Georgia crime victims compensation program, fiscal year 1997 annual report

l ~~3C.~r3I""'-""""-""'-""""-"'-----------"

Ri

~~ L

Cl
Iq~b-~l

Office of the Governor Criminal Justice Coordinating Council

State Crime Victim Compensation Program
L

1997 Annual Report
\",
Zell Miller Governor

Martha Gilland Director
Derek L. Marchman Program Director
July 1, 1996 - June 30 1997

Crime Victim Compensation Program
TABLE OF CONTENTS



Director's Message . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ii



Membership List

iii



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

IV

I. Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "

1

II. History

.

....... " 1

III. Substantive and Procedural Aspects . . . . . . . . . . . . . . . . . . . . . . . . . . . " 2

IV. Developments

...... " 3

V. Training ...

5

VI. Goals and Objectives

5

VII. Tables and Graphs

97-01: 97-02: 97-03: 97-04: 97-05: 97-06: 97-07:

Crime Victims Compensation Organization Chart Claims Received by Year Since 1990 Awards by Type of Criminal Offense Age of Recipients Claims Actions Heard By Compensation Board Denial Reasons for Appealed Claims Amount Awarded by Year Since 1990

1

~e" Miller
~overnor

OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE COORDINATING COUNCIL
503 Oak Place Suite 540 Atlanta, Georgia 30349 TEL. (404) 559-4949 FAX 559-4960 TOY 559-4177

Martha Gilland Director

O~tober 1, 1998
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 1997. 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 the operation of its programs and development of public policy. We always welcome any ideas offered to improve our unwavering commitment to innocent crime victims.

AN EQUAL OPPORTUNITY EMPLOYER

Crime Victim Compensation Board
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 Deputy District Attorney Fulton County District Attorney's Office 136 Pryor Street, SW, Third Floor Atlanta, Georgia 30303 (404) 730-7362 FAX (404) 730-5478

Ms. Helen P. Smith *Citizen Member Victim Witness Assistance Director Chatham County Chatham County Courthouse Post Office Box 2309 Savannah, Georgia 31402 (404) 254-7350 FAX (404) 254-7305

111

Crime Victim Compensation Board
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 Board (CVCB).
Deborah Espy, Esquire has served for the past year as a Deputy District Attorney for the Fulton County District Attorney. Prior to. her appointment to this position she served as Chief Assistant Solicitor General for Fulton County, 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 ConyersRockdale Boys and Girls Club. She is a member of the Governor's Criminal Justice Coordinating Council where she chairs the Rules Committee and the Governor's Drug Abuse Resistance Education "DARE" Board. She is also serves as Chair of the Criminal Justice Coordinating Council.
Helen P. Smith is Director of the Victim-Witness Assistance Program for District Attorney Spencer Lawton's Office. She has been with the program since its inception in 1983. The Savannah Victim-Witness Assistance Program has received numerous local, state and national awards. She also serves as a member of Georgians for Victim Justice, the Chatham Domestic Violence Task Force, Child Abuse Task Force, and Georgia Sexual Assault Task Force. She was a founding board member of the Coastal Children's Advocacy Center. She received a master's degree from Georgia Southern University and undergraduate degree from Clemson University.
IV

I. INTRODUCTION

Pursuant to O.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 fmancial 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. Since February 1, 1992 the State Board of Pardons and Paroles has deposited fees collected from parolees. In addition, 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

\"0, Georgia Crime Victim Compensation Committee Annual Report
W July 1, 1996- June 30, 1997

1

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 state government more efficient, 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 government agency of the executive bninch 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 Program 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 one year 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

\ .....i July 1, 1996- June 30, 1997

2

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 Program within thirty (30) days of receipt of the denial letter. This Program 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:

Crime Victiin Compensation Board 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 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

During the previous fiscal year, the Program began on a journey of establishing stability throughout all facets of its administration. Staff utilized the identified short and long term goals desired in 1996 as benchmarks of achievements.

This past year the Program achieved the following highlights of goals set:

Hired two of the three desired positions required to meet the increasing demands.

