National
Background
WV State Background
Federal Victims Crime Act
WV Victims Crime Act
WV Division of Justice and Community Services
National Background
National Victims of Crime Act of 1984
In
the recent past, victims in the criminal justice system
were virtually invisible, or at most, seen as mere pieces
of evidence. In response to these inequities, a Presidential
Task Force on Victims of Crime was established in 1982.
Its final report included sixty-eight recommendations. Among
them, was the recommendation that Congress enact legislation
to provide federal funding to federal, state, local, and
private nonprofit victim advocate and victim/witness agencies
that serve crime victims. Passage of the Victims of Crime
Act of 1984 (VOCA) represented a revolutionary step toward
restoring balance between the rights of crime victims and
the rights of the accused criminals. Today, crime victims
have emerged as integral to the criminal justice process.
Rather than being rendered helpless by their victimization,
victims of crime have been encouraged by the provisions
and impact of VOCA to actively participate in seeking justice
and healing.
The
Office for Victims of Crime
The
1984 enactment of VOCA established the Office for Victims
of Crime (OVC) as the lead federal agency in promoting the
rights and needs of crime victims, and represented a recognition
that the federal government cares about victims of crime
and is aware of its responsibility to offer them support.
That support takes two specific forms: 1) formula grants,
which are provided to the states and territories for state
crime victim compensation and victim assistance programs;
and 2) discretionary grants, which are awarded to states
and localities to support: services to victims of federal
crime, pioneering programs that service crime victims, high
quality training and technical assistance to criminal justice
system professionals and other allied professionals, and
the dissemination of information to the victims' field.
When
VOCA was amended in 1988, the Act designated OVC as the
bureau within the Office of Justice Programs (OJP) in the
Department of Justice (DOJ) to administer the Crime Victims
Fund. It also provided that the Director of OVC would be
appointed by the President with the Senate's consent.
Today,
OVC is one of five bureaus within OJP and works closely
with these other components -- the Bureau of Justice Assistance
(BJA), the Bureau of Justice Statistics (BJS), the National
Institute of Justice (NIJ), and the Office of Juvenile Justice
and Delinquency Prevention (OJJDP) -- to support programs
that benefit crime victims. OVC serves as the federal government's
chief advocate for crime victims and collaborates with many
DOJ components, other federal agencies, as well as public
and private organizations, to improve services to crime
victims.
Crime
Victims Fund
The
Crime Victims Fund was established by VOCA and serves as
a major funding source for victim services throughout the
country. Each year, millions of dollars are deposited into
this Fund from criminal fines, forfeited bail bonds, penalty
fees, and special assessments collected by U.S. Attorneys'
Offices, U.S. Courts, and the Bureau of Prisons. These dollars
come from offenders convicted of federal crimes -- not from
taxpayers.
Distribution
of the Fund
The
first $10 million is used to improve the investigation and
prosecution of child abuse cases. The $10 million is divided
between the U.S. Department of Health and Human Services
($8.5 million) and OVC ($1.5 million). The portion administered
by OVC is used exclusively to help Native Americans improve
the investigation and prosecution of child abuse cases,
particularly child sexual abuse.
The
remaining Fund deposits are distributed in the following
ways:
-
48.5 % to state compensation programs;
- 48.5% to state assistance programs; and
- 3.0% for discretionary funds to provide training and other
assistance to
improve the delivery of services to crime victims.
WV
State Background
VICTIMS OF CRIME ACT ASSISTANCE PROGRAM (VOCA)
VOCA
Funding Criteria
According
to federal guidelines, priority will be given to eligible
crime victims assistance programs providing direct services
to victims of:
1.
Rape/Sexual Assault
2. Spousal Abuse
3. Child Abuse
4. Previously Underserved Victims of Violence Crime
(Survivors
of homicide victims, elderly victims of abuse or neglect,
victims of drunk drivers, adult survivors of child sexual
assault or incest, or other violent crimes that are being
neglected or not being served adequately.)
West
Virginia requires every program receiving VOCA funds to
include, as a principal mission or component of its program,
services to at least one category of priority victims, and:
1.
Be operated by a local unit of government or a private
non-profit organization that provides services to crime
victims.
2. Have a record of providing effective services to victims
of crime and have financial support from other sources.
3. Utilize volunteers.
4. Promote coordinated public and private efforts to aid
crime victims.
5. Assist victims in seeking available crime victim compensation
benefits.
VOCA
funds must be used only to provide direct services to victims
of crime. (Direct services are activities that directly
benefit individual crime victims.)
Allowable
Cost
Allowable
costs include but are not limited to the following:
Personnel
expenses
Contractual services (portion)
Travel/Training expenses
Space (pro-rated)
Telephone (pro-rated)
Audit Costs (2% of award)
Program materials, supplies, etc.
Federal Victims of Crime Act
You can view the Federal Victims of Crime Act by clicking
the link below.
www4.law.cornell.edu/uscode/42/ch112.html
WV
Victims of Crime Act
For the West Virginia Victims of Crime Act click the link
below:
WV Victims of Crime Act
or visit
wvlegislature.gov
and expand the WV Code folder then click on State Code.
Finally select chapter 61 and scroll until you see -
ARTICLE 11A. VICTIM PROTECTION ACT OF 1984.
§61-11A-1. Legislative findings and purpose.
WV Division of Justice and Community Services
If you would like more information regarding West Virginia's
Division of Justice and Community Services, please visit their
site at:
www.djcs.wv.gov
