Looking Ahead: Human Trafficking Awareness Month

By Julie Nauman, VCGCB Executive Officer

Greetings, and a very Happy New Year to you.

As we enter a new year together, it is a good time to reflect on our accomplishments from the past 12 months, but to also take inventory, and to take action on the work that lies ahead.

Such is the case with the subject of Human Trafficking. The month of January is set aside to increase awareness of this important topic, and to increase access to the services we provide to trafficking survivors. Today we acknowledge and honor Human Trafficking Awareness Day, which is a part of a month-long commemoration set aside to increase awareness of this important topic and to increase access to the services we provide to trafficking survivors.

More than 20 million men, women and children around the world and in our own communities are currently victims of human trafficking — a $32 billion dollar industry that transcends age, gender, race and status. 

We have come a long way in how we now handle these cases. For years, state law did not allow these victims to receive benefits if they had participated in a crime or were involved in the events leading to their victimization. 

They were treated as prostitutes and disqualified, whether or not they had been forced into sexual slavery, and subjected to rape and physical and mental abuse. Many of them did what they had to do, simply to survive. We saw the need for change, and added a regulation in 2014 to allow them to get assistance from our California Victims Compensation Program (CalVCP).  

Since that time, we have received many applications from human trafficking victims — a population we had not served before. But we want to help all of these victims, so we need to collaborate with our partners to reach out to these individuals who desperately need our help.

In light of this, we are hosting a human trafficking trauma-informed training to educate our staff and our partners who work with these human trafficking victims. This training will be presented by Chris Stambaugh from The Grace Network, a grassroots organization that has mobilized thousands of people to combat human trafficking. Chris will discuss how they use technology to reach and serve victims, and will give a presentation on their free user-friendly resource app, “GraceCity” that allows first responders to access services for those affected by human trafficking. This training will be live-streamed on January 14, 2016 at 10 a.m. This focused training will be extremely informative and helpful as we continue to explore better ways to meet the unique needs of these survivors.

The training builds upon our earlier human trafficking workshop presented by Opening Doors, which is available to view anytime. This workshop gives insight into how you can identify a victim of sex trafficking, forced labor and debt bondage and the psychological mechanisms behind the abuse.  

Additionally, we have developed a short public service announcement (PSA) featuring our Board member, and San Bernardino County District Attorney, Michael Ramos. District Attorney Ramos has been a leader in California in recognizing that women, men, and children who are trafficked are victims of crime and their trafficking must be aggressively prosecuted. We ask that you share this PSA with your own networks.

As we go forward, CalVCP will continue to engage in the discussion of human trafficking and how this critical subject is handled through law enforcement and the victim services arena.

I am honored to work in a state dedicated to education and action, striving to make a tangible difference in the lives of victims. We invite you to participate in our workshops during Human Trafficking Awareness Month and we encourage you to join us in this effort to ensure that all victims of human trafficking receive the respectful and compassionate help they deserve.

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Julie Nauman is the Executive Officer for the Victim Compensation and Government Claims Board (VCGCB). VCGCB provides compensation for victims of violent crime and helps to resolve claims against the State.

Restitution Rights for Victims

By Julie Nauman, VCGCB Executive Officer

The question was recently posed about the fairness of asking defendants to pay restitution when they have so many other hurdles to overcome. I certainly understand these are trying financial times for everyone, for defendants and victims. While difficulties for offenders post-incarceration may be more visible to the public, let me remind you that we receive requests for assistance from victims that have lost jobs, homes, means of transportation, and physical aptitude, many of whom have suffered life-altering changes and significant mental trauma as a result of crime. Victims do not ask to be victimized and each has the absolute right to be made whole.

Many crime victims suffer life-altering losses.

The Victims’ Bill of Rights Act of 2008 codified the right to restitution along with other important victim rights. Restitution plays an important role in healing for victims. It is designed to provide financial restoration and to mitigate some of the negative impacts of crime. A victim of crime should not have to suffer calls from bill collectors or loss of independence because of someone else’s choices. Restitution can financially relieve the burdens placed on victims as a result of the crimes that occurred.

Restitution can be beneficial not only for victims, but also for offenders. For many offenders, restitution acts as a tool for their rehabilitation. Studies have shown that paying restitution can reduce recidivism. It gives offenders a way to take responsibility for their actions, make reparations to victims, and address feelings of guilt in a helpful way.

"We cannot forget about the support needed for victims who are impacted by unforeseen crimes, many of whose worlds are turned upside down."

There is no mistaking that crime costs us all. However, restitution fines help to shift the financial responsibility for crime back to the offenders. The money collected through fines paid by offenders helps to keep the Restitution Fund viable so victims’ needs may be met if there is no other form of payment available; for example, when the offender’s identity is unknown, or when a defendant is unable to pay for all of the expenses immediately.

