Final Report of the Subcommittee on Domestic Trafficking

Department <strong>of</strong> JusticeOffice for Victims <strong>of</strong> CrimeVictims <strong>of</strong> Crime Act (VOCA) Victim Assistance and Victim CompensationService: Victims <strong>of</strong> Crime Act (VOCA) Victim Assistance and Victim CompensationOVC administers two formula grant programs that provide funding to <strong>the</strong> states tosupport: (1) State Victim Assistance Programs, which support direct victim serviceproviders within <strong>the</strong> state; and (2) State Victim Compensation Programs, whichreimburse victims <strong>of</strong> violent crimes for out-<strong>of</strong>-pocket expenses that result from <strong>the</strong> crime.For both programs, <strong>the</strong> States <strong>the</strong>mselves set individual coverage limits and requirements,subject to broad general statutory guidance provided by OVC.Victim assistance formula grants from OVC support <strong>the</strong> provision <strong>of</strong> services thatrespond to <strong>the</strong> physical and emotional needs <strong>of</strong> victims; help primary and secondaryvictims stabilize <strong>the</strong>ir lives after a victimization; help victims understand and participatein <strong>the</strong> criminal justice system; and provide victims with a measure <strong>of</strong> safety security (e.g.covering <strong>the</strong> cost <strong>of</strong> broken windows and repairing or replacing locks. The Statestypically award funding to victim assistance programs to provide specialized services tocrime victims at <strong>the</strong> community level. Some victim assistance providers serve all crimevictims; o<strong>the</strong>rs may limit services to a specific type <strong>of</strong> victimization, such as child abuse,domestic violence, sexual assault or drunk driving.Victim compensation formula grants from OVC supplement State efforts to providefinancial assistance and reimbursement to victims for costs associated with a crime, andto encourage victim cooperation and participation in <strong>the</strong> criminal justice process. Statevictim compensation programs reimburse victims, in whole or in part, for State qualifiedcrime-related expenses when no o<strong>the</strong>r resources, such as private insurance, cover <strong>the</strong>irlosses and <strong>the</strong> crime involved has been pre-determined by <strong>the</strong> state to be a compensablecrime. Payment may be made directly to <strong>the</strong> victim or a servicing vendor.OVC has issued guidelines for <strong>the</strong> administration <strong>of</strong> State Victim CompensationPrograms that require programs to cover medical expenses, mental health counseling, andlost wages for victims, as well as funeral expenses and lost support for families <strong>of</strong>homicide victims. O<strong>the</strong>r expenses may be covered and vary by State. Each State setsindividual limitations for every category <strong>of</strong> expense. Programs must providecompensation to victims <strong>of</strong> crime occurring in that State, regardless <strong>of</strong> <strong>the</strong> resident status<strong>of</strong> <strong>the</strong> victim in that State. Additionally, programs must cover crimes falling underFederal jurisdiction within <strong>the</strong> States, such as crimes occurring on Indian reservations,National Park lands, or military bases but <strong>the</strong> States have <strong>the</strong> ultimate decision-makingauthority in determining whe<strong>the</strong>r or not an individual meets <strong>the</strong> state criteria for crimevictim compensation. Typically, States request and analyze police reports to confirm thata crime took place and to determine whe<strong>the</strong>r <strong>the</strong> victim was involved in any illegal orcontributory activity when victimized.52