Back to WASHINGTON
VICTIMS OF CRIME ACT VICTIM ASSISTANCE GRANT PROGRAM 2002 WASHINGTON STATE WIDE ASSISTANCE REPORT Prepared By: Washington State Department of Social and Health Services PO Box 45710 Olympia, WA 98504-5710 tel: (206)923-4910
STATE FUNDING INFORMATION
A. THE ANNUAL AMOUNT ALLOCATED TO THE VICTIM ASSISTANCE PROJECTS: 1. Appropriations $ 3,535,262 2. Criminal Fines and Penalities $ 0 3. Assessments $ 0 4. Other $ 6,816,094 TOTAL:$ 10,351,356
B. TOTAL NUMBER OF AGENCIES FUNDED FROM THE FEDERAL GRANT: 79
C. NUMBER OF SUBGRANTS FUNDED FROM THIS FEDERAL GRANT: 117
VICTIM STATISTICS
A. THE NUMBER OF VICTIMS SERVED BY TYPE OF VICTIMIZATION:
NO. OF NO. OF VICTIMS SERVED VICTIMS SERVED 586 1. Child Physical Abuse 1,021 7. Adults Molested as Children 5,201 2. Child Sexual Abuse 372 8. Survivors of Homicide Victims 202 3. DUI/DWI Crashes 263 9. Robbery 26,586 4. Domestic Violence 551 10. Assualt 1,898 5. Adult Sexual Assault 1,347 11. Other 12 6. Elder Abuse TOTAL: 38,039
B. THE NUMBER OF VICTIMS WHO RECEIVED THE FOLLOWING SERVICES:
NO. OF VICTIMS SERVED 31,822 1. Crisis Counseling 20,575 2. Followup 20,523 3. Therapy 8,427 4. Group Treatment/Support 6,473 5. Shelter/Safehouse 19,667 6. Information/Referral (in-person) 29,459 7. Criminal Justice Support/Advocacy 3,050 8. Emergency Financial Assistance 6,915 9. Emergency Legal Advocacy 2,398 10. Assistance in filing Compensation Claims 22,923 11. Personal Advocacy 100,037 12. Telephone contact Informational/Referral 64,305 13. Other TOTAL: 336,574
A. EFFORTS TO PROMOTE PUBLIC AND PRIVATE AID TO CRIME VICTIMS: To be eligible for VOCA victim assistance funds, subrecipients must show how they are working collaboratively within their communities toward assisting the victims of crime for which they are funded. Of significant note would be efforts throughout the state on the issues of domestic violence and sexual assault, particularly with the infusion of Violence Against Women Act (VAWA) STOP grant funds. The State of Washington continues to be very proactive in providing training to various constituencies on issues of sexual assault, domestic violence, and victim rights. While some of these training efforts are funded by VOCA, many are funded and initiated by other entities such as the state sexual assault and domestic violence coalitions. Additionally, in 2002 as a result of a legislative initiative, a crime victim task force was convened to assess the level of state funding and support for crime victims other than domestic violence and sexual assault. The task force process brought together many representatives knowledgeable about crime victim services and rights in a forum designed, in part, to enhance communication and collaboration. At this writing the final task force report has been delivered to the Governor and Legislature for possible action in the 2003 state legislative session.
B. EFFORTS TAKEN TO SERVE FEDERAL CRIME VICTIMS: The victim assistance program manager has included the federal victim/witness advocate on review panels for distribution of VOCA victim assistance funding; staff also share resource information and consult on federal crime trends and gaps where no or few services are available to federal crime victims. These discussions led to one of the VOCA funded programs to develop a support group for employees of financial institutions who were victimized by robberies. This program was replicated in another urban community in the State of Washington.
C. ACTIVITIES TO IMPROVE THE DELIVERY OF VICTIM SERVICES: Task Forces: Two task forces were legislatively mandated and convened during this period. The crime victim task force and the trafficking in persons task force were convened by the Office of Crime Victim Advocacy. Both were charged with identifying services, gaps, funding, and making recommendations to the Governor and State Legislature. Both task forces have completed their work and the final reports have been delivered. Financial Management Training: The VOCA victim assistance program sponsored a training on financial management for VOCA subrecipients that was held in 6 locations throughout the state. The trainings were well-attended and received very positive evaluations. A joint project with the Office of Crime Victim Advocacy is being pursued that would provide on-going technical assistance to “shared” contractors that would cover financial questions as well as basic management and organizational questions. WAVAWnet Evaluation: The Washington Violence Against Women Network (WAVAWnet) is currently undergoing an evaluation to gauge the usefulness of its various functions. This project is jointly funded with VOCA and VAWA administrative dollars. The website provides public information on domestic violence, sexual assault, and stalking, as well as a private link via the web-site for domestic violence and sexual assault programs. Crime Victim Rights Training: During this period a training on Crime Victim Rights in Washington State was conducted in 6 locations throughout the state. The VOCA victim assistance program provided the “first time” funding for the Washington Coalition of Crime Victim Advocates (WCCVA) to organize and conduct this training. It was very well received and, unfortunately, people were turned away from registration because demand was so high. Continuing this relationship to conduct additional training opportunities will be pursued in the next calendar year.
