® Denotes required by Virginia’s Crime Victim and Witness Rights Act.
The categories of victim services listed below, and their associated subcategories, are identified in the Office for Victims of Crime performance measures. The definitions/examples below are intended to offer high-level guidance as to how services might be provided; however, they are not the only methods for providing services.
Count all individuals served by your organization with the use of VOCA plus match (state general or special) funds during the reporting period. This number should be an unduplicated count of people served during a single reporting period, regardless of the number of services they received or victimization types with which they presented.
Available services can be communicated in-person, virtually, or by telephone, social media, or email with crime victims to identify available services and support.
Subgrantees can contact the DCJS Victims Services technical assistance mailbox at VictimsServicesTA@dcjs.virginia.gov if you are unsure how to report on specfic services delivered.
Explain to victims their options with respect to the criminal justice process. This information may include their rights in proceeding with criminal charges, civil avenues for redress, college/university judicial system, and informing victims about the criminal justice system and process. This could also include information on how to file a police report, request a protective order, or how a case might progress through the legal system. This service includes explanation of legal terminology. In addition, this includes post-sentencing services and information regarding assistance with property return.
As appropriate to a victim’s individual needs, program staff should provide explanations of the services available to a victim. These explanations can be made in person or by telephone. The service can only be counted once regardless of delivery type.
Victims and Witness Rights Explanation:
Appeals/ Habeas Corpus Services: provide information to victims of their right to receive notification from the Office of the Attorney General of the filing and disposition of any appeals or habeas corpus proceedings involving the defendant(s) in their case.
Courtroom Assistance: inform victims that they may request that their addresses and telephone numbers not be disclosed. Explain to victims that they have the right to use the services of an interpreter if needed. Inform minor victims that an adult of their choosing may be present during court proceedings. Advise victims that there may be a closed preliminary hearing for certain sexual offenses, and that closed circuit television may be used in cases involving certain criminal offenses with victims who are 14 years of age or younger at the time of offense or 16 years of age or younger at the time of trial.
Financial Assistance and Social Services: inform victims of financial assistance (beyond crime victims’ compensation) and social services available to them on both a state and local level as a result of their victimization and provide appropriate referral information. Additionally, advise victims of their right to restitution.
Notices: provide information to victims on their right to receive employer intercession services. Provide information to victims on their right to receive advance notification of judicial proceedings relating to their cases and any changes in court dates from the local Commonwealth’s Attorney. Provide information to victims on their right to be notified by the Department of Corrections or the local sheriff or jail superintendent in whose custody an escape, change of name, transfer, release, discharge, or parole of a prisoner occurs. Advise victims that in order to receive notices and offer input, all agencies and persons having such duties must have current victim addresses and telephone numbers given by the victims.
Protection: provide information on levels of protection available to victims of crime when harm or threats of harm are present. This may include an explanation of the availability of orders of protection, “no contact” restrictions on bonds, police patrol ride-bys, etc. Inform victims about the availability of protective orders and no contact orders, and the action needed to obtain them. This would include victims of domestic violence, child physical abuse, child sexual abuse, elder abuse, stalking, sexual assault, assault, and harassment.
Victim Input: advise victims that they may submit to the court a written impact statement or may be given an opportunity to testify about the impact of the crime on the victim and his or her family. Provide explanations to victims about the parole process and victim input for crimes occurring before January 1, 1995. Advise victims that they may remain in the courtroom, during all court proceedings, unless the court finds that their presence would impair the conduct of a fair trial. Advise victims of felonies, that given their written requests, Commonwealth’s Attorneys must consult with them, either verbally or in writing, regarding the contents of proposed plea agreements and their views concerning plea negotiations. Additionally, advise victims of felonies, that given their written requests, Common- wealth’s Attorneys are to provide victims advance notice of any proceedings in which plea agreements will be offered to the courts. Finally, advise victims that Commonwealth’s Attorneys direct the prosecution and can enter into a plea agreements, whether or not victims agree with such agreements, and that the courts can accept plea agreements, about which victims were not consulted, given good cause.
Provide victims with referral(s) to services, supports and resources including other Victim Witness Assistance Programs or community based nonprofit victim service programs. This can include legal, medical, faith based organizations, protection programs, address-confidentiality programs, etc. Referrals to the federal witness protection program also fall in this category.
A. Crisis Referrals: provide victims the names, addresses, and telephone numbers of appropriate agencies that offer crisis intervention (including hotlines), follow-up counseling (private and public mental health providers), and support groups. These referrals can be made in person or by telephone.
B. Crime Prevention: direct victims to law enforcement agencies for the purpose of obtaining crime prevention services (includes emergency cell phone coordination, and safety planning).
