NCJ Number
52353
Journal
Florida Bar Journal Volume: 52 Issue: 1 Dated: (JANUARY 1978) Pages: 16-21
Date Published
1978
Length
6 pages
Annotation
LOSSES SUFFERED BY VICTIMS OF CRIME IN FLORIDA AND STATE LEGISLATION TO AID THESE VICTIMS ARE REVIEWED, WITH PARTICULAR EMPHASIS ON THE FLORIDA CRIMES COMPENSATION ACT.
Abstract
OF THE 645,338 REPORTED INSTANCES OF SERIOUS CRIME IN FLORIDA DURING 1976, A LARGE NUMBER INVOLVED FORCE OR VIOLENCE TO THE PERSON OF THE VICTIM. THE VALUE OF PROPERTY STOLEN AMOUNTED TO $191,643,470. IN 1977, STATE APPROPRIATIONS FOR THE PROSECUTION OF CRIME TOTALED $26,607,167 AND APPROPRIATIONS FOR PUBLIC DEFENDER SERVICES WERE $13,217,435. THE MAINTENANCE AND HOUSING OF PERSONS CONVICTED OF CRIMES, FUNDED THROUGH THE DEPARTMENT OF OFFENDER REHABILITATION, HAD AN APPROPRIATION OF $116,999,189. TO REMEDY THE IMBALANCE IN APPROPRIATIONS WITH REGARD TO THEIR LACK OF EMPHASIS ON VICTIMS, THE 1976 STATE LEGISLATURE ASSURED VICTIMS OF CRIME AN OPPORTUNITY TO HAVE THEIR SIDE HEARD IN COURT AT THE TIME OF OFFENDER SENTENCING. AMENDMENTS WERE MADE TO STATUTORY PROVISIONS RELATING TO CORRECTIONAL WORK PROGRAMS, INCLUDING ONE AMENDMENT THAT ALLOWS COMPENSATION FOR WORK PERFORMED TO BE CREDITED TO THE ACCOUNT OF AN INMATE'S FAMILY AS WELL AS TO THE INMATE'S PERSONAL ACCOUNT. THE FIRST OF SEVERAL LAWS ENACTED DURING THE 1977 LEGISLATIVE SESSION PLACED A LIEN UPON ROYALTIES, COMMISSIONS, PROCEEDINGS FROM SALES, AND ANY OTHER THING OF VALUE ACCRUING TO A PRISONER AS THE RESULT OF A CRIME. VICTIM RESTITUTION AS A SIGNIFICANT AND VIABLE SENTENCING ALTERNATIVE WAS THE FOCUS OF THIS LAW AND OTHER PROGRAMS INVOLVING PROBATION AND PAROLE. THE FINAL PRODUCT OF SEVERAL BILLS INTRODUCED IN THE 1977 LEGISLATIVE SESSION WAS THE FLORIDA CRIMES COMPENSATION ACT. THIS ACT ESTABLISHES AND INDEPENDENT THREE-MEMBER CRIME COMPENSATION COMMISSION THAT IS EMPOWERED TO HEAR AND DETERMINE ALL CLAIMS FOR AWARDS. CLAIMS FOR COMPENSATION ARE TO BE CONSIDERED REGARDLESS OF WHETHER AN ALLEGED CRIMINAL HAS BEEN APPREHENDED, PROSECUTED, OR CONVICTED. NO CLAIMANT MAY RECEIVE AN AWARD IN EXCESS OF $10,000. THE PROCEDURE TO OBTAIN AN AWARD OF COMPENSATION IS RELATIVELY UNCOMPLICATED. FUNDING FOR THE PROGRAM COMES FROM SEVERAL DIFFERENT SOURCES: ADDITIONAL COURT COSTS; SURCHARGES ON FINES, FORFEITURES, AND CIVIL PENALTIES; SPECIAL FINES; MONEY RECOVERED BY THE STATE THAT IT DETERMINES IS OWED AS COMPENSATION; MONEY APPROPRIATED BY THE LEGISLATURE; MONEY RECEIVED FROM THE FEDERAL GOVERNMENT; MONEY RECOVERED THROUGH SUBROGATION; AND MONEY RECOVERED FROM OTHER PUBLIC OR PRIVATE SOURCES. THE CRIME COMPENSATION APPROACH, AS ENACTED IN FLORIDA, PROVIDES AN OPPORTUNITY TO INCLUDE VICTIMS OF CRIME WITHIN THE FUNCTIONAL CONCEPT OF REHABILITATION. FOOTNOTES ARE INCLUDED. (DEP)