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A.
WHAT ARE THE MAJOR ISSUES, IN YOUR STATE, IF ANY, THAT HINDER VICTIM ASSISTANCE PROGRAMS IN ASSISTING CRIME VICTIMS IN FILING FOR COMPENSATION BENEFITS AND IN UNDERSTANDING STATE VICTIM COMPENSATION ELIGIBILITY REQUIREMENTS?
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Tennessee currently does not have specific new issues that are hindering victim assistance programs from assisting crime victims in filing for compensation benefits and in understanding the victim compensation requirements. OCJP policy requires that victims be informed of their right to file for compensation benefits. One exception to this might be when a client is clearly not eligible for compensation benefits. Nonetheless they are provided with a brochure explaining the program. VOCA subrecipient agencies are required to document this information in the victim?s case file. OCJP continues to verify this requirement through monitoring staff when reviews are completed. Agencies are to provide annual victim compensation training to their VOCA funded staff. The Victim Compensation Program does trainings at conferences throughout the year and technical assistance is provided by our office as requested.
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B.
BRIEFLY DESCRIBE EFFORTS TO PROMOTE COORDINATED PUBLIC AND PRIVATE EFFORTS WITHIN THE COMMUNITY TO AID CRIME VICTIMS.
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VOCA subrecipients are required to collect and report output and outcome data annually. In addition to the victim outcome data collected, subrecipients also collect collaborator data from their stakeholders related to the collaborator?s opinion of the VOCA agency?s having worked collaboratively with their agency, over the last year, to improve the condition of victims in their community. Data is collected from agencies based on the type of program funded as follows:
Child Advocacy Programs: Of the 2,365 respondents to this question, 2,190 people surveyed responded with a favorable result (92%). Specifically, 1493 responded with Strongly Agree, 697 responded with Agree, 153 responded with Neutral, 16 responded with Disagree and 6 responded with Strongly Disagree.
Comprehensive Victim Services programs: Of the 1901 respondents to this question, 1837 people surveyed responded with a favorable result (96%). Specifically, 1,109 responded with Strongly Agree, 728 responded with Agree, 55 responded with Neutral, 6 responded with Disagree and 3 responded with Strongly Disagree.
Domestic Violence Programs: Of the 6,543 respondents to this question, 6,394 people surveyed responded with a favorable result (97%). Specifically, 4,713 responded with Strongly Agree, 1,681 responded with Agree, 83 responded with Neutral, 39 responded with Disagree and 27 responded with Strongly Disagree.
Elder and Disabled Adult Programs: Of the 411 respondents to this question, 370 people surveyed responded with a favorable result (90%). Specifically, 257 responded with Strongly Agree, 113 responded with Agree, 28 responded with Neutral, 11 responded with Disagree and 2 responded with Strongly Disagree.
Legal Services Programs: Of the 835 respondents to this question, 808 people surveyed responded with a favorable result (96%). Specifically, 656 responded with Strongly Agree, 152 responded with Agree, 23 responded with Neutral, 2 responded with Disagree and 2 responded with Strongly Disagree.
Sexual Assault Programs: Of the 1,108 respondents to this question, 1,078 people surveyed responded with a favorable result (97%). Specifically, 825 responded with Strongly Agree, 253 responded with Agree, 13 responded with Neutral, 8 responded with Disagree and 9 responded with Strongly Disagree.
Victim/Witness Programs: Of the 1,053 respondents to this question, 1,011 people surveyed responded with a favorable result (96%). Specifically, 616 responded with Strongly Agree, 395 responded with Agree, 25 responded with Neutral, 14 responded with Disagree and 3 responded with Strongly Disagree.
Our overall favorability ratings (Agree and Strongly Agree) have continually been high. In the most recent data analysis, 93% of 21,028 victims responding reported satisfaction with the services they received from their OCJP-funded agency; and 95% of 5,148 community agencies responding reported improved working relationships on victim services matters
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C.
BRIEFLY DESCRIBE EFFORTS TAKEN TO SERVE FEDERAL CRIME VICTIMS, I.E. COORDINATION ETC.
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Tennessee VOCA subrecipients are aware of the requirement to provide services to victims of federal crimes. To ensure they are receiving appropriate services, this requirement is outlined in the OCJP Administrative Manual written for subrecipients. OCJP monitors continue to provide documentation of any concerns in this area. Technical assistance is provided as needed by OCJP and the Victim Witness Coordinators in the U.S. Attorney?s Office.
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D.
DESCRIBE ANY NOTABLE ACTIVITIES CONDUCTED AT THE STATE OR SUBGRANT LEVEL TO IMPROVE THE DELIVERY OF VICTIM SERVICES (I.E. NEEDS ASSESSMENTS, PROGRAM MONITORING, AND PROGRAM EVALUATION). INCLUDE TRAINING EFFORTS, AND USE OF VOCA APPROVED TRAINING FUNDS, IF APPLICABLE.
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OCJP continues to assist VOCA subrecipients in enhancing their management capacity.
