Columbus, Georgia

Agenda Item #________



Columbus Consolidated Government

Council Meeting



May 20, 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 District Attorney?s Crime

Victim Witness Program FY03 budget in the amount of $240,968 from $331,429 to

$572,397 and amending the State Court Solicitor?s FY03 budget in the amount of

$103,272 from $789,648 to $892,920; 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 partially 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 misdemeanors in Muscogee County. The Columbus

Consolidated Government has annually provided 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 at the discretion of Council. 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 has a fund balance of

$419,240. $75,000 of the fund balance was distributed in the FY02 Carryover

request leaving $344,240 for distribution.



Analysis: The Criminal Justice Coordinating Council has issued an

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

to 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 70% for the District Attorney?s program and 30% for the State Court

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

previous 6 years of 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 70%/30%, the fund balance will be

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

budgets. These funds may be used for all eligible victim witness program

activities at the discretion of the District Attorney and State Court

Solicitor. Outside certified crime victim witness programs may also 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. The District Attorney and State

Court Solicitor are to present a plan to combine the two programs in FY05.



Alternatives: Establish a different distribution percentage of the Crime Victim

Witness 5% surcharge funds; change the structure of the programs.



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

from the General fund. 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. If in any fiscal year a shortfall of revenue is projected,

the budgets will be adjusted to eliminate the shortfall of revenue. With the

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

unable to fund all aspects of the programs in the future. Outside agencies may

face reduced and/or elimination of funding.



Legal Considerations: The proposed ordinance will meet the requirement of the

administrative rule promulgated by the Criminal Justice Coordinating Council.

Council has the authority to distribute 5% surcharge funding to outside

agencies as well as determine the percentage distribution of funds to the

District Attorney and State Court Solicitor programs.



Recommendations/Actions: Approve an ordinance amending the District Attorney?s

Crime Victim Witness Program FY03 budget in the amount of $240,968 from

$331,429 to $572,397 and amending the State Court Solicitor?s FY03 budget in

the amount of $103,272 from $789,648 to $892,920; establishing a percentage

distribution of crime victim witness surcharge funds for FY04.