Victims of Crime Act(VOCA)
Crime VictimsFund-amentals
2009 Budget
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: [email protected]: 202-467-8722web: www.ncvc.org
Steve Dereneemail: [email protected]: 608-233-2245web: www.navaa.org