Chapter 144-4 FUNCTIONS AND POWERS
The Council's functions and powers are as provided by
law.
| (1) |
Fair and Open Grants Act.
The provisions of the Fair and Open Grants Act of 1993 (O.C.G.A.
§§ 28-5-120 thru 127) govern the
award of grants by the Council. |
| (2) |
Code of Ethics and Conflict of Interest.
| (a) |
Members of the Council shall adhere to
the code of ethics for board members established in O.C.G.A. § 45-10-3 which are enforced as
provided in O.C.G.A. § 45-10-4. |
| (b) |
No member of the Council, who is
associated with a grant applicant as an employee or member of the applicant's
governing body, is eligible to vote in the recommendation process. Members
should also disclose any other beneficial relationship with a grantee or
program which could be affected by the vote. Such a relationship may give rise
to a conflict of interest. A member of the Council associated with a grant
applicant shall notify the chairperson of the committee or Chairperson of the
Council of the potential conflict and the appropriate chairperson shall
determine whether or not the member should be excused from voting on the
specific grantee's application. |
| (c) |
Failure of a member to disclose a conflict of interest under subparagraph (b)
will result in the nullification of the vote on the particular grantee's
application and may be considered a breach of the code of ethics. |
|
| (3) |
Requests for Grant
Assistance. Any request for the Council to support a grant application
or act in the capacity of State Administering Agency in submitting a grant
application will require twenty business days' advance notice for Council
review and recommendation to the Governor. |
The Council is designated by Executive Order of the Governor as
the State Administering Agency for federal grant programs. The Council, in its
discretion, may delegate any portion of its review duties to a committee of the
Council. The following procedures are implemented by the Council in
administering federal grant programs under its purview.
| (1) |
Application. The agency
shall prepare and submit any application according to prescribed federal
guidelines and with the approval and signature of the Director. |
| (2) |
Preliminary Allocation Plan.
Upon award of federal grant funding, the agency shall recommend to the Council
a preliminary allocation plan that incorporates appropriate circumstances and
priorities. The Council shall consider the recommendation and approve an
allocation plan which will determine the guidelines for a request for proposal
(RFP). |
| (3) |
Request for
Proposal. A request for proposal consistent with the prescribed grant
guidelines will detail the grant program, application deadline, eligibility,
priorities, procedures for sub-grant application and review process. The agency
shall, at a minimum, post notice of the availability of funds and the RFP on
its website. |
| (4) |
Agency
Review and Recommendations. Once the application deadline has passed,
each application will be reviewed for completeness, verification of the
proposed budget, assurance of project conformance with grant program guidelines
and the preliminary allocation plan and confirmation of signatures of
authorized officials. The agency shall provide the Council with funding
recommendations and supporting documentation. |
| (5) |
Council Review and Recommendations.
The agency recommendations will be furnished to the Council members at
least five business days prior to a meeting at which a vote to award grant
funds occurs. The Council may question and discuss any sub-grant application,
program or agency recommendation. A vote will be taken on each application
individually unless the Council determines that a vote on all recommendations
at once or by group is appropriate. A majority of those present will determine
the recommendation. |
| (6) |
Appeals. Any applicant denied an award may appeal the Council's
recommendation by submitting further explanation of its proposal to the
Director within ten business days of receipt of notice of the denial. The
Council shall review appeals within thirty business days of the appeal
deadline, considering any agency recommendation and exigent circumstances, and
refer its determinations to the Director for further action. |
| (7) |
Governor's Approval. The
Director will forward the sub-grant awards recommended by the Council to the
Governor for review and approval. |
| (8) |
Notice of Award. Following
the Governor's approval, the agency shall produce and forward to each
sub-grantee an award package that includes required forms, instruction
documents and other materials necessary to the grant process. |
| (1) |
Grant Monitoring. The agency
shall monitor sub-grant programs through financial monitoring of initial and
adjusted budgets and review of requests for expenditure; evaluation of
compliance with administrative, financial and programmatic guidelines by
utilizing desk reviews and on-site audits; and evaluation of program
performance in achievement of benchmarks. |
| (2) |
Reporting. The agency is
responsible for reporting data and information required as a condition of
accepting a federal grant award. These reports may include quarterly financial
reports of expenditures, cash match funds and program income; individual
progress reports that compile sub-grantee program activities; programmatic
reports detailing the use of funds during a particular time period and
statistical and summary reports of program performance. A sub-grantee that does
not meet reporting requirements may be subject to a reduction in
funding. |
| (1) |
Purpose. The Council promulgates these
rules and certifies crime victim assistance programs under the authority
