AILEEN ADAMS' REMARKS

TO

ASSISTANT UNITED STATES ATTORNEYS

JANUARY 24, 1996

IT'S GREAT TO BE HOME IN SUNNY L.A. AFTER HAVING BARELY SURVIVED THE BLIZZARD OF '96 IN D.C. I WAS PARTICULARLY HAPPY TO SEE MARK ROSENBAUM IN THE AUDIENCE WHOM I WORKED WITH YEARS AGO IN THE CITY ATTORNEY'S OFFICE HERE IN L.A. AND WHO IS NOW WORKING IN ALASKA AS AN ASSISTANT U.S. ATTORNEY. I DON'T KNOW MARK IF ALASKA HAS THE SAME STRATEGY THAT WASHINGTON, D.C. HAS TO GET RID OF THE SNOW ON THE ROADS. D.C.'S STRATEGY SEEMS TO BE IN A WORD --- SPRING. THE WONDERS OF GOVERNMENT!

BEFORE DISCUSSING OVC, I WANT TO COMMENT ON JOHN STEPHEN'S EXCELLENT PRESENTATION ABOUT THE PROSECUTION OF JUVENILE OFFENDERS. IF I HAD TO SELECT MAJOR CONCERNS IN THE CRIME VICTIMS' COMMUNITY TODAY, AT THE TOP OF THE LIST WOULD BE VICTIMS RIGHTS IN JUVENILE PROCEEDINGS. IT IS AN EXTREMELY "HOT TOPIC" --- AN AREA IN WHICH A LOT OF CHANGES ARE TAKING PLACE VERY RAPIDLY. THERE ARE A NUMBER OF REASONS FOR THIS. THE FIRST OF COURSE IS THAT MOST STATES DESIGNED THEIR JUVENILE JUSTICE SYSTEMS YEARS AGO TO DEAL WITH SHOPLIFTERS AND TRUANTS. TODAY YOUTH VIOLENCE IS ONE OF THE FASTEST GROWING SEGMENTS OF CRIME, AND IT'S OFTEN CHARACTERIZED BY UNTHINKABLE BRUTALITY AND INHUMANITY. THE OLD SYSTEMS CLOAKED IN SECRECY SIMPLY DON'T MEET THE NEEDS OF THE CURRENT REALITY.

SECOND, VIRTUALLY EVERY STATE TODAY HAS A VICTIMS BILL OF RIGHTS, AS DOES THE FEDERAL SYSTEM --- BUT IN MOST STATES THESE RIGHTS DO NOT APPLY TO VICTIMS OF JUVENILE OFFENDERS. EXTENSION OF THESE RIGHTS INTO THE JUVENILE JUSTICE SYSTEM IS THE NEXT LOGICAL STEP MANY VICTIM ADVOCATES BELIEVE. THEY ARE MAKING THE SAME ARGUMENT ABOUT HAVING A VOICE IN THE JUVENILE JUSTICE SYSTEM THAT THEY WERE MAKING 20 YEARS AGO ABOUT HAVING A VOICE IN THE CRIMINAL JUSTICE SYSTEM. VICTIMS OF JUVENILE OFFENDERS UNDERSTANDABLY WANT THE RIGHT TO BE INFORMED ABOUT THE STATUS OF THE CASE AND THE RIGHT TO BE HEARD AT SENTENCING. AND I WOULD ARGUE THAT THESE VICTIMS' RIGHTS ARE ALSO GOOD FOR JUVENILE OFFENDERS. AS PART OF THE REHABILITATION PROCESS, JUVENILE OFFENDERS NEED TO HEAR HOW THEIR CRIME HAS IMPACTED REAL PEOPLE. THEY NEED TO PUT A HUMAN FACE ON CRIME. IN FACT, THE IMPORTANCE OF HEARING FROM CRIME VICTIMS DIRECTLY IS NOW RECOGNIZED BY MANY JUVENILE DETENTION FACILITIES AND WAS PIONEERED HERE IN CALIFORNIA BY THE CALIFORNIA YOUTH AUTHORITY THAT HAS FREQUENT VICTIM IMPACT CLASSES WHERE SURVIVORS TALK FACE TO FACE WITH OFFENDERS ABOUT THE HUMAN IMPACT OF CRIME. THAT FACILITY, BY THE WAY, HOUSES OVER 100 FEDERAL JUVENILE OFFENDERS, PRIMARILY NATIVE AMERICANS.

LEGISLATIVELY, A NUMBER OF STATES HAVE RECENTLY ENACTED PROVISIONS THAT PERMIT VICTIM IMPACT STATEMENTS AT THE TIME OF THE DISPOSITION OF THE CASE AND A FEW HAVE GONE MUCH FARTHER. CONNECTICUT, FOR EXAMPLE, PASSED ONE OF THE MOST FAR-REACHING REFORM PACKAGES LAST YEAR. IN THE SUMMARY OF ITS REFORMS, IT WAS NOTED: VICTIMS WILL HAVE ALL OF THE SAME RIGHTS IN JUVENILE COURT AS IN ADULT COURT

THERE IS NOT ONLY A GREAT DEAL OF INTEREST IN THIS ISSUE ON THE HILL (WE EXPECT A NUMBER OF BILLS TO BE INTRODUCED THIS SESSION,) BUT ALSO WITHIN DOJ. THE COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY PREVENTION, WHICH IS CHAIRED BY THE ATTORNEY GENERAL, IS CALLING FOR THE RIGHTS OF VICTIMS OF JUVENILE OFFENDERS TO MIRROR THE RIGHTS OF VICTIMS OF ADULT OFFENDERS IN A REPORT THAT IS BEING PRINTED THIS WEEK.

SO STAY TUNED. THIS IS AN AREA IN PROFFERED TRANSITION. IN FACT, OVC IS FUNDING THE COMPILATION OF A LEGISLATIVE DIRECTORY WHICH WILL INCLUDE AN UPDATE OF JUVENILE COURT CHANGES. WE EXPECT TO HAVE THAT DIRECTORY AVAILABLE EARLY THIS SUMMER.