It is important to uphold the rights of California’s victims. We cannot forget about the support needed for victims who are impacted by unforeseen crimes, many of whose worlds are turned upside down. I remain committed to our fight to ensure that victims receive the restitution owed to them and that offenders pay their debts.

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Julie Nauman is the Executive Officer for the Victim Compensation and Government Claims Board (VCGCB). VCGCB provides compensation for victims of violent crime and helps to resolve claims against the State.

Restitution: A Fundamental Right for Victims

By National Crime Victim Law Institute

Victims of crime often suffer immeasurable harm as a result of the criminal conduct inflicted on them. The economic impact of such harm is rightly borne by the perpetrator, not the victim. Restitution is one mechanism by which the justice system can ensure that the perpetrator, not the victim, bears the burden. Restitution is ordered in criminal sentences and is money paid from the offender to the victim for losses that the victim suffered as a result of the offender’s crime. Ordering and securing collection of restitution is an important part of ensuring that victims are treated fairly and with dignity. Fortunately, every jurisdiction has a statutory provision providing a right to restitution, and at least eighteen states have enshrined the right in their constitutions. (Read more in NCVLI’s publication, A Summary of 12 Common Victims’ Rights). These restitution provisions have evolved out of a historical framework embodying both compensatory and penological (e.g., deterrence, rehabilitation, and accountability) aims.

Victims are fighting every day to secure full restitution orders.

Despite these laws affording victims statutory and constitutional rights to restitution, victims are fighting every day to secure full restitution orders and to recover even pennies on the dollar of those orders. NCVLI is a part of this fight. We are working to ensure that the right to restitution is meaningful so that victims are not asked to finance their own victimization.

As part of this fight we are working on four restitution cases pending in appellate courts right now! One of these is in front of the Oregon Supreme Court in a case in which defendant pled guilty to DUII and Assault IV and everyone in the case agreed on the economic losses of the victims. Despite this the trial court awarded the victims only 10% of their losses because the trial court thought the victims were “at fault” also. This insertion of what is known in civil law as “comparative fault” is a dangerous turn that could result in victims being put on trial and increased victim-blaming. NCVLI secured pro bono counsel for these victims and has submitted an amicus brief in the case!

In another case we are fighting in the Utah Supreme Court in a case in which defendant - convicted of unlawful sexual conduct with a minor not involving intercourse - has objected to the victims recovering the costs of travel and lost wages related to their attendance at court proceedings. NCVLI is submitting an amicus brief on the law. In this and all of our restitution cases we pose the question - how can we ask victims to report crimes and participate in our justice system if we turn around and hand them a bill?

We passed laws nationwide to ensure that victims of crime do not have to finance their own victimization. We must now fight to ensure that those rights are meaningful!

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The National Crime Victim Law Institute (NCVLI) is a nonprofit educational and advocacy organization located at Lewis and Clark Law School in Portland, Oregon. NCVLI’s mission is to actively promote balance and fairness in the justice system through crime victim-centered legal advocacy, education, and resource sharing. NCVLI achieves its mission through education and training; promoting the National Alliance of Victims’ Rights Attorneys; researching and analyzing developments in crime victim law; and participating as amicus curiae in court cases nationwide, and assisting crime victim attorneys, advocates, and victims by providing information on crime victim law. NCVLI’s website contains a library on victim law.

Reprinted and/or reproduced with permission of the National Crime Victim Law Institute (NCVLI), all rights reserved. NCVLI actively promotes balance and fairness in the justice system through crime victim centered legal advocacy, education, and resource sharing. To view NCVLI’s library of crime victims’ rights publications, please visit www.ncvli.org.

Collecting from Offenders, Caring for Victims

By Julie Nauman, VCGCB Executive Officer

Our mission at CalVCP is to serve victims and help them recover from the traumatic impact of crime. A critical part in providing this service is the Restitution Fund, which we use to pay victims’ crime-related expenses. It is fueled by fines and orders levied by judges against criminal offenders. This process not only helps victims become whole, it also helps to rehabilitate offenders as they are forced to face the impact of their crimes, and at the same time contribute to their victims’ healing.

The Court Ordered Debt Program
has collected over $7 million
during the last year, money that
can help pay expenses for victims
of violent crime.

In July 2011, staff from the CalVCP Fiscal Services Division Court Ordered Debt Program began processing over 400,000 fine cases that had gone unpaid by criminal offenders. Their job is to track down offenders who still owe money to the fund after they are discharged from prison. Working in conjunction with the Department of Corrections and Rehabilitation and the Franchise Tax Board, they ensure the collection of the debts owed to these victims of crime.

