Type:Final

Date:05/31/2010

Report:Tab 8 2010 Interim report VCAP 2009 (10).doc

Table of Contents

2009 Recommendations

Preface 3

Laws and Policies 3
Background 3
State History 3
Proposed Legislation 4
Joint Sunset Committee Review History 5
Mission 5
Powers and Duties 5
Audit 6
Administrative Procedures Act 6
Freedom of Information Act 6
Federal Laws, Interagency Agreements, Judicial Decisions, Memoranda of Understanding and Executive Orders 7

Organization 8
Policymaking Structure 8
Board Roster 9
Meetings 9
Board Member Training & Compensation 9
Removal of a Board Member 9
Other States 9

Proposal by Governor Elect Markell for Delaware Office for
Victims of Crime 11

Staff 11
Staff Hiring and Training 12

Performance 12
Accomplishments 12
Challenges 13
Opportunities for Improvement 13
Internal Performance Measures 14
Coordination of Services with other Agencies 14


Penalty Assessment 15

The Victim Compensation Fund 15

Claims and Compensation 15
Compensation 16

Public Information 19

Fiscal 19


2009 Recommendations for the Violent Crimes Compensation Board
The Joint Sunset Committee voted to terminate the Board UNLESS certain modifications are made by legislation within a specified period of time to reorganize the Board. As such, the Joint Sunset Committee will continue its sunset review of the Violent Crimes Compensation Board into the year 2010. The Joint Sunset Committee issued the following Recommendations:

Board Structure



The decision making would be made by the staff with oversight/approval by Executive Director.

The Executive Director would perform program management, claim decision making, oversight of process, and staff supervision.

Allow Executive Director to make emergency authorizations for compensation.

Reconsideration stage at the paper level to allow staff/Executive Director to reconsider new information for a claim without the need for the victim to appear before the Appeals Board.

The role of the Board would become that of an Appeals Board.

The current Board members would serve out their existing term and continue to receive statutory compensation. Upon expiration of term, compensation would be $100 per day.
a. Upon expiration of existing member terms or vacancy, the Governor would be encouraged to appoint Appeal Board members to comply with the following:
(3) members that represent the medical, mental health and law enforcement fields and
(2) members at large.

The Appeals Board shall include members from all 3 counties and the City of Wilmington.

Members of the Appeals Board shall be confirmed by the Senate.

Establish an Advisory Council with VCCB staff and key members of both state and local government, advocacy groups, victim related task forces, medical, mental health and law enforcement fields to be appointed by the Governor. This Advisory Council would work to provide accountability, suggestions for improving services, and guarantee a flow of information to the public on both accessing compensation and the application process.

Members of the Advisory Compensation Assistance Program Advisory Council shall be appointed by the Governor and shall include the following 11 members:
The Attorney General or his/her designee;
The Chairperson of the Victim’s Rights Task Force or his/her designee;
One member of the medical profession;
One member of the mental health profession;
The Chairperson of the Domestic Violence Task Force or his/her designee;
The Chairperson of the Sexual Assault Network of Delaware or his/her designee;
One law enforcement police based advocate ;
One member of the public from the City of Wilmington; and
Three members of the public, one from each county.

Place the VCCB under the auspices of the Department of Justice.

Place Appeals Board, Executive Director and staff under a Division Director.

Change the physical location of the VCCB offices to be housed within the Department of Justice.

Enactment dates:
Establish July 1, 2009 as the date upon which the VCAP will be placed within the DOJ.
Legislation drafted to create the Advisory Council on July 1, 2009 and allow for the appointment of the 11 Advisory Council members by the Governor.
Legislation to provide for the effective date for new process and procedures under VCAP to be 30 days after enactment of the bill.
Upon the effective date all new and pending claims will be processed through the newly established VCAP.
The Executive Director and staff will serve as support for the Advisory Council and will continue as support for the Board, which will be an appellate body.
The DOJ and current Board will arrange for movement of office between July 1, 2009 and Oct. 15, 2009.
DOJ victim service staff and the current VCCB staff will coordinate efforts to provide intake person in all 3 counties, until such time as VCAP staff are available to work on a regular basis in Kent and Sussex.

Rename the entity the “Victims Compensation Assistance Program”.

B. The Executive Director Shall:
The Executive Director shall develop a more efficient method of tracking and receiving payment of 18% surcharge and court restitution. The process needs to be consistent and trackable. The Executive Director shall report back to the JSC in the Progress Report regarding the progress of this recommendation.

C. The Victims Compensation Assistance Program shall:
1. Continue to promulgate rules and regulations new/revised pursuant to the Administrative Procedures Act.

VCAP shall provide the JSC with a status update of the pilot program with the Office of Court Collection regarding payment of restitution and the 18% surcharge.

VCAP shall provide the JSC with recommendations as to how to address the lack of technology and the need for better accounting procedures.

VCAP shall develop a new automated client claims tracking system which replaces the current access data base and has the ability to communicate with the states accounting system (DFMS) to verify that the checks have been issued accurately and timely to pay the approved claims.

Develop more training programs and training opportunities for the Board and staff.

The process must be more user friendly to ensure that victims are not further traumatized by a process that is supposed to help them.

Improve and increase outreach. Update brochures, offer workshops, forums and meetings.

Clarify the application process and covered benefits to make them easier to understand.

Improve the Board’s website to include notices/agendas, access to meeting minutes and a user friendly description of application process and covered benefits.

Post meeting notices/agendas on the State online calendar of events.

Make the victim compensation claim form available on the Board’s website.

Explore the option of allowing a victim to file a claim for compensation electronically.

Delete the notary requirement on the application.

Implement a customer service survey card.

Clarify what is policy and what is a regulation.

Create a policy and procedure manual to include, but not be limited to: regulations, internal operations procedures and the policies used to make awards to victims.
Once complete, share this manual with the advocacy community.

D. Statutory Changes
Rewrite the governing statute in its entirety.

Delete statutory language establishing terms for the initial Board.

Amend Section 9004. Functions of the Board.

Amend the statute to remove the Vice-Chair position.

E. Action by the Advisory Council
The Advisory Board shall review this issue and report back to the JSC in the Progress Report. Provide flexibility regarding the 72 hour rule AND the “one year” rule needs to be given to victims of domestic violence. Physical, emotional and sexual abuse usually happens over a period of time before a woman has the courage to report it. There are also women who may make a report but refuse to sign the police report out of fear of retaliation by offender, fear of losing their only support, and death threats to them or their family. Perhaps this could be explained on the new Mental Health form, if there needs to be special exceptions to victims of abuse.