I AM VERY PLEASED TO BE HERE THIS MORNING TO TALK WITH YOU ABOUT A VARIETY OF TOPICS, INCLUDING VICTIMS' RIGHTS AND SERVICES, AND THE SIGNIFICANT RESOURCES OF THE OFFICE FOR VICTIMS OF CRIME, WHICH WE REFER TO AS OVC. WE ADMINISTER OVER $200 MILLION IN FEDERAL FUNDS TO BENEFIT CRIME VICTIMS (SOME OF THOSE FUNDS ARE AVAILABLE TO YOU AS I WILL DESCRIBE) AND WE ARE THE CHIEF ADVOCATE WITHIN THE DEPARTMENT OF JUSTICE FOR VICTIMS RIGHTS AND SERVICES.

IN A MOMENT, I WANT TO GIVE YOU AN OVERVIEW OF OUR OFFICE; DESCRIBE THE MANY WAYS IN WHICH WE CAN WORK TOGETHER, AND HIGHLIGHT IMPORTANT VICTIMS' PROVISIONS, PROGRAMS, AND CONCERNS. BUT I WANT TO BEGIN WITH FOUR BRIEF EXAMPLES OF THE KINDS OF SERVICES THAT WE PROVIDE TO U.S. ATTORNEY'S OFFICES:

THE FIRST IS A CRISIS RESPONSE CAPABILITY. AN EXAMPLE: ON THANKSGIVING EVENING IN 1994, STEVEN SWALLOW TOOK A HOUSEFUL OF PEOPLE HOSTAGE ON THE WIND RIVER RESERVATION IN WYOMING AND SHOT SEVERAL OF THEM. DURING A FIVE HOUR ORDEAL, HE PREVENTED LAW ENFORCEMENT OFFICERS AND EMERGENCY MEDICAL PERSONNEL FROM RENDERING ASSISTANCE TO THE VICTIMS HE HAD WOUNDED. THEIR PLEAS FOR HELP WERE HEARD NOT ONLY BY THE 911 OPERATORS, BUT BY A NUMBER OF PEOPLE IN THE COMMUNITY WHO WERE LISTENING TO THEIR POLICE SCANNERS. SWALLOW FINALLY MURDERED FOUR PEOPLE. HE WAS FOUND PASSED OUT ON THE FLOOR, DRUNK.

BECAUSE OF THE CLOSE-KNIT, RURAL NATURE OF THE RESERVATION COMMUNITY, MOST OF THE RESIDENTS WERE EITHER RELATED TO THE VICTIMS OR KNEW THEM WELL. THE U.S. ATTORNEY'S OFFICE IN THE DISTRICT OF WYOMING CALLED OVC. THROUGH OUR CRISIS RESPONSE PROGRAM, WE PAID FOR A NOTED PSYCHOLOGIST WITH YEARS OF EXPERIENCE IN WORKING WITH NATIVE AMERICANS TO PROVIDE DEBRIEFINGS OVER A TWO MONTH PERIOD FOR FAMILY AND COMMUNITY MEMBERS AFFECTED BY THIS QUADRUPLE HOMICIDE.

THE SECOND EXAMPLE IS FUNDING FOR DIVERSE KINDS OF CONFERENCES DEPENDING ON THE NEEDS IN YOUR DISTRICTS. IN 1993, 13 CORRECTIONAL OFFICERS WERE TAKEN HOSTAGE AT LUCASVILLE, A SOUTHERN OHIO CORRECTIONAL FACILITY. THE SIEGE WAS BROUGHT TO AN END THROUGH NEGOTIATIONS AFTER 11 DAYS, DURING WHICH TIME ONE CORRECTIONAL OFFICER AND NINE INMATES WERE KILLED. DAMAGES WERE ESTIMATED AT OVER $5 MILLION.

AT THE REQUEST OF FIVE MIDWEST U.S. ATTORNEYS' OFFICES, OVC PROVIDED $13,300 TO UNDERWRITE A MIDWEST REGIONAL CRISIS NEGOTIATORS CONFERENCE HELD LAST SEPTEMBER IN OHIO. THIS CONFERENCE BROUGHT TOGETHER MORE THAN 300 FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT OFFICIALS, VICTIM SERVICE PROVIDERS, COMMUNITY CORRECTIONS OFFICIALS, AND FEDERAL AND LOCAL HOSTAGE NEGOTIATORS FROM THE MIDWEST REGION. WORKSHOPS INVOLVING CRITICAL INCIDENT RESPONSE, HOSTAGE NEGOTIATIONS AT PRISON TAKE-OVERS, AND MENTAL HEALTH PROGRAMS DESIGNED TO ASSIST VICTIMS IN CRISIS WERE SHOWCASED. THE CONFERENCE ALSO INCLUDED A UNIQUE, ALL-MALE VICTIM IMPACT PANEL, FEATURING CORRECTIONS OFFICERS WHO WERE HELD HOSTAGE DURING THE LUCASVILLE UPRISING. THIS OUTSTANDING CONFERENCE DEMONSTRATED HOW AGENCIES COULD SHARE RESOURCES AND EXPERTISE TO ASSIST VICTIMS OF HOSTAGE AND OTHER CRISIS SITUATIONS.

THE THIRD EXAMPLE OF HOW OVC CAN HELP YOU IS OUR EMERGENCY FUND FOR FEDERAL CRIME VICTIMS. AGAIN, AN EXAMPLE. IN 1982, CLIFFORD STROUT SHOT AND MURDERED 18-YEAR-OLD MARK REED AT POINT-BLANK RANGE WHILE MARK WAS VACATIONING IN BEAUTIFUL ACADIA NATIONAL PARK. MR. STROUT WAS SENTENCED TO 30 YEARS IN PRISON. THIS PAST YEAR OVC FUNDED A REQUEST FROM THE DISTRICT OF MAINE TO PAY FOR THE COST OF MARK'S BROTHER TO ATTEND AND TESTIFY AT STROUT'S PAROLE HEARING IN MICHIGAN. HIS PAROLE WAS DENIED.