OCJP works to assure that grants are awarded to agencies that can demonstrate they make a difference for victims of crime. We have continually worked with our subrecipient agencies too provide them with the tools and experience they need to manage their operations and to demonstrate their accountability. The data collected by our subrecipeints answers three questions:
1. What are we doing? (Outputs)
2. How well are we doing it (Satisfaction)
3. How is the client doing? (Outcomes)
We recognize that the combination of output, outcome and satisfaction data comprise the best picture possible of an agency?s performance. Our data is collected, compiled and aggregated to provide OCJP and VOCA agencies with information about their program performance. We have sought continually to clarify and improve the data collection process to provide improved information and identify areas continuing to need improvement. We currently collect VOCA data based primarily on seven different types of programs, namely domestic violence, sexual assault, child abuse, legal services, victim advocacy, comprehensive victim services and elderly and disabled programs. But regardless of individual differences in the outcomes between program types, all core victim outcomes collected relate to a client change in Knowledge (Know resources, rights etc.), Skills and Behavior (Coping Skills, better decisions), Attitude (satisfaction) and Condition (feel Safer). Through an understanding of their data they have the information needed to modify programming as indicated and continually improve services to victims.
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E.
INCLUDE AND/OR ATTACH ANECDOTAL INFORMATION AND INDIVIDUAL CASE HISTORIES ILLUSTRATING AT LEAST FOUR WAYS IN WHICH VOCA FUNDS HAVE BEEN USED TO ASSIST CRIME VICTIMS. (LETTERS FROM CRIME VICTIMS ARE HELPFUL.)
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DOMESTIC VIOLENCE
"Kathy", 32, arrived at our shelter in July, 2007. She was accompanied by her four children: a girl, 13, who has epilepsy; a boy, 12; a girl, 9, who is deaf; and another girl, 5, who has sickle cell anemia. "Kathy" had moved from Michigan to Alabama to escape domestic violence. She was involved with a domestic program there when she started receiving phone calls from her abuser. Fearful that he had located her, "Kathy" contacted the hotline. Fortunately, she had a vehicle and transportation to Chattanooga was not a problem.
Upon entering the shelter, "Kathy" informed us that her daughter was out of her seizure medication. Because she had Alabama insurance, the nearest drugstore was located and arrangements were made to get the medication before there were any ill effects.
Our children's advocate enrolled the children in school, and arranged bus transportation through Safe Rides. The children met weekly with the volunteer tutor. It was through this tutor that a special hardship appeal was made for her son. He is gifted and very artistic, and this tutor advocated for him to be placed either at Hixson or the Chattanooga School for the Arts and Sciences. Angela received referrals to The Partnership Deaf and Hard of Hearing Services. Often, there was an interpreter for her at Children?s Support Group. Her daughter was enrolled in Hixson, due to special programs available there.
"Kathy" located a house, and through The Times- Neediest Fund received financial assistance with the deposits. She was concerned about furnishing the house, but through Partnership donations, and community organizations such as SAFAH, and The Samaritan Center those needs were met.
After ten weeks in the shelter, "Kathy" and her four children moved into a home they could afford. We occasionally hear from her. She was interviewed during the Feed The Children Campaign, a national hunger campaign that chose Partnership to distributes food through this year. She is still in her new home, and the children are all in school.
She also served on a panel of survivors for a domestic violence training for police officers we held in July and shared her story.
SEXUAL ASSAULT
"Karen" is a woman in her late twenties. She was living with a man who viciously raped her while another person watched. Luckily, she managed to escape and immediately went to the hospital, at which time the Sexual Assault Response Team was activated. A Safe Haven Sexual Assault Nurse Examiner completed a forensic exam, collecting evidence from "Karen's" assault. A Safe Haven Advocate, also present at the exam, provided emotional support and information to the survivor. The following day, "Karen's" Advocate contacted her to check in; the Advocate continued to check in with "Karen" in the following months. "Karen" won her preliminary hearing, and then a true bill was granted at her grand jury hearing. Meanwhile, "Karen" was receiving emotional and mental support from Safe Haven; she attended free individual therapy and a weekly support group. Additionally, her advocate assisted her in applying for victim's compensation and she was granted $3,000 for her pain and suffering. After waiting nearly three years, "Karen" finally went to court for her trial this year the defendant pled guilty to rape. Currently, "Karen" is working, doing well, and is in an abuse free relationship.
CHILD ABUSE
I have been working with a young woman who was sexually molested by her adoptive father. The abuse occurred over a period of a year and a half, and only stopped when the adoptive mother walked in and discovered the abuse happening. The mother reported the abuse to the authorities immediately and both she and the daughter worked with prosecutors; however the father, who is originally from Belgium, fled the country and has never been able to be prosecuted.
The young woman has been in counseling at Oasis Center for about a year and half. This same young woman had been in my prevention group at her middle school for three years. I knew her as shy, unassuming, concrete-thinking youth. She was essentially in shock throughout the time she was abused by her adoptive father. This young woman was too afraid to tell anyone about the abuse; at the same time, she continually told her adoptive father he was doing the wrong thing.
