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Nye Frank

Crime Compensation Program Directory Overview - 0 views

  • Most programs process claims through a staff centralized in one office in the state capital, but a few states have branch or regional offices or make use of locally based individuals in other agencies to perform preliminary work on applications, such as gathering documents. Typically, states request and analyze police reports to confirm that a crime took place and to determine whether the victim was involved in any illegal or contributory activity when victimized. Information from service providers like hospitals, doctors, counselors, and funeral homes, as well as employers if work loss is claimed, forms the basis for benefit determinations. Decision-making authority varies from state to state, with about a third of the states using part-time boards or commissions to determine eligibility and awards, and the rest authorizing full-time administrative staff (usually program directors) to make determinations. In three court-based programs, judges or court officials decide claims.
  • All of the programs are authorized to deny or reduce benefits to people who are injured while committing crimes or engaging in substantial misconduct contributing to their victimization. Programs rely primarily on police reports to make these determinations, and expend considerable effort to make careful and appropriate decisions on these issues. Five state compensation laws also authorize denial based on prior criminal activity unrelated to the current victimization. The eligibility of a victim's dependents or other secondary victims generally hinges on the eligibility of the "direct" victim (the one who suffered the injury or death). For example, if a homicide victim was engaged in criminal activity, the family generally would be ineligible for any benefits. Each state operates under its own law, rules, policies and procedures, and while all of the programs share broadly similar eligibility requirements, it's important for those accessing any program to check with the individual state to learn exactly how it operates.
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    While for most programs fund recovery is a minor source of total income , a few programs are beginning to recover close to 10% of their awards. VOCA . Federal funds provide about 20-25% of the state compensation programs' total budgets, through grants authorized by the Victims of Crime Act of 1984 (VOCA). Under VOCA, for every $100 a state awards to victims, it gets $40 in federal funds to spend; this results in a 72%-to-28% split in state-federal dollars spent each year (of every $140 awarded to victims, $100 is state money and $40 is federal funds). States also must bear all or nearly all of the administrative costs for operating their programs (only 5% of each state's VOCA grant is available for administrative purposes). While the large majority of funds spent in operating the programs and paying victims comes from state budgets, VOCA grants have enabled many states to expand coverage, and they make a significant difference in ensuring that there is enough money available to cover all eligible victims that may apply. VOCA will provide about $70 million to state compensation programs in federal fiscal year 1999. To be eligible for a federal grant, certain conditions must be met. Programs must cover medical expenses, mental health counseling, and lost wages for victims, as well as funeral expenses and lost support for families of homicide victims. They must consider drunk driving and domestic violence as compensable crimes, and must not categorically exclude domestic violence victims on the basis of their being related to or living with the offender. (Programs may deny claims when an award to the victim would unjustly enrich the offender.) Program must agree to consider for eligibility all U.S. citizens who are victims of crimes within their states, regardless of the residency of the victim . Each state also must offer benefits to its own residents who are victimized in states without compensa
Nye Frank

SA Counselor Training - 0 views

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    In traditional justice systems, victimsof aggression have usually found support and assistance from their family, village or tribe. The informal social network softens the impact of victimization and assists the victim in recovery. This same network often assists in the resolution of the conflict and in ensuring that any decisions made are actually implemented. Within this context, it is taken for granted that the victim (and his or her kin), the victimizer (and his or her kin) and the entire social group will share the burden of dealing with the conflict.
Nye Frank

NPR and PBS Radio Archives/Frontline Videos - 0 views

  • hapter 11: Political Crime Frontline Online Video: The Enemy Within http://www.pbs.org/wgbh/pages/frontline/enemywithin/view/ Frontline Online Video: Al Qaeda's New Front http://www.pbs.org/wgbh/pages/frontline/shows/front/view/ Habeas Schmabeas Podcast 3/10/06 Episode 310 (59:58) http://www.thislife.org The New Role of Neighborhood Watch http://www.npr.org/templates/story/story.php?storyId=3844320 (41:32) These programs examine the key elements of terrorism and America's response to its threat. Questions: How do these programs about terrorism fit with the material presented in this chapter? Explain the changes in policy discussed in these programs. Do they seem to be effective? Note: Other Frontline shows of related interest that can be ordered include Frontline: Campaign Against Terror http://www.pbs.org/wgbh/pages/frontline/shows/campaign/ Frontline: Inside the Terror Network http://www.pbs.org/wgbh/pages/frontline/shows/network/ Frontline: Trail of a Terrorist http://www.pbs.org/wgbh/pages/frontline/shows/trail/
Nye Frank

Victim Rights Manual - 0 views

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    A defendant may be released on bail for all offenses except capital crimes. Public safety is the primary consideration in setting the bail amount. The court must conduct a hearing before deviating from the scheduled bail for a violent felony or for threatening a witness in a rape, domestic violence or criminal threat case. The court must state its reasons for deviating from the bail schedule. (Cal.Const Art. 1 Sect. 28, PC 1270.1, and PC 1275.)In violent felony cases, the district attorneys office, Division of Victim Services and the probation department are responsible for notifying victims and witnesses that they can request notification regarding the defendant's release. The Division of Victim Services will provide the forms to those victims and witnesses. (PC 679.03(a).)Inmates convicted of murder, voluntary manslaughter, life cases, stalking or a case where the defendant inflicted great bodily injury, cannot be released on parole within 35 miles of a victim or witness. However, the victim or witness must file the appropriate form with CDCR, and CDCR must find there is a need to protect the safety and well being of the victim or witness. (PC 3003.)Upon request, when a defendant is sent to state prison, the victim or next of kin will be notified of the defendant's release to work furlough or a reentry program at least 60 days prior to placement. If the inmate escapes, the victim must be given immediate notification. The victim should keep his or her request and current address on file using a form that can be obtained through the Division of Victim Services. (PC 679.02(a)(6), PC 11155.)The Right to be Protected13 -------------------------------------------------------------------------------- Page 17 An employer with more than 25 employees may not discriminate against an employee who has been a victim of a sex crime or domestic violence when that employee seeks medical attention or counseling. (LC 230.1.)Employers must allow crime victims or family members t
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