Victims of Crime Act (VOCA) Crime Victims Fund-amentals 2009 Budget Information was acquired in the course of a Report on the Fund for OVC, but all interpretations, opinions and recommendations are solely mine, and not DOJ’s or OVC’s.

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… Year One Year Two Inflows and Outflows Revenues into the Fund come from Bad Guys, not taxpayers. Revenues deposited into CVF Congress, in recent years, decides how much of Fund can be spent Expenditures used to support variety of victim services. Services

VOCA Program Areas State Compensation Formula Grants (1984) Services 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) where the money goes, the outflows CJA; state formula grants to improve investigation/prosecution of child abuse cases U.S. Attorney’s victim/witness specialists; Congress set a specified number of positions (FY2000) – [93 vw plus 77 workyears from pre-1998 allocations) FBI Victim Assistance specialists; 112 positions set by Congress, cannot do witness protection or non-victim services Federal Victim Notification System; for victims in federal system (mostly USAO, FBI, Prisons); $5 million OVC Discretionary Grants – National scope TTA, services for federal victims (VAIC); internships, demonstration projects, etc. State compensation formula grants – benefits State victim assistance grants – direct local services Antiterrorism Emergency Reserve – for grants to compensation/assistance programs helping victims of terrorism/mass violence and OVC’s International Victims of Terrorism Compensation Program. $50 million initial reserve to be replenished with up to 5% of Fund balance after other program allocations.

State Victim Assistance Grants 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. 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 1985-2007 = $9 Billion Est. FY 09 Opening Balance Since beginning of Fund, all amounts deposited in a year were distributed the following year. In response to Fund fluctuations, in FY 1999 Congress began capping annual obligations “to protect against fluctuations and ensure stable funding in the future for these programs.” Congress “delayed” – not eliminated -- additional spending If a cap hadn’t been imposed, those funds could and would have been used in the field to provide victim services. The amounts retained in the Fund became a “rainy day” balance. At least three times since FY 2000, annual deposits were less than the cap and amounts retained in the Fund were used to make up the difference FY 2002 - $6 million FY 2003 - $81 million FY 2004 - $260 million And, if Administration’s projections are correct, will need to use this “rainy day” balance again in FY 2006.

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 What happens in 2010? 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? A $1.338 billion rescission means removal of the entire “rainy day” balance PLUS amounts collected during FY 2008. That would leave a zero balance in the Fund at the beginning of FY 2009. Congress would have two choices: No funding for victim services. Using taxpayer money to fund victim services.

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.

VOCA Program Funding $374 $354 $301 $254 $229 $396 $396 $371 $289 $236 $770* Cap Other VOCA Programs/ OJP Costs State Victim Assistance Grants $625 $625 $374 $229 $254 $590 $590* $354 $301 $396 $396 $371 $289 $236 In millions * Includes $ 50 million AER 2006 2007 2008 est. 2009 Request 2009 est.

Victim Assistance Grants cut by VOCA Victim Assistance Grants cut by $159 million (40%) since 2006 VOCA Program Funding $770* Cap Other VOCA Programs/ OJP Costs State Victim Assistance Grants $625 $625 $374 $229 $254 $590 $590* $354 $301 $396 $396 $371 $289 $236 In millions * Includes $ 50 million AER 2006 2007 2008 est. 2009 Request 2009 est.

Fund Availability $1.3b

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.

Steve Derene email: steve@navaa.org tel: 608-233-2245 web: www.navaa.org