authorizing legislation

Legislative Authority

28 CFR 0.91

Title 28 – Judicial Administration, Chapter I – Department of Justice

Part 0 – Organization of the Department of Justice

Subpart P-1 – Office of Justice Programs and Related Agencies

Section 0.91 – Office for Victims of Crime

The Office for Victims of Crime is headed by a Director appointed by the Assistant Attorney General, Office of Justice Programs. Under a delegation by the Attorney General (DOJ Order No. 1079-84, Dec. 14, 1984), the Assistant Attorney General and the Director are responsible for providing national leadership to encourage improved treatment of victims by implementing the recommendations of the President’s Task Force on Victims of Crime and the Attorney General’s Task Force on Family Violence, and by administering the Crime Victims Fund and the Federal Crime Victim Assistance Program, established under the Victims of Crime Act of 1984, title II, chapter XIV, of Public Law 98-473, 42 U.S.C. 10601 et. seq., 98 Stat. 2170 (Oct. 12, 1984).

Victims of Crime Act of 1984

Title II, Chapter XIV

Public Law 98-473, 42 U.S.C. 10601 et seq., 98 Stat. 2170 (Oct. 12, 1984)

Directs the Attorney General to make grants to qualified State programs for the compensation of victims of crime. Specifies criteria for a State plan to qualify for grants, including that the program: (1) offer compensation for medical expenses, loss of wages, and funeral expenses; (2) condition compensation or cooperation with law enforcement officials; (3) would not use Federal funds to supplant State funds; and (4) does not discriminate against nonresident victims.

Allows the Attorney General to make grants to the chief executive of each State for the financial support of crime assistance programs. States that such programs must have as a priority assistance to victims of sexual assault, spousal abuse or child abuse.

Victim Compensation and Assistance - Established within the Treasury the Crime Victims Fund. Provides that the Fund consist of: (1) most fines collected in Federal criminal cases; (2) penalty assessments on convicted persons; and (3) proceeds of all forfeitures (appearance bonds, bail bonds and collateral) in Federal criminal cases.

Requires the Federal courts to impose a penalty assessment on all persons convicted of Federal offenses.

Establishes a procedure for the special forfeiture of collateral profits of certain crimes.