crime Act
(VOCA)
Crime Victims
Fund-amentals
2009 Budget
Parents of
Murdered
Children
What is the Crime Victims Fund?
 Created in 1984 as revenue source for the
Victims of Crime Act (VOCA) to support state
victim assistance and crime victim
compensation.
 Separate account; self-sufficient.
 Paid entirely by Federal criminal offenders; no
taxpayer dollars.
 Only Federal funding for direct services to
victims of all types of crimes.
Unlike other programs…
 Permanent authorization, no sunset.
 Continuing appropriation.
 Cap on Fund delays amounts otherwise
available for obligation.
 Unobligated amounts remain in Fund for future
victim services.
How Crime Victims Fund works…
Crime Victims Fund
Year One
Year Two
Services
VOCA Program Areas
 State Compensation

Formula Grants (1984)
 State Victim Assistance 
Services
Formula Grants (1984)
 OVC Discretionary
Grants (1984)

 Children’s Justice Act
(1986)

 U.S. Attorneys’
Victim/Witness (2000) 
FBI Victim Assistance
Specialists (2001)
Federal Victim
Notification System
(2002)
Antiterrorism Emergency
Reserve (1996; 2001)
OJP Offices; OAAM, CCDO
(2006)
OJP Management &
Administration (2008)
State Victim Assistance Grants
Non-Profit
70%
56 jurisdictions grant:
base $+ % pop.
Other
Public
4%
4,400 public and nonprofit agencies…
Nat. Am.
1%
CJS
25%
provide direct victim assistance services…
•crisis intervention and counseling
•support groups and therapy/treatment
•emergency shelter
•Information/referral and hotlines
to 3.8 million victims of
all types of crimes each year.
•legal advocacy and emergency financial assist.
•criminal justice system (case status/disposition
information, restitution assistance)
•personal advocacy and case management
DUI/DWI
Crashes
1%
Child Sexual
Abuse
9%
Domestic
Violence
49%
Adult Sexual
Assault
5%
Child Phy .
Abuse
3%
Other
18%
Assault
7%
Surv /Hom.
Victims
Robbery
3%
2%
Adults
Mol/Child
2%
Elder Abuse
1%
Fund Deposits/Caps
1985-2007 = $9 Billion
increase
drawdown
Prev. Yr. Deps.
Cap
900
Est. FY 09 Opening Balance
$1.9 Billion
700
500
300
20
09
20
08
20
07
20
06
20
05
20
04
20
03
20
02
20
01
20
00
19
99
19
98
19
97
19
96
19
95
19
94
19
93
19
92
19
91
19
90
19
89
19
88
19
87
-100
19
86
100
19
85
Millions
1,100
Capped to stabilize funding…
“The conferees have taken this action [delaying annual Fund obligations] 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.”
[FY 2000; Conf. Rpt. 106-479]
“… all sums deposited in the Fund in any fiscal year that are not made available for obligation
by Congress in the subsequent fiscal year shall remain in the Fund for obligation in future fiscal
years, without fiscal year limitation.”
[42 U.S.C.10601(c); amended Pub. L. 106-386; Oct. 28, 2000]
“The conferees have taken this action 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.
[FY 2002; Conf. Rpt 107-278]
“[The cap] is continued to ensure a stable source of funds will remain available for the
program, despite inconsistent levels of criminal fines deposited annually into the fund.”
[FY 2005; House Rpt. 108-576]
Capped to stabilize funding…
“[The cap is continued to ensure a stable source of funds will remain available for the program,
despite inconsistent levels of criminal fines deposited annually into the fund. Requested
language rescinding the remaining balances in the Crime Victims Fund is not included.”
[FY 2006; House Rpt. 109-118]
“Section 612, modified from fiscal year 2006 and the request, delays the obligations of any
receipts deposited into the Crime Victims Fund in excess of $625,000,000 until October 1, 2007.
This language is continued to ensure a stable source of funds will remain available for the
program, despite inconsistent levels of criminal fines deposited annually into the fund.
Requested language rescinding the remaining balances in the Crime Victims Fund is not
included.”
[FY 2007; House Rpt. 109-520]
“… [the crime victims] fund has to be managed to ensure that there’s a source of funds that
will remain available for the program despite the inconsistent levels of the criminal fees that
are deposited there annually. So part of that is trying to manage the account to assure
stability year in and year out so that funds will be available for victims to be paid out according
to the authority.”
[Cong. Rec., July 25, 2007]
2009 Budget Request
 Rescinds $2.024 billion.
 Sets cap at $590 million.
 Includes $50 million Antiterrorism Emergency
Reserve “under the cap.”
 Transforms Fund from special account into
revenue-offset account.
$2.024 billion Rescission