Eliminated a backlog of 400 cases that were six months or more old.

Had a Standard Operating Procedures Manual approved by the Board.

\'} Georgia Crime Victim Compensation Committee Annual Report

L,J July 1, 1996- June 30, 1997

3

Implemented a new data-base management system called Victim Management Information System (VMIS).

Conducted outreach efforts by holding six regional workshops

Established a manual regarding Victims Compensation and Victims Rights that will be utilized in the Officer Mandate Training.

Developed a marketing plan to target five distinct areas requiring an educational and awareness program.

Had the application deadline extended from 180 days to 1 year.

As one can see from these highlights, the Program achieved a majority of the its goals.
However, the program would like to delve further into three of these achievements and illustrate their impact. By taking the time required to establish a Standard Operating
Procedure Manual and initiating a data-base system, it allowed the Program to move
forward in a steadfast manner to acquire more applications and be prepared to deal with unexpected obstacles.

The elimination of approximately 400 backlogged cases was a tremendous boost to the Program. With the assistance of three people from the Grant Division, plus the Director aiding with applications, the Program achieved its number one priority in the early part of the fiscal year. It allowed the Program to "get back into the good graces" of the victims, service providers, and advocates. The backlog elimination also provided staff the opportunity to work on current cases at a faster rate due to not having to write letters or answer repeated phone calls regarding delinquent awards or decisions. However, it should be noted that the elimination of this backlog skews the amount of payout for this year when comparing it to last year or future years. The payout for cases within the backlog totaled approximately $490, 000 that could have been paid during the previous fiscal year.

The Program was successful in implementing a law enforcement manual as part of the officer mandate training. With the assistance of the Georgia Public Safety Training Center, the Program was able to submit the curriculum to the Peace Officer Standards and Training Council, who in turn amended the prior training schedule to include victims rights and compensation. This allowed the Program to achieve three points: 1) diminish those comments from officers who were not advising victims of their rights because they did not know of the mandates; 2) increased awareness and credibility among law enforcement; and, 3) increased awareness of the Program for victims causing the number of claims to grow.

Another item that caused the Program to receive more application was its effort to extend the application deadline. One of the first priorities that staff identified was the need to

\'\ Georgia Crime Victim Compensation Committee Annual Report Lc July 1, 1996 - June 30, 1997

4

make the Program more "victim friendly". After dissecting the reasons for denial, staff discovered that most denials were due to the 180 day time limit. The Program had the good fortune to have a bill introduced to the legislature under Governor Zell Miller's package that would extend the deadline to one year. The filing extension allow victims to deal with the stress of the victimization before turning to the financial issues caused by the incident. An added benefit the Program experienced was a decline in appeals which accounts for numerous man hours in conducting hearings.
This Program had the ability to foresee these types of growth and the demand on the staff. However, staff is not able to determine every crisis it may encounter. Such as the incident that occurred on the morning of July 27, 1996. The 1996 Summer Olympic Games were being held in Atlanta and that morning a bomb exploded in Centennial Olympic Park injuring 116 and killing two people. Prior to the Olympics, staff had determined in the event of a disaster, they could best serve the victims from the office with computers, phones and fax machines and not in the field. Staff was assembled in its entirety and began compiling data on bomb victims within three hours of the time of the incident. By the end of the day; the staff had retrieved from the various hospitals the names of the victims, entered data into the computer, forwarded information to the victim's home addresses, and gathered enough information to allow Governor Miller to make an announcement that the victims needs had been addressed. Within two days, staff was able to meet with those individuals with severe injuries and their families to provide information about the Program on a personal level. By having staff trained and procedures implemented, the Program was able to rise to the occasion and meet the needs of victims at a time of devastation.

v. TRAINING

When the Program began its establishment of stability, it also determined that training would become an important tool to utilize. With the additional staff, the Program was able to attend or conduct training workshops and conferences without shutting down the operations of the Program.

