The Territory of American Samoa at this phase is cautiously conducting legislative research in preparation to enact a local law for the feasibility of victim compensation benefits and eligibility requirements. Accordingly, all territorial victim assistance programs both public and private have always been geared and focused towards the prevention, treatment, and legal-advocacy services for all local victims of crime. The main concern for American Samoa are the ?pros and cons? when this tentative local Victim Compensation program is presented for future public hearings; another barrier is its general commitment for adequate funding-decisions and matching appropriations over other fiscal priorities, and also criterias for territorial compliance. 





     There are presently no victim compensation benefits available in American Samoa to aid crime victims. The local courts do not assess any victim assistance or victim compensation fees in sentencing. The only financial recourse available to crime victims here is through court ordered restitution if a defendant is placed on probation. Consequently, if a defendant is sentenced to a straight jail / prison sentence, the courts will not order restitution even if the defendant agrees to pay it as part of a plea agreement. 

The American Samoa Government (ASG) encourages the coordination of both public and private efforts within the community to aid territorial crime victims. Public efforts to assist these local victims of crime are provided by the following governmental entities: 1) The Department of Human & Social Services? (DHSS) VOCA branches on the islands of Tutuila & Aunu?u, and also the remote Manu?a group (Olosega, Ta?u, & Ofu); the Child Protective Services (CPS); the Crisis Intervention Unit (CIU); the Victims of Crime Advocacy (VOCA) Unit; and the Prevention Unit within the Social Services Division (SSD). 2) Both of the L.B.J. Hospital?s Emergency Medical services (EMS) and Medical Social Services (MSS). 3) The Department of Legal Affairs? (DLA) Office of the Attorney General (OAG). 4) Office of the High Court?s Chief Probation Officer. 5) The Department of Youth & Women?s Affairs? (DYWA) Office for Women?s Affairs (OWA). 6) Office for Legislative Programs. 7) The Department of Public Safety?s (DPS) Domestic Violence & Sexual Assault (DVSA), and Juvenile Delinquency Units. Private efforts are spearheaded by the Catholic Social Services (CSS) and the American Samoa Coalition Against Domestic & Sexual Violence (ASCADSV). 





     Throughout the years, VOCA funded staff participate in concerted efforts with the CSS and the ASCADSV as well as with the DPS and AG Office?s and other faith and community based organizations to heighten the awareness of domestic and sexual violence victims and the importance of prevention and collaboration in American Samoa. We have coordinated and participated in various workshops, village presentations, television and radio talk-show appearances, and informational booths talking about domestic and sexual violence. A talk line set up by the ASCADSV is staffed 24 hours a day, 7 days a week wherein victims can call if they need help, advice, assistance, or just want to talk. There are also plans in the works to set up safe-zones around the islands at specific times where victims can get information, report abuse, or seek advice, counseling or services. However, these non-profit groups have little resources and there is much more outreaches that should be done within our island community.   

Legal assistance are provided and coordinated by the territorial Office of the Attorney General (OAG) for Federal Crime Victims (FCV). However, the closets Federal Court to American Samoa is in the State of Hawaii. Few crimes are prosecuted at the federal level, and those usually involve white collar crime or human trafficking.  

The solely designated State Administrative Agency (SAA) for the Victims of Crime Act (VOCA) is the ASG?s Criminal Justice Planning Agency (CJPA). The following VOCA subgrantees receive funding: 1) The Social Services Division?s (SSD) of the Department of Human & Social Services (DHSS) Tutuila & Aunu?u and remote Manu?a group VOCA branches. 2) The Department of Legal Affairs? (DLA) Office of the Attorney General (OAG). 3) The L.B.J. Hospital?s Emergency Medical Services (EMS). As the SAA, the CJPA monitors and evaluates the four VOCA subgranted crime victim assistance programs. CJPA?s subrecipient monitoring process includes: a) Monthly scheduled and/or un-announced on-site visits by assigned VOCA Program Specialist; b) Weekly telephonic follow-up to each subgrantee; c) Compiling and in-depth review of submitted monthly progress reports. During each site visit, subrecipients are required to provide updated programmatic records of direct victim services offered; time cards and attendance records for each staffer whose salary is fully compensated through VOCA subgranted funds. If subgrantees do not come into compliance with the CJPA?s monitoring procedures and/or programmatic policies, that particular subrecipient?s subgrant award is placed on hold until all discrepancies are satisfactorily resolved. The evaluation for each of the four subgrantees by the CJPA is based upon direct victim-services rendered to the targeted population to ensure goals and objectives of each program are achieved and acceded. Off-island training, conferences, and workshops are offered to each subrecipient to instill better skills and expertise for their personnel?s line of work. CJPA also requires that all purchases and expenditures incurred by each subgrantee are pre-screened for approval to further ensure proper compliance with Federal mandates. 