Opening balance, 2009 (“rainy day” balance)
plus amounts to be collected during 2009



less new budget authority (cap)
less rescission
Opening balance, 2010
What happens in 2010?
Millions
Opening Fund Balance
2,000
1,800
1,600
1,400
1,200
1,000
800
600
400
200
0
2002
2003
2004
2005
2006
2007
$1,904
710
2,614
-590
-2,024
-0-
2008
2009
2010
VOCA Allocation Sequence
Under the cap (2008 estimate)
$590.0
 OJP Management & Administration – 5.5%
32.5
 OJP Office of Audit, Assessment and Management – 1.5%
8.9
 Children’s Justice Act
20.0
 U.S. Atty’s Victim/Witness Coord.
25.2
 FBI Victim Assistance Specialists
13.1
 Federal Victim Notification System
5.5
Of amounts remaining:
454.8
 OVC Discretionary Grants – 5%
24.2
 State Compensation Grants - 60% of previous year’s
state-funded payout ($285.5m)
171.3
 State Victim Assistance Grants - whatever’s left over!
289.3
Above the Cap (except 2009 request)
Antiterrorism Emergency Reserve – ($50m); replenished with up to 5% of fund
balance after other allocations.
“Whatever’s left over” means …
As other VOCA programs increase,
state victim assistance grants decrease.
If VOCA cap is lowered,
assistance grants decline.
Other costs (AER, M&A, etc.) “under cap,”
state assistance grants are cut even more.
VOCA Program Funding
$770*
Cap
Other VOCA
Programs/
OJP Costs
State
Victim
Assistance
Grants
In millions
* Includes $ 50 million AER
$625
$625
2006
2007
VOCA
$374
$590
$590*
Victim Assistance Grants
$354
$301
$254
cut by
$229
$159 million (40%)
$396
$396
since 2006
$371
$289
$236
2008
est.
2009
Request
2009
est.
Millions
Fund Availability
2000
1800
Available in Fund
Annual cap
Victim assistance grants
1600
1400
1200
$1.1b
$1.3b
1000
800
600
400
200
0
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
Restore VOCA Assistance
 $770 million cap = FY 2006 state victim assistance grants.
 $717 million cap, if AER kept above the cap.
 $677 million cap, if OJP M&A direct appropriation ($32.4
million).
 Money already collected from Federal offenders and kept in
Fund to maintain stable funding for victim services.
 Does not include increases in:
 Crime rates.
 Demands for services.
 Types of crimes (e.g. stalking, human trafficking, identity
theft, etc.).
 Costs of operations (e.g. gas, heat/utilities, stamps, etc.).
 Direct funding for state victim assistance grants.
What Cut Means…
 Some will turn away victims needing services.
 Some will lose staff.
 Some programs will close entirely.
Impact of VOCA Cuts on States
Arizona
Sexual Assault
victims
California
waiting 5 months
A 10% cut that will
force some
Oregon
Massachusetts
programs to close Minnesota
18 FTE cut to
Lose equivalent
Funded programs
4 FTE for
Pennsylvania
of
5 programscut from
competitive grants Counseling
Iowastaffs
90 to 65
14 programs
cut
12% and
closed 6%
advocates
since 2005
National Center
for Victims of Crime
 Survey of Victim Service Providers (VSP).
 Effect of VOCA cuts.
 More than 1,000 responses.
VOCA “Very Important”
98.0
Sexual Assault
99.5
Domestic
Violence
97.8
Other Nonprofit
94.0
Law Enforcementbased
91.5
Prosecutor-based
0
20
40
60
Percentage
80
100
VOCA’s Importance
"We have three over-worked victim advocates; two of them are totally paid for with
VOCA Funds.“
Prosecutor-based victim assistant (GA)
“VOCA covers almost all of the counseling staff for our women’s shelter and sexual
assault program.”
Nonprofit service provider (VA)
“We are a bare-bones organization…VOCA funding for staff and services are the
only way most of our poor and homeless clients ever get assistance.”
Nonprofit service provider (TX)
Impact of Cuts
54.9
Provide fewer
services
58.2
Serve fewer
victims
46.4
Reduce outreach
0
20
40
60
Percentage
80
100
Impact of Cuts
"We are approaching the 'blood from a turnip' stage. All costs and expenses are
going up. We have good community support but due to the state of the economy
the community cannot provide more support than it already provides."
Nonprofit Service Provider (ID)
"The situation in economically-devastated Michigan cannot be overemphasized as a
contributor to our concern over VOCA funding. For many of us, VOCA keeps core
services alive."
Nonprofit service provider (MI)
"VOCA funding is vital in providing services to those, who not fault of their own,
have become victims of the most vicious of crimes. If this funding were not
available, these victims would go without advocacy, medical, mental health, and/or
legal services, which is crucial in a victim's healing process."
Nonprofit service provider (WV)
Steve Derene
email: [email protected]
tel: 608-233-2245
web: www.navaa.org
Susan Howley
email: [email protected]
tel: 202-467-8722
web: www.ncvc.org