Staff attended various conferences and academies on a national level which addressed many facets of victim services aside from victims compensation. Staff attended the National Organization for Victims Assistance (NOVA) Annual Conference, the Association of District Attorneys where an emphasis was placed on Domestic Violence, and the Program is proud to have Ms. Shennill L. Scott, Program Assistant graduate from the National Victims Academy. As for compensation issues, staff attended the Southeast Regional and Annual National Association of Victims Compensation Boards meetings.

During the past fiscal year, the Program also participated in conducting training on a local, state and national level. Staff held six regional workshops throughout the state for

\'\ Georgia Crime Victim Compensation Committee Annual Report W July 1, 1996 - June 30, 1997

5

local victim assistance programs, prosecution offices, service providers and law enforcement agencies. These workshops not only focused on victims compensation, but also grant information, victims rights and theories of victimology. Attendance to each of these workshops was larger than any previous year. The Program, as always, played an intregal part in hosting the Annual State Victims Conference in Forsyth. The conference was a success in attracting its largest number of attendees and renowned national speakers. As for participating in training on a national level, staff gave presentations on its law enforcement training manual at the Southeast Regional Victims Compensation Meeting in Clearwater, Florida.
As a special note, the Program was awarded to be the host state for the 1997 Annual National Association of Victims Compensation Boards meeting which will be held in Atlanta.

VI. GOALS AND OBJECTIVES

Now that the Program is beginning to stabilize itself, staff will now turn towards the future with greater expectations and build from this foundation. Staff has set the following goals as benchmarks for the upcoming year. These goals may seem high, but the Program's past performance trends estimate that they are within reach. These goals are as follows:
* Increase the number of applications to 1,600;
* Increase payouts and expenditures to $1,800,000;
* Establish District Attorney personnel training;
* Increase staff to a level that is equal to the national average of cases per
investigator;
* Conduct regional training; and,
* Solidify the funding level.

As you can see, the growth of the program will dictate the need for some of the goals, i.e. funding levels and need for staff. It will be imperative for the Program to seek additional funds and staff to investigate claims. Failure to do so will cause the Program, Agency, State and/or the victims more harm if it receives a number of claims and cannot process them in a timely manner or lack the funds to cover these awards.

The 1998 FY is going to test the mettle of the Program in its attempt to obtain additional monies and personnel that will be required, to maintain its sights on the long range goals,

\~ Georgia Crime Victim Compensation Committee Annual Report

L' July 1, 1996- June 30, 1997

6

as well as host the national aSSocIatIOn meeting. However, staff is excited about continuing the upward trends of the Program and feels confident in their ability in achieving these benchmarks.

\". Georgia Crime Victim Compensation Committee Annual Report W July 1, 1996 - June 30, 1997

7

Crime Victims Compensation Organizational Chart
Derek L. Marchman Program Director

Shawanda Reynolds-Cobb Claims Manager

I
Shennill L. Scott Prog ram Assistant

I I
Beverly E. Dixon Program Coordinator

Claims Received
1400
1200 \1~-~-L_~+-__+~~-r-__I-===-_
800
/: /
./
/ 600--

o

1991 1992 1993 1994
1995

1996

1997

Domestic Abuse 9%
Child Abuse 1%
Child Molestation 8%

Applications Received by Crime Type

Vehicle 4%

Other
3%

Murder 19%

Assault 46%

-------------------APPLICATIONS BY AGE GROUP
65 and Over 2%

AFFIRMED 37%

CLAIM ACTIONS HEARD BY COMPENSATION BOARD
TABLED 3%

Denial Reasons for Appealled Claims

Not Eligible 10%

Contributory Conduct
4%

Lack of Cooperation
4%

72 Hour
4%

r------------------------------.--------------------
CRIME VICTIMS COMPENSATION ANNUAL AWARDS

1,800,000

1,600,000

1,400,000

1,200,000

1,000,000

800,000

600,000

400,000

200,000

o
1991

1992

1993

1994

1995

1996

1997

Please note that the 1997 payout reflects clearing up the backlog which added approximately $490,000.00 to the payouts.