HomeMy WebLinkAbout20042039.tiff RESOLUTION
RE: APPROVE VICTIMS OF CRIME ACT VICTIM ASSISTANCE GRANT AND AUTHORIZE
CHAIR TO SIGN - COLORADO DEPARTMENT OF PUBLIC SAFETY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with a Victims of Crime Act Victim Assistance
Grant between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County,on behalf of the District Attorney's Office, 19th Judicial District, and
Colorado Department of Public Safety, Division of Criminal Justice,with terms and conditions being
as stated in said grant, and
WHEREAS, after review, the Board deems it advisable to approve said grant, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Victims of Crime Act Victim Assistance Grant between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the District Attorney's Office, 19th Judicial District, and Colorado Department of Public
Safety, Division of Criminal Justice, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said grant.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 19th day of July, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
C(�ODU TY ^CnnO�ORADO V.1-� -�l�e� l i6�NG• Robert D. Masden, Chair
iaei � ,•a•bb�� to the Board
William . Jerke, Pro-Tem
iar jty-.Nark to the Board
71. Geill,/
APPR AS TO F .
EXCUSED
David E. Long
my Atto ey EXCUSED
Glenn Vaad
ate of signature: 1-- r7/
2004-2039
DA0019
00 '. 0 oak-cc? -oc(
cd os Division of Criminal Justice
Raymond T.Slaughter,Director
700 Kipling St.
Suite 1000
Denver,CO 80215-5865
COLORADO (303)239-4442
FAX(303)239-4491
DEPARTMENT
OF PUBLIC SAFETY
July 6, 2004
Dear VOCA subgrantee:
The Office for Victims Programs at the Colorado Division of Criminal Justice recently had a
site visit by the Office for Victims of Crime (OVC). This visit was to monitor our Office's
compliance with the provisions of the Victims of Crime Act (VOCA) and the Victim
Assistance Program guidelines. As part of this site visit, OVC asked that we specifically list
the VOCA eligibility requirements that are referenced on page 1 of 9 of the Special
Provisions and Certified Assurances (SPCA) you sign as part of your contract each year.
Therefore, I have enclosed a list of the 14 eligibility requirements for VOCA funding. Next
year, these will be incorporated into the Program Specific Requirements that are on page 8 of
9 of the SPCA. Please have your Authorized Official sign the enclosed five page document,
make a copy for your VOCA file, and mail back the original signed document to the Division
of Criminal Justice, Office for Victims Programs, 700 Kipling, Ste. 1000, Denver, CO
80215. Please return this document to us by August 6, 2004.
If you, or your Authorized Official, have any questions, please feel free to call me at (303)
239-4529 or outside of the metro area call toll free at 1-888-282-1080.
Bill Owens
GOVERNOR Yours truly,
Joe Morales EXECUTIVE DIRECTOR geati
4AUCT
Dirision oaCriminal Justice
Colorado Stale
Patrol Robert Gallup
Colorado Bureau
of Investigation VOCA Administrator
Division of
Fire Safety
DCJ
.s.
H:\patg\VO 2004-2039
Home Page'. www.state.co.us/gov_dir/cdps/dcj.him
E-Mail:raymond.slaughter@cdps.state.co.us
Colorado Division of Criminal Justice
Victims of Crime Act Victim Assistance Grant
The Victim of Crime Act(VOCA) subrecipient agrees and understands that meeting the
following eligibility requirements is a condition of their Statement of Grant Award
(contract) as originally referenced on page 1 of the Special Provisions Certified
Assurances. Subgrantee agrees and acknowledges that the language contained herein was
included in the governing legislation for this grant program from the United States
Department of Justice, Office of Justice Programs, under federal statutory authority
Victims of Crime Act of 1984 (VOCA), as amended, Public Law 98-473, Chapter XIC,
42 U.S.C. 10601, et. Seq., Section 1402, Section 1404, and under applicable program
rules and regulations established by the federal program office.
Subrecipient Organization Eligibility Requirements
VOCA establishes eligibility criteria that must be met by all organizations that receive
VOCA funds. These funds are to be awarded to subrecipients only for providing services
to victims of crime through their staff. Each subrecipient organization shall meet the
following requirements:
1. Public or Nonprofit Organization. To be eligible to receive VOCA funds,
organizations must be operated by a public or nonprofit organization, or a
combination of such organizations, and provide services to crime victims.
2. Record of Effective Services. Demonstrate a record of providing effective
services to crime victims. This includes having the support and approval of its
services by the community, a history of providing direct services in a cost-
effective manner, and financial support from other sources.
