GEORGIA CRIME VICTIMS COMPENSATION PROGRAM FISCAL YEAR 2001 ANNUAL REPORT VICTIM SERVICES JUDICIAL SYSTEM LAW ENFORCEMENT TOGETHER WE CAN MAKE A DIFFERENCE Office of the Governor Criminal Justice Coordinating Council Georgia Crime Victim Compensation Program 503 Oak Place, Suite 540 Atlanta, Georgia 30349 Office: 404-559-4949 1-800-547-0060 Fax: 404-559-4960 TDY: 404-559-4177 January 15, 2002 The Honorable Roy E. Barnes, Governor Members of the General Assembly And Citizens of the State of Georgia It is with pleasure that I present the Annual Report of the Georgia Crime Victims Compensation Program. The Annual Report highlights the activities for the fiscal year beginning July 1, 2000, and ending June 30, 2001. This year marked ten years of service to crime victims in Georgia. This year the Program received 2,116 claims and provided financial assistance to 1,898 victims and their families. In addition, crime victims were awarded $4.7 million during Fiscal Year 2001. The Program Advocate assisted 867 victims in applying for compensation and with other available resources. Continued technology enhancements for efficiency led to our most productive year in claim processing. These program enhancements allowed staff to process eligible claims in 60 days or less. Your leadership and dedication are instrumental to this program as we work to continue to expand services offered to victims and their families. Upon your review of this report, I hope that you will find that my staff has served victims with dignity, integrity, and compassion. On behalf of my staff and the thousands of victims we have served, I thank you for your continued support of this program. We welcome the continued opportunity to provide this service to victims of crime in Georgia. Sincerely, L. Gale Buckner Director OFFICE OF THE GOVERNOR CRIMINAL JUSTICE COORDINATING COUNCIL Biographical Information of Board Members 1 History 3 Funding Application Process Crime Victims Organizational Chart Program Highlights Visions for 2002 Table: CLAIMS RECEIVED AND AWARDED BY Graphs: Annual Crime Victims Compensation Award Applications Received by Fiscal Year Applications Received by Age Category Applications by Crime Type Application by Denial Code Award Payments by Category Claims Received by Referral Sources 5 8 11 13 14 16 Graph 01-01 Graph 01-02 Graph 01-03 Graph 01-04 Graph 01-05 Graph 01-06 Graph 01-07 David H. Moskowitz, Esquire, Chairman Mr. Moskowitz is a founding member of Georgia's Crime Victims Compensation Board. Mr. Moskowitz received his B.A. degree in History from Emory University in 1979 and a J.D. degree from Emory University Law School in 1984. Currently, he is a partner in the law firm of Moskowitz & Carraway, P.C., which specializes in worker's compensation law representing solely the injured worker. Mr. Moskowitz has served on the Governor's Advisory Council of The State Board of Workers' Compensation and was the former Chairman of the Workers' Compensation Claimants' Council. Deborah W. Espy, Esquire Ms. Espy serves as the 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, and Assistant Regional Counsel for the U.S. Environmental Protection Agency. Ms. Espy received her J.D. degree from Emory University School of Law in Atlanta and her B.A. from Fisk University in Tennessee. In addition to her membership in numerous professional organizations and societies, she serves on the board of the Conyers Rockdale Boys and Girls Club. Gene Hodge, M.S. Mr. Hodge is currently the Director of Professional Standards for the Georgia Department of Corrections. Previously, Mr. Hodge served as the Sheriff of Muscogee County for approximately nineteen years. Mr. Hodge has also served as President of the Georgia Sheriff's Association and the Georgia Sheriffs' Youth Homes. He is also an active member of the Board of Directors for the Sheriff's