Victims of Crime Act (VOCA)
Federal and state laws establish the rights of crime victims, including the right to receive restitution from offenders, compensation for crime related expenses, and services. The federal Victims of Crime Act (VOCA) provides help through the Crime Victims Fund, which comes from criminal fees, forfeitures, special assessments, and donations. The fund provides support for services to address the following needs: (1) immediate health and safety, (2) mental health assistance and support groups, (3) respite care and services for victims with disabilities, (4) credit counseling and advocacy or other special services, (5) restitution advocacy, (6) public presentations, and (7) the use of advanced technologies. Funds can also be used for training programs and publications.
VOCA supports two primary programs:
Updates:
Proposals for a victims rights amendment to the US Constitution have been attempted many times. Recent efforts include a joint resolution (H. J. RES. 93), to ensure that "crime victims have the right to reasonable notice of, and shall not be excluded from, public proceedings relating to the offense, to be heard at any release, plea, sentencing, or other proceeding involving any right established by this article, to proceedings free from unreasonable delay, to reasonable notice of the release or escape of the accused, to due consideration of the crime victim’s safety, dignity, and privacy, and to restitution. The crime victim or the crime victim's lawful representative has standing to assert and enforce these rights." For more, see Proposing an amendment to the Constitution of the United States to protect the rights of crime victims.
How you can help:
Federal and state laws establish the rights of crime victims, including the right to receive restitution from offenders, compensation for crime related expenses, and services. The federal Victims of Crime Act (VOCA) provides help through the Crime Victims Fund, which comes from criminal fees, forfeitures, special assessments, and donations. The fund provides support for services to address the following needs: (1) immediate health and safety, (2) mental health assistance and support groups, (3) respite care and services for victims with disabilities, (4) credit counseling and advocacy or other special services, (5) restitution advocacy, (6) public presentations, and (7) the use of advanced technologies. Funds can also be used for training programs and publications.
VOCA supports two primary programs:
- Victim Compensation is provided to (or for) individual victims for counseling, medical bills, and other crime-related expenses.
- Victim Assistance funds provide grants to community- based programs. States determine how VOCA funds are allocated and establish their own eligibility requirements but must follow federal regulations to receive federal funds.
Updates:
Proposals for a victims rights amendment to the US Constitution have been attempted many times. Recent efforts include a joint resolution (H. J. RES. 93), to ensure that "crime victims have the right to reasonable notice of, and shall not be excluded from, public proceedings relating to the offense, to be heard at any release, plea, sentencing, or other proceeding involving any right established by this article, to proceedings free from unreasonable delay, to reasonable notice of the release or escape of the accused, to due consideration of the crime victim’s safety, dignity, and privacy, and to restitution. The crime victim or the crime victim's lawful representative has standing to assert and enforce these rights." For more, see Proposing an amendment to the Constitution of the United States to protect the rights of crime victims.
How you can help:
- Urge your members of Congress to maintain or increase VOCA funding.
- Urge your members of Congress to join the Victims Rights Caucus and advocate for greater attention to older victims and victims of financial abuse.
Resources:
General
Resources for Serving Financial Crime Victims
Although VOCA regulations permit states to provide victim assistance to financial crime victims, few states do so. The following resources provide information on how the funds can be used to do so.
General
- What is the Crime Victims Fund? This three-minute video describes the source of funds for state victim assistance and compensation programs.
- VOCA programs by state This map, created by the Office for Victims of Crime, provides information about each state's VOCA programs.
- Victims of Crime Act Crime Victim Fund: Briefing Background. Produced by the National Association of VOCA Assistance Administrators.
- Thinking Outside the Box: Obtaining VOCA Funding to Serve Victims of Elder Abuse. American Bar Association, Commission on Law and Aging.
Resources for Serving Financial Crime Victims
Although VOCA regulations permit states to provide victim assistance to financial crime victims, few states do so. The following resources provide information on how the funds can be used to do so.
- Federal Register Provisions on the use of VOCA Assistance and Compensation funds for financial crime victims:
- VOCA Assistance: Federal Register provisions allowing funding for financial crime victim assistance
- VOCA Compensation: Federal Register provisions allowing funding for financial crime victim programs (if approved at the state level), designating financial crime victims as an underserved victim group, and defining financial counseling. Several states now allow this funding.
- Making VOCA Assistance for Elderly and Dependent Adult Victims of Financial Abuse – California’s Experience: Power point presentation by Carol Sewell, CCoA and CEJC.
- Office for Victims of Crime Resources:
- National Center for Victims of Crime Resources:
- Taking Action: An Advocate's Guide to Assisting Victims of Financial Fraud
- White Paper on Financial Abuse.
- Elder Abuse — Insight into the Victims of Crimes Act (VOCA) and Legal Aid Support. Webinar by Justice in Aging explains what legal aid programs need to understand when applying for VOCA funding to support elder justice work.