The U.S. Justice Department has put forth a series of proposed amendments to the regulations governing state-run programs that offer financial aid to victims of violent crimes. The primary objective of these changes is to tackle racial disparities and reduce the number of subjective rejections for compensation.
The proposal, introduced by the Justice Department’s Office for Victims of Crime, aims to revamp how states handle victims’ compensation claims across the nation. This initiative comes in response to an investigation conducted by the Associated Press last year, which uncovered the alarming trend of Black victims being disproportionately denied compensation in many states. The denials often stemmed from subjective reasons rooted in implicit biases that permeate the criminal justice system.
If adopted, the proposed changes would prohibit states from considering a victim’s criminal history and eliminate some of the most subjective grounds for denial prevalent in many states. Thousands of Americans rely on state-run victims compensation programs each year to receive financial assistance for various purposes, including funeral expenses, physical and emotional therapy, lost wages, and crime-scene cleanup.
The AP’s investigation revealed that, out of the 23 states willing to provide racial data, 19 exhibited a disproportionate denial of compensation to Black victims. In Indiana, Georgia, and South Dakota, Black applicants were nearly twice as likely as their white counterparts to be denied. Over the course of 2018 to 2021, these denials resulted in thousands of Black families annually missing out on millions of dollars in aid.
Each year, thousands of individuals face denials for compensation due to often subjective reasons that scrutinize victims’ behavior before or after a crime. The AP’s findings indicated that Black victims were nearly three times as likely to be denied on these grounds. One such category, known as “contributory misconduct,” involves programs accusing victims of causing or contributing to their own victimization without substantial evidence.
The proposed changes seek to significantly restrict the circumstances under which a state program can deny compensation based on misconduct. This includes the requirement for states to establish in law or policy what constitutes contributory conduct and the process utilized to determine its applicability in a denial. Additionally, the proposal clarifies that state programs should not seek reimbursement from victims for funds received through crowdfunding platforms like GoFundMe, among other notable modifications.
The publication of these proposed rule changes initiates a 60-day period for public comments. The processing of these comments and subsequent submission of final rule changes typically takes several months.
The U.S. Justice Department has proposed changes to state-run programs that assist victims of violent crimes in order to address racial disparities and reduce subjective denials of compensation. The changes would prohibit states from considering a victim’s criminal history and eliminate subjective reasons for denials. The proposal comes after an investigation revealed that Black victims were disproportionately denied compensation in many states. The victims’ compensation programs provide financial aid for various purposes such as funeral expenses and therapy. The proposed changes are now open for public comment.
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