Retirement Fund, Georgia Sheriffs' Youth Homes, and a committee member of the National Sheriffs' Association. Mr. Hodge is a graduate of Columbus College with a Bachelor of Science degree in Criminal Justice and received his Masters of Science degree in Counseling and Psychological Services from Georgia State University. Michael B. Shapiro, Esquire Mr. Shapiro has served as Executive Director for the Georgia Indigent Defense Council since 1996. He is an active member of several bar associations on local and national levels. Mr. Shapiro serves as a member of the State Bar of Georgia's Drug Task Force and Uniform Rules Committee, the Information Technology Police Council, and is past President of the Georgia Association of Criminal Defense Lawyers. Mr. Shapiro authored the Georgia Association of Criminal Defense Lawyers; writes a feature column for the "Georgia Defender's" computer users guide, and served as Editor of the Association's Appellate Case Manual. Mr. Shapiro is a frequent lecturer on criminal case law and the use of computers in a law practice. He also designs and maintains Internet web sites for various organizations and practitioners. Mr. Shapiro has been named in the International Directory of Distinguished Leadership, Martindale-Hubbell, Men of Achievement, and numerous Who's Who on a local, state, and national level. Mr. Shapiro is a graduate of Emory University School of Law. Page 1 University, with a Bachelor of Arts degree in Political Science, and received his Juris Doctorate degree from Emory University School of Law. Helen P. Smith, M.S. Ms. Smith is the Director of the Chatham County Victim-Witness Assistance Program for the Chatham County District Attorney'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. Ms. Smith also serves as a member of Georgians for Victim Justice, the Chatham County Family Violence Council, Child Abuse Task Force, Georgia Sexual Assault Task Force, and the Victims and Community Advisory Council to the State Board of Pardons and Paroles. She was a founding member of the Coastal Children's Advocacy Center. Ms. Smith received her undergraduate degree from Clemson University and a Masters degree from Georgia Southern University in Public Administration. Page 2 "Dear Mr. Allen: Thank you so much for the help you have given in paying up the emergency room bills for my daughter and son. Without your help I would not have been able to pay. Thank you so much again!" Anonymous PageP3age 3 History Senate Bill 431, enabling the State to create a Crime Victims 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 68% of the voters in November 1988. This Constitutional Amendment was ratified by the Secretary of State on November 18, 1988, and proclaimed on December 15, 1988. As a result, the Georgia Crime Victims Compensation Program was implemented to provide financial assistance to innocent victims of violent crime. The Program received its first $100,000 in emergency funds for crime victims, on July 1, 1990. The swearingin of the original five-member Crime Victims Compensation Board (CVCB) took place on July 12, 1990. Initially, this Board was attached to the State Board of Workers' Compensation for administrative purposes. On October 29, 1990, an Executive Director was appointed to staff the Board. In 1991, the administrative responsibility of the Board was transferred 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 Victims Compensation Program. The Criminal Justice Coordinating Council (CJCC) is a statutorily created government agency of the executive branch with a twenty-four (24) members board representing the State's criminal justice arena. The following years brought even more changes to the program. In 1994, the program cap increased from $1,000 to $5,000 and again in 1995 to $10,000. The Victims' Bill of Rights was also passed in 1995, and mandated