Columbus, Georgia

Agenda Item #________



Columbus Consolidated Government

Council Meeting



February 25, 2003



Agenda Report # ___________





TO: Mayor and Councilors



SUBJECT: Distribution of 5% Crime Victim Witness Surcharge



INITIATED BY: Finance Department





Recommendation: Approve an ordinance amending the crime victim witness FY03

budget in the amount of $258,315 from $331,429 to $589,744 and amending the

state court solicitor?s FY03 budget in the amount of $86,105 from $789,648 to

$875,753; establishing a percentage distribution of crime victim witness

surcharge funds.



Background: The Columbus Consolidated Government has two certified Crime

Victim Witness Programs. The programs are practically funded through an

additional monetary amount equal to 5% of an original fine in a criminal case

in all Superior, State and Municipal Courts. The Victim Witness programs are

responsible for helping the victims, families and witnesses through the

criminal justice system. The District Attorney?s Crime Victim Witness program

serves victims of felonies for the entire Chattahoochee Judicial Circuit

(Muscogee, Harris, Talbot, Marion, Chattahoochee Taylor Counties). The

Columbus Consolidated Government receives the 5% surcharge funds from each of

the counties. The State Court Solicitor General?s Crime Victim Witness program

serves the victims of State Court for Muscogee County. The Columbus

Consolidated Government also provides funds to the Rape Crisis program with

funds from the 5% surcharge. Other outside agencies, which are certified

programs by the Criminal Justice Coordinating Council, have received funding

through the 5% surcharge funds. Both Crime Victim Witness programs, District

Attorney and State Court, receive grants from the Criminal Justice Coordinating

Council to assist funding their programs. The 5% surcharge funds are utilized

as matching funds for these grants. As of June 30, 2002, the 5% Crime Victim

Witness Surcharge had a fund balance of $419,420. $75,000 of the fund balance

was distributed to the District Attorney in the FY02 Carryover request leaving

$344,420 for distribution.



Analysis: The Criminal Justice Coordinating Council has issued an

administrative rule to address the required distribution of 5% surcharge funds

for Crime Victim Witness Programs. O.C.G.A 15-21-132 (a) (1) states if a

county operates or participates in a victim witness program approved by the

Criminal Justice Coordinating Council, then the 5% surcharge moneys shall be

paid over to that victim assistance program. To distribute the current fund

balance as well as future receipts, staff recommends a distribution percentage

of 75% for the District Attorney?s program and 25% for the State Court

Solicitor General's program. The percentage distribution was based on the

pervious year?s revenues and expenditures. By establishing a percentage

distribution of the 5% crime victim witness surcharge funds, the requirement to

distribute the fund balance as well as future receipts will be addressed per

the ruling from the Criminal Justice Coordinating Council.



Based on the established percentage of 75%/25%, the fund balance will be

appropriated to the District Attorney's and the State Court Solicitor's

budgets. Each fiscal year thereafter, each program will receive their

operating funding and the remaining projected revenue will be distributed based

upon the established percentage for distribution of funds. These funds may be

used for eligible victim witness program activities at the discretion of the

District Attorney and State Court Solicitor. Outside certified crime victim

witness programs, such as the Rape Crisis Program, may request use of 5%

surcharge funds for their programs from both the District Attorney and State

Court Solicitor. With this distribution of funds, the Consolidated Government

will meet the requirement of the administrative rule promulgated by the

Criminal Justice Coordinating Council.



Alternatives: Establish a different distribution percentage of the Crime Victim

Witness 5% surcharge funds or change the structure of the victim witness

programs.



Financial Considerations: The City is required to provide $63,608 of funding

from the General fund in support of the crime victim witness program. This was

the level of the funding of the program prior to the legislation establishing

the 5% surcharge to be used for crime victim witness assistance. With the

possible reduction of State funding for these programs, the 5% surcharge may be

unable to fund all aspects of the programs. Outside agencies may face reduced

and/or elimination of funding. Also if state funding is reduced, the General

Fund may be required to fund a greater share of the victim witness programs to

maintain the current level of services.



Legal Considerations: The City will now meet the statutory requirement for the

Criminal Justice Coordinating Council programs. Council has the authority to

determine the percentage distribution of funds to the crime victim witness

programs and other certified programs.



Recommendations/Actions: Approve an ordinance amending the crime victim

witness FY03 budget in the amount of $258,315 from $331,429 to $589,744 and

amending the state court solicitor?s FY03 budget in the amount of $86,105 from

$789,648 to $875,753; establishing a percentage distribution of crime victim

witness surcharge funds.