The Advisory Board shall establish a time frame in which a decision must be made after receiving the application and mental health form. The Advisory Board shall report back to the JSC in the Progress Report with regard to this recommendation.

Section 9002 and specifically 9002 (7) should be reviewed for clearer language regarding the benefits.

Additional language regarding the dollar amount or length of the benefit should be included in legislation or in new regulations.

Section 9006 a (4) and a (5) should also be reviewed in the context of new legislation. Many states have filing deadlines which are either two years or more or they have more flexible standards for the staff to waive the one year filing deadline. Section 9006 (a) (5) is another current barrier which needs to be looked at especially for sexually and physically abused children and victims of domestic violence. The 72 hour police report requirement is a barrier in some cases which the staff should be able to waive or the new legislation should have a more liberal time frame and also clear exceptions. (When DFS is involved or Family Court) Victims of domestic violence are a good example.

9007 (d) should be reviewed in light of other states maximum payment limits and given the Compensation Funds current balances. Many states have a benefit limit over $25,000. This should be discussed with the new legislation and new model.

9007 (d) should be looked at to clearly define what is permanently and totally disabled in light of being the payer of last resort and should require the victim to have applied to DOL Social Security of SSI and /or SSDI.

Review Section 9019 regarding forensic medical exam with input from the hospitals and the SANE nurses to ensure the language is still appropriate to cover payments of the SANE exams.

Amend §9003(f) to clarify which motor vehicle offenses involving alcohol or drugs, injury, and leaving the scene of an accident would be covered under the statute.

The current enabling statute allows the Board to deny any claim, regardless of merit.
AG Opinion stating the Board may disregard drug possession if the amount seems like personal use and is not the cause of the murder.

Define the next of kin as victims in a murder. Even a gun carrying drug dealer may have law-abiding, hardworking next of kin. These next of kin are ineligible for funeral benefits.

Change the Board policy that the victim must submit 6 paystubs received prior to the victimization.

Simplify the process for awarding mental health claims. Establish this process through Rules and Regulations.

The Board's proposed regulation to only pay "mental health provider claims at 80% of charges" is inconsistent with its legislative mandate to pay "expenses actually and necessarily incurred", not an arbitrary percentage of actual expenses.
a. Mental health claims are paid at 80%. Mental health parity laws require equality between mental health and substance abuse coverage and all other coverage.

The proposed regulations impose a cap on adult mental health counseling which is not authorized in its enabling statutes.

Reconsider the requirement that victims are required to write personal letters to the VCCB relaying their specific traumatic events as part of the application process.

New regulations should clearly explain the requirements and dollar limits, if any, for the major benefits.

Once the regulations are promulgated, a user friendly victims service manual should be developed using a 6th grade reading standard like the Pennsylvania victims service manual.

The Board does not have the definitive policies/procedures in place to handle the volume of claims and/or emergency situations.

Revise the timelines for appeals, request for information and claims processing.

Reconsider the Board’s policy regarding combining all funeral claims. The former process was to consider benefits for cemetery costs and grave markers individually.

Review the policy regarding lost wages .. use examples from other states like Pennsylvania and South Carolina to make it a simpler application process. Most states have a provision for staff to award lost wages for less then two weeks based on police reports and employer questionnaires. For lost wages after two weeks a doctor’s report is also needed. Once it is clear that there is no other payer for the lost wages, the Compensation agency pays lost wages using the states worker comp rates, or 2/3 of the gross pay based on employer form or some use calculation which is more like 85% of gross pay. The staff also has the authority to request more payroll information if needed or to request W-2 if self employed.

Review the VCCB’s policy of granting only the security deposit and the difference between the amount of the new rent and that which was paid at the old address.

Provide 100% coverage for the emergency room examination for victims of sexual assault. Create a three tiered system for the short form. Tier one is the basic sexual assault forensic examination. Tier two would include the forensic examination, plus additional diagnostic testing. Tier three would include all of the above, plus hospitalization costs. The goal is to make the process user friendly and less convoluted for the victim.


The State Council for Persons with Disabilities (SCPD) has reviewed the Delaware Violent Crimes Compensation Board's proposal to adopt new regulations covering mental health and funeral/burial expenses published as 12 DE Reg. 1150 in the March 1, 2009 issue of the Register of Regulations. SCPD has the following observations.

First, the numbering of the new regulation is inconsistent with the numbering of final regulations adopted in the March issue of the Register of Regulations, 12 DE Reg. 1193. The latter regulations include a §26.0 which covers burial awards. The proposed regulation does not repeal the existing §26.0 but creates a new §26.0 covering mental health counseling.

Second, in §26.1.2, the word "affect" should be "effect".

Third, §26.1.1 imposes a cap on mental health counseling of $7,500. Moreover, §26.1.4 recites that the "Board pays mental health provider claims at 80% of charges." There is arguably some "tension" between these limitations and the enabling statutes.

A. Title 11 Del. C. §9002(7) defines "pecuniary loss" as "expenses actually and necessarily incurred", not 50%, 60% or 80% of the actual expenses. Moreover, to the extent that an "80%" limit is not applied to "physical health" claims, the regulation may violate the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.

B. The Board can establish a maximum cap on mental health expenses pursuant to Title 11 Del. C. §9020 for children. Apart from the general $25,000 and $50,000 caps in Title 11 Del. C 9007, there is no explicit authorization to impose a cap on mental health services for adults. Indeed, the absence of a cap in Title 11 Del. C. §9002(7) suggests that the Legislature envisioned no cap on mental health services other than the overall $25,000 and $50,000 caps. See also Title 11 Del. C. §9002(7)f which explicitly excludes "counseling" from a $1,000 cap on reasonable expenses for secondary victims.

Fourth, §26.2.1 is misnumbered as "23.2.1. It contains a definition of "victim". SCPD recommends deletion since §2.0 already contains a definition of "victim" applicable to the entire Part 301 regulation. Moreover, the definition in §23.2.1 is not co-terminus with the definition in §2.0. The former section defines a victim as someone injured or killed during the commission of any crime while §2.0 and Title II Del. C. §9002(10) limit a "victim" to someone injured or killed by a crime "as defined in this chapter".

Fifth, §26.2.2 contains a definition of "secondary victim". SCPD recommends deletion since §2.0 already contains a definition of "secondary victim" applicable to the entire Part 301 regulation and the definition in §26.2.2 is not co-terminus with the definition in §2.0. The former section includes a "latch-key child" which is omitted from the latter section and Title 11 Del. C. §9002(9).