authorities to inform victims of their rights which includes compensation. Page 4 "Dear Ms. Cooper: A small but personal note from my family and myself to say thank you. The contribution you make to the peace of mind of those in crisis is beyond words. Once again, please accept our heartfelt thanks." Anonymous Page 5 Funding The Georgia Crime Victims Compensation Program received its first monies through an appropriation of $100,000 from Georgia's General Assembly on July 1, 1990. Currently, the Program is funded by four sources, each yielding varying annual amounts. They include DUI fines, probation fees, parole fees, and a Victims of Crime Act (VOCA) federal grant. These current funding sources ensure that criminals are held responsible for the financial impact of their actions, and victims receive financial assistance for certain expenses relating to violent crime. Parole Fees Since February 1, 1992, the State Board of Pardons and Paroles has deposited fees collected from parolees into the fund. Currently, parolees (who committed certain crimes,) are required to pay $10 per month for each month that they are on parole. See O.C.G.A. 17-15-3(c). DUI Fines Legislation passed in 1992 mandated all adult courts with DUI jurisdiction to levy an additional penalty assessment of ten (10%) percent of the original fine up to a maximum of $25. See O.C.G.A. 17-15-10 (b)(1). Probation Fees In 1998, legislation was passed requiring individuals under active probation supervision to pay a supervision fee of three-dollars per month. The $3 per month fee shall be added to any supervision fee collected by any entity authorized to collect such fees and shall be paid into the Georgia Crime Victims Emergency Fund. See O.C.G.A. 17-15-13(f). VOCA Grant Victims of Crime Act (VOCA) provides federal financial assistance to states for the purpose of compensating and assisting victims of crime. State compensation programs receive forty (40%) percent of the amount paid by the state to victims of crime from state sources of revenue. Page 6 FISCAL YEAR 2001: FINANCIAL REPORT Beginning Cash Balance As of July 1, 2000 Total Revenues (07/01/00 thru 06/30/01) DUI Add-On Probation Parole Fees Interest VOCA Grant Total Revenues Total Expenditures Total Personnel Total Regular Operating Total Travel Equipment Total Computer Real Estate Total Telecommunications Total Per Diem Victim Compensation Payments Total Expenditures Fund BALANCE AS OF JUNE 30, 2001 $1,145,321.82 $4,086,799.68 $ 196,366.69 $ 152,582.57 $2,023,328.30 $4,315,094.42 $7,604,399.06 $ 499,840.36 $ 51,658.16 $ 10,338.36 $ 15,052.26 $ 55,668.60 $ 14,311.68 $ 50,052.32 $4,660,118.92 $5,357,040.66 $6,562,452.82 Page 7 Application Process "Dear Mr. Allen: I just wanted to say thank you so very much for assisting with paying for the resulting medical bills from my victimization." Anonymous Page 8 Application Process Once a claim is received, it is date stamped and sent to DATA ENTRY. During the Data Entry process, all appropriate application and bill information is entered into the Claims Management Information System (CMIS). Staff assigns a claim number and the documentation is placed in a file folder and labeled. This process is completed within one to two business days and, the claim is routed to the appropriate staff for an Eligibility Review. During the ELGIBILITY REVIEW, the application and documentation are reviewed for eligibility and a status assignment. Staff determines whether all of the initial eligibility requirements are met (i.e., filing deadlines, type of crime, reporting deadlines, etc.). Once the claim has satisfied the eligibility requirements, claim documentation is reviewed to determine whether all of the necessary paperwork has been submitted to process the claim. Staff documents what information is needed, if any, and a status is assigned. This process is