granted by O.C.G.A. § 15-21-130, et
seq. and O.C.G.A. § 35-6A-4. |
| (2) |
Definitions. For purposes of approving or
certifying crime victim assistance programs, the following terms and phrases
are defined as:
| (a) |
"Certified crime victim
assistance program" refers to any governmental or non-governmental program
which has met the criteria established by the Council. |
| (b) |
"Certified human trafficking victim
assistance organization" refers to a certified crime victim assistance program
which also provides comprehensive trauma-informed services to child victims
designed to alleviate the adverse effects of trafficking victimization and to
aid in the child's healing, including, but not limited to, assistance with case
management, placement, access to educational and legal services, and mental
health services |
| (c) |
"Child" shall
have the same meaning as provided for in O.C.G.A. § 15-11-2. |
| (d) |
"County" or "county governing body"
refers to a county commission. |
| (e) |
"Court officer" refers to a person charged with the duty of collecting moneys
arising from criminal fines ordered by a court and will generally be the clerk
of the court. |
| (f) |
"Court" refers to
a superior, state, probate, magistrate, municipal or other court that assesses
or collects crime-based fines pursuant to Georgia law. |
| (g) |
"Crime" refers to any criminal offense
defined by Title 16 of the Official Code of Georgia Annotated or any other
applicable Code Section. |
| (h) |
"Eligible applicant" refers to any governmental entity or other organization
that meets all applicable criteria set forth by the Council based on the
eligibility requirements for subrecipient programs contained in the federal
Victims of Crime Act of 1984 and the victim assistance rules promulgated by the
Office for Victims of Crime, U.S. Department of Justice. |
| (i) |
"Fine" refers to any criminal fine or
criminal bond forfeiture ordered by a court. |
| (j) |
"Trafficking" refers to the offenses of
trafficking an individual for sexual servitude and trafficking a person for
labor servitude as provided in O.C.G.A. § 16-5-46. |
| (k) |
"Victim" refers to any person against
whom a crime has been perpetrated. |
| (l) |
"Victim assistance program" refers to any
eligible governmental entity or other organization that coordinates and
provides direct services to victims of crime. Victim assistance includes, but
is not limited to, the following services: crisis intervention, emergency
shelter, emergency transportation, counseling and criminal justice
advocacy. |
|
| (3) |
Application for and Evaluation of Program Certification.
| (a) |
The Council will conduct certification of
programs on a biannual basis, in even-numbered years. |
| (b) |
Application guidelines and forms will be
available from the Council upon request. |
| (c) |
Any victim assistance program seeking
certification to receive funds authorized under O.C.G.A. § 15-21-131
must submit a completed application with supporting documentation to the
Council for consideration. |
| (d) |
No
program will be certified that does not show proof that it:
| 1. |
Assists victims with applying for
compensation from the Crime Victims Emergency Fund; |
| 2. |
Coordinates services with any governmental
entity and other organizations providing fundamental victim services within the
county it is located or serves; |
| 3. |
Has on staff a graduate of the Georgia Victim Assistance Academy, the National
Victim Assistance Academy (either by attendance or completion of Victim
Assistance Training Online) or other program that certifies persons providing
assistance to victims. Proof that a staff member is scheduled to attend a
certifying program may allow provisional certification of the program. Having
on staff a licensed professional in social work, psychology or related field
may also satisfy this requirement; and |
| 4. |
Provides or will provide services to
victims of crime. These services are categorized by the federal government and
by the Council as follows:
| (iv) |
Group treatment/Support |
| (vi) |
Information/Referral
(In-person) |
| (vii) |
Criminal justice
support/Advocacy |
| (viii) |
Emergency
financial assistance |
| (ix) |
Emergency
legal advocacy |
| (x) |
Assistance in
filing compensation claims |
| (xii) |
Telephone
contact information/Referral |
|
|
| (e) |
Upon receipt of a completed application, the agency has twenty business days to
review the application and forward to the applicant correspondence from the
Director either certifying its program as meeting all criteria set forth by the
Council or denying its certification request. |
| (f) |
If a program is denied approval it may,
within ten business days of receipt of any rejection letter, appeal in writing
to the Council which may review the appeal at its next regularly scheduled
meeting, conduct a hearing to determine whether the appeal has any merit and
either affirm, overturn or modify the initial decision. |
|
| (4) |
Decertification. A program may be
decertified if found to:
| (a) |
Be delinquent in
meeting the reporting requirements; |
| (b) |
Have used funds for activities other than
providing direct services to victims; |
| (d) |
Have failed to comply with these
administrative rules; or |
| (e) |
No
longer provide services as outlined in the original application. |
|
| (5) |
Certified Human Trafficking
Victim Assistance Organizations. Any victim assistance organization that
accepts referrals from a law enforcement officer or agency or DFCS pursuant to
O.C.G.A. § 15-11-130.1
must be certified by the Council as a certified human trafficking victim
assistance organization. |
| (6) |
Distribution and Reporting.
