Victim Assistance Program

• Author: Jeffrey Lehman, Shirelle Phelps

Page 218

Government program that provides information and aid to persons who have suffered direct physical, emotional, or pecuniary harm as a result of the commission of a crime.

All 50 states have government-funded entities that provide services to VICTIMS OF CRIME. In addition, the JUSTICE DEPARTMENT's Office for Victims of Crime (OVC), which was established in 1984 under the VICTIMS OF CRIME ACT, oversees many federal programs that benefit crime victims. These programs provide information to victims about their rights as well as emotional and financial support.

Victim assistance programs appeared for the first time in the early 1970s as part of the VICTIMS' RIGHTS movement. Victims complained that police and prosecutors did not keep them

Page 219

informed about ongoing investigations and prosecutions. Most importantly, victims' rights advocates argued for the establishment of victim compensation funds. States began to enact victims' compensation statutes and, by 2003, all 50 states had such funds in place.

These laws authorized the creation of programs that pay victims compensation for certain losses associate with a criminal act. Compensation is generally provided for lost earnings, medical expenses, mental health counseling, and funeral expenses. However, these programs do not fully compensate victims because losses are capped at fixed amounts. In addition, victims must satisfy threshold requirements: (1) they must report the crime to law enforcement within a specific period of time (usually 30 days); (2) the crime must have occurred within the state that the claim is made; (3) a claim must be filed with the compensation program within a specific amount of time; (4) the victim must cooperate fully with the investigation and prosecution of the crime; and, (5) the victim cannot have been committing a crime or have been involved in any misconduct connected to the incident. Some states limit compensation benefits only to victims who have low incomes, while other compensation programs may only pay benefits to victims who are physically injured or to the families of victims who are killed.

Though some compensation funds are paid for with taxpayer money, most state programs are funded by fees and charges paid for by offenders. For example, some states require an offender to pay a set penalty fee, such as $50 for each felony charge. This creates a compensation pool, which encourages victims to...