NCJ Number
64780
Date Published
1978
Length
40 pages
Annotation
CRIME VICTIM REPARATIONS PROGRAMS IN SEVERAL STATES ARE EXAMINED IN ORDER TO DETERMINE THE OPTIMAL VICTIM REPARATION PROGRAM FOR LOUISIANA.
Abstract
GOALS OF THE ANALYSIS ARE TO DEFINE REPARATIONS PROGRAMS' GOALS AND RATIONALE, IDENTIFY COSTS AND EFFECTS OF THEIR COMPONENTS, AND DISCUSS ALTERNATIVE FUNDING PROPOSALS. THE CONCEPT OF CRIME VICTIM REPARATION DATES FROM THE ANCIENT LEGAL CODE OF HAMMURABI AND WAS REBORN IN THE MIDDLE OF THIS CENTURY. REPARATIONS HAVE SOCIAL WELFARE, SOCIAL CONTACT, SYMBOLIC, AND INSTRUMENTAL GOALS. THE FEDERAL GOVERNMENT IS CURRENTLY CONSIDERING LEGISLATION WHICH WOULD PROVIDE A 25 PERCENT FUNDING MATCH FOR STATES WITH QUALIFYING CRIME-VICTIM COMPENSATION PROGRAMS. SUCH PROGRAMS ARE MOST COMMONLY ADMINISTERED BY AN EXISTING OR NEW AGENCY. SOME PROGRAMS ARE ADMINISTERED BY STATE COURT SYSTEMS. THE QUASI-JUDICIAL COMMISSION IS CURRENTLY THE MOST POPULAR PROGRAM DESIGN. THE SYSTEMS IN MASSACHUSETTS, OREGON, MINNESOTA, AND OTHER STATES ILLUSTRATE DIFFERENT KINDS OF SYSTEMS. THE NATIONAL AVERAGE RATIO OF CLAIMS FILED PER VIOLENT INDEX CRIME IS 3.6 PER 100 CRIMES, WHICH INDICATES THAT 729 CLAIMS WOULD BE FILED IN LOUISIANA EACH YEAR. USING THE NATIONAL AVERAGE FIGURE OF PAYMENT OF 61 PERCENT OF CLAIMS FILED, LOUISIANA'S PROGRAM WOULD COST ABOUT $500,000 IN ITS FIRST YEAR AND JUST UNDER $900,000 IN SUBSEQUENT YEARS. PROGRAM COMPONENTS WOULD INCLUDE MINIMUM AND MAXIMUM AWARD LIMITS, DEFINITION OF LOSSES TO BE COMPENSATED, CLAIM FILING PROCEDURES, FRAUD PREVENTION, AND PROGRAM RESTRICTIONS. FUNDING ALTERNATIVES INCLUDE APPROPRIATIONS FROM THE STATE GENERAL FUND AND AN ADDED FEE IMPOSED ON CRIMINAL PENALTIES. A COMPREHENSIVE LEGISLATIVE PROPOSAL SHOULD MOLD AVAILABLE FUNDING ALTERNATIVES INTO ONE PACKAGE AS WELL AS MEET ANTICIPATED FEDERAL REQUIREMENTS. BENEFITS OF A REPARATION PROGRAM INCLUDE IMPROVED COOPERATION FROM THE VICTIM, POSITIVE REINFORCEMENT OF SOCIAL VALUES, AND ELIMINATION OF ECONOMIC HARDSHIP FOR VICTIMS. APPENDIXES LIST STATE STATUTES, STATE PROGRAM COMPONENTS, AND A DETAILED DESCRIPTION OF THE MINNESOTA CRIME VICTIM REPARATION LEGISLATION. (CFW)