Sixth, §26.2.3 contains a definition of "child". It should be deleted since §2.0 already contains a definition of "child" applicable to the entire Part 301 regulation. See also §26.4.1 which cross references the definition of "child" in §2.0.

Seventh, in §26.3.2, substitute "its" for "their" to correct use of a plural pronoun with a singular antecedent.

Eighth, in §26.6.4, second sentence, substitute "are" for "is".

Ninth, §26.4 is inconsistent with §25.1 of the regulations adopted at 12 DE Reg. 1193 (March 1, 2009) since the latter omits "Licensed Mental Health Counselor". The Board may wish to prospectively amend §25.1 to include a reference to "mental health counseling".

Tenth, §29.1 imposes an $8,500 cap on funeral and burial expenses. SCPD questions the Board's authority to impose such a cap. The enabling statute [Title 11 Del. C. §9002(7)] defines pecuniary loss as including "funeral and burial expenses" and, while caps are legislatively imposed on certain expenses, they are not imposed on" funeral and burial expenses." See Title 11 Del. C. §9002(7)a-I. The legislative intent is ostensibly to impose no arbitrary cap but only the general $25,000 cap [Title 11 Del. C. §9007(d)].

Eleventh, §29.1.4.1 is odd. It suggests that mental health counseling is considered part of funeral/burial expenses for secondary victims. However, mental health counseling is not included in the list of "permitted expenses" in §29.1.2. Moreover, the enabling statute ostensibly rejects imposition of a cap on counseling services for secondary victims where the primary victim has been killed. See Title 11 Del. C. §9002(7)f By including such expenses in §29, they would be subject to the $8,500 cap imposed by §29.1.1.


F. The Joint Sunset Committee shall:
Send a letter to the Governor asking him to not move forward with reappointing any VCCB members whose term expires or who resigns before the JSC process is completed.

Epilogue language of FY’08 Budget Bill included language which reallocated funds from the Violent Crimes Compensation Board to the Office of the Attorney General to fund family violence programs in Kent and Sussex Counties. Send a letter to the Chairs of the Joint Finance Committee, Russ Larsen and Mike Morton from the JSC requesting that the JFC add New Castle County to the epilogue language this year.
Section 51 of the FY 2009 Budget Act on page 112.
1 Section 51. (a) Notwithstanding any other provisions of the Delaware Code to the contrary,$655.0 shall be transferred from the Victims Compensation Fund for the following purposes: $230.2 ASF shall be transferred to Contractual Services in the Office of the Attorney General (15-01-01) to fund family violence services in Kent and Sussex counties; $273.8 ASF Victims Rights in the Office of the Attorney General; and $151.0 ASF Contractual Services in the Department of Correction, Community Corrections, Probation and Parole (38-06-02) to support a community restorative justice program in New Castle County.
(b) It is the intent of the General Assembly and the Administration that the funds identified in subsection (a) shall be established in the base budget appropriations within the respective departments in the Fiscal Year 2010 budget.



17
JSC Interim Report
Victims' Compensation Assistance Program May 2010

3
JSC Interim Report
Victims' Compensation Assistance Program May 2010

Preface
It is important to point out that the Violent Crimes Compensation Board is currently undergoing a reformation. The current Executive Director has held that position since May 2008. The Board, Executive Director and staff are aware that changes need to be made.

Laws and Policies
Background
In 1988, Congress amended the 1984 Victims of Crime Act (VOCA) and established the Office for Victims of Crime (OVC). OVC is a federal agency within the Office of Justice Programs, U.S. Department of Justice. OVC was established to provide leadership and funding for victim compensation and assistance programs across the nation. “Funding for OVC’s programs comes from the Victims Crime Fund, which was established by VOCA to support victim services and training for advocates and professionals. Fund dollars are derived from criminal fines, forfeited bail bonds, penalties, and special assessments collected by Federal Courts, U.S. Attorneys’ Offices, and the Federal Bureau of Prisons from offenders convicted of federal crimes.” http://www.ojp.usdoj.gov/ovc/publications/factshts

State History
In 1974 the General Assembly established the Victim’s Compensation Fund. This Fund was established to provide a method of meeting the additional hardships imposed upon the innocent victims of certain crimes, by indemnifying those persons for enumerated losses sustained as a result of those crimes. Funding for the Fund is generated by a surcharge on fines and penalties imposed by the Courts. A substantial amount of federal funds are also provided through programs pursuant to the federal Victims of Crime Act. 42 U.S.C. Chapter 112

The original bill also created the Violent Crimes Compensation Board (Board). The Board manages the funds, receives and reviews application, and makes determinations regarding the awarding of compensation. JSC Initial Questionnaire, pg. 4 The Board and its staff are considered a separate agency within the Administrative Office of the Courts.

The following amendments have impacted the Board's development: JSC Initial Questionnaire, pg. 4

The percentage assessment was increased from 10% in 1974; to 15% in 1982; and to the present 18%.
The maximum award payable (except in cases of permanent total disability) was increased from $10,000 to $20,000 (1984) to $25,000 (1989).
The compensation paid to Board members increased over the years from $1000 to $5000 (1990) and in 2000 compensation was increased its current level $10,000, with the Vice Chair receiving $11,000 and the Chair $12,000.
The authority under §9004 to hire Board staff has increased from five to six (1988) to eight (1990) employees.
The scope of the Board’s authority was extended to cover scarring, disfigurement, and mental suffering (1986); and to cover Delaware residents victimized in other states (1988).
In 1989, the statute was expanded to cover acts of delinquency committed by juveniles, and to require adjudicated juveniles to pay the assessment to the Fund.
In 1993, the definition of “pecuniary loss” was expanded to allow limited claims by “secondary victims” – close relatives of a crime victim.
Reimbursement for the cost of forensic examinations of victims of sex offenses was added in 1995.
In 1998, the amendment provided for expedited payment for counseling and psychological assessment of child victims.
Statute was amended to ensure that crimes were reported to the police in a timely fashion (1986), and to limit the reopening of claims, and bar compensation in the case of suicide and participants in illegal drug activity (1991).
A provision on Board conflict of interest was added in 1985.
There have been substantial revisions of the Act in1976, 1992, 1998, 2000, and 2004. The law was also amended to create partial exceptions under FOIA, to limit access to Board investigative files, and to allow closed hearings in sensitive cases.
The statute was recently amended to include coverage for offenses involving sexual assault, additionally the statute was amended to provide an exception to the one-year filing requirement in the case of child victims of such crimes.