THE FOURTH EXAMPLE IS OVC'S TRAINERS BUREAU. ANOTHER EXAMPLE: THE U.S. ATTORNEY'S OFFICE IN THE DISTRICT OF COLUMBIA HANDLES MORE THAN 200 CASES OF CHILD ABUSE EACH YEAR, AS WELL AS CASES WHERE CHILDREN WITNESS DOMESTIC VIOLENCE AND EVEN HOMICIDES. TO ASSIST THEIR YOUNG WITNESSES IN UNDERSTANDING THE COURT PROCESS, THEY REQUESTED FUNDS FROM OVC'S TRAINERS BUREAU TO HIRE AN EXPERT TO HELP IMPLEMENT A COURT SCHOOL, TRAIN SCHOOL STAFF, AND CREATE A TAKE-HOME BOOK ABOUT COURT FOR PARTICIPATING CHILDREN. OVC'S TRAINERS BUREAU IS HELPING THAT DISTRICT TO IDENTIFY THE APPROPRIATE TRAINER AND PAY FOR THAT PERSON'S TRAINING FEE, AS WELL AS TRAVELING EXPENSES.

THESE ARE JUST A FEW EXAMPLES OF WAYS IN WHICH UNITED STATES ATTORNEYS OFFICES AND THE OFFICE FOR VICTIMS OF CRIME HAVE WORKED TOGETHER TO PROVIDE SERVICES TO FEDERAL VICTIMS OF CRIME. OUR OFFICES ARE LINKED CLOSELY IN WAYS YOU MIGHT NOT BE AWARE OF, AND THERE ARE MANY THINGS THAT WE CAN DO TOGETHER -- WHICH I'LL DESCRIBE MORE FULLY IN A MOMENT, TO IMPROVE SERVICES TO VICTIMS OF CRIME.

WHERE DOES OVC'S MONEY COME FROM? A TRULY UNIQUE AND INNOVATIVE SOURCE, CALLED THE CRIME VICTIMS FUND, WHICH IS PAID FOR -- NOT BY TAXPAYERS -- BUT BY FEDERAL CRIMINAL OFFENDERS. THE MONEY IS OFTEN COLLECTED BY UNITED STATES ATTORNEYS' OFFICES LIKE YOURS AND THE U.S. COURTS. THIS FUND, WHICH THE OFFICE FOR VICTIMS OF CRIME ADMINISTERS, WAS ESTABLISHED IN 1984. ALMOST ALL OF THE MONEY -- WHICH LAST YEAR AMOUNTED TO A RECORD $233 MILLION -- IS DISTRIBUTED BACK TO THE STATES TO HELP FUND TWO KINDS OF PROGRAMS: VICTIM ASSISTANCE AND VICTIM COMPENSATION.

THE FUND HELPS PAY FOR COUNSELING FOR YOUNG CHILDREN WHO HAVE BEEN SEXUALLY ABUSED; IT HELPS FUND BATTERED WOMEN'S SHELTERS AND RAPE TREATMENT CENTERS; AND IT PROVIDES SERVICES FOR THOSE INJURED BY DRUNK DRIVERS, FOR VICTIMS OF ELDER ABUSE AND HATE AND BIAS CRIMES, FOR SURVIVORS OF HOMICIDE VICTIMS, AND MANY OTHERS.

THESE PROGRAMS WHICH RECEIVE OUR VOCA FUNDS THROUGH THE STATES, MUST PROVIDE THE SAME SERVICES TO FEDERAL CRIME VICTIMS AS THEY DO TO VICTIMS OF STATE CRIMES AND ARE IMPORTANT RESOURCES FOR YOUR OFFICES.



VICTIM ASSISTANCE FUNDS HELP SUPPORT NEARLY 3,000 LOCAL VICTIM AGENCIES NATIONWIDE, WHICH PROVIDE SERVICES TO MORE THAN 2 MILLION CRIME VICTIMS EACH YEAR. THE CRIME VICTIMS FUND ALSO PROVIDES A SIGNIFICANT PORTION OF VICTIM COMPENSATION FUNDING IN THIS COUNTRY. THESE COMPENSATION FUNDS REIMBURSE CRIME VICTIMS FOR OUT-OF-POCKET EXPENSES RESULTING FROM THEIR VICTIMIZATION, INCLUDING MEDICAL BILLS, FUNERAL COSTS, COUNSELING SERVICES, AND LOST WAGES. YOU SHOULD TAKE ENORMOUS PRIDE IN THESE PROGRAMS WHICH HELP PROVIDE JUSTICE AND HEALING FOR CRIME VICTIMS BECAUSE YOUR EFFORTS HELP TO FUND THEM.

THE ATTORNEY GENERAL HAS MADE THE COLLECTION OF THESE FUNDS A TOP PRIORITY WITHIN THE DEPARTMENT BY EMPHASIZING ITS IMPORTANCE AT ALL APPROPRIATE FORUMS. AND THIS PAST YEAR, THE CRIME VICTIMS FUND REACHED AN ALL-TIME HIGH OF $233 MILLION --- $53 MILLION MORE THAN THE PREVIOUS YEAR. (AS YOU CAN IMAGINE, I AM THE ENVY OF EVERY ADMINISTRATOR IN WASHINGTON, D.C. --- MY BUDGET WENT UP, AND MY FUNDS ARE NOT APPROPRIATED.) TO FURTHER HIGHLIGHT THE FUND'S IMPORTANCE, GENERAL RENO PARTICIPATES IN AN ANNUAL CRIME VICTIM FUND AWARD CEREMONY -- DURING WHICH TIME SHE PRESENTS AWARDS TO ABOUT A DOZEN FEDERAL EMPLOYEES WHO HAVE HAD AN EXTRAORDINARY IMPACT ON THE FUND, INCLUDING ASSISTANT U.S. ATTORNEYS AND MEMBERS OF FINANCIAL LITIGATION DIVISIONS. ONE AWARD RECIPIENT LAST YEAR INCREASED CASH COLLECTIONS IN HER DISTRICT BY 1,200% BY USING A VARIETY OF INNOVATIVE RESEARCH AND COLLECTION STRATEGIES.

