Victims of Crime Act (VOCA) Victim Assistance Funding

1 Victims of Crime Act (VOCA). Victim Assistance Funding GROWING CIVIL LEGAL AID'S CAPACITY TO SERVE Victims OF Crime . SEPTEMBER 18, 2015. Civil Legal Aid Initiative Supported by the Public Welfare and Kresge Foundations Civil Legal Aid as a Partner in Federal Programs Builds upon the work of the Legal Aid Interagency Roundtable and Department of Justice Office of Access to Justice Improving Capacity: Providing information about federal grant programs Dedicated listservs Technical Assistance , training and support Regional trainings, webinars, resource hub Increasing Availability and Developing Partnerships Advocating with government agencies to increase availability and eliminate barriers Assisting legal aid programs develop partnerships with key community stakeholders Advocating with Congress to expand opportunities for civil legal aid Today's Speakers National experts and innovators in legal aid Helam Gebremariam Reenie Terjak Counsel, Department of Justice Attorney & Advocacy Director Office for Access to Justice Colorado Legal Services Kathrina Peterson Laura Tuggle Attorney Advisor Detailee.

2 Department Executive Director of Justice Office for Victims of Crime Southeast Louisiana Legal Services Meg Garvin Kelli Evans Executive Director & Clinical Professor of Law Senior Director Administration of Justice National Crime Victim Law Institute Office of Legal Services, The State Bar of California Helam Gebremariam Counsel, Department of Justice Office for Access to Justice Legal Aid Interagency Roundtable (LAIR). Additional Resources Kathrina Peterson Attorney Advisor Detailee Department of Justice Office for Victims of Crime Office for Victims of Crime (OVC). Fiscal Year 2015 Appropriation Crime Victims Fund: 2014: $745,000,000 (million). 2015: $2,361,000,000 (billion!). 2016: ?? Victims of Crime Act (VOCA). By statute, CVF money is used to support: Victim services provided by federal agencies;. Federal Victim Notification System (VNS).

3 VOCA Victim Assistance and Compensation programs;. Grants and emergency funds to provide services to Victims of international and local acts of terrorism, or mass acts of violence within the United States;. A compensation fund to reimburse Victims of international terrorism; and Discretionary projects, including trainings and demonstration projects. Victims of Crime Act of 1984 (VOCA), 42 10601, et seq. (as amended). Timing: State Administrators have three years plus the year of the award to disburse funds; and Sub-recipients have three years plus the year of the award to spend VOCA funds. See VOCA, 42 10601(e). Priority and Underserved Populations VOCA Victim Assistance Administrators must: Certify that priority shall be given to eligible Crime Victim Assistance programs providing Assistance to Victims of sexual assault, spousal abuse, or child abuse, and 42 10603(a)(2)(A).

4 Certify that funds shall be made available for grants to programs which serve previously underserved populations of Victims of Crime . The Director shall issue guidelines to implement this section that provide flexibility to the States in determining the populations of Victims of violent crimes that may be underserved in their respective states.. 42 10603(a)(2)(B). Percentages: A minimum of ten percent of each Federal Fiscal Year grant must be allocated to each priority area - child abuse, domestic violence, and sexual assault. (Total of 30%). A minimum of ten percent of each FFY grant must be allocated to underserved populations, as defined by the VOCA State Administrator. (Additional 10%). VOCA Victim Assistance Grant Program Guidelines, Sections and The Good and the Bad Vision 21 Final Report: Entire chapter dedicated to the need for enhanced legal services for Crime Victims .

5 Vision 21 Final Report, Chapter 2, Meeting the Holistic Legal Needs of Crime Victims , . pp. 9-15; Entire chapter dedicated to serving Crime Victims in the digital age. Vision 21 Final Report, Chapter 4, Serving Crime Victims in the Digital Age, pp. 25-31. Entire chapter dedicated to building capacity to serve all Victims . Vision 21 Final Report, Chapter 5, Building Capacity to Serve All Victims , pp. 33- 37. Do NOT have to participate in criminal justice process in order to receive legal Assistance services supported by VOCA Assistance Funding . Current VOCA Victim Assistance Guidelines Current VOCA Victim Assistance Guidelines Legal Assistance Victim Assistance programs can provide emergency legal Assistance such as filing restraining orders and obtaining emergency custody/visitation rights when such actions are directly connected to family violence cases and are taken to ensure the health and safety of the Victim .