The General Assembly periodically adjusts the amount of the Fund balance that may be carried over from one fiscal year to the next. At present, per statute, any unencumbered balance in the Victim Compensation Fund in excess of $6,000,000 on June 30 is transferred to the General Fund. JSC Initial Questionnaire, pg. 5 and 11 del. C. §9012(b)

Proposed Legislation
The following is a list of recently proposed legislation: JSC Initial Questionnaire, pg. 6

SB 14 (144th General Assembly, died in the Senate Finance Committee). This bill extended compensation to property losses up to $2,500 per claim, with an overall annual ceiling of $500,000 on such claims. Previous attempts to extend the coverage of the Fund to property crimes have been defeated. The Board does not support this legislation.

HB 63 w/HA1 (144th General Assembly, died in House Judiciary Committee) .This bill would allow victims to seek compensation for counseling, personal safety, and costs of attending proceedings, where a “cold case” is reopened for prosecution, a convicted offender is released on parole, or a conviction is reversed on appeal or upon a motion for post-conviction relief. Victims would also be eligible for such compensation in conjunction with a penalty hearing and execution of the offender in capital murder cases. The Board supported this Bill.

HB 371 w/HA 1 (144th General Assembly, signed). This bill amended the statute by adding the offenses of sexual assault and sexual abuse and provides exceptions for the reinvestigation of cases involving child sexual abuse by an adult. The bill also established procedures to allow for the provision of psychological services for victims who were minors at the time of the offense. The Board supported this legislation.

The Board has drafted legislation to amend §9003(f) to clarify which motor vehicle offenses involving alcohol or drugs, injury, and leaving the scene of an accident would be covered under the statute.

Joint Sunset Committee Review History
A review of the Joint Sunset Committee’s review history reveals that the Board nor the Victim Compensation Fund has ever been reviewed by the JSC.

Mission
Statute provides that it serves a public purpose, and is of benefit to the State, to indemnify those persons who are victims of crimes committed within the State or Delaware victims of terrorist acts. 11 Del. C. § 9001 The purpose of establishing the Violent Crime Compensation Board and the Fund is to financially assist those persons who have sustained physical or psychological injury as a result of violent crime. Compensation is awarded to victims violent crimes to cover crime related expenses which includes medical, lost wages, funeral, moving and relocating to victims of domestic violence, mental health counseling and other benefits defined in the law. VCCP 32nd Annual Report, pg. 3 Additionally, compensation is available for forensic medical examinations for victims of sexual offenses.

Powers and Duties
Pursuant to statute, the Board’s powers and duties include: 11 Del C. § 9004 and JSC Initial Questionnaire, pg. 5

Administer the Victim Compensation Fund with the sole responsibility of awarding compensation to victims of crimes;
Appoint an Executive Secretary (Director) and up to seven additional employees.
Obtain the services of other governmental agencies upon request;
Adopt, promulgate, amend and rescind rules and regulations;
Receive, investigate and act upon applications for compensation;
Publish reports and other data on its investigations and research;
Provide the Governor and the General Assembly annually with a written report of its activities and recommendations; and
Provide indemnification claim forms and specify the information to be included in such forms.

Audit
The Board has never been audited by the State Auditor, however, a site visit was conducted by the Office for Victims of Crime (OCV), U. S. Department of Justice on April 8, 2008. The OCV submitted a report which included the following Findings for Corrective Action: JSC Initial Questionnaire, pgs. 9-10

The Delaware Violent Crimes Compensation Board appears to be in compliance with VOCA and the Victim Compensation Program Guidelines. OVC offers two recommendations for the grantee to consider putting the victim compensation claim form on its web site so victims and claimants have quick access to the form. Also, the grantee should explore the option of electronic victim compensation claim filing.

Administrative Procedures Act
The Board is subject to the Administrative Procedures Act and as such promulgates rules and regulations. The Deputy Attorney General assigned to the Board performs reviews of the Rules and Regulations on an ongoing basis. The Board provided the following with regard to changes to its rules and regulations: JSC Initial Questionnaire, pg. 7

Currently, the Board in the process of proposing omnibus changes to the Rules and Regulations. These revisions include a number of changes reviewed and tentatively approved by the Board in recent years. The Board has scheduled a meeting to review the proposed changes, and for purposes of a formal vote on the proposal. These changes have been reviewed by the Deputy Attorney General as to form and compliance with the governing statute. Following the Board’s vote, the proposed changes and the public hearing date will be published in the Register of Regulations. The Board is also reviewing other states’ models, and looking to make future changes in how benefits are awarded and what information other states include in regulations. The result of this review should generate future regulatory changes.

Freedom of Information Act
FOIA mandates specific procedures for copying public records and for conducting open meetings. The Board provided the following information with regard to disclosure of information: JSC Initial Questionnaire, pg. 6

Requests under FOIA for records are subject to the exception from disclosure found at 29 Del. C. §10002(g)(14). That provision states that “investigative files compiled or maintained by the Violent Crimes Compensation Board” are not public records subject to disclosure. This is similar to exceptions for law enforcement investigative files …criminal files…and intelligence files. The exemption protects the victim’s privacy rights, and helps insure that the Board staff will conduct a robust investigation, without the risk of disclosure of privileged information.

The Board provided the following information with regard to conducting open meetings: JSC Initial Questionnaire, pg. 7

Demands for public access to Board hearings are subject to the provisions of 29 Del. C. §10004(h)(7)(a), which gives the Board authority to close its meetings, where enumerated pending or sensitive claims are to be considered. The Board may close such sessions to the public [1] where the claim derives from a criminal matter that is not yet adjudicated; [2] where the victim is a child; [3] where the accused is a child (unless the juvenile is tried as an adult); or [4] where the claim derives from a sexual offense.

Due to the nature of the Board’s work, closed sessions happen frequently, by virtue of the exceptions previously quoted. The outcome, in terms of the itemized amount of any award, is recorded in each such case. Since the Board tapes all sessions, there is a full and complete record available, but still not subject to disclosure. One common reason for closed sessions is that the criminal prosecution has not been completed at the time the claim is considered by the Board.

