Georgia crime victims compensation program, fiscal year 1996 annual report

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Office of the Governor Criminal Justice Coordinating Council
State Crime Victim Compensation Program
1996 Annual Report
ZeIl Miller Governor
Martha Gilland Director
July 1, 1995 - June 30 1996

CRIl\1INAL JUSTICE COORDINATING COUNCIL
Crime Victim Compensation Program
TABLE OF CONTENTS



D rrector' s M e s s a g e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1'1'



Membership List

iii

Biographical Information of Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv

I. Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1

II. History. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1

III. Substantive and Procedural Aspects

.................." 2

IV. Developments.......................................... 3

V. Review of the Crime Victim Compensation Program's Significant Achievements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6

VI. Tables and Graphs

96-01: Awards by Type of Criminal Offense

7

96-02: Age of Recipients . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8

96-03: Amount Awarded by Year Since 1990

9

96-04: Awards by Residential Status . . . . . . . . . . . . . . . . . . . . . . . . . .. 10

96-05: Claims Received by Year Since 1990 . . . . . . . . . . . . . . . . . . . . .. 11

i

ZeU Miller Governor

OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE COORDINATING COUNCIL
503 Oak Place Suite 540 Atlanta, Georgia 30349 TEL. (404) 559-4949 FAX 5594960 TOY 5594177

Martha Gilland Director

December 31, 1996
The Honorable Zell Miller, Governor Members of the General Assembly and Citizens of the State of Georgia
On behalf of the Criminal Justice Coordinating Council it is my distinct pleasure to present the State of Georgia's Crime Victim Compensation Program Annual Report for Fiscal Year 1995. This initiative continues to see tremendous growth since being placed with the Council in 1991.
The increase in the number of innocent crime victims who have been compensated can be attributed directly to the support offered by Governor Miller, other key governmental officials, and victims advocates located throughout the State. Their input has been instrumental in recognizing the plight of crime victims and in turn becoming more responsive to their concerns and needs.
The Council looks forward to continuing its efforts to meet these challenges through its operation of its programs and development of public policy. We always welcome any ideas offered to improve our unwavering commitment to innocent crime victims.
~. ce~l~/;J ~'ffLfj artha Gill Director

AN EQUAL OPPORTUNITY EMPLOYER

CRIM:INAL JUSTICE COORDINATING COUNCIL
Crime Victim Compensation Committee
Membership List
Mr. David H. Moskowitz, Chair *Citizen Member
Moskowitz & Carraway, P. C. Post Office Box 95603 Atlanta, Georgia 30347 (404) 321-4060 FAX (404) 982-9119

Ms. Deborah W. Espy *Citizen Member Chief Assistant Solicitor Fulton County Solicitor's Office 160 Pryor Street, SW, Room 53 Atlanta, Georgia 30303 (404) 730-4714 FAX (404) 730-7121

Ms. Pamela Howard Reeves *Citizen Member Victim Witness Director Coweta County Coweta County Courthouse Post Office Box 2564 Newnan, Georgia 30263 (404) 254-7350 FAX (404) 254-7305