6 See Final VOCA Victim Assistance Program Guidelines, Section VOCA Victim Assistance Guidelines: Legal Assistance OVC's Interpretation Other allowable legal Assistance expenses under the current Guidelines include, but are not limited to: (criminal context). advocacy on behalf of Crime Victims during criminal proceedings;. Assistance in recovering and restitution on behalf of Crime Victims ;. asserting Crime Victims ' rights in criminal proceedings directly related to the victimization;. advocacy to protect Victims ' safety, privacy, or other interests as a Victim in criminal proceedings. Additionally, in the civil proceeding context, legal Assistance expenses may include legal services that are reasonably needed as a direct result of the victimization, but do not include tort actions, divorce, or criminal defense. VOCA Victim Assistance Guidelines: OVC Interpretation In 2010, after discussion with VOCA Assistance Administrators and stakeholders, OVC reviewed the current program Guidelines and determined that VOCA Victim Assistance formula funds can support legal clinics, as long as the clinics have a Victim focus and the services offered relate to the victimization (and do not include civil restitution efforts or divorces).

7 See June 7, 2010 listserv message to VOCA Administrators, VOCA Victim Assistance Formula Funding for Legal Clinics.. Other Efforts to Support Legal Assistance 2012 used VOCA discretionary money to fund five Legal Assistance Networks for Crime Victims Also funded NIJ evaluation of 2012 Networks 2014 used Vision 21 money to fund four VOCA Victim Assistance Administrators to establish Legal Assistance Networks for Crime Victims 2014 funded National Crime Victims Law Institute (NCVLI) to provide training and technical Assistance In August 2015, emphasized to VOCA Victim Assistance Administrators that providing legal services is a priority for OVC. Anticipated changes to the draft New Rule VOCA Victim Assistance Guidelines: Draft New Rule Sub-Recipient Allowable, Direct Service Costs: Emergency legal Assistance such as filing restraining orders or protective orders, and obtaining emergency custody orders and visitation rights.

8 See DRAFT NEW RULE, , Section (a)(1)(x). Legal Assistance . Costs for legal Assistance where services are allowable where reasonable and where the need for such services arises as a direct result of the victimization. See DRAFT NEW RULE, Section (6). Legal services (including but not limited to, those provided by pro bono clinics) that help Victims assert their rights as Victims or protect their safety, privacy, or other interests in a criminal proceeding directly related to the victimization. See DRAFT NEW RULE, Section (6)(i). Civil legal services for Victims where the need for such services arises as a direct result of the victimization are allowable. See DRAFT NEW RULE, Section (6)(ii). Examples (list not exhaustive): campus administrative proceedings; family, custody, contract, housing, and dependency matters for Victims of intimate partner violence; and immigration Assistance for Victims of human trafficking and domestic violence.

9 See DRAFT NEW RULE, Section (6)(i). Restrictions - See DRAFT NEW RULE, Sections (6)(iv)&(v). VOCA Victim Assistance Guidelines: Elder Abuse Extremely important issue for DOJ, OVC, and the White House. Misperception that Guidelines do not currently allow for VOCA funds to support services to elderly Victims Current Guidelines: Defined in the previously underserved section of Guidelines, VOCA funds can go to Adult Protective Services (APS) to support services provided to Victims of elder abuse, Emergency, short-term nursing care expenses are allowable, Support APS contractors who provide direct services to Victims of elder abuse, VOCA Victim Assistance Guidelines: Technology Victim Assistance funds can be used to purchase equipment, which OVC. interprets to include technology. See Final VOCA Victim Assistance Program Guidelines, Section Computers or improved technology may increase a subrecipient's ability to reach and serve Crime Victims and may be allowable expenses.

10 See Final VOCA Victim Assistance Program Guidelines, Section VOCA Victim Assistance Funding : Match OVC expects VOCA Administrators to work closely with your sub-recipients and coalitions to address the match issue and decide whether to submit a request that OVC waive the match requirement in whole or in part.. Director Frost, Listserv message to VOCA Victim Assistance Administrators, July 24, 2015. Meg Garvin Executive Director & Clinical Professor of Law National Crime Victim Law Institute Who is NCVLI? The National Crime Victim Law Institute (NCVLI) is a nonprofit educational & advocacy organization based at Lewis & Clark Law School in Portland, Oregon that works to actively promote balance and fairness in the justice system through Crime Victim centered legal advocacy, education, and resource-sharing. NCVLI has been pairing Victims with trained lawyers and providing technical Assistance to those lawyers since 2002.