Notice of Board meetings/agenda are posted on the Board’s website approximately one week prior to the meeting. Notice/agendas are also posted in the Board’s office. JSC Initial Questionnaire, pg. 7 Of note is the fact that recent legislation amended the Delaware FOIA statute to provide that all public bodies in the executive branch of state government electronically post meeting notices and minutes on the designated State of Delaware website, to improve public access to such information. 29 Del. C. § 10004 The Board does not post meeting notices/agendas on the State online calendar of events.

With regard to meeting minutes, the Board provided the following information: JSC Initial Questionnaire, pg. 7

When the Board meets to hear cases and make decisions on awards, the meeting dispositions are sent to interested parties and not posted on a public website, at the present time. When the Board meets for business meetings, minutes are taken and maintained in the Board’s offices. In the past, minutes would be available upon request, unless the Board met in Executive Session. At this point Board business meeting minutes have not been put on the [Board’s] website, but could be in the future. Enhancement and additional utilization of the [Board’s] website is part of the plans for the [Board]. The public should be able to contact the [Board] office and obtain copies of minutes from business meetings, except for agenda items which are closed and handled in Executive Session.

Federal Laws, Interagency Agreements, Judicial Decisions, Memoranda of Understanding and Executive Orders
The Board is impacted by programs and provision of the federal Victims of Crime Act.

The Board has not entered into any formal memoranda of understanding or interagency agreements. Additionally, the Board is not impacted by any recent Executive Orders.

With regard to judicial decisions, the Board provided the following: JSC Initial Questionnaire, pg. 8

Any claimant aggrieved by the Board’s decision as to compensation may appeal to the Superior Court of Delaware. Over the years, the Board has been upheld by the Court on numerous occasions. Recent decisions include Cameron v. VCCB, 2008 WL 2690360 (Del. Super. 2008), in which the Court upheld the Board’s denial of compensation to the family of a claimant who was engaged in prostitution and drug offenses at the time he was killed. The Delaware Supreme Court upheld the Board’s denial of compensation to a suspect in a burglary/arson crime who subsequently sought reimbursement for moving and relocation expenses in McGinniss v. VCCB, 933 A.2d 1250 (Del. 2007). The Claimant in White v. State, 919 A.2d 562 (Del. Super. 2007) had received an initial award from the Board for medical expenses in 2005. His claim for lost earnings was denied, when he failed to submit any documentation, even after an extension of time. The Board allowed White to reopen his claim, and made additional awards in 2006. The Court upheld the dismissal of White’s belated attempt to appeal the denial of the 2005 claim as untimely, and based on his failure to pursue administrative remedies.

In Biloon’s Elec. Serv., Inc. v. City of Wilmington, 401 A.2d 636, 643-643 (Del. Super. 1979), affirmed 417 A.2d 371 (Del. 1980), the Court acknowledged the purpose of the Victim Compensation Act. “The Act is subtle recognition that although there is no personal duty between the state and a private citizen which guarantees protection from criminals, the harshness of the situation is best ameliorated by some form of statutory compensation, an idea not founded on traditional tort liability but out of moral considerations for the victims of society’s and government’s inherent limitations.”

Organization
Policymaking Structure
The Board is comprised of five members, appointed by the Governor and confirmed by the Senate. Statute does not specify any qualifications for Board members other than providing that no more than three Board members may be registered with the same major political party.

The Executive Director, as well as each Board member has the power to administer oaths, subpoena witnesses and compel the production of documents relevant to any investigation or hearing.

Statute provides that the Chairperson is chosen by the Board members. Three members shall constitute a quorum for all hearings and business of the Board, except a hearing in which the claimant has requested no more than $5,000 compensation and in that instance a quorum of the Board shall be 1 member. 11 Del. C. § 9003

The Board members serve three year terms that are staggered. Statute does not limit the
number of terms a member can serve. Currently no vacancies exist on the Board. A review of the Board indicates that one member has served for 12 years, another has served for 18 years and yet another member has served for 33 years.

Board Roster
Tom Castadi, Chairman (D) Original appt date: 10/2/1990 Expire date: 4/23/2011
Leah Betts, Vice Chair (D) Original appt date: 5/24/1975 Expire date: 5/10/2009
Vera Lynn Gregory (D) Original appt date: 7/5/1996 Expire date: 6/28/2010
Thaddeus Koston (R) Original appt date: 6/30/2008 Expire date: 6/30/2011
Stephanie Liguori (R) Original appt date: 4/16/2001 Expire date: 6/28/2010

Meetings
The Board typically meets once a week to hear cases and monthly for business meetings. For cases in which a victim is seeking compensation greater than $5,000, and for a business meeting, a quorum of three members must be present. For cases in which the compensation sought is under $5,000, one member constitutes a quorum.

Board Member Training and Compensation
New Board members and staff are required to attend training provided by other Board members and staff. Four of the current Board members have been on the Board for many years and as such, have participated in much training and national and regional conferences. The Executive Director is currently interested in developing more training programs and opportunities for the Board and staff members. JSC Initial Questionnaire, pg. 12

Board members are paid $10,000 annually, however, the Chairperson receives $12,000 annually and the Vice Chairperson receives $11,000 annually.

Removal of a Board Member
There is no statutory provision for the removal of Board members.

Other States
All crime victim compensation programs share a common goal of assisting as many eligible victims as possible through fair, consistent and timely application processing and decision making.

According to the National Association of Crime Victims Compensation Boards: http://www.nacvcb.org/articles/Overview

Programs obtain their funding from a number of different sources, but the states can be divided into two basic categories: those that receive the bulk of their funding from fees or charges that offenders pay, and those that depend on general-revenue appropriations from legislatures. More than four-fifths of the states are in the first category, gaining most of their income from offenders; in fact, in a large majority of states, no tax dollars are involved at all in either the administration of the program or in the awards given to victims.

There are a variety of methods that states use to award this money to victims and to pay claims. The follow information is from the National Association of Crime Victims Compensation Boards:

There are currently 23 state agencies that use the model where the state agency administrator and staff make the decisions about financial awards to victims in compliance with their state law and regulations and federal VOCA guidelines. These are agency administered programs and do not use Board members to make award decisions or hear appeals.

Eight states have a special compensation Board which hears appeals only. The staff makes the decisions regarding awards and the Board hears appeals based on a benefit denial.

Thirteen states [including Delaware] have a Board that makes all the benefit decisions. One of those thirteen states has the Board ratify staff decisions.

Five states have a model where the administrator and the Board share decision making, many times using a financial cutoff point. For example, in Minnesota most claims are reviewed and approved by staff; only cases with substantial eligibility are considered by the Board. In North Carolina the Director is authorized to make final decisions on applications for amounts not exceeding $7500. Applications for amounts $7500 and above are decided by the Board.

