AG Alan Wilson urges Congress to adopt measures to expand funding for crime victims

(COLUMBIA, S.C.) – Aug. 24, 2020 - South Carolina Attorney General Alan Wilson today joined a coalition of state and territorial attorneys general representing all 50 states, the District of Columbia and five U.S. territories urging Congress to adopt key changes to the Victims of Crime Act that provide critical financial support to victims of violent crimes and their families.

In a letter to House Speaker Nancy Pelosi, Senate Majority Leader Mitch McConnell, House Minority Leader Kevin McCarthy, Senate Minority Leader Charles Schumer and the House and Senate Judiciary Committees, the attorneys general call on Congress to adopt changes to the Crime Victims Fund, a national fund that supports state victims’ services programs. The recommendations will stabilize the Fund’s finances and provide more flexibility to grantees who are providing services to victims and their families.

“Victims of crimes and their families have already gone through terrible ordeals and these grants are crucial in helping them rebuild their lives,” Attorney General Wilson said. “Besides the good the grants do, one of the great things about them is that they’re not paid for with tax dollars, but the money comes from the criminals themselves. Our letter also supports funding increases for direct compensation to crime victims.”

The Fund, established by the Victims of Crime Act of 1984 (“VOCA”), is the primary funding source for victim services in all 50 states and six U.S. territories. Deposits to the Fund originate from criminal fines, forfeited bail bonds, penalties and special assessments collected by U.S. Attorneys' Offices, federal courts and the Federal Bureau of Prisons. The Fund covers the expenses of essential direct services and support for victims and survivors in the aftermath of crime, including medical care, mental health counseling, lost wages, courtroom advocacy and temporary housing.

The financial health of the Crime Victims Fund is at risk. In 2015, Congress increased the cap on distributions to the Fund, allowing 2.5 million more victims to receive support. According to the letter, while “deposits have sharply decreased in recent years due to a decline in the fines and penalties recouped from federal criminal cases, withdrawals have increased at a rapid pace.” The coalition makes three recommendations to promote the sustainability of the Fund, and preserve access to programs and services:

• Redirect fines and fees from corporate deferred and non-prosecution agreements to the Fund: The Department of Justice increasingly uses deferred and non-prosecution agreements to resolve corporate misconduct. The AGs ask Congress to redirect these deposits to the Fund. In 2018 and 2019, recoveries resulting from these agreements were about $8 billion each year.

• Increase the rate of federal reimbursement to states for victim compensation programs: The Fund currently reimburses state programs that provide financial assistance to victims at a rate of 60 percent, the remainder usually being funded by fines and fees in state courts. The letter recommends Congress reimburse state programs at a rate of 75 percent.

• Extend the amount of time VOCA funds can be spent: VOCA requires recipients to spend grants within a four-year period. The coalition asks Congress to extend the period of funding so that state and local organizations can better plan and predict funding for long-term services.

Joining South Carolina in this Massachusetts and Montana-led letter are state and territorial attorneys general of Alabama, Alaska, American Samoa, Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Florida, Georgia, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, the U.S. Virgin Islands, Washington, West Virginia, Wisconsin, and Wyoming. The National Association of Attorneys General (NAAG) played a key role in facilitating this letter.

You can read the letter here.