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CRIMINAL JUSTICE COORDINATING COUNCIL Crime Victim Compensation Committee Biographical Information of Current Members
David H. Moskowitz, Esquire is a founding member of Georgia's Crime Victim Compensation Board. Mr. Moskowitz received his B.A. in History from Emory University in 1979 and a J.D. from Emory University Law School in 1984. Currently, Mr. Moskowitz is a partner in the law firm of Moskowitz & Carraway, P.C., which specializes in worker's compensation law. Mr. Moskowitz serves on the Chairman's Advisory Council of State Board of Worker's Compensation and is Vice-Chairman of Worker's Compensation Claimant's Council. Mr. Moskowitz is a member of the Criminal Justice Coordinating Council (CJCC) and is Chairman of its Crime Victim Compensation Committee(CVCC).
Deborah Espy, Esquire has served for the past three years as Chief Assistant Solicitor General for Fulton County, Georgia. Prior to her appointment to this position she served as Assistant Regional Counsel for the U. S. Environmental Protection Agency and she has served as an Assistant District Attorney for Fulton County. Ms. Espy received her B.A. degree from Fisk University in Nashville, Tennessee and her J.D. degree from Emory Law School in Atlanta. In addition to her membership in numerous professional organizations and societies, she serves on the board of the Conyers-Rockdale Boys and Girls Club. She is a member of the Governor's Criminal Justice Coordinating Council where she chairs the Rules Committee. She is also a member of the Governor's Drug Abuse Resistance Education "DARE" Board.
Pamela Howard Reeves is Director of the Victim-Witness Assistance Program for the Coweta Judicial Circuit. Ms. Reeves researched, designed, and implemented the first victim service program for the Coweta Judicial Circuit. Currently, Ms. Reeves serves as Training Coordinator for Georgians for Victims Justice, and has also served as Vice-President and President of this organization. Ms. Reeves received the Victim/Survivor Service award in 1991, as recognition for all she has done for crime victims. Ms. Reeves isa member of CJCC by virtue of her training, experience, and knowledge of the operations of the entire spectrum of crime victim assistance programs delivering services to victims of crime.
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I. INTRODUCTION

Pursuant to a.C.G.A. Sec. 17-15-4(a)(9), an annual report regarding the activities carried out under the Georgia Crime Victim Compensation Act must be prepared each year. The 1994 Annual Report covers July 1, 1995 through June 30, 1996, which reflects the financial awards made to victims during this fiscal year and also summarizes the activities of the Criminal Justice Coordinating Council's Crime Victim Compensation Committee.

Georgia's Crime Victim Compensation Program is an effort on the part of the State to help ease the financial burden incurred by innocent victims of violent crime. While no amount of compensation can erase the physical and emotional trauma of victimization, this Program can help lessen the expenses incurred by one as a result of being a crime victim. It must be noted that the Crime Victim Compensation Program continues to provide the only substantial financial relief to victims and their families, by assisting in payments of their medical expenses, funeral expenses, lost wages, and counseling expenses not paid by another source.

Funding for this Program comes from four sources, each yielding varying annual amounts. The Crime Victims Emergency Fund received its first monies through an appropriation of $100,000 from Georgia's General Assembly on July 1, 1990. However, under Governor Miller's administration this Fund has grown significantly due to two primary reasons. First, since February 1, 1992 the State Board of Pardons and Paroles has deposited fees collected from parolees. Second, legislation in 1992 mandated that all adult courts with DUI jurisdiction levy an additional penalty assessment of ten percent (10%) of the original fine up to a maximum of $25.00 in these type of crimes. Additionally, the State's Program meets certain federal requirements making it eligible for matching funds, totaling forty percent (40%) of whatever amount is paid to innocent crime victims during a particular federal fiscal year.

II. HISTORY

Responding to then increasing interest in recognizing crime victims and the trauma they endure, Governor Joe Frank Harris named a Study Committee on Crime Victim Compensation in September of 1987. The Study Committee presented its findings at the end of November, 1987. The original findings were examined further and left virtually intact throughout subsequent legislative and administrative processes.

Senate Bill 431, enabling the State to create a Crime Victim Compensation Program, passed the Georgia General Assembly in 1988, subject to the passage of Senate Resolution 274, which required the voters approval of a Constitutional Amendment, authorizing the payment of funds to crime victims. The Constitutional Amendment was passed by sixty-eight percent (68%) of the voters in November, 1988. This Constitutional Amendment was ratified by the Secretary of State on November 18, 1988

' " Georgia Crime Victim Compensation Committee Annual Report

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and proclaimed by then Governor Harris on December 15, 1988.
The Program received its first $100,000 in emergency funds for crime victims, effective July 1, 1990. The swearing in of the original five-member Crime Victim Compensation Board (CVCB) took place on July 12, 1990. Initially, this Board was attached to the State Board of Worker's Compensation for administrative purposes. On October 29, 1990 an Executive Director was appointed to staff the Board.
In the Fall of 1991 Governor Zell Miller, by Executive Order, in an effort to economize and make more efficient State government, transferred the administrative responsibility of the Board from the Workers Compensation Board to the Office of Planning and Budget. Subsequently, effective July 1, 1992 the Criminal Justice Coordinating Council became the official agency for administering the State's Crime Victim Compensation Program. The Criminal Justice Coordinating Council (CJCC) is a statutorily created executive branch of government agency consisting of twenty-three (23) members within the criminal justice arena.