| (a) |
County
administration.
| 1. |
If there is more than one
certified victim assistance program within a county, the county must decide
what percentage of the total funds will be given to each. |
| 2. |
By law, a county may reserve up to five
percent of the funds received in the previous year as a contingency fund to
sustain crime victim assistance programs. This reserve fund is not cumulative
and reserve funds do not roll over into subsequent years. |
| 3. |
Each county must submit to the Council a
financial report detailing the recipients of the funding and the amounts
disbursed to each recipient. If the county does not have a certified program
and the funds have been disbursed directly to the district attorney, then the
county must so notify the agency. Such reports are due January 31 and July 31
for the reporting periods ending December 31 and June 30,
respectively. |
|
| (b) |
Certified victim assistance program reporting.
| 1. |
All certified victim assistance programs
that receive funding from this source must report annually to the Agency the
amount of funds received, the number of victims served, the number of services
provided to victims and such information as the agency deems necessary to
include in an annual report. A report is due whether or not funds were received
from the county in which the program is certified. Such reports will be for the
reporting period of January 1 through December 31 and due no later than
February 15 of the year following the reporting period. Failure to report may
result in decertification of the program. The Council shall make available
forms for reporting upon request and on its website. |
| 2. |
In addition to the reports required above,
all certified human trafficking victim assistance organizations must report
quarterly the number of victims referred to the organization, the number of
services provided to victims and such information as the agency deems necessary
to include in the semiannual report. A report is due whether or not funds were
received from the county in which the program is certified. Such reports are
due April 30, July 31, October 31, and January 31 for the reporting periods
ending March 30, June 30, September 30, and December 31,
respectively. |
|
|
| (1) |
Purpose. In accordance with O.C.G.A
§ 17-15-1 et.
seq., the Council acts as the Crime Victims Compensation Board to administer
the Crime Victims Emergency Fund. These Rules prescribe policies and procedures
in addition to those set forth in O.C.G.A. § 17-15-1, et.
seq. |
| (2) |
Definitions
| (a) |
"Board" means the Georgia Crime Victims
Compensation Board. |
| (b) |
"Crime"
means an act of violence as defined by O.C.G.A. § 17-15-2(3)
that results in physical injury, serious mental or emotional trauma, or
death. |
| (c) |
"Crime scene
sanitization" means the removal or attempted removal of blood, dirt, stains or
debris which requires hauling and dumping from the crime scene and may include
the reasonable out-of-pocket cost of cleaning supplies, paint, equipment
rental, and labor purchased as a direct result of the crime or investigation of
the crime scene. |
| (d) |
"Claimant"
means a victim or other person as defined by O.C.G.A. § 17-15-7(a)(1)
who was not actively engaged in criminal conduct at the time of their injury
and who has incurred expenses that may be reimbursed by the Crime Victims
Compensation Board. |
| (e) |
"Director"
means the Director of the Criminal Justice Coordinating Council or their
designee. |
| (f) |
"Investigator" means
an investigator of the Criminal Justice Coordinating Council. |
|
| (3) |
Members of the Board; Terms
and Administration.