done within one to two business days of the claim being received for ELIGIBILITY REVIEW. VICTIMS STATUS NOTIFICATION is the process where letters are mailed to claimants regarding the status of their applications. The letters give the claim number and the status of the claim. Each letter has detailed information explaining the claim status and gives a time frame regarding the next action to be taken on the claim. Applicants are given the name of a Claim Specialist in all status letters and are encouraged to call if they have questions or concerns regarding the information in the letter. If letters are returned, the applicant is contacted for an address change and the information is mailed to the victim again. The Program Advocate intervenes when claims are incomplete to provide assistance in obtaining necessary information for the claim to be assigned a pending status. PROCESSING/RECOMMENDATION is the process where the specialists verify that the victim meets all statutory eligibility requirements (i.e., an innocent victim, no contributory conduct, cooperation with authorities, verification of criminal history, etc.). Documentation received from applicants is verified to determine what is owed to providers. Since the Crime Victims Compensation Program is a payer of last resort, collateral sources such as insurance benefits, Worker's Compensation, Medicare/Medicaid, and annual/sick leave pay are researched to determine whether these resources have been applied before payment is made. Once the documentation and collateral resources have been reviewed and verified, a recommendation can be made if the law enforcement questionnaire has been received. If specialists are awarding a claim, the dollar amounts are determined for all parties eligible for payment and a Warrant for Payment is prepared for a check to be processed and cut. If an applicant is denied compensation, the claimant is given thirty (30) days to submit a written appeal for the claim to be reviewed by the Georgia Crime Victims Compensation Board. Once an appeal is received, staff reviews the grounds for the appeal and follows-up with the applicant, law enforcement, advocates, and the District Attorney's Office to gather additional information regarding the claim. Staff forwards the appeals, any new findings, and other documentation to the Board for review. Once a date for the appeal is set, claimants are notified of the time and place of the hearing, so that claimants may come before the Board to make an appeal. Once the Board makes a decision on the claim, applicants receive written notice of the Board's decision. If the applicant is dissatisfied with the decision, the claim can be taken to State Court. Page 9 Georgia Crime Victims Compensation Program Application Process Chart Claims Received Incomplete Status Data Entry Eligibility Review Status Notification Denial Status Pending Status Incomplete Status Advocate Services (Assist victims with filing appeals) Verification of Documentation Advocate Services (Assist victims with gathering Information) No Appeal Submitted (Claim Closed) Receipt of Appeal Recommendation Denial Notification Information not Received (See Denial Process) Notification of Appeals Hearing Finance Office Appeals Hearing Award Notification Notification of Board's Decision Check Mailed Page 10 Criminal Justice Coordinating Council GEORGIA CRIME VICTIMS COMPENSATION PROGRAM ORGANIZATIONAL CHART L. Gale Buckner Director Shawanda Reynolds-Cobb Division Director Shennill L. Gray Assistant Division Director Ana Reyes-Belcher Kimberly Sutton Program Advocate Intake Coordinator A. Dwaine Lyons Data Technician Dena Cooper Willie Allen CVCP Specialist Angela Sutton CVCP Specialist CVCP Specialist CVCP Specialist Page 11 Highlights "Dear Ms. Gray: I wish to take this time to say thank you to all who work and put together the Georgia