C. Emergency Assistance: refer victims to emergency assistance agencies, such as those that provide shelter, food, clothing, etc. You can count this service for a victim even if the victim does not follow through with the referral. For example, if you refer a victim of domestic violence to a shelter and the victim does not go to the shelter, you can still count this service as Emergency Assistance-Referral.
Assist victims who received assistance with completing a victim compensation application during the reporting period, even if they did not submit the application. Simply providing an individual with an aplication does NOT qualify as assistance.
Services may include:
Assisting victims in securing rights, remedies, and services from other agencies; locating emergency financial assistance and intervening with employers, creditors, and others on behalf of the victim; assisting in filing for losses covered by public and private insurance programs, including workers' compensation, unemployment benefits, and public assistance; and accompanying the victim to the hospital.
A program service provider assists victims in seeking medical care to treat injuries and be tested and treated by emergency care personnel.
Accompany victim to forensic medical exam. Provide assistance to victims with processing vouchers for payment by the Virginia Supreme Court or the Virginia Victims Fund (formerly Criminal Injuries Compensation Fund) of all certified costs relating to the gathering of evidence in forensic medical examinations of a crime victim.
Grant funded staff perform medical forensic exam or interview, or medical evidence collection or services related to performance and/or collection of forensic evidence.
Assist in scheduling and/or accompanying victims to a law enforcement interview. This includes referring victims to law enforcement if they are in need of an escort after court, or if they want increased monitoring of their residence. This can include accompanying victims to law enforcement agencies for photographing injuries.
Assisting victims in securing rights, remedies, and services from other agencies. This can include assisting victims in retrieving any property being held for evidentiary purposes, unless there is a compelling law enforcement reason for retaining it. Staff can accomplish this through coordination between the Commonwealth’s Attorney’s Office and law enforcement. If the property is released, advise the victim where and how it may be picked up.
This service does not include: Emergency Medical Care, Medical Forensic Exam Accompaniment, Medical Forensic Performance/Collection, Law Enforcement Interview, Advocacy, Accompaniment, Immigration Assistance, Intercession (Employer/Other), Child Dependent Care, Transportation Services, and Interpreter Services.
Provide assistance to person that are not natives of the United States or where they do not possess citizenship (in order to settle or reside). Services can include assistance with special visas, continued presence application, and other immigration relief.
Transportation Assistance (includes coordination of services) Coordinating and/or providing transportation service so that a victim may attend court hearings or medical appointments, or access agency services. Staff members transporting victims, taxis or rideshare (Uber, Lyft, etc.), and public transportation are included.
Transportation Services listed in VSDCS include the following:
Program staff are discouraged from providing transportation with their personal vehicles, due to liability concerns.
Act as a liaison between the victim and criminal justice agencies to obtain the services of a qualified interpreter and to avoid any conflict of interest that may arise through the use of that interpreter. Please see Code Section 19.2-164 regarding interpreters and reimbursement. Note: Pre-court interviews with the prosecutor qualify for reimbursement
Crisis is defined as a state of emotional distress (often characterized by crying or being irate). Provide crisis/emergency counseling, emotional support, and guidance when a victim is in crisis. This could occur at the scene of a crime, immediately following a crime, preceding/during/following a court hearing, or on an ongoing basis.
Provide hotline services and operation of a 24-hour telephone service, seven days a week, which provides counseling, guidance, emotional support, and information and referral.
Provision of criminal justice services are conducted on-scene of the crisis. This includes GCI (Group Crisis Intervention) response by certified trained NOVA (National Organization for Victim Assistance) responders. (e.g., community crisis response). This service includes response at the scene of a crime by victim advocate.
Individual Counseling to include: Therapy and Mental Health Services: Providing psychological, psychiatric, and/or other counseling-related treatment for individuals, couples, and family members. This service must be provided by a person who meets professional standards to provide these services. Services may include assessment and treatment.
Provide or organize support groups for victims (e.g., homicide survivors group). Including coordination of supportive group activities, such as self-help, peer, and social support. This is more than a referral to a support group (see crisis referrals above), and is only counted in this category if your program sponsors the group.
Provide or coordinate victims’ access to traditional, cultural, or alternative healing; art, writing, or play therapy, etc.
Provide or furnish emergency assistance: payment for items such as food and/or clothing, changing windows and/or locks, taxis, prophylactic and nonprophylactic medications, durable medical equipment, etc.). This can include directly providing a victim with food, clothing, etc. If you refer a victim to shelter (whether or not they end up staying at the shelter), this is counted as Referral to Other Victim Services Programs® (#3) and should not be counted under Emergency Financial Assistance.
Short and long term housing and related support services for victims and families following victimization. This can include providing the service or arranging the service.
