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There looks to be widespread, bipartisan support in Augusta for much-needed funding to provide ongoing services to crime victims and survivors. These critical services aid in the recovery from and prevention of some of the worst crimes in our society, like domestic and sexual violence, murder, child and elder abuse, and exploitation.
A state bill to provide $6 million for these essential services, LD 2084, has received unanimo us support from the Maine Legislature’s Judiciary Committee, and Democratic Gov. Janet Mills’ proposed supplemental budget includes the same amount of funding. This broad initial support, which must carry over to the full Legislature, surely has been bolstered by the powerful testimony of victims and victims advocates.
One by one, a long list of Maine people and organizations have explained the vital role that these services play in helping victims and survivors access legal aid, mental health and counseling support, shelter, advocates to help them navigate complicated systems, and other resources.
“LD 2084 is necessary to prevent such deep cuts to sexual assault advocacy, Children’s Advocacy Centers, domestic violence advocacy, shelter and emergency funding for victims of sex trafficking and exploitation, and legal and other supports for elder abuse victims,” Gabrielle Cooper of Hampden, an employee of Rape Response Services, testified to state lawmakers in late January. “Maine cannot risk losing these essential resources.”
We agree. This infusion of state funding is needed because of a looming federal shortfall in the Crime Victims Fund (CVF), which was created as part of the federal Victims of Crime Act of 1984. Until the federal government steps up once again to address this issue, the state must act.
As a bipartisan group of more than 40 state attorneys general from across the country, including Maine Attorney General Aaron Frey, explained in a letter to congressional leaders in early February, the nationwide awards through the CVF are expected to decline $700 million compared to the previous fiscal year. Such a decline in funding would “have devastating consequences for victims of crime,” according to the group of AGs. According to the National Criminal Justice Association, the main driver of this funding issue is the decline in prosecution of white collar crime, which has historically helped fund the CVF through settlements and judgments.
“Congress recently acknowledged the importance of the VOCA Fund and supplemented its funding sources. In 2021, Congress passed the VOCA Fix Act, which allows monetary recoveries from federal deferred prosecutions and non-prosecution agreements to replenish the balance of the Fund,” the group of AGs wrote. “All 56 attorneys general argued that such a fix was necessary, and we applaud Congress for its leadership. While the VOCA Fix Act was necessary, it was, unfortunately, not sufficient.”
One potential idea to address the persistent funding challenges has been offered by a bipartisan group of House members, including Maine Democratic Reps. Chellie Pingree and Jared Golden. This group wants to allow for a one-time infusion of funding into the CVF by using civil penalties collected under the False Claims Act.
“A one-time infusion of funds of this magnitude would ensure the programs victims depend upon can continue to provide necessary care, support, and assistance,” Pingree, Golden and the bipartisan group wrote in a Feb. 15 letter to House and Senate leaders, along with top appropriators. Given the funding mechanism for this program, which uses sources like criminal fines rather than taxpayer dollars, and the role that the judiciary committees have had with this issue, House and Senate judiciary leaders should clearly be involved in these much-needed conversations as well.
“In Maine and throughout the country, the Crime Victims Fund provides critical support to those who have been a target of a crime, helping individuals overcome substantial financial challenges and recover more quickly,” Sen. Susan Collins, the leading Republican on the Senate Appropriations Committee, said in a statement to the BDN editorial board. “For years, the Appropriations Committee has been urging the Department of Justice to ensure it is properly funding the CVF and not short-changing victims. I will continue to explore all options — including new legislation — to address this issue.”
Both Collins’ office and the office of independent Sen. Angus King highlighted the VOCA Fix to Sustain the Crime Victims Fund Act of 2021. Collins and King each cosponsored that legislation.
“The programs funded through the Victims of Crime Act (VOCA) and the Crime Victims Fund (CVF) are important and help victims access a variety of services that can be instrumental to their recovery,” King said in a statement. “I know how important the services funded through CVF are to crime victims and I will continue to support these programs during the annual appropriations process as well.”
King’s office also said he is reviewing the bipartisan House proposal from Pingree, Golden and others to use one-time funds derived from False Claims Act penalties.
All four members of Maine’s congressional delegation supported the 2021 fix, an appreciated attempt to shore up the Crime Victims Fund that was surely a step in the right direction. But with states like Maine now having to step up to fill multi-million dollar shortfalls just to continue existing services, it is clear that the “fix” was not an immediate or permanent one. It is encouraging, though not unexpected, that the entirety of Maine’s delegation continues to support the Crime Victims Fund and is willing to explore additional steps to make sure it is properly funded. That willingness must apply across all of Congress, and it must turn into action.
There has long been strong bipartisan support in Congress for this victims fund, and that must continue. These services are too important to let a looming shortfall go unaddressed, and the federal government must find a way to sufficiently and sustainably fund them. In the meantime, it is prudent and necessary for the state of Maine to ensure that these services continue uninterrupted.