The Court Ordered Debt Program has collected over $7 million during this fiscal year alone! That’s $7 million that CalVCP can put toward medical bills, lost wages, counseling and other expenses for victims of violent crime.

Our Fiscal Services staff has worked diligently for these dollars. They have handled over 59,000 calls since July 2011, tracking hundreds of thousands of cases in a massive database that is constantly updated with new information.

I couldn’t be more proud of the staff in the Court Ordered Debt Program. Their accomplishments will help many victims in need. They exemplify CalVCP’s commitment to make restitution a cornerstone of our program. Join me in congratulating them and thanking them for their dedication to victims. Keep up the good work.

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Julie Nauman is the Executive Officer for the Victim Compensation and Government Claims Board (VCGCB), appointed in 2008. VCGCB provides compensation for victims of violent crime and helps to resolve claims against the State.

Protecting Crime Victims for the Long Haul

By Julie Nauman, VCGCB Executive Officer

Earlier this year, Governor Brown signed Assembly Bill 898, a bill that will help California continue to provide necessary funds to victims of violent crime and help them with the high costs associated with those crimes. This new legislation increases minimum fines placed on offenders for felonies and misdemeanors for the first time in nearly 20 years. The last time minimum fines were increased to protect crime victims who had suffered out-of-pocket expenses was 17 years ago, in 1994. At that time, gasoline was just over $1.00 per gallon, and a gallon of milk was $2.88. Today, those prices have more than tripled and doubled. You can imagine how the cost of medical treatment has risen since then. The California Victim Compensation Program (CalVCP) relies heavily on these fines to take care of the needs of California’s crime victims. This is why an increase, along with imposing and collecting restitution, is more important than ever. Restitution does more than impose a fine; it holds the offender accountable and helps with the healing process for the victim. Increasing fines to be sure the program can meet the needs of victims for years to come is paying respect to the victims and their families who often endure a lifetime of struggle.

CalVCP covers horrific crimes such as domestic violence, child abuse, sexual and physical assault, homicide, robbery, drunk driving, and vehicular manslaughter. In Fiscal Year 2010/11, the program paid out nearly $96 million to victims. This year, we anticipate the costs to be even higher. We help the victims through those fines paid by criminal offenders, not tax-payer dollars.

As we know, the California Victim Compensation Program is the last hope for many crime victims. With offenders paying more, we can be there to help.

October is Domestic Violence Awareness Month

By Julie Nauman, VCGCB Executive Officer

It is far too often that I learn of yet another domestic dispute that tragically advances into domestic violence (DV). While many reports do not show an increase in the number of DV cases, many California studies are showing an increase in the level of violence in reported cases.

Domestic violence, often referred to as intimate partner violence (IPV), occurs between two people in a close relationship and includes current and former spouses and dating partners. It can be a single episode of violence to ongoing battering and includes physical violence, sexual violence, threats and emotional abuse. The National Center for Injury Prevention and Control of the Division of Violence Prevention reports the following unsettling statistics:

• Each year, 4.8 million women fall prey to intimate partner related physical assaults and rapes.
• Each year, 2.9 million men fall prey to intimate partner related physical assaults.
• IPV resulted in 2,340 deaths in 2007. Of these deaths, 70% were females and 30% were males.

Here at CalVCP, we understand that when tragedy strikes, it can be a frightening and traumatic experience that often includes physical, emotional, or financial harm. Many victims have questions about whom they can trust and where they can go for help. When it comes to financial assistance, CalVCP may provide needed compensation to help cover treatment and other support services for victims and their families. It is imperative that victims and their loved ones know that CalVCP can help.

Just last year, our program helped nearly 14,000 domestic violence victims pay for expenses related to their crime. CalVCP provided more than $18.5 million in reimbursement costs last year covering mental health treatment, medical bills, relocation fees, income and support loss, funeral and dental expenses for those inflicted by domestic violence.

CalVCP stands firm in our commitment to do all that we can to help. During October, Domestic Violence Awareness Month, many will be doing their part to raise awareness and provide tangible resources for victims. Let us encourage our friends, families and neighbors to report intimate partner violence when it is suspected.

If you suspect someone is in danger please direct them to the National Domestic Violence Hotline 1-800-799-SAFE (7233), 1-800-787-3224 TTY, or www.ndvh.org.

There is hope. CalVCP can help.

Working Toward Healing

By Julie Nauman, VCGCB Executive Officer

Last month, CalVCP received a letter announcing it was the recipient of a donation of nearly sixteen thousand dollars from two California Prison Industry Authority (CALPIA) work programs and was to be honored at a ceremony at the N.A. Chaderjian Youth Correctional Facility in Stockton. While thrilled by the donation, I hesitated at first on the decision to attend the presentation at a correctional facility out of respect for victims and their families. However, as I learned more about the program, I felt compelled to participate and meet the young men who chose CalVCP as the beneficiary of this donation.