D. WAYS VOCA FUNDS HAVE BEEN USED TO ASSIST CRIME VICTIMS: A victim entered the domestic violence shelter with only the clothes on her back and her three children. After settling her into a room, the domestic violence program provided her with clothing and, even more importantly, provided her with food. She had come to the shelter from a motel where they had no access to food, nor did she have money to buy any. She was delighted at the opportunity to cook a nice meal for her children. The services she received at the shelter were numerous: legal advocacy to assist with a protection order, translation services, TANF (welfare), childcare and schooling for her children, and ESL classes for herself. She was accepted into a transitional housing program and looks forward to the next phase of her life. It has been a particularly difficult year for one VOCA funded program in our state. It has been involved with the families of victims from two of the most horrific crimes that have touched Washington State. First, the alleged perpetrator of the “Green River Murders” that claimed the lives of approximately 48 women in the 1980’s was arrested and charged with four murders. Next, a serial murderer in Spokane plead guilty to avoid the death penalty; however, he was also charged in Pierce County and was issued the death penalty. The VOCA program was very involved with families of the murder victims in both instances. In the Pierce County trial, the program provided assistance and support to the father of one of the victims who lived in North Dakota and appeared to testify at the sentencing. Finally, this particular agency has been identified in a letter to crime victims from the State Department of Corrections as the agency that can provide support and advocacy to victims and witnesses impacted by the recent State Supreme Court decision referenced in question “F” below. The victim advocate program in the Thurston County Prosecutor’s Office provided advocacy in a double vehicular homicide case. The advocate worked with the surviving families of the two victims. The offender was a juvenile acquaintance of the victims who had been drinking prior to the fatal collision. Even before receiving the law enforcement report, the advocate was contacted by the parents of the victims and began working with them. He provided referrals to the agency Families and Friends of Violent Crime Victims, Mothers Against Drunk Driving, and local counseling support groups. The advocate assisted the families in filing for and accessing crime victim compensation benefits, gathering restitution amounts and ensuring the full amounts were ordered for burial expenses. The advocate attended all court hearings with both families, providing crisis counseling and support, and also assisting them in preparing and presenting victim impact statements. At the conclusion of the trial, the advocate assisted the families in enrolling in the state victim notification program so that they are notified when the offender is released from juvenile detention (the offender pled guilty to two counts of vehicular homicide and was sentenced to two terms of 15-36 weeks). Both teenage victims were well known in their communities and web sites are now set up in their memories. A local high school counselor in rural Washington State referred a 15 year old victim who had been sexually abused over the past five (5) years to the local sexual assault program. An advocate went to the school and provided general and legal advocacy, along with a referral to the agency’s therapist. The victim was given information regarding the criminal justice system and crime victim compensation. The high school counselor told the sexual assault program that had it not been available, the girl would not have disclosed the abuse. A mandatory report of child abuse was also filed, and it was later discovered that there are over a dozen victims in this case. The girl continues to receive criminal justice support as the trial is scheduled for December 2002. One victim assisted by Mothers Against Drunk Driving is a 50-year old woman who lives in a rural county in Western Washington. She was driving her truck when she was hit by an uninsured, intoxicated driver head-on in April 2002. Although she sustained injuries that required immediate and follow-up medical care, the injuries were judged not severe enough to warrant the felony charge of vehicular assault; therefore, the offender was charged with a misdemeanor DUI charge. The offender served one day in jail and is currently paying $21.10 per month to the victim in restitution to reimburse her for her truck that was totaled in the collision. The victim is currently without her own vehicle as she does not have the money to buy one. (She saved for three years to buy the truck that was totaled in the collision, valued at $1,345.00.) For the first three months after the initial contact, the victim advocate had a total of 18 contacts with this victim, both in person and by phone. Most of these contacts lasted at least 45 minutes, as the victim was traumatized by the crash and its aftermath. During these contacts, the victim advocate provided crisis counseling by normalizing and explaining her fear of driving or being a passenger in a car, her feelings of mortality, and her general feeling of injustice. The advocate also provided legal advocacy, contacted the prosecutor on behalf of the victim to discuss his charging decision, informed the victim about court procedures, expectations, and her role in the system, accompanied her to three court hearings, assisted her with her victim impact statement and restitution documentation. The advocate also followed up with the county clerk to find out about the final amount of restitution ordered. The victim was provided with information and referral to the Department of Social and Health Services as the victim was receiving disability benefits for an unrelated injury before the crash and the related medical coverage complicated treatment for the new injuries as her medical provider required her to pay a co-pay for the treatment of the crash-related injuries. MADD is still in contact with this client, averaging one to two contacts per month, as she struggles with her fear of driving and a feeling of injustice as the offender passes her residence at least twice a day in a brand new truck, while she is still suffering mentally, physically, and financially.