Two states use a Court of Claims to make all decisions.

There are also variations among the state agencies regarding where they are located in state government. Fifteen states have their victim’s compensation programs within the Department of Justice or Attorney Generals office. Ten agencies are located within the states criminal justice planning department in the Executive branch of government. Eight states have an independent agency like Delaware’s agency. (Alabama, Delaware, Hawaii, Kentucky, New Jersey, New Mexico, New York, Vermont)

Three states are part of workers compensation agencies. Three states are part of Claims Court.

The State of Pennsylvania agency is located as part of the Pennsylvania Commission on Crime and Delinquency, Office of Victim Services in the Executive Branch of state government. Professional staff makes decisions on awards and process the claims for payment using an automated case management system. Appeals are handled by staff attorneys.
Proposal by Governor Elect Markell for Delaware Office for Victims of Crime
During the 2008 campaign for Governor, Jack Markell issued a Public Safety and Crime Prevention Plan. In this Plan, Governor Elect Markell proposes establishing a Delaware Office for Victims of Crime. Below is an excerpt from that Plan: Jack Markell, Democrat for Governor, Public Safety and Crime Prevention Plan, pg. 5

… Most importantly, we should protect the rights of a crime victim to be notified of and present at all critical stages of the criminal justice process, the right to confer with prosecutors prior to the disposition of a case, the right to provide a victim impact statement at sentencing, the right to receive victim compensation and restitution, and an ability to enforce their rights if violated. I will increase awareness efforts to make sure that victims have the opportunity to seek the compensation they deserve from the Violent Crimes Compensation Board.

Crime victims should also have an advocate in state government, a “one-stop shop” for victims’ rights and services. Although crime victim-assistance programs are funded through the Delaware Criminal Justice Council, this agency provides few direct services to crime victims. Meanwhile, the state’s victim compensation program operates in an entirely different branch of government – the judiciary – while the Attorney General’s Office, a number of law enforcement, courts, and correctional agencies operate victim witness programs. Just as the federal government has done, along with numerous other states, I would seek to develop a Delaware Office for Victims of Crime. This centralized office not only would be responsible for the administration of state victim assistance and victim compensation funding and violence against women grant funds, it also would develop policies and programs to aid crime victims and support the work of victim advocates throughout the state. Both of these measures – stronger victims’ rights and the creation of a crime victims’ office – combined with better efforts to reduce crime and victimization, will help Delaware have a criminal justice system that is more fair and balanced and improve services to crime victims.

Staff
The Executive Director is a non merit position and serves at the pleasure of the Board. The Board is also supported by 7 full time merit position staff members. The HR manager for the Administrative Office of the Court provides assistance on personnel matters for the Board and staff. Currently there is one vacant position – Support Services Administrator, PG 15. Additionally, one casual seasonal worker performs the same functions as an Investigator and works up to 30 hours per week and one contract worker assists with accounting procedures and the budget.

The following positions exist:
Executive Director
(4) Full Time Investigators II
(1) Support Services Administrator
(1) Administrative Specialist II
(1) Administrative Specialist III.

When asked to highlight staff responsibilities and provide information as to what percentage of staff time is devoted to each of the responsibilities, the response indicated that “[t]he Executive Director is currently reviewing this and is making positive changes. There should be more definite information by the end of the year which can be shared with the Sunset Committee.” JSC Initial Questionnaire, pg. 13

When asked whether the Board is hindered by a lack of staff assistance, the following response was provided: JSC Initial Questionnaire, pg. 13

The new Executive Director was brought in to make positive changes and strengthen the Board’s operations including staff. Over the past year the Administrative Office of the Courts’ (AOC) HR manager has worked with the Board and staff on HR matters. The new Director is working on having the Board and the staff work together more closely on providing more effective services to victims and their families and to develop positive relationships with state and private agencies [that] also provide services to victims.

Staff Hiring and Training
Staff is recruited and hired through the Office of Management and Budget. The Executive Director works with the HR manager of the Administrative Office. New staff members receive on-the-job training and are also required to participate in other training programs. DELJIS training is required for all new staff to access the criminal justice computer system. Domestic Violence training programs are available to new staff. There are many in state seminars and conferences available to the Board and staff. One goal of the new Executive Director is to develop additional training for new staff and Board members. JSC Initial Questionnaire, pg. 13

Additionally, staff and Board members are encouraged to participate in related conferences both in state and nationally

Performance
Accomplishments
The Board listed the following as its most significant accomplishments: JSC Initial Questionnaire, pg. 9

Since 1974 the Violent Crimes Compensation Board has served as a resource for victims of violent crimes in Delaware.

The Board’s governing statute has been amended many times and new programs have been included, such as the Child short term counseling program.

The Board has followed the state legislation and the Federal VOCA guidelines closely while awarding the victims of violent crime the monies to pay for hardships imposed.

Payment for forensic medical examinations for victims of sexual offenses is now eligible for compensation.

Challenges
The Board is currently challenged by the following: JSC Initial Questionnaire, pgs.9-10

Lack of technology and automation.

The need for better accounting procedures for claims payment.

18% surcharge checks and other court restitution payments are being deposited into the VCCB state budget claims payment account. Some checks are being sent directly to the VCCB office and then deposited into the bank and then transferred into the VCCB budget. Other checks are being electronically deposited into the VCCB budget which is more efficient.

The paperwork and current procedures are outdated.

The application process and some Board procedures should be reviewed and updated.

Certain policies for the Board’s awards should be included in new Regulations.

The transition from the old fashioned way of doing business to modern office practices is a challenge for both staff and Board members.


Opportunities for Improvement
The Board indicated the following as areas for improvement: JSC Initial Questionnaire, pg. 9

The Board needs to revise the procedures for claims processing to include new technology and less paperwork. The Boards procedures have relied heavily on paper and old fashioned technology. The Board needs an automated claims tracking system which starts when a claim is filed and continues until payments are made. The Director is currently reviewing others state’s automated claims tracking systems.

The Boards offices need a client friendly call center which makes it easier to provide customer services to citizens who may need the services of the Board.

The Board website is being updated to include an on line user friendly application.

The Boards regulations, operating policies and procedures are being reviewed.

The Board is working to update the application form and improve work flow to reflect future automation and to ensure that payments are being processed accurately and timely.

The Board is clarifying the application process and covered benefits to make them easier to understand.

The Director is researching how other states award benefits to victims. When completed, the Director will propose changes to the Board.


