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Making Good Use of the
Crime Victims Fund
Changing VOCA to Help
More Victims and
Their Families Recover from the Costs of Crime
Victims
and their families may suffer crushing financial losses in the aftermath
of violent crime. Huge hospital bills, substantial lost wages due to serious
injuries or death, and unanticipated funeral bills can be a terrible burden.
Some victims may need only small amounts - like a child who needs a few
months of trauma counseling - but these costs are just as important, and
must be paid quickly to speed a full and effective recovery.
Our goal should
be simple: to place more federal funds in the hands of victims who need
financial help in the recovery process. Augmenting grant funds
for compensating victims would provide important new resources to reimburse
victims for greater amounts of their losses, and ensure that this help
comes as quickly as possible. With an unprecedented amount of money flowing
into the Crime Victims Fund this year - close to $1 billion - the
time has come to set aside a small portion of this additional revenue
to help greater numbers of individual victims and their families recover
more fully from the costs of crime. And this can be accomplished
with an almost negligible effect on funding for other types of VOCA-funded
victim services.
Two modest changes
to the Victims of Crime Act (VOCA) would go a long way toward accomplishing
the goal of getting more federal funds in the hands of victims who need
financial help. Redirecting as little as $35 million of this $1 billion
(less than 4%) could mean that victims in many states would see substantial
new benefits and a greater percentage of their losses being paid. If other
funds could be made available for administrative expenses, victims in
some states would no longer have to wait months, or even years, to be
paid - the delays they face in making themselves whole again could be
shortened substantially. Applications to pay for medical expenses, counseling,
and funerals, as well as to cover living costs for injured or murdered
victims and their families, could be processed more promptly. And more
victims that don't hear about compensation opportunities could learn how
they could access these important benefits.
Victim compensation
programs are expanding. Last year, compensation payments to crime
victims reached a record high of $265.3 million, up nearly 7%
from the previous year. (In fact, payments in all states except California
(the nation's largest program) were up 13%.) Claims received from
victims grew by 9%. Last year, 35 states increased the total amount each
state paid to victims from the year before.
These growing programs
need more federal resources if they are going to continue to help victims
recover fully and expeditiously. While some states have sufficient resources
of their own, many more states do not have funds to meet the growing demands
being placed upon them.
Maximums remain low
in many states. Twenty states have caps of $15,000 or less; 12 of those
pay only $10,000. Only 13 states can pay more than $25,000. For some victims,
these maximums are far too low to meet all their needs. And states are
reluctant to increase benefits and expand eligibility without assurances
that funds are sufficient to pay all eligible victims. It's high
time to make some small adjustments to VOCA to ensure that crime victims
and their families share fully in the revenues available. At a
time when an enormous amount of money is flowing into the Fund, there
is no excuse to ignore individual victims and their families' financial
needs. Two small suggestions to accomplish this goal follow.
1. Expand Benefits
for Victims and Their Families by Increasing Compensation Funds Victims
and their families in a number of states are not receiving the level or
type of benefits that they need. Some compensation programs are unable
to raise maximums and offer new types of benefits because of a lack of
funds. In some states, certain types of victims may not even qualify for
benefits because of restrictions limiting eligibility. Children witnessing
domestic violence for example, may not be able to get counseling costs
covered. Victims need higher maximums and new kinds of benefits from compensation
programs, and many programs could use more federal money to provide higher
levels of payment.
"New Directions
From The Field," published by OVC last year to reflect the
thinking of a broad spectrum of victims and advocates, makes a number
of specific recommendations for compensation programs to expand benefits
and increase the number of victims receiving help. All of these recommended
changes will cost significant amounts of money - money that many states
don't have now.
Specifically, New
Directions says states should do the following:
- Increase maximums
to cover the huge losses suffered in catastrophic-injury cases;
- Increase mental
health counseling benefits;
- Add benefits to
cover transportation for victims and family members to attend criminal
proceedings across state lines;
- Take action to
increase outreach and loosen eligibility requirements, both of which
would result in a substantial number of new applications from victims
and family members.
Many states could
use more federal funds to implement these recommendations - and many states
will fail to implement them without more federal money.
Increasing the percentage
upon which federal compensation grants to states are calculated, from
the current 40% to 50% or even 60% of a state's payout, would take only
a small portion of the VOCA Fund, and would enable many individual victims
and their families to pay for more of their losses. Increasing the percentage
to 50% will cost the VOCA Crime Victims Fund less than $18 million
total for all states. Increasing it to 60% will require only $35
million in new VOCA funds. Currently, all of the states' compensation
programs combined get less than $70 million in federal VOCA funds,
and this is less than 10% of the expected $900 million available in VOCA
assistance funding next year.
The federal government
under present law provides a relatively small share of the funding for
compensating victims and their families. VOCA grants for compensation
provide each state only about 27% of its budget for awards to victims.
And since states shoulder nearly all of their administrative burden, the
federal portion of a compensation program's overall budget is usually
closer to 20%.
