Crime Victim Compensation

The Office for Victims of Crime (OVC), U.S.

Department of Justice, administers the Crime Victim Compensation formula grant program.

OVC annually awards a grant to each state, the District of Columbia, the U.S.

Virgin Islands, Guam, and Puerto Rico to support state crime victim compensation
programs.

These programs help pay for some of the expenses resulting from crimes involving violence or abuse.
Related Programs

Examples of Funded Projects

Program funds State formula grants to be used for crime victim compensation only.


Agency - Department of Justice

The Department of Justice enforces the law and defends the interest of the United States, ensuring public safety against threats foreign and domestic; providing Federal leadership in preventing and controlling crime; seeking just punishment for those guilty of unlawful pursuits; and ensuring fair and impartial administration of justice for all Americans.



Program Accomplishments

Since Fiscal Year 1986, awards totaled $1,868,620,429.

Uses and Use Restrictions

Funds under this program shall be used by the States for awards of compensation benefits to crime victims, with the following exception: States may retain up to 5 percent of their total grant for administrative and training purposes.

As provided in recent VOCA amendments, formula grant funds to an eligible State crime victim compensation program is based on 60 percent of the amounts States expended during the fiscal year preceding the year of collections for the Crime Victims Fund, other than amounts awarded for property damage.

If the sums available in the Fund for grants under this program are insufficient to provide grants of 60 percent as provided above, grants from the sums available will be made to each eligible crime victim compensation program so that all such programs receive the same percentage of the amounts awarded by such programs during the preceding fiscal year, other than amounts awarded for property damage.

A crime victim compensation program is an eligible crime victim compensation program if (1) such program is operated by a State and offers compensation to victims and survivors of victims of criminal violence, including drunk driving and domestic violence for: (A) medical expenses attributable to a physical injury resulting from a compensable crime, including expenses for mental health counseling and care; (B) loss of wages attributable to a physical injury resulting from a compensable crime; and (C) funeral expenses attributable to a death resulting from a compensable crime; (2) such program promotes victim cooperation with the reasonable requests of law enforcement authorities; (3) such State, possession or territory certifies that grants received under this program will not be used to supplant funds otherwise available to provide crime victim compensation; (4) such program, as to compensable crimes occurring within the State, possession or territory, makes compensation awards to victims who are nonresidents of the State, possession or territory on the basis of the same criteria used to make awards to victims who are residents of the State, possession or territory; (5) such program provides compensation to victims of Federal crimes occurring within the State on the same basis that such program provides compensation to victims of State crimes; (6) such program does not, except pursuant to rules issued by the program to prevent unjust enrichment of the offender, deny compensation to any victim because of that victim's familial relationship to the offender, or because of the sharing of a residence by the victim and the offender; (7) such program does not provide compensation to any person who has been convicted of an offense under Federal law with respect to any time period during which the person is delinquent in paying a fine, other monetary penalty, or restitution imposed for the offense; and (8) such program provides such other information and assurances related to the purposes of this section as the Director may reasonably require.

Section 1403(c), any amount of crime victim compensation that the applicant receives through a crime victim compensation program under this section shall not be included in the income of the applicant until the total amount of assistance that the applicant receives from all such programs is sufficient to fully compensate the applicant for losses suffered as a result of the crime.

As used in this section; (1) the term "property damage" does not include damage to prosthetic devices, eyeglasses or other corrective lenses, or dental devices; (2) the term "medical expenses" includes, to the extent provided under the eligible crime victim compensation program, expenses for eyeglasses and other corrective lenses, for dental services and devices and prosthetic devices, and for services rendered in accordance with a method of healing recognized by the law of the State; (3) the term "compensable crime" means a crime the victims ofwhichareeligiblefor compensation under the eligible crime victim compensation program, and includes crimes involving terrorism, driving while intoxicated, and domestic violence; and (4) the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, and any other possession or territory of the United States.

Eligibility Requirements

Applicant Eligibility

States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S.

Virgin Islands, Guam, and any other possession or territory of the United States who have an established eligible crime victim compensation program, and who meet the eligibility requirements discussed above.

