Crime Victim Compensation (16.576)

Program

16.576 Crime Victim Compensation

Federal Agency

Agency: Department of Justice
Office: Office Of Victims Of Crime

Authorization

42 U.S.C. 10602 (a).

Program Number

16.576

Last Known Status

Active

Objectives

The Office for Victims of Crime (OVC), 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, and the Commonwealth of 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.

Types of Assistance

FORMULA GRANTS

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 of which are eligible for compensation under the eligible crime victim compensation program, and includes crimes involving driving while intoxicated and domestic violence; and (4) the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, 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 a given Federal fiscal year ; (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. OMB Circular No. A-87 applies to this program.

Application and Award Process

Preapplication Coordination

Preapplication coordination is required. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.

Application Procedure

OMB Circular No. A-102 applies to this program. This program is excluded from coverage under OMB Circular No. A-110. The applicant applies on-line at http://ojp.usdoj.gov under "Grants/Funding" once posted by the Office for Victims of Crime.

Award Procedure

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 or regional office, as appropriate, for application deadlines.

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

Statutory Formula:

Matching requirements are not applicable to this program.

MOE requirements are not applicable to this program.

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. See the following for information on how assistance is awarded/released: Please contact program office for more detail.

Post Assistance Requirements

Reports

Program reports are not applicable. Cash reports are not applicable. 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. See above. Peformance measures, as specified in the solicitation, are required.

Audits

In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. All organizations that expend $500,000 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.

Program Accomplishments

Fiscal Year 2008: In FY 08, an estimated 151,643 crime victims received compensation support totaling $460,654,964 through this program (Source: FY 2008 VOCA Victim Compensation Nationwide Performance Report Summary). Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Financial Information

Account Identification

15-5041-0-2-754.

Obligations

(Formula Grants) FY 08 $171,349,000; FY 09 est $181,963,000; FY 10 est $302,972,000

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.ojp.usdoj.gov/financialguide/, or by calling the Office of the Chief Financial Officer, Customer Service Center at (1-800) 458-0786 to request a copy.

Related Programs

16.575 Crime Victim Assistance

Information Contacts

Regional or Local Office

None.

Headquarters Office

Toni L. Thomas Associate Director, Domestic and International Victim Assistance Services, Office for Victims of Crime, Office of Justice Programs, Department of Justice, 810 Seventh Street, NW., Washington, District of Columbia 20531 Phone: (202) 307-5983

Web Site Address

http://www.ojp.usdoj.gov/ovc/.

Examples of Funded Projects

Fiscal Year 2008: Program funds State formula grants to be used for crime victim compensation only. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

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.