3. New Programs. Those programs that have not yet demonstrated a record of
providing services may be eligible to receive VOCA funding, if they can
demonstrate that 25-50 percent of their financial support comes from non-federal
sources. It is important that organizations have a variety of funding sources
besides federal funding in order to ensure their financial stability. States are
responsible for establishing the base level of non-federal support required within
the 25-50 percent range.
4. Program Match Requirements. The purpose of matching contributions is to
increase the amount of resources available to the projects supported by grant
funds. Matching contributions of 20% (cash or in-kind) of the total cost of each
VOCA project (VOCA grant plus match) are required for each VOCA-funded
project and must be derived from non-federal sources, except as provided in the
OJP Financial Guide, effective edition (Part III. Post Award Requirements,
Chapter 3. Matching or Cost Sharing). All funds designated as match are
restricted to the same uses as the VOCA victim assistance funds and must be
expended within the grant period. Match must be provided on a project-by-project
basis. Any deviation from this policy must be approved by OVC.
H:\patg\VOCA\additional provisions.doc 1 of 5
Colorado Division of Criminal Justice
Victims of Crime Act Victim Assistance Grant
For the purposes of this program, in-kind match may include donations of
expendable equipment, office supplies, workshop or classroom materials, work
space, or the monetary value of time contributed by professionals and technical
personnel and other skilled and unskilled labor, if the services they provide are an
integral and necessary part of a funded project. The value placed on donated
services must be consistent with the rate of compensation paid for similar work in
the subrecipient's organization. If the required skills are not found in the
subrecipient's organization, the rate of compensation must be consistent with the
labor market. In either case, fringe benefits may be included in the valuation. The
value placed on loaned or donated equipment may not exceed its fair market
value. The value of donated space may not exceed the fair rental value of
comparable space as established by an independent appraisal of comparable space
and facilities in privately owned buildings in the same locality.
a. Record Keeping. VOCA recipients and their subrecipients must maintain
records that clearly show the source, the amount, and the period during
which the match was allocated. The basis for determining the value of
personal services, materials, equipment, and space must be documented.
Volunteer services must be documented, and to the extent feasible,
supported by the same methods used by the subrecipient for its own paid
employees. The state has primary responsibility for subrecipient
compliance with the requirements. State grantees are encouraged not to
require excessive amounts of match.
b. Exceptions to the 20%Match. OVC sets lower match requirements for:
1) Native American Tribes/Organizations Located on Reservations.
The match for new or existing VOCA subrecipients that are Native
American tribes/organizations located on reservations is 5% (cash
or in-kind) of the total VOCA project. For the purpose of this
grant, a Native American tribe/organization is defined as any tribe,
band,nation, or other organized group or community, which is
recognized as eligible for the special programs and services
provided by the U.S. to Native Americans because of their status
as Native Americans. A reservation is defined as a tract of land set
aside for use of, and occupancy by,Native Americans.
2) The U.S. Virgin Islands, and all other territories and possessions of
the U.S., except Puerto Rico, are not required to match VOCA
funds. See 48 U.S.C. 1469a(d).
3) OVC may waive the match requirement if extraordinary need is
documented by State VOCA administrators.
5. Volunteers. Subrecipient organizations must use volunteers unless the state
grantee determines there is a compelling reason to waive this requirement. A
H:\patg\VOCA\additional provisions.doc 2 of 5
Colorado Division of Criminal Justice
Victims of Crime Act Victim Assistance Grant
"compelling reason" may be a statutory or contractual provision concerning
liability or confidentiality of counselor/victim information, which bars using
volunteers for certain positions, or the inability to recruit and maintain volunteers
after a sustained and aggressive effort.
6. Promote Community Efforts to Aid Crime Victims. Promote, within the
community, coordinated public and private efforts to aid crime victims.
Coordination may include, but is not limited to, serving on state, federal, local, or
Native American task forces, commissions, working groups, coalitions, and/or
multi-disciplinary teams. Coordination efforts also include developing written
agreements that contribute to better and more comprehensive services to crime
victims. Coordination efforts qualify an organization to receive VOCA victim
assistance funds, but are not activities that can be supported with VOCA funds.
7. Help Victims Apply for Compensation Benefits. Such assistance may include
identifying and notifying crime victims of the availability of compensation,
assisting them with application forms and procedures, obtaining necessary
documentation, and/or checking on claim status.
8. Comply with Federal Rules Regulating Grants. Subrecipients must comply with
the applicable provisions of VOCA, the Program Guidelines, and the
requirements of the OW Financial Guide, effective edition,which includes
maintaining appropriate programmatic and financial records that fully disclose the
amount and disposition of VOCA funds received. This includes: financial
documentation for disbursements; daily time and attendance records specifying
time devoted to allowable VOCA victim services; client files; the portion of the
project supplied by other sources of revenue;job descriptions; contracts for
services; and other records which facilitate an effective audit.