OVC SETS ASIDE FUNDS EACH YEAR TO PROVIDE SERVICES FOR VICTIMS REQUESTED BY U.S. ATTORNEYS' OFFICES. WE DO THIS THROUGH THREE SEPARATE PROGRAMS WHICH I HAVE ALLUDED TO: THE FEDERAL CRIME VICTIM ASSISTANCE FUND, THE TRAINERS BUREAU, AND OUR CRISIS RESPONSE PROGRAM CALLED THE IMMEDIATE RESPONSE TO EMERGING PROBLEMS PROGRAM, BETTER KNOWN AS IREP.

THROUGH OUR FEDERAL CRIME VICTIM ASSISTANCE FUND, OVC HAS APPROVED MORE THAN 70 REQUESTS SINCE FY 1993, AND PROVIDED APPROXIMATELY $121,000 FOR SERVICES TO FEDERAL CRIME VICTIMS. THE FUND MAY BE USED TO PAY FOR SERVICES THAT RESPOND TO EMERGENCY NEEDS, INCLUDING CRISIS INTERVENTION AND EMERGENCY FOOD, CLOTHING, AND HOUSING, AS WELL AS SERVICES THAT HELP VICTIMS PARTICIPATE IN JUDICIAL PROCEEDINGS, SUCH AS TRANSPORTATION TO COURT.

THESE FUNDS ARE NOT INTENDED TO CREATE A SEPARATE SYSTEM OF SERVICES FOR FEDERAL CRIME VICTIMS, BUT RATHER TO SUPPORT ESSENTIAL DIRECT SERVICES TO THESE VICTIMS WHEN NO OTHER RESOURCES ARE AVAILABLE. OUR AUTHORIZING LEGISLATION DOES NOT PERMIT THIS FUND TO BE USED, FOR EXAMPLE, FOR VICTIM AND WITNESS MANAGEMENT AND PROTECTION EXPENSES OR NON-EMERGENCY SERVICES, SUCH AS LONG TERM HOUSING. IF YOU HAVE NOT SEEN THEM ALREADY, I WILL BE DISTRIBUTING COPIES OF THE PROGRAM'S NEW GUIDELINES FOR THE USE OF THESE FUNDS.

I WOULD LIKE TO DESCRIBE A FEW EXAMPLES OF HOW THIS FUND HAS BEEN USED RECENTLY:

THIS MONTH, IN RESPONSE TO A REQUEST FROM THE DISTRICT OF NEW MEXICO, OVC PAID MILEAGE COSTS TO ALLOW THE MOTHER OF A MAN MURDERED ON THE LAGUNA PUEBLO TO TRAVEL FROM HER HOME IN RED LAKE, MINNESOTA TO ALBUQUERQUE, NEW MEXICO, TO ATTEND THE TRIAL OF THE DEFENDANT.

IN OCTOBER 1995, IN RESPONSE TO A REQUEST FROM THE DISTRICT OF HAWAII, OVC PAID CRISIS COUNSELING EXPENSES FOR A VICTIM WHO WAS SEXUALLY ASSAULTED AT SEA. THE FBI VICTIM/WITNESS COORDINATOR IN WASHINGTON, THE VICTIM'S STATE OF RESIDENCE, WORKED TO FIND SERVICES FOR THE VICTIM.

IN RESPONSE TO A RECENT REQUEST BY THE EASTERN DISTRICT OF NEW YORK, OVC PAID TRAVEL AND PER DIEM EXPENSES TO ALLOW A CHILD SEXUAL ABUSE VICTIM AND HIS LEGAL GUARDIAN TO ATTEND THE SENTENCING OF THE DEFENDANT.

I WOULD ALSO LIKE TO POINT OUT ONE INSTANCE WHERE VICTIM ASSISTANCE FUND SERVICES WERE DENIED AND EXPLAIN WHY:

OVC DENIED A REQUEST THIS MONTH TO PAY LONG-TERM HOUSING AND PROTECTION EXPENSES FOR THREE CHINESE JUVENILE IMMIGRANTS WHO WERE KIDNAPED, HELD HOSTAGE, BEATEN, AND SEXUALLY ASSAULTED FOR ABOUT A MONTH. THIS REQUEST WAS DENIED BECAUSE OVC FUNDS CANNOT BE USED FOR LONG-TERM HOUSING OR PROTECTIVE SERVICES.

I HOPE THAT THESE EXAMPLES HELP TO CLARIFY WHAT THE VICTIM ASSISTANCE FUND CAN AND CANNOT BE USED FOR.

A SECOND SOURCE OF DIRECT ASSISTANCE TO U.S. ATTORNEY'S OFFICES IS OVC'S TRAINERS BUREAU, WHICH FUNDS EXPERTS TO TRAVEL TO YOUR DISTRICTS TO OFFER SPECIALIZED TRAINING AND TECHNICAL ASSISTANCE IN VICTIM-RELATED TOPICS. THESE MIGHT INCLUDE THE TRAUMA OF VICTIMIZATION, CRISIS RESPONSE TEAM TRAINING, ADVOCACY FOR VICTIMS IN THE CRIMINAL JUSTICE SYSTEM, LEGAL RIGHTS OF VICTIMS, CRIME VICTIM COMPENSATION, PROGRAM STANDARDS FOR VICTIM SERVICES, OR STRESS MANAGEMENT FOR CARE GIVERS.

THE OVC TRAINERS BUREAU HAS SUPPORTED 20 REQUESTS AT U.S. ATTORNEY-SPONSORED EVENTS. FOR EXAMPLE, THE SOUTHERN DISTRICT OF TEXAS SOUGHT A TRAINER FOR A ONE-DAY IN-SERVICE TRAINING ON VICTIM NOTIFICATION PROCEDURES AND VICTIMS' RIGHTS, WITH EMPHASIS ON THE FEDERAL CRIME VICTIMS' BILL OF RIGHTS. THE DISTRICT OF NORTH DAKOTA REQUESTED OVC TO FUND AN EXPERT TO HELP A CONSORTIUM OF LOCAL AND FEDERAL AGENCIES TO IMPLEMENT A MULTI-DISCIPLINARY VICTIM SERVICE PROTOCOL. THE LACK OF COORDINATION BETWEEN AGENCIES HAD BEEN IDENTIFIED AS THE NUMBER ONE CONCERN IN A STATEWIDE NEEDS ASSESSMENT.