Beneficiary Eligibility

Victims of crime that results in death or physical or personal injury and are determined eligible under the State victim compensation statute. State compensation statutes either declare that coverage extends generally to any crime resulting in physical or personal injury, or they list all specific crimes that can be covered.

Credentials/Documentation

The Governor designated State agencies are required to submit the following information and assurance along with the application for assistance: (1) a statement certified by the individual designated by the Governor to administer the VOCA crime victims compensation grant. This statement should specify the total amount of money spent by the program from State funding sources for crime victim compensation awards in the Federal fiscal year October 1, 2004-September 30, 2005; (2) the amount of such compensation paid for "property damage"; (3) the total amount and each source of revenue for the program; (4) a copy of the State statute or other legal authority establishing the program and any amendments thereto, and (5) an assurance that funds received under the Act will not be used to supplant State funds otherwise available for crime victim compensation. Costs will be determined in accordance with OMB Circular No. A 87 for State and local governments.

Aplication and Award Process

Preapplication Coordination

The standard application forms as furnished by the Federal agency in accordance with 28-CFR, Part 66 (Common Rule), must be used for this program.

This program is excluded from coverage under E.O.

12372.

Application Procedures

The applicant applies on-line at http://ojp.usdoj.gov under "Grants/Funding" once posted by the Office for Victims of Crime.

Award Procedures

An award is granted by the Director of the Office for Victims of Crime, the Office of Justice Programs. The award must be accepted and signed by the applicant with assurance of compliance with standard and special conditions of the grant award.

Deadlines

Contact the Headquarters Office. Eligible State victim compensation programs will be notified of the date for submission of applications through an OVC listserv message.

Authorization

42 U.S.C. 10602 (a)

Range of Approval/Disapproval Time

From 3 to 4 weeks.

Appeals

Hearing by the Assistant Attorney General, Office of Justice Programs.

Renewals

Awards are for the year of award plus 3 years. Applications will be annually.

Assistance Considerations

Formula and Matching Requirements

The formula will be based on 60 percent of the amounts awarded by the State from State funding sources during the preceding fiscal year, other than amounts awarded for property damage. The State must certify that the Federal funds received under the program will not supplant State funds otherwise available for victim compensation. Fund availability may require a base change. Section 1403(a)(2).

Length and Time Phasing of Assistance

Compensation funds may be carried forward for obligation by the grantee for 3 years subsequent to the fiscal year of award. Funds are released via electronic funds transfer. States must be enrolled in the Automated Clearinghouse (ACH) Vendor Express Program to request any Federal funds.

Post Assistance Requirements

Reports

Both quarterly and final financial status reports are required as stipulated in the effective edition of the OJP Financial Guide.

In addition, an annual program performance report to OVC on the effect that the Federal funds had on the program will be required as stipulated in the Program Guidelines/Rules.

Audits

All organizations that expend $300,000 or more in federal funds per organizational fiscal year must have a single audit for that year in accordance with OMB Circular No. A-133, as amended. The audit report and transmittal letter must be submitted within 9 months from the end of the state fiscal year.

Records

The annual program reporting requirement and accounts concerning the expenditures of the award shall be maintained during the award and retained for three years thereafter.

Financial Information

Account Identification

15-5041-0-2-754.

Obigations

FY 07 $165,716,000; FY 08 $268,064,000; and FY 09 est not available.

Range and Average of Financial Assistance

Each State receives 60 percent of its prior year payout of State compensation funds.

Regulations, Guidelines, and Literature

Program Guidelines/Rules are published in the Federal Register. The OJP Financial Guide is available at http://www.usdoj.gov/oc, or call the Office of the Comptroller, Customer Service Center at (1-800) 458-0786 to request a copy.

Information Contacts

Regional or Local Office

None.

Headquarters Office

Toni L. Thomas, Director, State Compensation and Assistance Division, Office for Victims of Crime, Department of Justice, Washington, DC 20531. Telephone: (202) 616-3579. Use the same number for FTS.

Criteria for Selecting Proposals

Criteria are established by the Victims of Crime Act of 1984, as amended, and Program Guidelines/Rules published in the Federal Register.



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