§ 4-515 — Crime Victims Compensation Fund.

District of Columbia § 4-515

• Jurisdiction: District of Columbia
• Title 4: Public Care Systems.
• Ch. 5: Victims of Crime.
• Subch. I: Compensation for Crime Victims.

Text

(a) A fund is established to be administered by the Court and to be known as the Crime Victims Compensation Fund (“Fund”) for the purpose of accounting for the financial operations of this chapter. The Fund shall be maintained as a separate fund in the Treasury of the United States. All amounts deposited to the credit of the Fund are appropriated without fiscal year limitation to make payments as authorized under subsection (e) of this section.

(b) [Repealed.]

(c) Monies in the Fund shall consist of all funds transferred from the Department of Human Services on April 9, 1997, any appropriations to the Fund under § 4-518 , assessments imposed under § 4-516 , monies recovered through subrogation or repayment under §§ 4-509 , 4-510 and 4-513 , costs assessed under the Victims of Violent Crime Compensation Act of 1981 that are collected after April 9, 1997, any other fines, fees, penalties, or assessments that the Court determines necessary to carry out the purposes of the Fund, and monies received from the federal government or other public or private sources for the purpose of the Fund.

(d) Any unobligated balance existing in the Fund as of the end of each fiscal year (beginning with fiscal year 2000) may be used only in accordance with a plan developed by the District of Columbia which is submitted to the Committees on Appropriations of the Senate and House of Representatives, the Committee on Government Reform of the House of Representatives, and the Committee on Governmental Affairs of the Senate, except that under such plan:

(1) 50 percent of such balance shall be used for direct compensation payments to crime victims through the Fund under this section and in accordance with this chapter; and

(2) 50 percent of such balance shall be transferred from the Fund to the Crime Victims Assistance Fund established by § 4-515.01 and shall be used without fiscal year limitation for outreach activities designed to increase the number of crime victims who apply for such direct compensation payments.

(1) In Fiscal Year 2001, the first $200,000 of the unobligated balance shall be transferred to the Executive Office of the Mayor to fund staff support for the District of Columbia Commission on Violence Against Women.

(2) The remaining funds shall be made available for victims assistance in accordance with a plan developed by the Executive Office of the Mayor and submitted to the Council, excluding days of Council recess. If the Council does not disapprove the proposed plan in whole or in part, by resolution within this 30-day period, the plan shall be deemed approved.

(3) The Mayor shall submit an annual report to the Council which details the amount of funds transferred pursuant to this subsection, and all expenditures or disbursements of funds, no later than 90 days after the end of each fiscal year.

(4) For the purposes of this section “unobligated balance” does not include the amount of claims pending at the end of a fiscal year which have been filed but for which awards have not been made, based on an estimated average cost of each award.

(e) All compensation payments and attorneys’ fees awarded under this chapter shall be paid from, and subject to, the availability of monies in the Fund. Not more than 5 percent of the total amount of monies in the Fund may be used to pay administrative costs necessary to carry out this chapter.

(f) The Superior Court of the District of Columbia shall arrange for an annual independent audit of the Fund. The audit shall include:

(1) The number of claims satisfied in each fiscal year and the respective amounts awarded;

(2) The number and status of all pending claims;

(3) The unexpended balance in the Fund to be transferred to the victims assistance grants agency pursuant to subsection (d) of this section; and

(4) The number of personnel positions and amount of personnel funding and other administrative costs of the Crime Victims Compensation Program.

Legislative History

Apr. 9, 1997, D.C. Law 11-243, § 16, 44 DCR 1142; Nov. 29, 1999, 113 Stat. 1527, Pub. L. 106-113, § 160(a)-(d); Oct. 19, 2000, D.C. Law 13-172, § 202(d), 47 DCR 6308; Dec. 21, 2000, 114 Stat. 2763, Pub. L. 106-554, § 1(a)(4), H.R. 5666, Div. A., Ch. 4, § 403(a); Dec. 21, 2001, 115 Stat. 928, Pub. L. 107-96, par. 19(a), (b); Aug. 2, 2002, 116 Stat. 846, Pub. L. 107-206, § 402; Oct. 1, 2002, D.C. Law 14-190, § 1302(a), 49 DCR 6968