     When VOCA funded staff respond to a report of violence, an in-take form is immediately filled out and an initial assessment follows. The assessment includes a visual observation of the client, ascertaining background information, listening and looking at how or what ways we can be of services. This assessment can also include a visit to the home to check-up on the safety for the victim and family members, and to acquire what the immediate needs may be so that we know where we can begin to give support. VOCA funded programs are monitored and evaluated by the immediate supervisor with a random check from the branch manager and/or assistant director by the respective quality control division. This evaluation is conducted on program files. This evaluation also helps us to be in compliance as well as points out areas that could use improvements. VOCA funded staff receive training from their immediate supervisor, branch manager and/or assistant director. Training includes documentation, crisis counseling, filing out program forms, conducting family group meetings and client interviews, assessing safety in the home/family. VOCA funded staff attended past NOVA conferences and look forward to attending other annual off-training conferences that support victims of crime.    

Listed are some of the numerous activities that VOCA funds were continuously utilized to assist crime victims within the Territory: 1) Victim transportation and support services were provided by the L.B.J. Hospital?s Emergency Medical Services (EMS). 2) Ongoing counseling services through the Social Services Division?s (SSD) within both VOCA funded branches; Child Protective Services, Crime Victims Advocacy, and Prevention Units. 3) Temporary shelter available for safeguarding all local victims of crime within the SSD?s Crisis Intervention Unit (CIU). 4) The Attorney Generals? Office?s (OAG) victims? legal aid and advocacy services coordinates the Victims? Rights & Witnesses Assistance (VRWA) program.





    VOCA funds have procured quarterly stationery supplies, necessary office equipments, paid for off-island training travel, for other relevant victim services and contractual expenses, vehicles for program use to transport clients from home, to the police station, hospital, legal services, the court, shelter and main office to make a report and receive counseling services. VOCA funds have supported local staff with assisting victims to file a report at the police station, accompany them in court, speak on their behalf when they cannot or are too embarrassed, and transport them to the hospital when they need medical attention but are not willing to go by themselves.

American Samoa continues to raise the issue on the impact of the ?Fa?a-Samoa? or traditional Samoan way of living in regards to services assisting and/or the concept of compensating victims of crime. The Samoan culture is deeply rooted on having ?mutual respect for one another, especially to the honored Elderly and also to the revered Female counterpart? for their life-giving powers likened to Mother Earth. This sacred respect is continuously fostered and entrusted amongst extended family members, and directly between the relationship of the parents and their children. The issue on the impact of the Samoan culture and the existing laws and victim-centered services being instituted throughout the local community was an enduring debate within this U.S. Territory. This is because the proud Samoan heritage thrives through its extended household members and authority-figures being keenly responsible with providing guidance to the younger generation. The majority of Samoan people have come along in adapting and coping to new legal and social progresses expected in life.  Furthermore, other ethnic groups have immigrated to our island-community, bringing along more adverse social and legal problems within these emerging pockets of underserved populations. 





      Community outreaches and offender treatment in domestic and sexual violence is essential and there is a huge need for educational and informational training in crime victim services not only for the general public, but for improved law enforcement services. Although our territory has a formal ?pro-arrest, pro-prosecution? policy, the reality of the situation is that many police officers actually take a ?counsel and release? course of action. This results in victims being further isolated and in turn being re-victimized. Despite court orders instructing defendants to stay away from their victims, for instance in domestic violence situations, the defendants or his family members always seek out the victim to influence or convince her that he?s remorseful. Batterers often use their money as a form of control over their spouses and children, and this is more so the case in American Samoa where more often than not the husband is the sole financial support for the family.           

This SAA is only allocated five percent (5%) from the Victims of Crime Act (VOCA) to administer this annual Federal Grant. This administrative subgrant cover portion of the assigned CJPA ? VOCA Program Specialist?s salary, procure quarterly stationery materials and supplies, pay off-island travel costs to attend seminars and/or training conferences, and other anticipated miscellaneous expenses. This administrative fund has continued to improve efforts by the CJPA to monitor and evaluate progress been put forth by its current four subgrantees. 





     In the past 24 years, VOCA funds have been used for administration and personnel costs, set up and sustain 4 local programs, print programmatic support materials disseminated at various local workshops, conferences, and village-outreach presentations. VOCA funds are very important and useful to support victims that, for the most part, seem to be silent, embarrassed, and afraid to come forth.