| (a) |
The Director shall
appoint at least five members of the Council to serve as the Crime Victims
Compensation Board. The members must include a law enforcement officer, a
member of the State Bar of Georgia and an individual who shall be, by virtue of
training and experience, knowledgeable in the operations of the entire spectrum
of crime victim assistance programs. |
| (b) |
Board members shall serve at the pleasure
of the Director for terms of four years. However, the term of any Board member
shall terminate in the event that Board member is no longer serving as a member
of the Criminal Justice Coordinating Council. |
| (c) |
The Director shall designate one member
of the Board as Chairperson and one member as Vice Chairperson for terms of two
years. The Chair and Vice-Chair shall serve at the pleasure of the
Director. |
| (d) |
Upon appointment to
the Board, new members shall not be viewed as a voting member until
after attending their first Victims Compensation Board
meeting. The Chair may make an exception if it is deemed necessary to establish
a quorum. |
| (e) |
The Victims
Compensation Board is located as follows:
104 Marietta Street, NW, Suite 440
Atlanta, Georgia 30303
The Board shall meet in Atlanta or elsewhere throughout the
State as necessary, at the call of the Chairperson or Director.
The Board is empowered to contract for services from actuaries,
investigators, and other specialized personnel as shall be necessary to enable
the Board to carry out its functions.
|
|
| (4) |
Applications and Decisions by the
Director.
| (a) |
Claimants shall submit a
completed application to initiate a compensation claim. The Board shall make
available the application and any additional forms necessary for the processing
of claims. |
| (b) |
The submission of a
completed application to the agency will be deemed proper filing with the
Board. The agency shall assist claimants with incomplete applications as
necessary to assure their completeness. |
| (c) |
The Director may overturn a 72-hour
reporting denial for good cause shown. |
| (d) |
The Director may overturn the denial for
lack of cooperation with the program where all requested documentation is
submitted before the scheduled appeals hearing. |
|
| (5) |
Eligibility and Exhaustion of Resources.
| (a) |
With the exception of those acts
enumerated in O.C.G.A. § 17-15-2(3)(A),
a crime must have been committed in Georgia to qualify for
compensation. |
| (b) |
The agency shall
review each claim for the required findings, shall render an agency decision as
to eligibility, and shall award an amount based on the factors set forth in
O.C.G.A. § 17-15-7
and O.C.G.A. § 17-15-8.
No award will be made until the claimant has exhausted all other public and
private resources available to him or her (such as health insurance, employee
benefits, worker's compensation, other state government assistance,
Medicaid/Medicare). |
|
| (6) |
Lost Wages/Loss of support
| (a) |
Lost Wages.
With the submission of verified documentation and following current payment
guidelines, the Board may consider covering all or part of the victim's income
loss due to the victimization. The Board may authorize payment of lost wage
benefits:
| 1. |
To the victim who has been
physically injured and/or suffered serious mental and emotional
trauma; |
| 2. |
To the parent or legal
guardian of a minor child or developmentally disabled adult who has been
physically injured and/or suffered serious mental and emotional
trauma; |
| 3. |
To a claimant attending
court proceedings and/or meetings with investigative agencies (e.g., law
enforcement, DFCS, etc.) or Prosecutor's offices when not subpoenaed. In the
case of deceased victims, this benefit will be limited to the parents,
children, and spouse of the decedent; |
| 4. |
To bereaved parents, children, spouses,
step-parents, step-children and siblings of a decedent. |
|
| (b) |
Loss of Support. The Board may award
compensation for loss of support to a claimant who can establish financial
dependency on the income of a deceased victim or incarcerated/absent offender
at the time of the victimization. To establish financial dependency, a claimant
must submit documentation that they are the spouse, child, covered under the
deceased victim's or offender's health care insurance coverage or listed as a
dependent on the deceased victim's or offender's Federal Tax Return. The Board
may also consider proof of co-habitation and joint financial documents that
substantiates a claimant's dependency on the deceased victim or
incarcerated/absent offender at the time of the victimization.