Internal Performance Measures
The following information was provided in the response to the Initial Questionnaire: JSC Initial Questionnaire, pg. 11

The Board needs to develop a new automated client claims tracking system which replaces the current access data base and has the ability to communicate with the states accounting system (DFMS) to verify that the checks have been issued accurately and timely to pay the claims approved by the Board.

A number of providers and victims of violent crime last year were complaining that the VCCB was not paying claims in a timely fashion and not always accurately. There has been extensive work and training done to develop payment procedures which are timely and accurate and tied to the DFMS accounting system. The VCCB is charged with preparing an annual report to the Governor, State Auditor, and the General Assembly including the number of claims, the amount claimed and the amount of compensation awarded. The Federal Government has an annual reporting requirement at the end of the calendar year with reports on what money was awarded and for what programs.

Coordination of Services with other Agencies
The following was contained in the response to the Initial Questionnaire: JSC Initial Questionnaire, pgs. 10-11

The Board is a state agency under the auspices of the Administrative Office of the Courts. The Board’s new leadership has worked out a number of liaisons with state agencies so that going forward the Boards procedures include these liaisons. When the Board receives an application for benefits the Board staff determine whether there s a state police, county police or city police victim advocate worker involved, or whether there should be one. The investigator works together with the police based worker to gather the necessary information to complete the application.

Additionally, the Boards staff works with the Department of Health and Social Services to determine whether or not the applicant is covered through Medicaid. According to federal Victims of Crime Act guidelines, the Board must pay last behind other state and federal benefit programs and after any commercial health insurance which the victim has.

The Board also investigates other state benefits through the Departments of Labor including unemployment insurance, workers comp, and SSI and SSDI.

The Board staffs are also working with Family Court, especially the victims of domestic violence to determine is a PFA and other supporting documents such as the PFA petition might support the victim’s application for assistance.

The police reports are generally part of the files which the Board reviews. The Board also works closely with the Department of Justice and specifically the victim’s assistance staff. Many of the victims who apply for services are involved with the Department of Justice in the prosecution of the cases and related court procedures.

The Board receives and disburses Federal funds under the terms of VOCA, JSC Initial Questionnaire, pg. 8, and coordinates with the Criminal Justice Council, as they also receive federal VOCA grants. The Board indicated that the Criminal Justice Council has been very helpful in providing assistance regarding Federal grant and reporting requirements. The Board also has an ongoing relationship with the Delaware State Police Victim Special Services Fund, which provides emergency funding to crime victims.

The Board and its staff are working to develop closer working relationships with the police based advocates and other advocacy agencies to help victims of violent crime and their families. JSC Initial Questionnaire, pgs. 10-11
.
Penalty Assessment
In 1975, a mandatory “penalty assessment” was established, thus placing a surcharge on every fine, penalty, and forfeiture imposed and collected by the courts for criminal offenses, including traffic offenses. Over the years the surcharge has increased from the initial 10% to 15% and is currently at 18%. VCCB 32nd Annual Report 2006, pg. 7 When a fine, forfeiture or penalty is suspended the surcharge is still collected. Fines of $50 on misdemeanor sex-offense convictions and $100 on felony sex-offense convictions offset costs of forensic rape exams.

The Victim Compensation Fund
Pursuant to statute, the penalty assessment is paid to the Prothonotary or the Clerk of the Court, then sent to the State Treasurer and then sent back to the VCCB to be deposited into a revenue holding account entitled ‘Victim’s Compensation Fund.’ VCCB 32nd Annual Report 2006, pg. 7 Each June 30 any unencumbered balance in the Fund, over $6,000,000 shall be deposited into the General Fund. 11 Del. C. § 9012(b)

Reimbursements to the Victim’s Compensation Fund include court-ordered restitution, subrogation recoveries, probation interest, assessments on sexual offense convictions, and other miscellaneous revenue. VCCB 32nd Annual Report 2006, pg. 7 The Board also receives federal funds pursuant to the federal Victims of Crime Act of 1984.

Claims and Compensation
Claims must be written, notarized and accurately describe the crime and circumstances that caused the injury, damage, or death. The application must disclose the names or all persons known to have been involved, as well as the amount claimed. The Board is required to initiate an internal investigation of each claim within thirty days of filing. Upon completion of its investigation, the Board will render an initial decision on the claim, and determine whether any compensation is to be awarded.

If the applicant is dissatisfied with the Board’s decision the applicant may request a hearing before the Board. If no hearing is requested within the prescribed amount of time, the Board’s decision is final. If a hearing is requested, the applicant is afforded an opportunity to present evidence to show why the Board’s initial decision should be reversed or modified. The Board must issue a final decision within ninety days of the hearing. An applicant dissatisfied with the final decision after the hearing may file an appeal with Superior Court. JSC Initial Questionnaire, pg. 14

Compensation
A person or estate may file a claim with the Board for all pecuniary loss that were a direct result of a crime in which the person sustained personal injury or death. However, the Board is not compelled to provide compensation in any case, nor is it compelled to award the full amount claimed. 11 Del. C. § 9005(3)

Pecuniary loss in instances of personal injury shall include medical expenses, including psychiatric care and mental health counseling of the victim or secondary victims; nonmedical remedial care and treatment rendered in accordance with a religious method of healing; hospital expenses, loss of past or future earnings because of a disability resulting from such personal injury. Pecuniary loss in instances of death of the victim include funeral and burial expenses, loss of support to the dependents of the victim and mental health counseling to secondary victims. JSC Initial Questionnaire, pg. 13

A maximum of $25,000 may be awarded on eligible claims. However, victims who are permanently and totally disabled may be awarded up to $50,000. Benefits paid for funeral medical and counseling expenses and lost wages or support is included in the $25,000. The limits the Board can award as compensation are: JSC Initial Questionnaire, pg. 13 and VCCP 32nd Annual Report, pg. 6
Crime scene cleanup not to exceed $1000;
Temporary housing not to exceed $1500;
Moving expenses not to exceed $1000;
Funeral expenses not to exceed $8,500;
Up to $950 for Sexual Assault Nurse Exams;
Up to $1,200 for Child Counseling and Assessment Program;
Forensic medical examinations for victims of sexual offences;
Lost wages of parents or others charged with the care, custody or guardianship of a child victim while providing care to a child victim;
Housing related expenses, including but not limited to, mortgage, rent, security deposit, or other housing costs not to exceed 3 times the victims monthly housing cost.