For those not familiar, CALPIA is an inmate work program that provides productive job opportunities for inmates in California correctional institutions. Its primary function is to rehabilitate inmates and facilitate their successful reentry into society. Many times they partner with outside private firms, in this case Free Venture Program (FVP), to learn computer repair, welding and other trade skills. And while this work may help inmates with their own healing process, it is also mandated by law that twenty percent of their earned wage be donated to victim service organizations. As they get paid, these offenders are reminded they owe a debt to their victims, and to society as a whole, for the criminal choices they made.

The youth offenders who donated this money are serving time for crimes like sexual assault and other serious felony convictions. While getting intense treatment, all are learning new skills to help them adjust to the outside world as well as a new way of thinking about their crimes and the impact they have had on their victims.

The money from CALPIA’s donation was raised by youth offenders at two California Division of Juvenile Justice facilities who participated with FVP. This unique program allows incarcerated juvenile offenders to work for private sector companies from within correctional facilities and earn a wage comparable to what they would make outside the facility for the same job. Those participating in the program pay taxes, room and board, and family support.

At the donation presentation ceremony, I listened to these young offenders talk about the pride they take in their work and the joy they find by being able to earn a paycheck, pay for child support and meet their obligation to pay restitution. Some got up and talked about a fresh start for themselves and their families. Others discussed how helping the people they hurt the most—the innocent victims, is the best part of the program. I realized—they were working to heal as well.

While this contribution came from an unlikely source, I was more than pleased to accept it on behalf of the crime victims of California. The money will go directly toward helping victims heal, by reimbursing them for crime-related costs such as mental health treatments and funeral bills. These youth offenders are now, in effect, helping other crime victims through their generous donation and we hope the lessons they have learned will resonate in the community and help reduce crime and its impact on victims.

Meeting Budgetary Needs

By Julie Nauman, VCGCB Executive Officer

Last week, members of the Victim Compensation and Government Claims Board made some very difficult decisions regarding the services CalVCP provides. These decisions, while not easy, were necessary in the face of a diminishing Restitution Fund. For the past few years the amount of revenue received from restitution fines, orders and penalties has declined. For FY 2010-11 the Governor’s budget estimates our revenues will be down by 3%, while claim payments are projected to increase by 2.1%.  At this pace without budget reductions, the Restitution Fund will be $4.2 million in the red by June 2012 and have a $36.2 million negative balance by June 2013.

 In an effort to assure that the Board can continue to compensate victims of crime, the Governor’s Budget for FY 2011-12 calls for more than $5.8 million in savings which includes a $2.2 million savings in operating expenses and a reduction in Joint Power (JP) and Criminal Restitution Compact (CRC) local assistance program contracts of $700,000. It also places a cap on the growth rate of benefit payments to victims of 2.5 percent for claims from FY 2010-11 to FY 2011-12. However, even with these proposed savings in the Governor’s budget, the Restitution Fund would still have a deficit of $20.3 million in 2013.

 That is why the Board took decisive actions and voted on measures that will provide a savings of $15.7 million and better align the program benefit payments with its revenues. Specifically, the Board voted to:

• Limit chiropractic, physical and occupational therapy to a combined total of five sessions and require a physician’s recommendation for additional sessions up to a maximum of 20 sessions.
• Limit income and support loss benefits to victims who are actually employed at the time of the crime and require income and tax records to verify income.
• Establish a maximum benefit of $30,000 for vehicle purchase, renovation and retrofitting per qualifying crime.
• Determine appropriateness of attorney fee limit of payment in statute and prepare a regulation that requires verification of the reasonable value of legal services provided to an applicant.
• Establish a maximum benefit for funeral and burial expenses of $5,000 and remove food and beverages as reimbursable expenses.
• Establish a maximum benefit amount of $63,000.
• Reduce the CalVCP medical reimbursement rate to the flat Medicare rate and reduce restorative cosmetic surgery, prosthetics, hearing aids and eyeglasses, and foreign provider rates by 20%.
• Reduce the CalVCP mental health reimbursement rate by 10%.
• Continue the reduction of the reimbursement rate for mental health services provided by interns adopted by the Board on December 16, 2010 and implemented by staff in January 2011.

These actions adopted by the Board along with the other cost savings measures that the Board has already implemented such as reducing our administrative costs, holding positions vacant, limiting outreach and training and travel expenditures, will allow CalVCP to realize a balance of approximately $14 million by 2013. We will continue to work with our stakeholders on finding more long-term solutions to ensure solvency of the Restitution Fund for years to come so that we may continue to provide vital services to victims of violent crime in California.