| 1. |
In computing loss of support in the case
of an incarcerated/absent offender,
| (i) |
the
victim or claimant must establish verifiable loss due to the
assailant/offender's incarceration and/or absence from the home; |
| (ii) |
the Board may only consider the
offender's earnings, and/or the amount of money or economic assistance
contributed to the victim and victim's household at the time of the
victimization; |
| (iii) |
where the
victim has received or is receiving a greater share of support contributed by
sources other than the offender at the time of the incident, no compensation
for loss of support may be awarded. |
|
| 2. |
In computing loss of support in the case
of a deceased victim, the Board shall only consider the victim's earnings
and/or the amount of money or economic contributions the deceased victim was
actually contributing to the claimant's household at the time of the
injury. |
| 3. |
In computing loss of
support in the case of a deceased victim with minor children, the Board shall
consider proof of parentage and gainful employment of the deceased
victim. |
|
|
| (7) |
Crime Scene Sanitization ("CSS").
| (a) |
The
Board may award compensation to the victim or claimant for the reasonable and
necessary cost of crime scene sanitization which is the financial
responsibility of the victim or claimant and for which reimbursement from other
sources is not available. |
| (b) |
The
CSS company must have specialized training or certification in crime scene or
trauma sanitization. |
| (c) |
Awards of
compensation by the Board shall not supplant existing state and federal funding
sources for crime scene sanitization. |
|
| (8) |
Counseling.
| (a) |
Compensable counseling services are those
services rendered by professionals duly licensed or certified by the
appropriate state authorities. After the first visit, compensation will not be
provided for counseling services without the submission of a complete
Psychological Service Report ("PSR")/ treatment plan or counseling verification
form. |
| (b) |
Members of an adult
victim's immediate family may receive compensation for counseling services
provided that the adult victim authorizes such use of their benefits for family
members. |
| (c) |
Where a minor victim
is involved, counseling benefits are reserved solely for the minor victim.
Benefits may be approved for the parent, guardian, and/or step-parents of the
minor victim if deemed necessary by the licensed professional and approved by
the Director or Board. |
|
| (9) |
Disposition and Review.
| (a) |
Approval or Denial. The Criminal Justice
Coordinating Council must provide the claimant with an electronic or mailed
copy of the agency's approval or denial of their claim, as well as any
associated payment requests.
| 1. |
When the
Director has initially denied a claim and, thereafter, the claimant makes a
written application for review of the Director's decision, the Director has the
discretion, for good cause shown and prior to review by the Board, to withdraw
their decision denying the claim and to refer it back to the initial
investigator for additional investigation. |
| 2. |
The Board, Director, or an investigator
may request additional information from the claimant. Any claimant who does not
submit the documentation requested by the Board, Director, or an investigator
within the time specified in written correspondence requesting the information
is subject to having their claim denied. |
|
| (b) |
Review by Board. A claimant may submit a
written request to the Board to request review of the disposition of a claim.
On its own motion, the Board may request that the Director or their designee
review a claim and make a written recommendation to the Board prior to a
hearing.
| 1. |
A hearing will be set on the Board
calendar and the claimant must be notified of the date and time. |
| 2. |
Hearings before the Board may be conducted
by a quorum of the Board. |
| 3. |
Although hearings will be conducted in an informal manner so as to encourage
claimants to plead their own claims, if a claimant chooses to be represented by
an attorney, that claimant shall be responsible for the payment of their
attorney's fees. Compensation funds shall not be awarded to pay attorney's
fees. |
| 4. |
The Board shall render its
decision within ten (10) business days after the conclusion of the hearing. The
Board may uphold, overturn or remand the agency decision for additional
findings or investigation. |
| 5. |
When
victims or claimants seek compensation for more than two claims within one
year, any subsequent claims may be submitted to the Georgia Crime Victims
Compensation Board for consideration. |
|
|
| (1) |
Court-ordered restitution that has not
been claimed from the collecting authority within two years of the first
restitution payment is transferred to the Criminal Justice Coordinating Council
for deposit into the Georgia Crime Victims Emergency Fund. |
| (2) |
Entities that collect restitution must
submit a victims' report on a periodic basis, including any restitution amount
submitted to the agency for transfer to the Crime Victims Emergency Fund. For
each restitution amount, this report must contain, at a minimum: the victim's
name, last known address, the date(s) that funds were first available and the
case docket number. When there is no restitution amount reported, the report
should indicate that there are no restitution transactions for the
period. |
| (1) |
FME Eligibility.