Crime Victims Compensation Program. It lets me and many other people know that there are people who care, and it gives us hope for tomorrow. I am doing okay and I am getting back on my feet with a lot of love, prayers, and help from people like you. Again thank you all so very much." Anonymous Page 12 2000 Program Highlights Reduced claim processing time from 120 days to 60 days. Domestic violence victims may be eligible for loss of support based on offender wages. Applications for the Georgia Crime Victims Compensation Program may be downloaded from the internet. Advocacy services were implemented and provided assistance to expanded and outreach efforts were made with educators, advocates, leaders in the immigrant and refugee community, medial providers, funeral home directors, mental health providers, and law enforcement statewide. Revised the Operating and Procedural Manual. Staff conducted 11 trainings for advocates and service providers around the state. Revised law enforcement questionnaires for faster turnaround times. Page 13 Visions for 2002 "Dear Ms. Sutton: I know that you are doing your job, but it is so amazing that you called me at time that I was feeling like things were not looking positive. Burdens are so heavy on my heart since my brother was killed. Words alone cannot express how much my family and myself appreciate the Georgia Crime Victims Compensation Program. Again thank you." Anonymous Page 14 VISIONS FOR 2002 Expand coverage of allowable expenses compensated under the program. Increase overall cap and categorical caps. Implement an aggressive restitution program. Implement an aggressive Outreach Program. Increase advocacy services and develop an advocacy brochure. Develop surveys to retrieve feedback from victims and service providers for future program enhancements. Page 15 County Claims Received APPLING 7 ATKINSON 2 BACON 0 BAKER 1 BALDWIN 29 BANKS 2 BARROW 3 BARTOW 17 BEN HILL 8 BERRIEN 4 BIBB 68 BLECKLEY 1 BRANTLEY 2 BROOKS 2 BRYAN 8 BULLOCH 15 BURKE 3 BUTTS 7 CALHOUN 0 CAMDEN 8 CANDLER 4 CARROLL 15 CATOOSA 7 CHARLTON 0 CHATHAM 160 CHATTAHOOCHEE 0 CHATTOOGA 2 CHER0KEE 22 CLARKE 32 CLAY 0 CLAYTON 69 CLINCH 2 COBB 107 COFFEE 15 COLQUITT 15 COLUMBIA 15 COOK 4 COWETA 12 CRAWFORD 1 CRISP 8 DADE 3 DAWSON 2 DECATUR 1 DEKALB 147 DODGE 1 DOOLY 2 DOUGHERTY 57 DOUGLAS 17 EARLY 1 ECHOLS 0 Claim Statistics by County Applications Awarded 2 2 0 2 21 2 9 14 7 3 68 3 1 3 5 17 3 9 0 12 3 11 3 0 149 1 1 20 24 1 58 3 72 6 11 9 5 10 1 10 3 3 1 120 1 1 62 29 1 1 Amount Awarded $7,063.00 $1,172.25 $0.00 $7,850.55 $46,617.54 $5,309.85 $18,312.12 $28,820.09 $29,942.42 $11,500.50 $182,037.32 $11,000.00 $5,000.00 $6,748.00 $20,155.04 $31,731.91 $13,164.40 $20,925.99 $0.00 $30,261.68 $6,802.07 $10,802.31 $2,834.53 $0.00 $411,272.60 $5,195.12 $2,756.2 $27,014.17 $47,046.90 $70.00 $127,672.09 $6,335.44 $192,202.12 $9,960.83. $22,711.30 $6,799.93 $10,789.11 $19,012.79 $2,162.00 $42,978.41 $4,576.30 $15,448.11 $5,000.00 $372,913.67 $2,743.69 $1,907.80 $128,798.45 $45,552.15 $3,000.00 $43.20 Page 16 County Claims Received EFFINGHAM 12 ELBERT 11 EMANUEL 6 EVANS 5 FANNIN 2 FAYETTE 4 FLOYD 15 FORSYTH 11 FRANKLIN 8 FULTON 365 GILMER 1 GLASCOCK 0 GLYNN 31 GORDON 9 GRADY 1 GREENE 2 GWINNETT 62 HABERSHAM 7 HALL 17 HANCOCK 0 HARALSON 2 HARRIS 4 HART 3 HEARD 3 HENRY 20 HOUSTON 23 IRWIN 2 JACKSON 3 JASPER 2 JEFF DAVIS 2 JEFFERSON 2 JENKINS 5 JOHNSON 5 JONES 3 LAMAR 6 LANIER 1 LAURENS 16 LEE 2 LIBERTY 12 LINCOLN 1 LONG 0 LOWNDES 24 LUMPKIN 2 MACON 3 MADISON 3 MARION 1 MCDUFFIE 3 MCINTOSH 5 MERIWETHER 7 MILLER 0 MITCHELL 3 Claim Statistics by County Applications Awarded 12 12 8 3 3 4 11 14 7 318 4 0 32 7 1 2 57 7 15 1 1 4 3 4 14 19 0 4 2 0 2 6 4 4 4 1 13 0 9 0 1 27 2 1 3 1 5 2 8 0 3 Amount Awarded $25,660.53 $34,721.17 $15,983.16 $11,000.00 $2,582.35 $4,383.78 $35,129.90 $20,789.21 $23,199.58 $945,563.21 $11,100.00 $0.00 $78,402.63 $20,372.79 $3,318.75 $1,722.61 $100,134.91 $3,016.26 $47,274.84 $418.00 $354.00 $5,397.60 $13,326.90 $2,880.89 $25,115.91 $47,193.53 $0.00 $13,343.05 $8,320.00 $0.00 $5,936.50 $15,358.02 $12,513.31 $12,703.30 $10,583.23 $10,000.00 $17,304.80 $0.00 $19,336.55 $0.00 $8,341.44 $61,296.70 $8,964.80 $5,542.28 $6,757.00 $4,582.00 $16,506.98 $3,821.15 $23,003.67 $0.00 $9,412.00 Page 17 County Claims Received MONTGOMERY 3 MORGAN 4 MURRAY 3 MUSCOGEE 115 NEWTON 15 OCONEE 3 OGLETHORPE 1 PAULDING 9 PEACH 4 PICKENS 4 PIERCE 2 PIKE 4 POLK 14 PULASKI 2 PUTNAM 1 QUITMAN 0 RABUN 7 RANDOLPH 3 RICHMOND 58 ROCKDALE 10 SCHLEY 2 SCREVEN 3 SEMINOLE 0 SPALDING 29 STEPHENS 7 STEWART 2 SUMTER 13 TALBOT 3 TALIAFERRO 0 TATTNALL 1 TAYLOR 3 TELFAIR 1 TERRELL 2 THOMAS 18 TIFT 1 TOOMBS 7 TOWNS 2 TREUTLEN 0 TROUP 15 TURNER 4 TWIGGS 7 UNION 3 UPSON 4 WALKER 9 WALTON 6 WARE 21 WARREN 3 WASHINGTON 4 WAYNE 4 WEBSTER 0 WHEELER 1 Page 18 Claim Statistics by County Claims Awarded 3 5 2 90 13 2 1 11 2 3 2 5 8 1 1 0 10 4 54 7 1 4 1 23 8 1 8 4 0 3 2 0 1 17 1 5 1 2 20 4 8 0 5 8 11 16 3 6 7 0 1 Amount Awarded $2,005.86 $19,000.00 $3,738.83 $197,266.47 $44,825.16 $5,477.04 $493.00 $31,462.00 $8,957.78 $4,815.00 $5,809.74 $4,165.94 $20,151.52 $4,985.42 $1,320.00 $0.00 $20,678.53 $8,225.43 $131,952.52 $17,597.41 $264.50 $11,187.20 $600.00 $65,899.09 $14,824.26 $5,000.00 $25,019.78 $8,828.42 $0.00 $8,435.00 $3,469.00 $0.00 $5,000.00 $27,880.84 $1,422.25 $20,114.60 $489.00 $1,091.59 $33,132.86 $4,338.00 $13,781.86 $0.00 $18,446.02 $22,761.68 $18,363.56 $23,676.40 $9,171.42 $27,130.40 $7,831.68 $0.00 $250.00 Claim Statistics by County County WHITE WHITFIELD WILCOX WILKES WILKINSON WORTH Claims Received 3 13 0 1 2 5 TOTALS 2116 1898 Claims Awarded 4 11 1 1 1 5 $4,747,719.31 Amount Awarded $11,646.00 $26,133.87 $3,000.00 $563.60 $418.00 $18,696.28 Claims awarded may exceed claims received due to claims rolled over from one fiscal year to the next. Page 19 Annual GeorgiaCrimeVictimsCompensationProgramPayouts Graph 01-01 $5,000,000.00 $4.7M $4,500,000.00 $4,000,000.00 $3,500,000.00 $3,000,000.00 $3.8M $3.2M $2,500,000.00 $2,000,000.00 $1,500,000.00 $1.8M $1.8M $1,000,000.00 $500,000.00 $119K $201K $0.00 1992 1993 $244K $349K 1994 1995 $465K 1996 1997 1998 1999 2000 2001 ApplicationsReceivedbyFiscal Year Graph 01- 02 2500 2116 1954 2000 1725 1594 1500 1276 1000 918 943 771 558 500 289 0 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 Compensation Claims Received by Age Category Graph01- 03 (56+yrs.) 5% (0-18yrs.) 19% (36-55yrs.) 30% (19-25yrs.) 22% 0-18yrs. 19-25yrs. 26-35yrs. 36-55yrs. 56+yrs. (26-35yrs.) 24% Applications by Crime Type Graph01- 04 5% 1% 2% 9% 8% 1% 5% 18% 51% Assault Murder Sexual Assault Child Abuse Child Sexual Assault Domestic Abuse DUI Vehicle Other APPLICATIONS BY DENIAL CODE GRAPH 01-05 No InjurNyot EligibCleontributory Conduct 7% 1% 9% Not DUI Criminal History 12% 1% No Crime 3% Other Sources 17% Lack of Cooperation 38% Deadline Exceeded 12% Not Eligible Contributory Conduct Criminal History Other Sources Deadline Exceeded Lack of Cooperation No Crime Not DUI No Injury Payments by Category Graph01- 06 $3,500,000.00 $3,000,000.00 $2,500,000.00 $2,000,000.00 $1,500,000.00 $1,000,000.00 $500,000.00 $0.00 Medical Funeral Counseling Economic Support Claims Received by Referral Sources Graph 01-07 District Attorney's Office 40% Unknown 42% Law Enforcement 7% Hospital 9% Department of Justice 1% Media 1% District Attorney(VWAP) Department of Justice Media Hospital Law Enforcement Unknown Applications Received by Race Graph 01-08 1000 953 900 784 800 700 600 500 400 346 300 200 81 100 5 28 10 0 White African American Asian/Pacific Hispanic Multicultural Unknown American Indian/Alaska Islander Appeal Decisions by Crime Victims CompensationBoard Graph 01-09 Tabled 2% Affirmed 29% Remanded 69% Affirmed Remanded Tabled