E. ISSUES OR TRENDS IMPACTING CRIME VICTIM SERVICES: Examples of emerging issues/notable trends impacting victims are: The State Supreme Court ruled earlier this year that a felony assault that resulted in a death was not sufficient to invoke the felony-murder rule, notwithstanding specific statutory language to the contrary that has been in effect since 1976. This has placed hundreds of murder convictions in jeopardy. In October 2002 the State Supreme Court has been asked to reconsider its decision. Meanwhile, the State Department of Corrections is in the process of notifying over 1,200 victims or victim family members who are enrolled in the victim/witness program about the court decision and potential impact if offenders must be released. Victims and witnesses are also being notified about how they can obtain information and support. Victims and witnesses not enrolled in the program are also being notified about the decision and being given information on how they can enroll in the program in order to be notified if a release is ordered. Last year the State developed standards for siting halfway houses for sex offenders released from prison. In the past month, the committee tasked with identifying sites released its recommendations that are causing quite a bit of concern in the identified communities. The State legislature passed a number of bills in the 2002 session that directly impact crime victims. Among them: “Mail-order brides” can request background information and prior marital histories of prospective spouses. Penalties were increased for car theft. Penalties were toughened for robbing a bank without a deadly weapon, such as slipping a teller a note. Domestic violence victims can now file for unemployment compensation if they were terminated from their job as a result of domestic violence. In October 2000 Congress enacted the Trafficking Victims Protection Act (TVPA) of 2000, establishing a 3-pronged strategy to combat human trafficking through prevention, protection, and prosecution. Trafficking in persons has received national attention, and Washington State now recognizes victims of trafficking as an emerging and unique population of crime victims. Results from an informal statewide survey on the availability of services for trafficked persons informed the state Office of Crime Victims Advocacy (OCVA) of the barriers victim service agencies experience when coordinating critical and disparate services for victims of trafficking. The current system relies almost entirely on community service agencies that may not be specifically funded to provide assistance to, or have the capacity to serve the special needs of, victims of trafficking. Respondents noted the need for additional funding and the use of existing funds to provide assistance to trafficked persons through activities such as language interpretation, legal advocacy, medical services, shelter/housing, counseling, and transportation. Congress enacted the Health Insurance Portability and Accountability Act (HIPAA) of 1996 in order to provide comprehensive health privacy regulations. The law is designed to protect Americans’ privacy by regulating the disclosure of personal health information (PHI), i.e., medical records and individually identifiable health information, to hospitals, health plans, health care clearinghouses, and other health care providers. Final rules and regulations were published in December 2000, and health care providers are now drafting policies and operational procedures in accordance with the law. The legislative intent behind HIPAA was to provide seamless privacy protections for patients, protections that can be especially important for rape victims; however, the new federal law has had a “chilling effect” among hospitals and the sexual assault service provider community. Sexual assault agencies in the state of Washington rely on area hospitals to place calls with advocates when patients disclose a rape. Advocates are then dispatched to provide crisis intervention and support as well as medical advocacy for victims. The opposite is also true. Health care providers, such as private physicians, law enforcement, and child protective services will refer patients to the hospital or to sexual assault agencies. Information is often shared between these players in order to better assist rape victims. Since passage of HIPAA, local sexual assault agencies report that hospital administrators are fearful of violating federal regulations through the linkages and information sharing that occurs with law enforcement, advocates and secondary victims. HIPAA requirements could shut down essential lines of communication, and agencies fear that subsequent policies will make it difficult for sexual assault victims to receive coordinated and comprehensive care. This has not only strained agencies’ relationships with health care providers, but has also impeded seamless service delivery for victim services.
F. USE OF VOCA ADMINISTRATIVE FUNDS: VOCA administrative and training funds have been used to continue operation of the computer network project (WAVAWnet - www.wavawnet.org). These dollars have also funded a number of the training projects referenced above. Funds were used to hire additional contracted staff to assist with contract monitoring, although the contractor left earlier this year for another position and it has not been re-filled. A portion of the administrative funds is provided to a “conduit” state agency that administers VOCA funds earmarked for sexual assault services. VOCA funds also pay salary and benefits for 1.5 FTE staff.