Legislative Program Review and Investigations Committee
Executive Summary
OFFICE OF VICTIM SERVICES
In March 1998, the Legislative Program Review and Investigations Committee authorized a study of the Office of Victim Services. The study focus, as approved by the committee, was an examination and assessment of the agency’s operations and responsiveness to crime victims.
The Office of Victim Services is the state’s lead agency established to respond to the needs of crime victims. It’s primary function is to provide statewide victim assistance to crime victims and their families through financial compensation for the personal injuries arising from the crime as well as advocacy, informational services, and referrals.
In assuming its leadership responsibilities, OVS currently:
administers the state Criminal Injuries Compensation Fund (CICF) and the federal Victims of Crime Act (VOCA) funds for crime victim compensation and victim assistance programs and services;
employs court-based victim advocates in various courthouses across the state;
maintains a toll-free hotline and information clearinghouse;
operates a post-conviction notification system;
offers families of homicide victims specialized counseling;
staffs the state advisory council for victims of crime; and
promotes coordinated and comprehensive planning of crime victim services.
These responsibilities are carried out through three functional units within OVS. One area administers the victim compensation program with the assistance of appointed compensation commissioners. Another oversees several direct assistance services including the court-based advocates, victim notification, and homicide outreach. A third manages the agency’s administrative support activities including grants management, public education, and training.
In reviewing the OVS administration, the committee found most of the agency’s programs lack written policies and procedures. Several OVS programs would benefit from more structured and formalized working agreements and collaboration with other victim services agencies. In addition, the committee concluded the OVS administration should periodically measure agency performance through increased monitoring efforts.
Committee analysis of the victim compensation case files suggests the program appears to be uniformly used statewide. Almost 70 percent of the claims receive an OVS decision within a year or less and seem to be approved or denied at an approximately equal rate.
Scheduling delays result in over 70 percent of
compensation review hearings being held more than six months
after being requested. The committee found these time frames
excessive
and must be addressed by setting reasonable processing times and
improving administrative policy and procedures for claim
determination.
In addition to financial compensation, OVS also provides direct victim assistance through two programs – the Post-conviction Notification Program and the Court-based Advocate Program.
The Post-conviction Notification Program informs eligible individuals of changes in the status of an offender. State law mandates that several different agencies provide victims and other defined individuals with specific information about arrest, conviction, sentence, imprisonment, and release of the accused.
The program review committee found duplication exists in services and population served by the post-conviction notification programs operated by OVS and the Department of Correction (DOC). Furthermore, the existing technology and access to other services found in the OVS post-conviction notification system surpasses the DOC program.
The Court-based Advocacy Program helps crime victims understand and negotiate their way through the criminal justice system with the assistance of court-based advocates. During recent years, the program has experienced rapid growth. However, only about one-half of Connecticut’s criminal courts have access to a court-based advocate.
The program review committee concluded the duties and responsibilities of court-based advocates are varied and not well-defined. OVS has not provided formalized training and, at times, placed advocates in the field with less than adequate administrative resources. The committee believes this situation arose in part because the large influx of new hires materialized before OVS had secured the administrative resources to handle them.
In addition to direct services, OVS also provides assistance to victims and their families through contracts with nonprofit and public organizations. The majority of these contracts are funded and regulated through the federal Victims of Crime Act. However, one program, Homicide Outreach, uses state funds to provide contracted grief counseling sessions to families of homicide victims.
A review of the program statistics indicate families rarely use more than a small portion of the grief counseling sessions available to them. Furthermore, administrative monitoring of the program has been inadequate.
RECOMMENDATIONS
1. OVS adopt a standard for the length of time it deems necessary for normal administrative processing of compensation claims. As of July 1, 1999, OVS should aim to make 75 percent of its determinations on incoming applications within the newly adopted time frame. Furthermore, OVS must establish written policies and procedures for administratively closing inactive claims.
2. OVS, in consultation with the Office of the Chief Court Administrator, must adopt a written policy and procedures manual regarding the review process. At a minimum, the manual should address:
scheduling deadlines;
postponements/cancellations;
protocols for hearings; and
time frames for final decisions.
Each claims commissioner should be provided a manual prior to beginning his or her term. Notice of the hearing policy and procedures should be given to claimants seeking review.
Furthermore, OVS should aggressively pursue the option of having additional claims commissioners temporarily appointed to address any backlog of pending hearings.
3. The statutory requirement for $100 minimal loss be amended to allow OVS discretion in applying minimal loss in cases deemed to be hardship.
4. OVS discontinue batching invoices and submit them for payment as soon as they are prepared.
5. OVS, in conjunction with the Office of Adult Probation, develop formal recovery policies and procedures and design an interagency tracking system to identify restitution subject to OVS collection.
In addition, OVS should design and maintain a system for projecting recoverable funds from all potential sources including, but not limited to, insurance, court actions, or other collateral source.
6. OVS prepare and formally adopt a written policy and procedures manual for its Victim Notification Program.
7. OVS assume statutory authority over all victim notification mandates by January 1, 2001.
8. OVS, in consultation with all agencies currently required to provide victim notification, shall develop a plan outlining needed changes, resources, and/or necessary working agreements for implementing this mandate. The plan shall be submitted to the General Assembly no later than February 15, 2000.
9. OVS must develop a plan to ensure equal access to court-based advocate services in all criminal courts.
10. OVS shall work with the Division of Criminal Justice to develop by January 1, 2000, written guidelines outlining the victim advocate’s specific responsibilities and duties in each courthouse. Such guidelines shall be reviewed at least once every five years beginning in 2005.
In addition, if the program is expected to expand, an adequate level of supervision must be maintained.
11. OVS develop and implement a formalized training program for its court-based advocates. In addition, training manuals must ensure that information provided address the differences and distinctions among courthouses specifically juvenile courts.
12. OVS make every attempt to house their court-based advocates within the courthouse.
13. Prior to any additional advocates being placed in the field, OVS must develop an administrative plan for the transition of court-based victim advocates into the criminal justice system.
14. OVS develop written policy and procedures for the Homicide Outreach Program.
Subcontractors providing grief counseling for the Homicide Outreach Program should be required to compile client use data as a condition of their service contract. At a minimum, data collected should include: the number and percentage of families accepting services; the number of sessions used per family; and time frames within which sessions are used.
In addition, OVS should institute a follow-up evaluation process for clients to provide feedback on services they receive.
15. OVS develop standardized policy and procedures relating to the referral process to specialized contractual services. In addition, each court-based advocate should be provided a resource guide of specialized victim services available their region.
16. OVS develop strategies to increase public education regarding available victim services. In particular, an explanation of the role and responsibilities of the court-based advocate should be incorporated into the mandated training provided to courthouse personnel including but not limited to prosecutors and judges.
17. The statutory provision limiting OVS contracts to nonprofit organizations be amended to allow OVS more flexibility in contracting.
18. OVS shall develop a set of performance standards to be used in evaluating the agency’s overall performance as well as all key components and phases of each program’s administration. At a minimum those standards shall address:
specific time frames for claims processing, claims hearings, and payment of awards;
projected amount of recoverable compensation funds;
timeliness of victim notification;
promoting equal access to court-based advocacy in court districts;
ensuring statewide use of programs; and
assessing victim satisfaction with services.
The standards must be established by January 1, 2000, and measured on an annual basis. A report detailing the outcomes of the performance measures shall be submitted to the chief court administrator.