(Currently, states
are given a federal grant each year equivalent to 40% of the state's payout
of its own dollars in awards to victims. In other words, if a state spends
$1 million of its own money, it will get $400,000 in federal funds to
spend additionally. So, of $1.4 million spent annually by a state, $1
million, or 73%, will be state money, and $400,000, or 27%, will be federal
money. In this example, raising the grant percentage to 60% will increase
the federal grant to the state to $600,000, meaning the state could spend
$1.6 million annually, of which the federal share would still be only
a third. The state would still be putting up two-thirds of the money for
payments, plus administrative expenses.)
With
more federal money, victims in some states could be able to get a greater
level of benefits through increased program maximums. With only 12 states
offering more than $25,000 in benefits, and 12 states with maximums of
$10,000 or less, some victims are unable to have their losses from crime
fully compensated. Though the average award nationally is only $2,000
per application, a disturbing number of victims suffering catastrophic
injuries and total and permanent disability are not being fully paid for
all their costs and future earnings losses. Only a handful of states are
able to offer higher catastrophic benefits now; Texas, for example, can
offer $50,000 in addition to its normal $50,000 maximum. For victims facing
mammoth hospital bills or a lifetime of disability, these higher maximums
would make a huge difference.
In other states, victims
could get new benefits not currently offered. Crime-scene cleanup is paid
for only in about half the states. Children witnessing domestic violence
may not be covered in many states. Travel and lost wages for victims and
family members to attend criminal proceedings are rarely paid. Relocation
expenses and lost support for domestic violence victims are not generally
offered. While all states pay for mental health counseling, these benefits
are sometimes limited to close family members, and a number of states
limit payments for counseling to about a year of therapy.
While there are some
states that have substantial reserves, there are just as many or more
states whose fiscal situation needs to be improved. And while nearly every
state has sufficient money to pay current claims, expansion depends on
more resources. It makes little sense to argue that since some states
have reserves, no states should receive additional VOCA funds. It seems
much more sensible to make changes to meet the needs of the less well-off
states, than it does to refuse to do so because a few states have ample
money.
2. Speed Payments
and Increase Applications by Increasing the Administrative Allowance Victims
in some states must wait too long for payments to be made by compensation
programs. Nearly every state needs more staff to process large caseloads.
State budgets are often too tight to allow for hiring new staff. And the
current federal grant allowance of 5% for administrative costs is simply
too low in many states to support new staff.
Half the states get
federal VOCA compensation grants of $500,000 or less. Five percent of
$500,000 is only $25,000, which will not pay for even one additional staff
person. Eleven states get less than $250,000, which means their administrative
allowance is less than $12,500. And yet it is often the smaller states,
with a handful or less of employees, who struggle to keep up with caseloads.
Large states face proportionately larger challenges, and the federal grant
percentage just doesn't allow enough funds to hire the additional staff
necessary to keep the work flowing quickly.
Other states do not
have administrative funds to obtain or upgrade automated systems that
have proven crucial in processing claims promptly. Imagine an insurance
company with little or no software or hardware to process claims-this
is the situation in too many state compensation programs. More administrative
funds would allow states to make necessary purchases to modernize their
operations and serve victims better.
Some states could
use more administrative funds to launch greater outreach and training
efforts. These have proven effective in many states in increasing the
number of victims getting help. But many states are hampered by a lack
of funding and staff to embark on these projects.
While overall, the
number of victims applying for compensation has increased in the past
year, some states have experienced a leveling-off in applications. (This
leveling off followed several years of dramatic increases, during which
many states saw a doubling or tripling of their caseload.) Violent crime
has decreased significantly in many states, but it has been demonstrated
again and again that programs with substantial funds that can do extensive
outreach and training, as well as offer expanded benefits, will see an
increase in claims. More federal funds will give states the resources
they need to expand not only their benefit levels and improve their processing
times, but also their efforts to bring more victims into their programs.
States should continue
to have the choice to use all of their federal grant funds in awards to
victims, and many states will not use any VOCA funds for administrative
costs. But for those states that lack sufficient administrative resources
to hire enough staff, automate their operations, and engage in outreach
efforts, an additional federal administrative allowance will make a huge
difference in serving victims and their families.
Summary
Victims and their families need more resources from VOCA's Crime
Victims Fund. With $1 billion available, victims should be able
to share directly in the increased revenues available. By providing more
funds to support payment of medical bills, counseling, lost wages, support,
and funerals, as well as a host of other expenses for domestic violence
victims and others, we can make good use of VOCA money to help victims
recover. We can also ensure that more victims learn about the financial
assistance available to them, and that when they apply, they will be able
to receive benefits more promptly.
Changing VOCA's distribution
formula to to provide more funds for compensating victims, and allowing
more grant money to be used for administrative costs, will have a nearly
negligible effect on overall amounts available for other VOCA programs
and initiatives. We need to make individual victims and their families
a priority in allocating VOCA funds.
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