THESE SERVICES ARE PROVIDED FREE OF CHARGE TO YOUR DISTRICT. OVC PICKS UP THE COST OF THE TRAINERS' CONSULTANT FEES, TRAVEL EXPENSES, AND PER DIEM. TO REQUEST THESE TRAINERS BUREAU SERVICES, SIMPLY SUBMIT A WRITTEN REQUEST SPECIFYING THE TYPE OF TRAINING OR TECHNICAL ASSISTANCE NEEDED TO OVC.

FINALLY, SINCE 1994, OVC HAS PROVIDED EMERGENCY TRAINING AND TECHNICAL ASSISTANCE TO COMMUNITIES FOLLOWING LARGE-SCALE CRIME VICTIMIZATIONS. EMERGENCY SERVICES, OFTEN PROVIDED BY CRISIS RESPONSE TEAMS, CAN BE MOBILIZED WITHIN 24 TO 48 HOURS OF YOUR REQUEST. FOR EXAMPLE, WITHIN HOURS OF THE MURRAH FEDERAL BUILDING BOMBING IN OKLAHOMA CITY, IREP FUNDED A NINE-MEMBER CRISIS RESPONSE TEAM THAT PROVIDED DEBRIEFINGS AND TRAININGS OF LOCAL SERVICE PROVIDERS AND EMERGENCY SERVICES PERSONNEL. THE TEAM WORKED IN THE COMMAND CENTER, DEBRIEFING RESCUE WORKERS AS THEY ROTATED OUT OF THE BOMB SITE, TRAINING LOCAL CLERGY IN DEATH NOTIFICATION, AND DEBRIEFING ANY OTHERS WHO REQUIRED THOSE SERVICES. TWO ADDITIONAL OVC-SUPPORTED CRISIS RESPONSE TEAMS FURTHER ASSISTED LAW ENFORCEMENT PERSONNEL, AS WELL AS TEACHERS, COUNSELORS, AND SCHOOL CHILDREN THROUGHOUT THE CITY WHO WERE AFFECTED BY THE BOMBING. MORE THAN 2,000 DEBRIEFINGS FOR VICTIMS, FOR EMERGENCY SERVICE PERSONNEL, AND FOR TEACHERS AND SCHOOL CHILDREN WERE CONDUCTED BY THESE THREE TEAMS.

AT THE REQUEST OF U.S. ATTORNEY PAT RYAN, MY SPECIAL ASSISTANT AND I WENT TO OKLAHOMA CITY AND HELPED FORMULATE A PLAN TO: FIRST, IDENTIFY AND CONTACT ALL OF THE BOMBING VICTIMS, FOCUSING FIRST ON FAMILY MEMBERS OF THOSE WHO WERE KILLED AND SERIOUSLY INJURED; SECOND, TO CONNECT AND PUBLICIZE A 1-800 VICTIM ASSISTANCE HOTLINE; THIRD, TO BEGIN CALLING VICTIMS WHO HAD ALREADY BEEN IDENTIFIED TO SCHEDULE PERSONAL APPOINTMENTS; FOURTH, TO DEVELOP PACKETS OF MATERIALS REGARDING VICTIMS' RIGHTS AND AVAILABLE SERVICES; AND FINALLY, TO DEVELOP FORMS FOR VICTIM/WITNESS COORDINATORS TO USE DURING PHONE CONTACTS WITH VICTIMS. LATER I SENT ANOTHER OVC STAFF MEMBER TO CONTINUE TO ASSIST VICTIM/WITNESS COORDINATORS WITH THESE TASKS.

IREP ALSO HAS RESPONDED TO SMALLER, BUT NO LESS DEVASTATING INCIDENTS, SUCH AS AN EIGHT FATALITY DRUNK DRIVING CRASH INVOLVING MEMBERS OF THE RAMAH NAVAJO TRIBE. IREP FUNDED A CRISIS RESPONSE TEAM THAT INCLUDED NATIVE AMERICAN SERVICE PROVIDERS AND WAS SPONSORED BY MOTHERS AGAINST DRUNK DRIVING. THE 7-PERSON TEAM PROVIDED SERVICES TO SURVIVING RELATIVES AND MEMBERS OF THE RAMAH COMMUNITY DIRECTLY AS WELL AS THROUGH A CALL-IN SHOW BROADCAST BY THE TRIBE'S RADIO STATION.

IN ADDITION TO FUNDING SERVICES THAT YOU REQUEST FOR CRIME VICTIMS, OVC ALSO FUNDS MANY TRAINING OPPORTUNITIES FOR FEDERAL PROSECUTORS AND VICTIM/WITNESS COORDINATORS. THESE TRAININGS OFTEN ARE DEVELOPED IN RESPONSE TO REQUESTS FROM YOUR OFFICES.

IN 1994, OVC INITIATED THE DISTRICT SPECIFIC TRAINING PROGRAM, WHICH FUNDS DISCIPLINE-SPECIFIC WORKSHOPS AND CONFERENCES, SUCH AS THE MIDWEST HOSTAGE NEGOTIATION TRAINING CONFERENCE I DISCUSSED EARLIER. TRAININGS ARE PLANNED AND DESIGNED BY DISTRICTS TO MEET THEIR UNIQUE NEEDS. THE FUNDS ALSO MAY SUPPORT SCHOLARSHIPS FOR CONFERENCE PARTICIPANTS FROM REMOTE AREAS. THESE TRAINING PROGRAMS TYPICALLY ASSIST U.S. ATTORNEYS IN THEIR COMPLIANCE WITH FEDERAL CRIME VICTIMS' LEGISLATION AND HELP IMPROVE THE RESPONSE OF FEDERAL CRIMINAL JUSTICE, TRIBAL, MILITARY, AND OTHER PERSONNEL WITHIN THEIR JURISDICTIONS TO THE NEEDS OF FEDERAL CRIME VICTIMS.