Over the course of her counseling, this young woman regained some of her strength and confidence. She applied to VOCA for compensation. She received the maximum amount allotted and has used this money toward tuition at one of Tennessee's state universities where she is majoring in nursing.
UNDERSERVED
Mr. T is a 51 year old man who lived in a local low-income housing project. He was asked by a neighbor to pick up a pack of cigarettes for the neighbor when he got off work. Mr. T showed up and brought the cigarettes to his friend, stepping inside the apartment for no more than a minute to hand them over. Inside was a group of men playing cards, and some others were simply standing around watching. Mr. T was about to leave to go to his own apartment when the door burst open and two men rushed in, weapon showing, in a planned robbery. It was clear at that time that one of the men simply standing around watching the card game was, in fact, an accomplice. The apparent leader had what appeared to be an automatic weapon. The three began robbing all of the card players and others in the room. When they got to Mr. T, he, under threat, handed over all the money he had left from his minimum wage job. It was only $20.00. The small amount of money seemed to enrage the man with the gun, who decided to punctuate his anger with a burst of fire from the machine gun. The machine gun bullets severed Mr. T's spine, and changed his life forever. He was just doing a favor for a friend. He was, as the clich?? goes, ?in the wrong place at the wrong time?.
The robbers left and eventually only the man with the machine gun and the accomplice were caught and tried for numerous crimes, including attempted 2nd degree murder, especially aggravated robbery, conspiracy to commit aggravated robbery, and aggravated assault. The shooter pled to 10 years, and the accomplice pled to 6 years by agreement with Mr. T, who was too ill to go to trial. As a result of the shooting, Mr. T is now totally disabled. He became wheel-chair bound and has to have 24 hour care. His left leg was amputated due to complications. Our VOCA - funded Project provided comprehensive victim assistance to him from the very beginning of his case, and we just concluded a parole hearing for the shooter today. Mr. T got SSI disability due to his injuries, but, because he required Nursing Home care, his SSI check totaled only $30.00, an amount allocated to him for personal items while in the Nursing Home. The rest of his SSI check and Medicaid goes to pay for his care. Our Project has provided him with assistance in obtaining Criminal Injuries Compensation benefits, based upon his level of permanent impairment. The amount of the benefits is yet to be determined. Normally, if a victim gets SSI for injuries, Criminal Injuries Compensation benefits based upon the same injuries are not awarded. In Mr. T's case, he is, in, fact, eligible for those benefits because the amount of SSI that comes to him ($30.00) is so small. He remains eligible as long as he remains in the Nursing Home. However, another problem has arisen. If he is awarded a lump sum payment of Criminal Injuries Benefits, his Medicaid and SSI may be in danger of being cut off or reduced after one month, (if the amount exceeds $2000.00) unless his benefits are placed in a special trust that is exempt from SSI and Medicaid calculation. Our Project was able to refer Mr. T to a Legal Services Elder Law attorney who will create this trust for free, enabling him to get both SSI and Criminal Injuries Benefits. Along the way, our Project worked with a kind and sympathetic Prosecutor who took it upon himself to get Mr. T a good wheelchair for free. Mr. T?s sister has become involved and helps with his care and his personal needs.
Today our VOCA-funded Project provided victim advocacy to assist Mr. T in a parole hearing against the shooter. We were successful in keeping him in prison, and his case will not be reviewed for parole again for two years. We consider this a victory. Our Project was able to set up this parole hearing through a closed-circuit television arrangement, thus allowing Mr. T to come to a local site and participate in a hearing held in a prison far away. Mr. T appeared personally, and was able to express his opinion and Parole Hearing officer was able to see Mr. T?s injuries with his own eyes. This was very effective in preventing the shooter from getting parole.
VOCA funding is vital to the well-being and safety of many, many victims of violent crime here in West Tennessee. Just ask Mr. T.
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F.
IDENTIFY ANY EMERGING ISSUES OR NOTABLE TRENDS IMPACTING CRIME VICTIM SERVICES IN YOUR STATE.
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Trafficking and issues surrounding immigrant victims continues to be an emerging issue in Tennessee. Tennessee has participated on a /Multi-State Summit to build capacity to better serve immigrant victims of domestic violence, sexual assault and trafficking. A statewide plan was developed and the team continues to meet on a regular basis. Currently the team is seeking to identify immigrant populations in Tennessee and determine what services are currently available to them.
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G.
SPECIFICALLY DISCUSS HOW YOUR STATE HAS USED VOCA ADMINISTRATIVE FUNDS, AND THE IMPACT OF THESE FUNDS ON THE STATE'S ABILITY TO IMPROVE VICTIMS SERVICES.
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The primary use of administrative funds is to support staff needed to appropriately implement the VOCA program in Tennessee. This includes staff that interact directly with VOCA subrecipients across the state as well as a portion of the times of administrative staff, fiscal and monitoring staff and the general expenses necessary to provide effective program oversight. Attendance at national conferences and VOCA training events are also covered with our administrative funds. The 5% currently allowed for administrative expenses is no longer adequate to cover the entirety of these expenses.
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