About the Agency
Created by the Legislature in May of 1984, Alabama became the 40th state to pass a law to compensate victims of violent crime. Alabama has a unique program that appears to incorporate the best of many other states' programs. The law is broad about the types of crimes and services for which victims may be assisted.
Law Amended
In 1986, amendments to the ACVCC law were passed to require all felons to pay a victim assessment fee and to make other administrative improvements.
In the 1990 Regular Session of the Legislature, amendments to the law passed which increased the limits on funeral expenses from $2,000.00 to $3,000.00 and made several changes to expedite claims processing. This new amendment also provided additional funding for District Attorneys to allow for at least one Victim Service Officer in each circuit.
In the 1995 Regular Session of the Legislature, amendments to the law were passed which authorized payments for sexual assault examinations; defined reasons for diminishing or denying compensation awards; and clarified that additional costs and assessments shall be assessed in certain juvenile and youthful offender cases.
Also in 1995, Alabama amended its Constitution to include certain rights for the victim of crime. This Amendment to the Constitution, as stated in the Enabling Legislation, allows that within 72 hours of the criminal event, the law enforcement agency investigating the crime will provide to the victim a form in which to invoke their rights under the Constitution. Further, the form given by the law enforcement officer will tell the victim of the existence and availability of financial assistance from the Alabama Crime Victims Compensation Commission, and the telephone number of ACVCC. The affect of this legislation has made it possible that more victims are notified of the funds, so they can seek the assistance they need from the agency.
As of May 1, 1998, during the 1997/1998 regular Session, the law was again amended to make the following changes:
- Criminally Injurious Conduct shall include the act of terrorism as defined in Section 2331 of Title 18, United States Code, committed outside of the United States, against a resident of this state.
- Raised the maximum award allowance from $10,000.00 to $15,000.00.
- Increased the allowable for expenses relating to funeral, cremation, or burial from $3,000.00 to $5,000.00.
- Increased compensation for work loss, replacement services loss, and dependents replacement service loss from $200.00 to $400.00 per week.
- Raised the maximum allowable expense not to exceed $5,000.00 for all future economic loss.
- Clarifying language was added to 15-23-4 to keep the names and addresses of the victim or claimant confidential.
- Language was added to 15-23-12 to clarify the circumstances for filing with the commission later than one year after the injury or death upon which the claim is based unless the commission finds good cause.
- Language was added to 15-23-12 to clarify reporting to a law enforcement officer later than 72 hours after the crime occurrence, unless the commission finds there was good cause for the failure to report within that time.
- Raised the commission members pay from thirty dollars ($30.00) to seventy-five dollars ($75.00) per day for attendance of commission meeting.
Funding
The Alabama Legislature intends to provide a means whereby victims of violent crimes and their dependents may be provided compensation in the amount of actual expenses incurred as a direct result of criminal acts of other persons. The amount of all costs is paid through the courts and remitted to the Commission each month by the clerk of the courts. The clerk is to keep accurate records of the amounts due the Commission for the benefit of the fund.
The funds collected by the court clerk comes from court costs, victim assessment fees, restitution, and civil suit reimbursements.
- Two dollars ($2.00) is derived from each moving traffic infraction.
- Ten dollars ($10.00) from each misdemeanor violation.
- Fifteen dollars ($15.00) where the offense constitutes a felony.
Other funding sources for the agency come from miscellaneous donations and federal grants. These sources are explained later in this section.
Victim Assessment Fees
Prior to May 1990, the special victim assessment fee was ordered on felonies and ranged from twenty-five dollars ($25.00) to ten thousand dollars ($10,000.00). This was amended in 1990 to add a victim assessment fee onto all misdemeanors.
Also amended in 1990 was the felony victim assessment which increased the minimum judges could order from $25.00 to $50.00 with the first $25.00 going to ACVCC, and the second going to OPS and any amount over the minimum going to ACVCC. The victim assessment fees are mandatory but the judge does have discretion in the amount of the fee ordered. Judges are required to order the assessment on juvenile and youthful offender cases as well as adult cases.
Restitution and Civil Suit Reimbursements
The ACVCC Law allows for the Commission to be subrogated to all rights of a claimant to receive or recover from a collateral source such as civil lawsuits or insurance payments to the extent that compensation was awarded.
Whenever compensation is awarded to a victim or a claimant who is entitled to restitution from a criminal defendant, the Commission may initiate restitution hearings in such criminal proceedings or intervene in the same.
ACVCC actively pursues all avenues of recovery to the extent possible when it has been determined necessary to protect, maintain, or enforce the commission's rights to be subrogated, or to exercise any of its powers to carry out the commission's duties, and responsibilities.
Donations
The ACVCC Law allows for the acceptance of gifts and donations from other sources in order to implement the law under this section, although very few funds are derived through this provision.
Instances where donations are received, is in honor or memory of a loved one who has died violently, or when a community, group or organization may wish to make donations to the fund to further enhance services to crime victims, and for special events to increase public awareness of the plight of crime victims.
Federal Grant Funds
The Victims of Crime Act (VOCA) was passed in 1984 by an act of the United States Congress. The U.S. Department of Justice mandated by VOCA, collects fines and fees from offenders convicted of federal violations. Each year these federal funds are made eligible to the states in the form of federal grants, and is available to Victim Assistance Programs and the Crime Victim Compensation Programs in each state. ACVCC makes application for reimbursements dollars, based on the amounts paid from state funds. The amount may not exceed 40% of the total paid out to victims from state dollars.
The U.S. Attorneys, the Federal Bureau of Prisons, the Federal Probation Officers, and of course the Victims of Crime Fund deserve our thanks for their diligence in collecting the federal fines and disbursing those awards to the states. These federal funds make it possible to stretch state dollars to enable ACVCC to provide compensation benefits to Alabama victims.
Compensation Payments
Over the past fifteen years, the ACVCC program has received 18,337 applications from crime victims, and awarded more than $40,000,000.00 for services rendered them.
Agency's Advocacy Role
Public Awareness
As the state agency designated to advocate on behalf of victims of violence, the Alabama Crime Victims Compensation Commission spends a great deal of time on efforts to increase the criminal justice system's awareness of the needs of crime victims. Our efforts are also directed toward the public, whose chances of becoming a crime victim increases daily.
Efforts to address the needs of crime victims are varied and include such tasks as educational information and training, public relations, participation on committees representing victims, and legislation. We also provide training to criminal justice professionals, other professionals, and the public in areas that will improve our community's response to crime victims.
Networking
The Commission continues each year to network with other victim organizations to share information and offer assistance that encourages new services for victims, and to solicit information on new legislation to improve the responses to victims. We work closely with agencies and organizations such as the Attorney General's Victim Assistance Program, the Office of Prosecution Services, the Coalition Against Domestic Violence Program, the Coalition of Rape Crisis Programs, Victims of Crime and Leniency, Mothers Against Drunk Driving Program, the Child Advocacy Centers, and others.
We became partners with VOCAL to sponsor the Annual Statewide Candlelight Vigil. This is a very poignant ceremony which allows victims and survivors the opportunity to light a candle and remember loved ones who did not survive their victimization. White crosses spanned the lawn of the Department of Public Safety representing the over One Thousand (1,000) deaths caused by murder, or drug and alcohol related crashes annually. Often, family members place a bouquet of flowers, or write notes to place at the crosses.
The Annual Christmas Party for Grieving Children of Homicide Victims is held at the Embassy Suites Hotel each year.
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Site last updated on
06/01/2011