How a new $2 surcharge on traffic tickets in RI will help victims of sexual abuse

PROVIDENCE — In their zeal to up the amount of money available to help crime victims, advocates — including state Treasurer James Diossa, who oversees the compensation fund, Secretary of State Gregg Amore and Lt. Gov. Sabina Matos, who is running for Congress — are seeking to add a $2 surcharge to the cost of a traffic ticket.

The bill they are backing would also allow a rape or sexual assault victim seeking money from the state's Crime Victims Compensation Fund to produce alternatives to a police report as documentation a crime was committed.

The bill headed for a hearing by the House Finance Committee on Tuesday night would "permit a medical forensic examination to replace a police report for purposes of determining program eligibility for sexual assault survivors," according to written testimony submitted in advance by the R.I. Coalition Against Domestic Violence.

The rationale?

In lieu of the current requirement that domestic abuse or sexual violence survivors file a police report to be eligible for up to $25,000 in compensation, the law should allow "alternate documentation ... for those victims who may not be comfortable filing a police report, due to distrust within the community, family members within law enforcement, immigration status, fear of repercussions from the abusive party, and other reasons," the Coalition wrote.

"People do not report sexual assault for a variety of reasons. Victims are traumatized from the abuse, incapable of processing what has happened, threatened by the abuser, and possibly dependent on the adults who abused them," echoed Peg Langhammer, executive director of Day One.

"To me this is key: 70% of sexual assaults go unreported and that's why we love this legislation," Langhammer said at a mid-day press conference hosted by Diossa. She said helping people get access to the crime victims' aid "is part of what we do to help people move forward...[But] we haven't been able to help them if they haven't reported to the police."

The suggested alternatives to a police report: "a medical forensic examination...[along with a] temporary civil restraining order, signed victim advocate affidavit, or signed statement from a medical or mental health services provider or social worker working with the victim."

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What to know about the Victim Compensation Program

In his new role as state treasurer, Diossa oversees the state's Victim Compensation Program which, in his words, "helps thousands of innocent victims allay the economic cost of crime, whether it be medical expenses, the cost of physical relocation, or lost earnings. Over the past four years, the [fund] has helped over 1,300 individuals, and impacted thousands across our state."

The program gets its money from two sources: federal grants and in-state court fines and fees, restitution fines and court orders.

The program received $1,423,183 last year between general revenues, federal grants, and court fees. The fund awarded $875,993.39 to 260 individual claimants. Program administration costs run approximately $500,000 annually.

Why the program needs more funding

The problem, according to Diossa's office:

"In recent years, however, diversion programs have slowly eroded the amount of funds coming in from court receipts resulting in an increased reliance on an annual appropriation and a net decrease in program funding," he wrote.

Since 2016, he said the crime victims fund administrators have "worked with the Courts to investigate the cause for declining revenue and to find ways to increase funding. The Courts have indicated that due to the Justice Reinvestment Act a number of crimes were recategorized to lesser charges, resulting in a decline in court cost revenue.

"Adding a $2 fee is an additional funding source and will help expand the program," he said of a third aim of the bill, H5977, sponsored by Rep. Carol McEntee — giving victims up to $1,000 to make "reasonable modifications'' to their homes "necessary to ensure the victim's safety" and upping other awards.

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In response to Journal inquiries, the treasurer's new spokesman Mark LeBeau acknowledged "there is no nexus" between traffic violations and domestic abuse and sexual assault.

But he said a portion of the program funding already comes from "fines and fees associated with traffic violations classified as misdemeanors or felonies (i.e. DUI or child endangerment). The remainder of the state portion is funded by court fines and fees associated with other criminal offenses."

The treasurer's office anticipates an additional $2 on top of the existing fees and fines — ranging from $85 to $500 — would raise approximately $500,000 in new revenue, based on a 2021 report published by the Institute for Municipal and Regional Policy at Central Connecticut State University that found there were 243,000 traffic stops in Rhode Island in 2019.

"Of those 243,000 stops, 38.2% (approximately 92,826) resulted in a citation. However, this number only includes citations issued during traffic stops. This bill would likewise apply to citations from traffic cameras, which were not included in the report."

This article originally appeared on The Providence Journal: RI Treasurer: $2 traffic ticket surcharge to help sexual abuse victims