Date Requested: January 23, 2020
Time Requested: 03:20 PM
Agency: Legislative Claims Commission (formerly Court of Claims)
CBD Number: Version: Bill Number: Resolution Number:
2360 Introduced SB522
CBD Subject: Claims


Crime Victims Compensation Fund

Sources of Revenue:

Special Fund

Legislation creates:

Increases Existing Expenses

Fiscal Note Summary

Effect this measure will have on costs and revenues of state government.

    Summarize in a clear and concise manner what impact this measure will have on costs and revenues of state government.
    This bill will allow children who are in the foster care system to qualify for benefits from the Crime Victims Compensation Fund upon the filing of a civil abuse and neglect petition in the circuit court. This is an exception to the current reporting requirements of West Virginia Code 14-2A-1 et seq.
    The Crime Victims Compensation Fund is funded by both state and federal funds. The state funds are special revenue funds derived from court costs and criminal fines. Each year, the Fund receives federal monies through a VOCA grant administered by the US Department of Justice, with the amount of the grant being determined by a formula that utilizes the amount of state funds expended for crime victim benefits. Generally, the federal funds are approximately 60% percent of the state funds.
    The Crime Victim Compensation Fund is a "payor of last resort". All other benefits, including Medicaid and Medicare, must be utilized before the Fund's monies are paid out on behalf of a crime victim. Most, if not all, children in the foster care system are recipients of Medicaid, which would pay for the medical treatment, therapy, counseling, etc. for these children. This bill would allow those children who need treatments or therapies beyond what Medicaid provides to have those therapies paid for by the Crime Victims Compensation Fund. Any monetary benefits paid on behalf of foster care children by the Crime Victims Compensation Fund would be eligible for reimbursement through the federal VOCA grant.

Fiscal Note Detail

Effect of Proposal Fiscal Year
Fiscal Year
(Upon Full
1. Estmated Total Cost 0 10,000 25,000
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 6,000 15,000

Explanation of above estimates (including long-range effect):

    Please explain increases and decreases in personal services, current expenses, repairs and alterations, assets, other costs and revenues, including assumptions and data sources and delineation between start-up and ongoing costs. Please also include a long-range schedule of costs and revenues if fiscal impact is expected to vary in future years.
    The fiscal impact of each year is dependent upon the number of claims filed with the Crime Victims Compensation Fund and the nature of the benefits requested. It is anticipated that approximately 60% of the state funds expended on behalf of foster care children will be reimbursed to the Fund by the federal VOCA grant. The benefits paid for by the Fund will be those benefits beyond what is covered by Medicaid; not every claimant will be in need of extra treatments, therapies, etc. beyond the Medicaid basics. The numbers above are estimates but are consistent with average costs and benefits currently being paid out by the Fund. The Revenue numbers reflect the anticipated federal VOCA grants.


    Please identify any areas of vagueness, technical defects, reasons a bill would not have a fiscal impact, and/or any special issues not captured elsewhere on this form.
    Not applicable.

    Person submitting Fiscal Note: Janet N. Kawash
    Email Address: