Where does the money come from?
Funding for the Victims Compensation Fund comes from a variety of sources. The primary source of funding for this program is from criminal fines and penalty assessments at the District Court level. Following is a list of Victims Compensation Assessments in Oklahoma:
Persuant to Title 21, Oklahoma Statutes Section 142.18, for persons pleading guilty or convicted of misdemeanor or felony offenses in Oklahoma, the following assessments shall be made:
$30 – $300 Misdemeanor
$50 – $10,000 Felony (Criminal Injurious Conduct)
$45 – $1000 Felony (Non Injurious Conduct)
$35 Crimes involving violence/threat of violence/sexual assault (Municipal)
$25 Driving Under the Influence (Municipal)
Deferred Judgment (Felony/Misdemeanor ranges)
Deferred Prosecution (Felony/Misdemeanor ranges)
Juvenile Adjudication (May award up to $2000)
The second largest source of funding is from federal fines and penalty assessments at the Federal Court level. Funds from the Federal Victims of Crime Fund are passed through to states from the Office for Victims of Crime. The following are some examples.
The national Victims of Crime Act (VOCA) allows the collection of fines, fees and assessments from federal offenses. Passed in 1984, VOCA has awarded grants to the Oklahoma Crime Victims Compensation Fund since 1986.
A defendant may be ordered to reimburse the Fund for monies paid on behalf of the victim of the crime he/she committed. The Division provides local prosecutors with information regarding the amount of money the Fund has paid on behalf of a victim, so the amount owed to the Fund may be determined. Restitution paid by parolees to victims who cannot be located is another source of revenue. If the money remains unclaimed after three years, it is deposited in the Crime Victims’ Compensation Fund. If any of the victims are later located, restitution is paid directly from the Fund to them.
If an inmate earns wages while incarcerated, five percent of those earnings are deposited into the Oklahoma Crime Victims Compensation Fund. Inmates having savings accounts through the DOC while incarcerated are required to pay 20 percent of interest earned to the Fund.
Other Sources of Revenue
Other sources of revenue for the Oklahoma Crime Victims Compensation Fund include donations and subrogation. When a crime victim is awarded money in a civil suit against the criminal, the Crime Victims Compensation Fund has a lien of subrogation in an amount equal to the amount paid by the fund. Similarly, if other collateral sources such as insurance or Medicaid pay service providers for expenses paid by the program, those service providers are obligated to return the overpayment to the Fund.
Sexual Assault Examination Fund
Funds for the payment of the sexual assault examinations come from deposits into the Crime Victims Compensation Fund via a journal entry transfer through the Office of State Finance. The District Attorneys Council is empowered by the Crime Victims Compensation Board to pay sexual assault examinations, provided said examinations are approved by each District Attorney or an authorized assistant.