III. SUBSTANTIVE AND PROCEDURAL ASPECTS

Persons eligible to file a claim with the Crime Victim Compensation Committee prior to July 1, 1994, include an innocent victim, a dependent of a victim who died as a result of the criminal act, a reasonably acting good Samaritan, and a parent or legal guardian of an eligible minor victim.

The following are statutory requirements which must be met in order to be an eligible applicant:

(1) the said crime must be a violent crime and not a property crime;

(2) the crime must be reported to the proper law enforcement agency within 72 hours of the incident, unless good cause is shown;

(3) the victim or claimant must cooperate fully with law enforcement officials;

(4) the victim or claimant must file within 180 days of the incident, unless good cause is shown;

(5) the victim must not be the offender or any accomplice of the offender; and

(6) the victim must not have contributed to the offense.

After an initial checklist is made and the application is deemed eligible, an investigation begins. This process includes conversation and correspondence with medical providers,

"" Georgia Crime Victim Compensation Committee Annual Report

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counselors, funeral providers, employers, law enforcement officials, and prosecutor offices. All of the stated sources provide information concerning the victimization.

Once all documentation is gathered and analyzed a decision regarding compensation is made at the staff level. An award can either be denied or granted up to the maximum amount. Supplemental victimization claims on a crime will be considered if related expenses are incurred after the initial award.

Denials may be appealed by a claimant to the Crime Victim Compensation Committee within thirty (30) days of receipt of the denial letter. This Committee meets when necessary to review these matters and may either affirm, modify, or remand an initial decision of the Council's staff.

Applications, copies of the victim compensation law, and other information pertaining to the Program may be obtained either by writing or contacting:

The Criminal Justice Coordinating Council c/o Crime Victim Compensation Committee
503 Oak Place, Suite 540 Atlanta, Georgia 30349
(404) 559-4949 (404) 559-4960 (FAX) (404) 559-4177 (TDD)

Applications and pertinent information are also generally available at district attorney's offices, law enforcement agencies, medical providers, and victim service providers. Many prosecutor offices now have in-house victim-witness assistance programs, which are staffed with a personnel knowledgeable about the Victim Compensation Program. These persons are available to help explain the Program requirements and assist claimants with completing applications. Of course, the staff of the Council is always available to answer any questions and provide aid in completing applications.

IV. DEVELOPMENTS

As with any program, time is needed to determine its weaknesses and develop alternatives to address any concerns that have arisen. For the State's Crime Victim Compensation Program is no was no truer statement for FY 1995. The Council made a change in the Program's administration began June 1995.

During the moratorium, the new administration identified its first task was to conduct an internal audit of the Program's manner of processing claims, file management, computer capabilities, staff, the Program's overall attitude for victims, knowledge base of the Program in the State, and the direction the Program needs to proceed. The internal audit revealed a program evolving from its infancy stages to a more mature

G Georgia Crime Victim Compensation Committee Annual Report

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program that was experiencing growing problems. The manner that claims were being processed was sufficient for minimal receipt of amount of claims received in recent years, but the increase claims made it imperative to consider hiring new staff and to reorganize the procedures used to process claims. During the moratorium the following developments were implemented:

*

The drafting of an Standard Operating Procedure Manual (SOP), The purpose

for this was to create a consistency in the manner of processing cases, identifying

the tasks for personnel, and to provide a training tool for future employees.