| (a) |
The sexual assault must have occurred in
Georgia on or after July 1, 2011. |
| (b) |
The Georgia Crime Victims Compensation
Program ("CVCP") will pay for FMEs performed in another state as long as the
crime occurred in Georgia and the provider performing the exam and the facility
meets the criteria set forth by the Program. |
| (c) |
When law enforcement requests an FME for
allegations of child sexual assault/molestation, and there is limited
collection and evaluation of evidence, a Forensic Medical Examination Law
Enforcement Verification Form may be required. |
| (d) |
In instances where the Division of Family
and Children Services ("DFCS") requests an FME for allegations of child sexual
assault/molestation on a child and there is limited collection and evaluation
of evidence, a Division of Family and Children Services Verification Form may
be required. |
| (e) |
A payment request
should not be submitted for a child who is in the custody of the Department of
Juvenile Justice at the time of the sexual assault. |
| (f) |
A licensed physician, physician
assistant, registered nurse, SANE-A (adult adolescent) or SANE-P (pediatric)
must perform the FME. |
|
| (2) |
FME Billing/Payment Guidelines.
| (a) |
The CVCP's Fee Schedule complies with the
Georgia Worker's Compensation medical fee guidelines, as such the Current
Procedural Terminology (CPT) Codes, are considered "reasonable
expenses." |
| (b) |
The provider and/or
facility must bill the CVCP usual and customary charges for the FME and the
actual amount paid will be determined by the description in the itemized
statement in conjunction with the associated CPT Code, and/or the Revenue Code,
as applicable. |
| (c) |
A Registered
Nurse, SANE-A (adult adolescent) or SANE-P (pediatric) must bill their usual
and customary charge for the FME, and the bill for service must include a
descriptive itemized statement of the service(s) provided. As a convenience,
the CVCP provides a CPT Code/Description of Services Reference Sheet to select
the applicable description for the medical service(s) provided. |
| (d) |
Payment made by the CVCP for an FME must
be considered as payment in full. CVCP is not bound by any billing or
contractual agreements made between agencies and/or service
providers. |
| (e) |
If the grand total
for all bills (per application) exceeds $1,000, then a formula will be utilized
to distribute equitable payments to each service provider up to $1,000 per
victimization. |
| (f) |
For each
victimization, CVCP will cover the cost of one FME per victim. If more than two
FMEs are submitted in the same year for the same victim, any subsequent claims
may be submitted to the CVCP Board for consideration. |
|
| (1) |
FI Eligibility.
| (a) |
The crime must have occurred in Georgia
on or after July 1, 2014. |
| (b) |
The
Georgia Crime Victims Compensation Program ("CVCP") will pay for interviews
performed in another state as long as the crime occurred in Georgia and the
provider performing the interview and the facility meet the criteria set forth
by the Program. |
| (c) |
For each
victimization, CVCP will cover the cost of one Forensic Interview per victim.
If more than two FIs are submitted in the same year for the same victim, any
subsequent claims may be submitted to the CVCP Board for
consideration. |
|
| (2) |
CVCP
Billing/Payment Guidelines.
| (a) |
The provider
and/or facility must bill the CVCP usual and customary charges with verifiable
documentation related to the FI that details the specific referring agencies
and the contact information to include:
| 1. |
the
name of the service provider, |
| 3. |
the date of
referrals, and |
| 4. |
the specific
services recommended. |
|
| (b) |
A maximum amount of up to $200 will be
paid when funds are available.
| 1. |
The results
of the interview must be used for the identification of needs such as social
services, personal advocacy, case management, substance abuse treatment, and
mental health services, and must be documented by submitting the Forensic
Interview Referral Document (FIRD) or similar form with the Application for
Payment; |
| 2. |
The interview must be
conducted in the context of a multidisciplinary investigation and diagnostic
team, or in a specialized setting such as a child advocacy center; |
| 3. |
The interviewer must have 40 hours of
specialized training and be certified to conduct forensic interviews
appropriate to the developmental age and abilities of children or the
developmental cognitive, and physical or communication disabilities presented
by adults; |
| 4. |
Each interviewer must
submit documentation of their training with the initial application before
payment will be disbursed; and |
| 5. |
No award will be made until the provider and/or facility certifies that it has
exhausted all other public and private resources available and annually submits
the Forensic Interviewer Funding Certification Document (FIFCD). |
|
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