TO DATE, OVC HAS PROVIDED $125,000 FOR U.S. ATTORNEY-SPONSORED TRAINING PROGRAMS. FOR EXAMPLE, OVC, THE BUREAU OF INDIAN AFFAIRS, AND THE DISTRICTS OF ARIZONA, COLORADO, NEW MEXICO, AND UTAH JOINTLY SPONSORED THE FOUR CORNERS INDIAN COUNTRY CONFERENCE IN DURANGO, COLORADO LAST AUGUST. THE CONFERENCE, ENTITLED "STOPPING THE CYCLE OF VIOLENCE," FEATURED MULTI-DISCIPLINARY DISCUSSIONS ABOUT THE CRITICAL ISSUES OF JUVENILE JUSTICE, CHILD ABUSE, DOMESTIC VIOLENCE, GANGS, CULTURAL AWARENESS, AND VICTIM ASSISTANCE.

IN JUNE, 1995, THE FEDERAL DISTRICTS IN TEXAS SPONSORED A VICTIM ASSISTANCE CONFERENCE TO BRING TOGETHER MILITARY AND FEDERAL CRIMINAL JUSTICE PERSONNEL. MORE THAN 70 PARTICIPANTS, REPRESENTING 10 MILITARY INSTALLATIONS, SEVERAL FEDERAL LAW ENFORCEMENT AGENCIES, AND VICTIM ASSISTANCE AGENCIES ATTENDED THE TWO DAY CONFERENCE, WHICH SOUGHT TO IMPROVE THE TREATMENT OF CRIME VICTIMS BY THE MILITARY CRIMINAL JUSTICE SYSTEM.

OVC HAS PROVIDED OTHER CONFERENCE TRAINING SUPPORT. SINCE 1988, OVC HAS SPONSORED TEAMS NOMINATED BY U.S. ATTORNEYS' OFFICES TO ATTEND THE NATIONAL SYMPOSIUM ON CHILD SEXUAL ABUSE IN HUNTSVILLE, ALABAMA. THE TEAMS RECEIVE MULTIDISCIPLINARY TRAINING ON HANDLING CHILD SEXUAL ABUSE CASES. IN CONJUNCTION WITH THE SYMPOSIUM, OVC SPONSORS A SPECIAL FEDERAL TRAINING DAY THAT FOCUSES ON FEDERAL CHILD SEXUAL ABUSE ISSUES. LAST YEAR, MORE THAN 150 FEDERAL PROSECUTORS, INVESTIGATORS, AND VICTIM-WITNESS COORDINATORS ATTENDED. I WILL AGAIN SEEK NOMINATIONS FROM YOUR DISTRICT TO ATTEND THIS YEAR'S CONFERENCE.

DURING THE PAST THREE YEARS, OVC JOINED WITH EOUSA IN A UNIQUE COOPERATIVE AGREEMENT TO PROVIDE VICTIM ASSISTANCE TRAINING EXPRESSLY FOR VICTIM-WITNESS COORDINATORS. THESE "FOCUS ON THE FUTURE" CONFERENCES HAVE PROVIDED COORDINATORS WITH BASIC TO ADVANCED SKILLS TRAINING TRACKS.

VICTIM-WITNESS COORDINATORS TRULY ARE THE UNSUNG HEROES OF THE FEDERAL CRIMINAL JUSTICE SYSTEM. THEY CARRY ENORMOUS CASELOADS, BUT CONSISTENTLY GO ABOVE AND BEYOND THE CALL OF DUTY TO ASSIST FEDERAL CRIME VICTIMS DURING A CASE AND EVEN AFTER THE CASE HAS BEEN COMPLETED. I SAW FIRSTHAND A GOOD EXAMPLE OF EXTRAORDINARY WORK BY VICTIM/WITNESS COORDINATORS AFTER THE OKLAHOMA CITY BOMBING. JOAN GAY OF THE DISTRICT OF KANSAS AND GAYLA STEWART OF THE NORTHERN DISTRICT OF OKLAHOMA SPENT WEEKS WORKING 18 HOUR DAYS TO ASSIST DAHLIA LEHMAN, THE VICTIM/WITNESS COORDINATOR IN THE WESTERN DISTRICT OF OKLAHOMA. THANKS TO THEIR DEDICATION AND THE GENEROSITY OF THEIR U.S. ATTORNEYS WHO ALLOWED THEM TO TAKE TIME TO WORK IN OKLAHOMA CITY, HUNDREDS OF VICTIMS OF THE BOMBING LEARNED ABOUT THEIR RIGHTS AND RECEIVED NEEDED SERVICES. I HOPE THAT YOU WILL MAKE EVERY EFFORT TO GET TO KNOW YOUR VICTIM-WITNESS COORDINATOR WELL AND LET HER KNOW HOW MUCH HER WORK IS VALUED.

FINALLY, I WANT TO BRIEFLY MENTION OUR WORK IN THE AREA OF VICTIMS' RIGHTS. OVC IS RESPONSIBLE FOR REVISING THE AG GUIDELINES FOR VICTIM AND WITNESS ASSISTANCE TO ENSURE THAT THEY FULLY REFLECT NEW VICTIM-WITNESS PROVISIONS IN THE LAW. THESE GUIDELINES CONTAIN CRUCIAL INFORMATION AND REQUIREMENTS FOR PROVIDING RIGHTS AND SERVICES TO CRIME VICTIMS AND I URGE YOU TO FAMILIARIZE YOURSELF WITH THEM IF YOU HAVEN'T ALREADY. BOTH THE GUIDELINES AND THE OFFICE OF LEGAL EDUCATION LITIGATION SERIES MANUAL - CHAPTER 18 ON VICTIMS ISSUES CONTAIN AN EXCELLENT COMPILATION OF MAJOR VICTIMS RIGHTS statutes WHICH WE DON'T NEED TO REVIEW NOW. BUT I DO WANT TO HIGHLIGHT A COUPLE OF NEW AREAS.

FIRST, I THINK THAT IT'S VERY IMPORTANT TO BECOME FAMILIAR WITH THE PROVISIONS OF THE 1994 CRIME LAW WHICH WENT INTO EFFECT A YEAR AGO AND WHICH EXPAND VICTIMS' RIGHTS.

