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Current through October 23, 2012
(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(b) Repealed.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.
(d-1)(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.
(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.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-435.
Effect of Amendments
Section 160(a) of Public Law 106-113 rewrote subsec. (e), which had read:
"All compensation and attorneys' fees awarded under this chapter and administrative costs necessary to carry out this chapter shall be paid from, and subject to, the availability of monies in the Fund.";
Section 160(b) of Public Law 106-113 rewrote subsec. (a) and repealed subsec. (d), which had read:
"(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. Monies in the Fund shall not be commingled with the General Fund, nor shall the operation of the Fund impose a burden or charge on the general fund."
"(d) The monies in the Fund are not part of, nor shall they lapse into, the General Fund of the District or any other fund of the District, except as provided in this chapter."; section 160(c) of Public Law 106-113, in subsec. (c), added after "1997," the second place it appears "any other fines, fees, penalties, or assessments that the Court determines necessary to carry out the purposes of the Fund,"; and section 160(d) of Public Law 106-113 added subsec. (d) to read:
"Any unobligated balance existing in the Fund in excess of $250,000 as of the end of each fiscal year (beginning with fiscal year 2000) shall be transferred to miscellaneous receipts of the Treasury of the United States not later than 30 days after the end of the fiscal year.".
D.C. Law 13-172 repealed subsec. (b), added new subsec. (d-1), relating to the use of funds for Fiscal Year 2001, and rewrote subsec. (e), as amended by section 160(a) of Public Law 106-113, and subsec. (f), which had read:
"(e) All compensation and attorneys' fees awarded under this chapter shall be paid from, and subject to, the availability of monies in the Fund, and no monies in the Fund may be used for any other purpose.
"(f) The Auditor of the District of Columbia shall perform an audit of the Crime Victims Compensation Program that operated pursuant to the Victims of Violent Crime Compensation Act of 1981, effective April 6, 1982 (D.C. Law 4- 100; D.C. Code § 3-401 et seq.), within 30 days of April 9, 1997 and the transfer of the Program to the Court. The audit shall include the number of claims satisfied in calendar years 1994, 1995, and 1996 and the respective amounts awarded; the number and status of all pending claims; the remaining unexpended balance in the Fund to be transferred to the Court for payment to victims and for the administrative costs of the Program; and the number of personnel positions and amount of personnel funding to be transferred to the Court."
Pub. L. 107-96 rewrote subsecs. (d) and (e), which had read:
"(d) Any unobligated balance existing in the Fund in excess of $250,000 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 and approved by 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, and not less than 80 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 subchapter."
"(e) All compensation and attorneys' fees awarded under this chapter and administrative costs necessary to carry out this chapter shall be paid from, and subject to, the availability of monies in the Fund. All amounts which are required to be transferred to the victims assistance grants agency for the purpose of victims assistance pursuant to subsection (d) of this section shall be paid from monies in the Fund."
D.C. Law 14-190, in subsec. (d)(2), substituted "to the Crime Victims Assistance Fund established by § 4515.01" for "to the executive branch of the District government."
Pub. L. 107-206 rewrote subsec. (d)(2) which had read:
"(2) 50 percent of such balance shall be used for outreach activities designed to increase the number of crime victims who apply for such direct compensation payments."
Emergency Act Amendments
See note to § 4-501.
For temporary (90-day) amendment of section, see § 202(d) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90-day) addition of section, see § 842 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90 day) amendment of section, see § 202(d) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13- 438, October 20, 2000, 47 DCR 8740).
For temporary (90 day) amendment of section, see § 1302(a) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).
For temporary (90 day) addition of § 4-515.01, see § 1302(b) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).
Legislative History of Laws
For legislative history of D.C. Law 11-243, see Historical and Statutory Notes following § 4-501.
For D.C. Law 13-172, see notes following § 4-501.
For Law 14-190, see notes following § 4-204.07.
Effective Dates
Section 403(b) of Chapter 4 of Division A of H.R. 5666, as enacted by reference by section 1(a)(4) of Pub. L. 106-554, stated that "The amendment made by subsection (a) shall take effect September 30, 2000."
Pub. L. 107-96, par. (19)(c), 115 Stat. 928, the District of Columbia Appropriations Act, 2002, provides in part:
"The amendments made by this section shall take effect as if included in the enactment of section 403 of the Miscellaneous Appropriations Act, 2001 [Pub. L. 106-554, § 1(a)(4), H.R. 5666, Div. A, Ch. 4, § 403]."
Miscellaneous Notes
Section 160(e) of Public Law 106-113 provides:
"RATIFICATION OF PAYMENTS AND DEPOSITS.--Any payments made from or deposits made to the Crime Victims Compensation Fund on or after April 9, 1997 are hereby ratified, to the extent such payments and deposits are authorized under the Victims of Violent Crime Compensation Act of 1996 (D.C. Code, sec. 3-421 et seq.), as amended by this section."
Short title of title XIII of Law 14-190: Section 1301 of D.C. Law 14-190 provided that title XIII of the act may be cited as the Victims of Violent Crime Compensation Amendment Act of 2002.