Provide or assist with short term housing and related support services for victims and families following a victimization that is an emergency. (Ex. 24-hour shelter to escape domestic violence).
Provide or assist with short- and long-term housing and related support services for victims and families following victimization that are transitioning from violent situations or victim assistance shelters/facilities.
Provide or assist with short- and long-term housing and related support services for victims and families following victimization. This service includes assistance with obtaining housing support from local, state, and/or federal resources to relocate victim(s).
Assist victims in the preparation of victim impact statements or coordinate this service with the probation and parole office. Staff may offer dictation service to illiterate victims, or translation service to non-English speaking victims. This also includes preparing victims to give oral statements.
Assist victims in seeking and securing restitution. As appropriate, victim/witness program staffs are required to assist victims in seeking and securing restitution by providing information about local procedures and referrals to appropriate personnel. These responsibilities are in accordance with §19.2-11.01 A2c which requires that victims “…be advised that restitution is available for damages or loss resulting from an offense and shall be assisted in seeking restitution in accordance with §§ 19.2-305, 19.2-305.1 …”
Nothing in these statutes places a responsibility on victim/witness program staff to collect restitution. To the extent possible, program staff are encouraged to limit restitution services to the provision of information about local procedures and referrals to appropriate personnel. Compliance with the Crime Victim and Witness Rights Act requires that programs address a broad range of service objectives. Allocation of staff time and resources cannot be unreasonably focused on a few services, such as restitution, to the detriment of other services
Assist businesses in seeking and securing restitution. As appropriate, victim/witness program staff are required to assist victims in seeking and securing restitution by providing information about local pro- cedures and referrals to appropriate personnel. These responsibilities are in accordance with §19.2-11.01 A2c which requires that victims “…be advised that restitution is available for damages or loss resulting from an offense and shall be assisted in seeking restitution in accordance with §§ 19.2-305, 19.2-305.1 …”
Nothing in these statutes places a responsibility on victim/witness program staff to collect restitution. To the extent possible, program staff are encouraged to limit regular restitution services to the provision of information about local procedures and referrals to appropriate personnel. Compliance with the Crime Victim and Witness Rights Act requires that programs address a broad range of service objectives. Consequently, the allocation of staff time and resources cannot be unreasonably focused on a few services, such as restitution, to the detriment of other services.
Provide and assist victims with obtaining protective orders (Emergency, Preliminary, and Permanent). This would include victims of domestic violence, child physical abuse, child sexual abuse, elder abuse, stalking, sexual assault, assault and harassment.
Note: Under §16.1-253.2(d) victims have the right to a new protective order not exceeding two years upon the conviction of Violation of Protective Order.
A civil legal attorney provides assistance in obtaining protection or restraining order and family law issues (e.g., custody, filing for temporary restraining orders, injunctions, visitation, or support). This can include an advocate arranging services with a civil legal attorney, Legal Aid, and or pro bono assistance programs for civil services. Does not include criminal prosecution or the employment of attorneys for such nonemergency purposes as custody disputes and civil suits.
Other protection services include advising victims where they may file a warrant for criminal offenses, sitting in a courtroom so as to obstruct the defendant’s view of the victim, etc. Also, assisting victims in
obtaining available protection options (i.e., no contact orders or instructions, stop mail, and blocked phone calls), from the appropriate authorities when harm or threats of harm arise from the victims’ cooperation with law enforcement or prosecution efforts. Appropriate authorities may include law enforcement, state police, jail or prison staff, court service units, general district courts, magistrates, and Commonwealth’s attorneys. Also, includes utilizing the Lethality Assessment Program or lethality assessment tools to assess danger. Providing advocacy services to victims in emergency situations only; not routine.
An attorney providing assistance with special visas, continued presence application, and other immigration relief. This includes an advocate arranging services with immigration attorneys and or advocacy programs that specialize in immigration services.
Provide advocacy/accompaniment with the prosecuting attorney(s). Provide descriptive or guided tours of the courtroom in which the victim’s case will be heard. Examples of descriptive tours are Kids Court, working through the “Going To Court” coloring book with a child victim, or providing a detailed description of the layout of the courtroom (i.e., courtroom tours, court waiting rooms, and post disposition conferences with prosecuting attorney(s).
Closed Preliminary Hearing: coordinate with the appropriate court personnel to arrange closed preliminary hearings, or make arrangements to have the case held until the end of the court docket.
Closed Circuit TV: coordinate with appropriate court personnel to arrange closed circuit television testimony.
List any other services provided to victims by your grant program that does not fit in an above category. Please keep the number of "Other” to a minimum. It is required that you be able to identify the service listed in “Other”.