THE ACT PROVIDES THE RIGHT OF ALLOCUTION AT THE TIME OF SENTENCING TO ALL VICTIMS OF VIOLENT CRIMES. YOU SHOULD MAKE EVERY EFFORT TO INFORM THEM OF THIS NEW RIGHT.

FRANKLY, I DON'T THINK THE FEDERAL LAW GOES FAR ENOUGH. I THINK THAT THE RIGHT OF ALLOCUTION SHOULD APPLY TO ALL CRIME VICTIMS. I KNOW FROM HAVING WORKED WITH THOUSANDS OF VICTIMS THROUGHOUT THE YEARS THAT IT'S VERY MUCH NOT ONLY A MATTER OF JUSTICE FOR THEM TO BE HEARD --- TO HAVE THEIR DAY IN COURT --- BUT IT'S ALSO VERY MUCH A PART OF THE HEALING PROCESS. AND IT'S CRITICAL THAT THEY BE INFORMED OF THIS RIGHT SO THEY CAN DECIDE TO EXERCISE IT OR NOT.

THE 1994 CRIME BILL ALSO PROVIDES FOR THE HEALTH CONCERNS OF SEXUAL ASSAULT VICTIMS WHEN THE OFFENSE POSES A RISK OF HIV TRANSMISSION. THESE VICTIMS HAVE THE RIGHT TO HAVE THE ATTORNEY GENERAL PAY FOR THE COST OF UP TO TWO ANONYMOUS AND CONFIDENTIAL TESTS, AS WELL AS THE COST OF A COUNSELING SESSION BY A MEDICALLY-TRAINED PROFESSIONAL REGARDING THE ACCURACY OF SUCH TESTS. AND VICTIMS HAVE THE RIGHT TO PETITION THE COURT TO HAVE THE DEFENDANT SUBMIT PRETRIAL TO AIDS TESTS AND TO HAVE THE RESULTS REVEALED TO THEM. A FORM PETITION IS INCLUDED IN THE CHAPTER.

ANOTHER ISSUE I WANT TO EMPHASIZE IS THE IMPORTANCE OF CONFERRING WITH VICTIMS THROUGHOUT THE PROCESS, ESPECIALLY BEFORE ENTERING INTO A PLEA AGREEMENT. THAT IS AN ISSUE THAT IS CRITICAL TO THEM, AND THEY REALLY WANT TO BE HEARD BY YOU ON THE SUBJECT.

HAVING WORKED WITH CRIME VICTIMS FOR SO MANY YEARS, I KNOW THAT THEY CONSIDER LAW ENFORCEMENT AND PROSECUTORS TO BE THEIR ALLIES AND THEIR ADVOCATES, EVEN THOUGH TECHNICALLY THEY REPRESENT THE "PEOPLE," NOT THE VICTIM. AND THE GREATEST FRUSTRATION TO VICTIMS --- IS NOT WHEN THEY LOSE A JURY TRIAL --- BUT WHEN A MEMBER OF "THEIR TEAM" LETS THEM DOWN -- WHEN THE POLICE OR PROSECUTORS DON'T TREAT THEM WITH DIGNITY OR IGNORE THEIR RIGHTS. I HOPE THAT EVERYONE IN THIS ROOM WILL BEND OVER BACKWARDS NOT ONLY TO FOLLOW THE LETTER OF THE LAW WHICH ADMITTEDLY IS SOMETIMES VAGUE -- BUT TO DO EVERYTHING YOU CAN TO TREAT VICTIMS WITH DIGNITY AND RESPECT -- THE WAY YOU WOULD WANT TO BE TREATED IF THE ROLES WERE REVERSED. THE QUESTION FOR PROSECUTORS SHOULDN'T BE WHAT DO I HAVE TO DO? THE QUESTION YOU SHOULD ASK YOURSELVES IS WHAT IS THE MOST I CAN DO FOR THESE VICTIMS OF CRIME?

I WANT TO COMMENT FOR A MOMENT ABOUT THE JUVENILE JUSTICE SYSTEM. IN TODAY'S JUVENILE JUSTICE SYSTEM, VICTIMS CAN'T FIND OUT IF CRIMINALS WHO VICTIMIZED THEM ARE IN JAIL, UNDER TREATMENT OR SUBJECTED TO A PROTECTIVE ORDER. VICTIMS ARE NOT ALLOWED TO ATTEND COURT HEARINGS OR TO BE CONSULTED ABOUT PLEA BARGAINS. IN MOST CASES, THEY ARE NOT EVEN ALLOWED TO KNOW THE JUVENILE'S NAME. THE NEW LAW WILL GIVE VICTIMS OF CRIME ALL THE RIGHTS THEY HAVE IN THE ADULT COURT SYSTEM, INCLUDING THE RIGHT TO BE CONSULTED ON PLEA BARGAINS, SPEAK AT SENTENCING, AND BE NOTIFIED WHETHER AN OFFENDER IS RELEASED FROM JAIL.

TODAY'S JUVENILE JUSTICE SYSTEM PREVENTS TEACHERS FROM TALKING TO LOCAL POLICE ABOUT PENDING INVESTIGATIONS INVOLVING JUVENILES. UNDER THIS BILL, TEACHERS MAY TALK TO POLICE, STATE OFFICIALS MAY TALK TO EACH OTHER AND ALL PROSECUTORIAL ACTIVITIES WILL BE PLACED IN ONE OFFICE: THE DIVISION OF CRIMINAL JUSTICE, WHICH WILL BE ABLE TO COORDINATE THE PROSECUTION OF JUVENILES AND ADULTS WITHOUT BUREAUCRATIC OBSTACLES.

THIS BILL CHANGES THE CONFIDENTIALITY LAW BY ALLOWING THE DISCLOSURE OF JUVENILE DELINQUENCY RECORDS TO AGENCIES INVOLVED IN DELINQUENCY PROCEEDINGS OR PROVIDING SERVICES TO THE CHILD.

