Executive summary. Local victim assistance program

EXECUTIVE SUMMARY

Local Victim Assistance Programs
May 2003

Russell W. Hinton, State Auditor

Performance Audit Operations Division Department of Audits and Accounts

254 Washington St, SW Atlanta, GA 30334

Background:
Local victim assistance programs (LVAPs) provide information, assistance, and support to victims of crime throughout the criminal justice process in order to improve their understanding of, and participation in, the process. LVAPs include governmental programs, such as those in district attorneys' and solicitors' offices, and non-profit organizations, such as battered women's shelters1. Prior to 1995, LVAPs were primarily supported through the federal Victims of Crime Act (VOCA) and Violence Against Women Act (VAWA) grants. Additional funding for LVAPs became available in 1995, with the passage of the LVAP statute by the General Assembly. The statute provided for a penalty of 5% to be added to all fines imposed by superior, state, and municipal courts in all criminal cases. Courts remit the funds to the designated LVAP(s) on a monthly basis. It should be noted that a 1997 amendment to the statute made the 5% fee applicable to all criminal fines in all Georgia courts.
In order for an LVAP to be eligible to receive funds collected from the 5% fee, state statute requires that the program be approved by the Criminal Justice Coordinating Council (CJCC). According to CJCC's rules, to receive approval an LVAP must offer at least 10 of 31 predefined victim services and receive in-kind or financial support from the county. In addition, the rules require that when there is more than one eligible program in a county, it is the county commission's responsibility to designate the percentage of funds, if any, each program will receive. If there is only one eligible program, state statute requires the courts to remit the funds directly to the program. If there are no eligible programs in a county, state statute directs the courts to remit the fees to the district attorney's office to fund victim assistance in the Judicial Circuit. Courts are required to provide monthly reports to CJCC detailing collections and disbursements of the 5% fee and CJCC has developed a database for tracking this information. As of the end of fiscal year 2002, CJCC had approved 172 local victim assistance programs in the state.

1LVAPs also serve to help ensure that victims are aware of their rights as defined in the Georgia Crime Victims' Bill of Rights. Additional information and recommendations related to LVAPs and the Crime Victims' Bill of Rights can be found
in the November 2002 audit of Crime Victim Services Part I: Notification Services and Crime Victim Services Part II: Compensation and Assistance Services.

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Recommendations
Consideration should be given to requiring the distribution of fees be monitored so that the General Assembly can have assurances that LVAP fees are distributed as appropriate. Based on our review of current practices, it appears that eligible programs may not be receiving funds as required by the LVAP statute and that funds are distributed in ways that appear to be contrary to the requirements of the law. For example, two counties reported that courts remit fees directly to the county and the county is holding the funds. In another county, staff reported that the funds are considered county revenue.
The General Assembly may want to consider revising the statutory language to ensure its intent regarding who should receive the funds is clear. The statute does not address the distribution of fees in counties with multiple eligible programs nor does it address the distribution of fees if the district attorney's office operates an eligible program. A survey of 37 counties with multiple programs revealed different practices regarding the distribution of fees. For example, one county reported that the solicitor's program was receiving fees collected from misdemeanor cases only; in two other counties, 100% of the funds were distributed to the DA's office because county officials believed these programs to be the only ones mandated by law to receive funds. Expanding CJCC's authority to include oversight of the programs may be another way to ensure the General Assembly's intent is achieved.
Consideration should be given to expanding CJCC's authority over local victim assistance programs to include administrative oversight of the activities of the programs. Currently, the LVAP statute limits CJCC's role to promulgating rules regarding the approval of LVAPs. Due to the lack of oversight of general operations, there is no assurance that programs are continuing to remain in compliance with approval guidelines, that LVAPs are spending funds for services to victims as required by law, and that funds are being distributed appropriately.
Consideration should be given to requiring courts to remit funds collected from the 5% fee directly to the county commission, and requiring the county to distribute the funds to the approved programs to streamline distribution of the LVAP fee. The current system of requiring courts to send funds directly to the eligible programs has limited effectiveness in ensuring funds are being distributed to the appropriate programs. Requiring courts to remit the 5% fee collections to the county would relieve the courts of the burden of keeping track of programs and how much to disburse to each and would provide additional assurance that programs the county designates as recipients are receiving the funds.
Overall, it appears that local victim assistance programs are providing the victim-related services stated in their application for certification. Based on surveys received from 100 LVAPs, it appears that programs are providing services as stated in the application for approval.
CJCC needs to develop a system for data collection and ongoing monitoring of LVAPs to ensure that programs are continuing to provide victim services and to evaluate their effectiveness in providing these services to victims. Currently, CJCC does not monitor the activities of the LVAPs. While the rules state that LVAPs must be able to provide data or other information in order to maintain approval, CJCC has not required programs to submit any reports. As a result, there is no way to determine how the LVAP fee has impacted victim services in the state. As noted above, statutory changes may be necessary to fully implement these changes. In its response to the report, CJCC stated its belief that specific statutory authority is necessary to allow it to implement these changes.

For additional information or to request a copy of the audit, contact Paul Bernard at 404-657-5220.

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