9. Maintain Civil Rights Information. Maintain statutorily required civil rights
statistics on victims served by race,national origin, sex, age, and disability, within
the timetable established by the state grantee; and permit reasonable access to its
books, documents,papers, and records to determine whether the subrecipient is
complying with applicable civil rights laws. This requirement is waived when
providing a service, such as telephone counseling, where soliciting the
information may be inappropriate or offensive to the crime victim.
10. Comply with State Criteria. Subrecipients must abide by any additional eligibility
or service criteria as established by the state grantee including submitting
statistical and programmatic information on the use and impact of VOCA funds,
as requested by the grantee.
11. Services to Victims of Federal Crimes. Subrecipients must provide services to
victims of federal crimes on the same basis as victims of state/local crimes.
H:\patg\VOCA\additional provisions.doc 3 of 5
Colorado Division of Criminal Justice
Victims of Crime Act Victim Assistance Grant
12. No Charge to Victims for VOCA-Funded Services. Subrecipients must provide
services to crime victims, at no charge, through the VOCA-funded project. Any
deviation from this provision requires prior approval by the state grantee. Prior to
authorizing subrecipients to generate income, OVC strongly encourages
administrators to carefully weigh the following considerations regarding federal
funds generating income for subrecipient organizations.
a. The purpose of the VOCA victim assistance grant program is to provide
services to all crime victims regardless of their ability to pay for services
rendered or availability of insurance or other third-party payment
resources. Crime victims suffer tremendous emotional, physical, and
financial losses. It was never the intent of VOCA to exacerbate the impact
of the crime by asking the victim to pay for services.
b. State grantees must ensure that they and their subrecipients have the
capability to track program income in accordance with federal financial
accounting requirements. All VOCA-funded program and match income,
no matter how large or small, the VOCA grant.
Program income can be problematic because of the required tracking
systems needed to monitor VOCA-funded income and ensure that it is
used only to make additional services available to crime victims. For
example: VOCA often funds only a portion of a counselor's time.
Accounting for VOCA program income generated by this counselor is
complicated, involving careful record keeping by the counselor, the
subrecipient program, and the state.
13. Client-Counselor and Research Information Confidentiality. Maintain
confidentiality of client-counselor information, as required by state and federal
law.
14. Confidentiality of Research Information. Except as otherwise provided by federal
law, no recipient of monies under VOCA shall use or reveal any research or
statistical information furnished under this program by any person and identifiable
to any specific private person for any purpose other than the purpose for which
such information was obtained in accordance with VOCA. Such information, and
any copy of such information, shall be immune from legal process and shall not,
without the consent of the person furnishing such information, be admitted as
evidence or used for any purpose in any action, suit, or other judicial, legislative,
or administrative proceeding. See Section 1407(d) of VOCA codified at 42 U.S.C.
10604.
These provisions are intended, among other things, to ensure the confidentiality of
information provided by crime victims to counselors working for victim services
programs receiving VOCA funds. Whatever the scope of application given this
provision, it is clear that there is nothing in VOCA or its legislative history to
H:\patg\VOCA\additional provisions.doc 4 of 5
Colorado Division of Criminal Justice
Victims of Crime Act Victim Assistance Grant
indicate that Congress intended to override or repeal, in effect, a state's existing
law governing the disclosure of information which is supportive of VOCA's
fundamental goal of helping crime victims. For example,this provision would
not act to override or repeal, in effect, a state's existing law pertaining to the
mandatory reporting of suspected child abuse. (See Pennhurst School and
Hospital v. Halderman, et al., 451 U.S. 1 (1981).) Furthermore, this
. confidentiality provision should not be interpreted to thwart the legitimate
informational needs of public agencies. For example,this provision does not
prohibit a domestic violence shelter from acknowledging, in response to an
inquiry by a law enforcement agency conducting a missing person investigation,
that the person is safe in the shelter. Similarly,this provision does not prohibit
access to a victim service project by a federal or state agency seeking to determine
whether federal and state funds are being utilized in accordance with funding
agreements.
District Attorney' s Office, 19th J. D. 22--VA-19-63 (CY2004)
Agency name Grant number
AS)\Abt. \\\Z"-- nil 1 9 2004
Signature of Authorized
�Offii ial Date
Robert D. sd / !/✓
RobertAT . �� ��j �- 4
WELD COUNTY CLERK TO HE BO: ' �l
4. amino
EPUTYCLERKT0THEB0ARDr.ttr1it QP
I
H:\patg\VOCA\additional provisions.doc 5 of 5
Hello