THE BILL ALSO CREATES NEW VICTIMS' RIGHTS BY MAKING THE INFORMATION FROM THE JUVENILE CASE RECORD AVAILABLE TO THE VICTIM. THE LEGISLATION ALSO PROVIDES FOR RESTITUTION TO THE VICTIM BY THE JUVENILE DELINQUENT AND/OR HIS PARENT OR GUARDIAN.

I WANT TO LEAVE YOU WITH TWO THOUGHTS. THE FIRST ONE IS I HOPE THAT YOU TAKE PRIDE IN THE ACCOMPLISHMENTS OF THE CRIME VICTIMS FUND THAT YOU HELP TO SUPPORT. NOT ONLY DOES IT PROVIDE CRUCIAL SERVICES FOR MILLIONS OF CRIME VICTIMS, BUT IT ALSO FUNDS PIONEERING PROGRAMS WHICH ARE THEN DUPLICATED IN OTHER COMMUNITIES. VOCA FUNDS WERE USED TO BEGIN THE CHILDREN'S ADVOCACY CENTER IN HUNTSVILLE, ALABAMA AND NOW THERE ARE 250 OTHER CENTERS, MANY OF WHICH ALSO RECEIVE FUNDING FROM US.

AND THIS TEAM CONCEPT OF HANDLING CASES IS NOW BEING APPLIED IN SOME COMMUNITIES, NOT JUST TO CHILDREN BUT TO ALL CRIME VICTIMS. JACKSONVILLE, FLORIDA, FOR EXAMPLE, HAS A VICTIM SERVICES CENTER LOCATED IN A WONDERFUL VICTORIAN HOUSE WHERE EVERY CRIME VICTIM CAN COME TO RECEIVE THE SERVICES THEY NEED. OVC IS ALSO FUNDING CRISIS RESPONSE TRAINING FOR STATES SO THAT COMMUNITIES CAN BE BETTER PREPARED TO RESPOND TO MAJOR CRIMINAL DISASTERS. AND WE HELP TO FUND AND SPREAD INNOVATIVE PROJECTS LIKE THE VICTIM IMPACT CLASSES THAT I MENTIONED AT THE CALIFORNIA YOUTH AUTHORITY.

I WANT TO END BY STRESSING THE IMPORTANCE OF VICTIMS' VOICES IN ALL OF OUR WORK --- IN LAW ENFORCEMENT AND PROSECUTOR AND JUDGES TRAININGS, IN COURT, IN CORRECTIONAL FACILITIES, AND IN SCHOOLS, AND IN SETTING PUBLIC POLICY. NO ONE HAS BEEN MORE EFFECTIVE IN CHANGING PUBLIC POLICY THAN CRIME VICTIMS THEMSELVES.

WE THINK OF THE LEADERS OF MOTHERS AGAINST DRUNK DRIVING, LIKE CANDY LIGHTNER WHOSE DAUGHTER, CARI, WAS KILLED AT 13 BY A REPEAT OFFENDER. MADD HAS HELPED REDUCE ALCOHOL-RELATED FATALITIES BY 31% IN THE LAST 10 YEARS. WE THINK OF THE PARENTS OF MISSING CHILDREN, LIKE JOHN WALSH WHOSE SON, ADAM, WAS KIDNAPED AND KILLED WHEN HE WAS SIX, WHO HELPED TO ESTABLISH THE CENTER FOR MISSING AND EXPLOITED CHILDREN WHICH HAS RECOVERED CLOSE TO 30,000 CHILDREN SINCE 1984. AND I THINK OF CHERYL BESS, ONE OF THE MOST REMARKABLE SURVIVORS OF CRIME THAT I MET THIS PAST YEAR. TEN YEARS AGO, CHERYL WAS A STRAIGHT-A STUDENT IN THE 9TH GRADE. SHE DREAMED OF BECOMING A DOCTOR, AND WORKING IN HER SOUTHERN CALIFORNIA, AFRICAN-AMERICAN COMMUNITY. WHILE WALKING TO SCHOOL ON A BEAUTIFUL OCTOBER DAY, CHERYL WAS OFFERED A RIDE BY THE JANITOR OF HER BUILDING. UNBEKNOWNST TO HER, JACK OSCAR KING WAS A REPEAT SEX OFFENDER ON PAROLE FOR RAPE AND THE ATTEMPTED MURDER OF A NINE-YEAR-OLD GIRL. HE DROVE CHERYL TO THE DESERT, WHERE HE SEXUALLY ASSAULTED HER, THREW ACID ON HER FACE AND ARMS, AND LEFT HER TO DIE. CHERYL TOLD HERSELF THAT SHE HAD TO SURVIVE BECAUSE HER MOTHER WOULD NEVER RECOVER FROM HER DEATH. SHE WANDERED FOR EIGHT HOURS BEFORE BEING RESCUED.

CHERYL IS BLIND, DEAF IN ONE EAR, AND PHYSICALLY DISFIGURED BEYOND RECOGNITION. BUT HER ASSAILANT COULD NOT STRIP HER OF HER VOICE, NOR COULD HE TAKE HER OPTIMISTIC, DETERMINED SPIRIT. TODAY, CHERYL IS NOT ONLY A MAGNIFICENT GOSPEL SINGER, A COLLEGE STUDENT, AND THE HOST OF A RADIO TALK SHOW, BUT ALSO ONE OF THE MOST POWERFUL ADVOCATES FOR VICTIMS RIGHTS AND SERVICES IN THIS STATE. SHE RECEIVED A SPECIAL COURAGE AWARD LAST APRIL FROM THE PRESIDENT AND THE ATTORNEY GENERAL. SHE REMINDS US ALL THAT THE HUMAN SPIRIT CAN OVERCOME ANY TRAGEDY, AND THAT ANYTHING IS POSSIBLE FOR CRIME VICTIMS.

I WANT TO ASSURE EVERYONE HERE THAT AS YOU TRY TO PROVIDE THE BEST SERVICES POSSIBLE TO YOUR VICTIMS OF CRIME, YOU WILL ALWAYS HAVE A VOICE AND FIND A FRIEND AT THE OFFICE FOR VICTIMS OF CRIME.

This document was last updated on March 19, 2007