*

Development of a new filing system and file set-up. The new filing system is

more uniform that allows any personnel to locate files with minimal knowledge

of the case status. The new file set-up is more staff friendly that allows specific

materials to be located with ease and also easier for Board Members and/or the

Attorney General to utilize in a hearing.

*

The need to develop short term goals and achieve them by the end of the 1996

calendar year:

To add a minimum of three additional staffers. The national average of

cases per staffer is 175 compared to the current 450 cases currently being

handled by staff.

To eliminate the backlog of cases older than six months. While the state

of moratorium provided ample opportunity to evaluate the program, it did

not come without the price of increase in processing time.

To have the SOP approved by the Board and implemented.

To address the current Program pay structure and eligibility requirements

for Counseling payments.

*

The need to develop long term goals and achieve them by the end of the 1997

fiscal year:

To create a Program that is more victim friendly. Staff will research the

feasibility of technicalities such as mandating a notary signature, accepting

a portion of a case if it is eligible, extending the 180-day deadline, and

shortening the application.

Implement a new computer system for automation.

To develop an Outreach Division of the Program. The ultimate goal

would be to build a unified effort between all of those with role ill

criminal justice arena, including the citizens of their community.

To develop a Subrogation Division of the Program to implement duties concerning Subrogation. Compensation claims are increasing and our largest funding source is through DUI fine/fees and Parolee fees that are on the decline. So additional funding is needed to ensure future program growth.

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The National Association of Crime Victims Compensation Boards and the U.S. Department of Justice, Office for Victims of Crime (DVC) served as consultants in the previous amendments and goals in order to ensure they were consistent with national trends and averages. The Program has recognized its efforts in evaluating and acting upon these concerns.

G Georgia Crime Victim Compensation Committee Annual Report

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CRIMINAL JUSTICE COORDINATING COUNCIL
Review of Georgia's Crime Victim Compensation Program's Significant Achievements for FY 1995
r::ir Conducted an extensive internal audit of the current operation procedures.
Drafted a Standard Operating Procedure Manual for claim processing and investigative purposes.
Restructured file set-up and filing system to a more uniformed manner.
Conducted extensive research on compensation programs nationwide, which resulted in the development of a new pay structure and eligibility requirements for counselors.
Attended the training conferences conducted by the National Association of Crime Victim Compensation Boards and the Office for Victims of Crime, in order to better serve innocent crime victims throughout the State of Georgia.
Conducted extensive research on compensation programs nationwide, which resulted in the development of policy to ensure rape victims are processed according to SB21O.
Played an vital role in the establishment of the Annual Georgia Victims Conference.
Provided the media with interviews and information pertaining to Georgia Compensation Program.
Handled effectively an average of 450 claims per staff member-two and one half times the national average.

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Sheet2
96-01:GEORGIA CRIME VICTIMS COMPENSATION AWARDS BY TYPE OF CRIMINAL OFFENSE

DUI Crashes

Child Abuse Adult Sex Crimes

IBseries11

Homicides

Assaults
o 50 100 150 200 250 300 350 400 450 500

Page?

Sheet2
GRAPH 96-02:GEORGIA CRIME VICTIMS COMPENSATION PROGRAM AGE OF AWARD RECIPIENTS

65yrs. or older 6%

17yrs or younger 20%

18yrs. -64yrs. 74%

Sheet2 96-03: GEORGIA CRIME VICTIMS COMPENSATION PROGRAM
TOTAL AMOUNT OF AWARDS 1991-1996
450000 400000 350000 300000 250000 200000 150000 100000
50000

SheetZ 96-04: GEORGIA CRIME VICTIMS COMPENSATION PROGRAM
AWARDS BY RESIDENTIAL STATUS
Out-of-State 2%
Georgia Residents 98%

Sheetz

96-05: GEORGIA CRIME VICTIMS COMPENSATION NUMBER OF CLAIMS RECEIVED 1991-1996

I !I3SerieS1

1996

1995

1994

1993

1992

1991

o

100 200 300 400 500 600 700 800 900 1000

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