Victims of Crime Act(VOCA)

Crime VictimsFund-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…

ServicesServices

Year One Year Two

Crime Victims Fund

ServicesServices

VOCA Program Areas State Compensation

Formula Grants (1984) State Victim

Assistance 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 GrantsNon-Profit

70%

Other Public

4%Nat. Am.

1%CJS25%

56 jurisdictions grant:base $+ % pop.

4,400 public and nonprofit agencies…

provide direct victim assistance services…

to 3.8 million victims of all types of crimes each year.

Domestic

Violence

49%

Surv /Hom.

Victims

3%

Child Phy .

Abuse

3%

Assault

7%

Other

18%

Robbery

2%

Child Sexual

Abuse

9%

DUI/DWI

Crashes

1%

Elder Abuse

1%Adults

Mol/Child

2%

Adult Sexual

Assault

5%

•crisis intervention and counseling•support groups and therapy/treatment•emergency shelter•Information/referral and hotlines

•legal advocacy and emergency financial assist.•criminal justice system (case status/disposition information, restitution assistance)•personal advocacy and case management

Fund Deposits/Caps

-100

100

300

500

700

900

1,100

Mill

ions increase

drawdown

Prev. Yr. Deps.Cap

1985-2007 = $9 Billion

Est. FY 09 Opening BalanceEst. FY 09 Opening Balance$1.9 Billion$1.9 Billion

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) $1,904 plus amounts to be collected during 2009

710

2,614 less new budget authority (cap)

-590 less rescission

-2,024 Opening balance, 2010

-0-

What happens in 2010?

Opening Fund Balance

0

200

400

600

800

1,000

1,200

1,400

1,600

1,800

2,000

2002 2003 2004 2005 2006 2007 2008 2009 2010

Mill

ions

VOCA Allocation SequenceUnder 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 Act20.0

U.S. Atty’s Victim/Witness Coord.25.2

FBI Victim Assistance Specialists13.1

Federal Victim Notification System5.5

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

$625

$254$254

$371$371

$590

$301$301

$289$289

2006 2008est.

$625

2007

$229$229

$396$396

Cap

Other VOCAPrograms/OJP Costs

StateVictimAssistanceGrants

$770*

$374$374

$396$396

2009est.

In millions* Includes $ 50 million AER

$590*

$354$354

$236$2362009

Request

VOCA Victim Assistance Grants

cut by$159 million (40%)

since 2006

VOCA Victim Assistance Grants

cut by$159 million (40%)

since 2006

Fund Availability

0

200

400

600

800

1000

1200

1400

1600

1800

2000

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

Mill

ions Available in Fund

Annual cap

Victim assistance grants

$1.3b$1.1b

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

ArizonaSexual Assault

victims waiting 5 months

Iowa14 programs

closed since 2005

MassachusettsFunded programs

cut from 90 to 65

Oregon18 FTE cut to

4 FTE for competitive grants

MinnesotaLose equivalentof 5 programsPennsylvania

Counseling staffs cut 12% and

advocates 6%

CaliforniaA 10% cut that will

force someprograms to close

National Center for Victims of Crime

Survey of Victim Service Providers (VSP). Effect of VOCA cuts. More than 1,000 responses.

VOCA “Very Important”

91.5

94.0

97.8

98.0

99.5

0 20 40 60 80 100

Prosecutor-based

Law Enforcement-based

Other Nonprofit

DomesticViolence

Sexual Assault

Percentage

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

58.2

46.4

0 20 40 60 80 100

Reduce outreach

Serve fewervictims

Provide fewerservices

Percentage

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)

Susan Howleyemail: showley@ncvc.orgtel: 202-467-8722web: www.ncvc.org

Steve Dereneemail: steve@navaa.orgtel: 608-233-2245web: www.navaa.org