Any payments the victim receives from or on behalf of the offender, from any insurer (except life insurance proceeds) or from the United States shall be deducted from the Board’s compensation award. 11 Del. C. § 9007

Statute provides that “if the victim bears any share of responsibility that caused the death or injury, the Board shall reduce the amount of compensation in accordance with its assessment of the degree of such responsibility attributable to the victim.” 11 Del. C. § 9006(c)

Statute also provides that payment of compensation shall not affect an individual’s right to recover damages in a civil action against the person convicted of the crime. 11 Del. C. § 9010(b)

Below is a chart showing claim compensation data for FY 2005, 2006, and 2007:






Delaware VCCB
Awards by Crime Type
State FYE 7/1 to 6/30
2005
2005
2006
2006
2007
2007
2008
2008
# of Claims
# of Claims
# of Claims
# of Claims
Awards from prior year paid in current
$181,406.96
$119,850.99
$35,475.12
Arson
$2,716.63
1
$10,300.35
4
$3,257.80
6
$2,240.96
1
Assault
$701,160.89
277
$1,025,622.67
252
$880,362.46
264
$1,300,802.93
299
Attempted Murder
$31,206.94
11
$9,839.90
7
$128,022.30
10
$133,583.13
9
Carjacking
$16,472.10
1
$8,701.59
3
$261.00
1
$16,167.58
2
Child Sex Abuse
$54,529.36
40
$99,149.52
47
$92,962.70
41
$186,235.61
53
Child Physical Abuse
$2,458.40
2
$0.00
$2,027.94
4
$1,559.02
3
Domestic Abuse/Spouse abuse
$117,937.48
41
$56,333.81
30
$63,449.23
46
$117,338.86
36
Domestic Assault/Sexual
$1,164.60
4
$17,101.54
20
$17,103.46
13
$38,949.55
11
DUI/DWI
$0.00
$0.00
$2,626.37
13
$70,163.08
8
DUI/Vehicular Assault
$122,442.66
19
$65,069.69
10
$49,674.70
6
-$61,266.24
5
DUI/Vehicular Homicide
$14,800.67
5
$31,756.15
8
$13,974.01
9
$27,400.00
2
Hit & Run
$28,178.36
7
$7,285.50
1
$0.00
3
$59,001.65
4
Murder/Homicide
$347,390.02
48
$348,588.52
44
$292,318.10
52
$358,274.27
58
Other
$34,498.49
57
$34,880.10
23
$5,274.93
13
$4,015.50
3
Reckless Endangering
$29,065.55
6
$7,719.02
3
$2,276.50
5
$2,393.84
1
Robbery
$55,094.06
26
$66,461.40
27
$32,051.67
31
$40,123.44
17
Sexual Assault (adults only)
$15,383.92
8
$25,020.45
6
$8,088.17
2
$3,208.80
1
Vehicular Assault
$966.28
8
$43,871.58
19
$108,340.43
5
$25,391.46
3
Domestic Homicide
$0.00
$0.00
1
$17,127.50
6
$11,736.90
3
Stalking
$4,763.92
$0.00
1
$2,504.84
3
$0.00
Total Awards Granted By Crime Type
$1,761,637.29
561
$1,977,552.78
506
$1,757,179.23
533
$2,337,320.34
519
Child Counseling & Assessment Program (CCAP)
$20,822.25
48
$57,503.50
62
$21,432.10
35
$34,419.75
66
Forensic Medical Exams (SANE)
$121,860.58
248
$173,931.19
213
$168,650.74
216
$141,515.51
208
Total Awards Authorized By Crime Type
$1,904,320.12
857
$2,208,987.47
781
$1,947,262.07
784
$2,513,255.60
793
2005
2006
2007
Appeals
11
17
20
Number of Claims Approved
481
589
714
Number of Claims Dismissed/Withdrawn/Other
80
66
71
number of applications received
561
655
785

Public Information
Pursuant to statute, the Board submits an Annual Report to the Governor and members of the General Assembly. Additionally, the Board sends out applications to agencies, hospitals and other locations that serve victims. The Board participates in a number of committees and organizations that have common missions and purposes as a way of a educating the public. In June 2008, the Executive Director and the Deputy Attorney General spoke at the Delaware Coalition Against Domestic Violence Annual Advocates’ Retreat in Rehoboth. The Executive Director indicated that public outreach will be a priority going forward and efforts will be made to speak to groups of victims’ advocates at conferences and meetings.

The Board indicated that it plans to develop additional methods of reaching out to the public and agencies that work with victims. JSC Initial Questionnaire, pg. 15

Below is a chart showing groups that are affected by the Board’s actions or groups that represent others served by or affected by the Board. JSC Initial Questionnaire, pg. 15

Group or Association Name
Contact Person
Stephanie Rensch HamiltonVictims Rights Task Force Chair
Marianne Kenville- MooreDepartment of Justice Victims Services Director
Debbie ReedDirector Victims Services, Delaware State Police

Below is a chart showing national organizations or other government entities that serve as an information clearinghouse or regularly interact with the Board. JSC Initial Questionnaire, pg. 15

Group or Association Name
Contact Person
National Association of Crime Victims Compensation BoardsDan Eddy, Executive Director
Office of Victims of Crime, Department of JusticeKisha.W.Green

Fiscal

The chart below shows the revenue collected for the fiscal years indicated: JSC Initial Questionnaire, pg. 22

Source(s) of Funds
Amount
FY 09 (budgeted)ASF
$ 3,133,900
FY 08 (actual)ASF
Federal
2,780,230
865,000
FY 07 (actual)ASF
Federal
2,338,474
720,000
TOTAL $ 9,837,604

The chart below shows the total expenditures by fiscal year: JSC Initial Questionnaire, pg. 17

Fiscal Year
Source(s)
Amount $$
FY 09(budgeted)ASF
Federal as of 8/14/08
$ 3,133,900
258,549
FY 08(actual)ASF
Federal
2,302,095
986,331
FY 07(actual)ASF
Federal
1,941,477
618,129
TOTAL $ 9,240,481

Below is a detailed breakdown of FY’09 budgeted expenses: JSC Initial Questionnaire, pg. 17

Line Item
Source(s)
Amount of Expenditures
Personnel9837
$ 465,100
Travel9840
34,000
Contractual Services9850
107,300
Supplies & Materials9860
20,000
Capital Outlay9870
6,000
Violent Crimes Grants9880
2,500,000
Revenue Refunds9881
1,500
Total
$3,133,900