BILL NUMBER: AB 1017	CHAPTERED  10/11/01

	CHAPTER  712
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2001
	APPROVED BY GOVERNOR  OCTOBER 10, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 14, 2001
	PASSED THE SENATE  SEPTEMBER 12, 2001
	AMENDED IN SENATE  SEPTEMBER 7, 2001
	AMENDED IN SENATE  AUGUST 27, 2001
	AMENDED IN SENATE  JUNE 18, 2001
	AMENDED IN ASSEMBLY  APRIL 26, 2001

INTRODUCED BY   Assembly Member Jackson

                        FEBRUARY 23, 2001

   An act to amend Sections 13961, 13961.01, 13965, and 13965.5 of,
to amend and repeal Sections 13960 and 13964 of, and to add and
repeal Section 13960.6 of, the Government Code, relating to victims
of crime, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1017, Jackson.  Victims of crime.
   (1) Existing law provides for the indemnification of victims and
derivative victims of specified types of crimes, for certain expenses
for which the victim or derivative victim has not been and will not
be reimbursed from any other source.  A "derivative victim" is
defined for these purposes as a resident of the state who meets
additional criteria, and may include parent, sibling, spouse, or
child of the victim.  Indemnification is made under these provisions
from the Restitution Fund, which is continuously appropriated to the
California Victim Compensation and Government Claims Board for these
purposes.
   This bill would include the grandparent or grandchild of the
victim within the definition of "derivative victim" for these
purposes, and would authorize, until January 1, 2007, reimbursement
for outpatient mental health services to a nonresident of the United
States who otherwise meets the criteria for reimbursement, as a
derivative victim under these provisions.  The bill would provide for
the reimbursement of specified individuals for expenses incurred in
an amount not to exceed $1,000 for cleaning the scene of a crime in a
residence when the victim has died as a result of the crime.
   (2) Existing law authorizes the prescribed period for filing an
application for crime victim assistance with the board to be extended
for a period not to exceed 3 years after the date of the crime or 3
years after the victim attains 18 years of age, whichever is later,
except that the board may grant an additional extension under certain
circumstances, some of which apply only until January 1, 2003.
   This bill would provide that the period of time prescribed for
filing by or on behalf of a derivative victim shall be tolled when
the board accepts the application filed by a victim of the same
qualifying crime.  It would extend the application of certain
circumstances for extension of the filing period to January 1, 2004.

   (3) Existing law provides that no reimbursement shall be made for
any expense that is submitted more than 3 years after it is incurred
by a victim or derivative victim.
   This bill would provide that reimbursement may be made for an
expense submitted more than 3 years after the date it is incurred if
the victim or derivative victim has affirmed the debt and is liable
for the debt at the time the expense is submitted for reimbursement,
or has paid the expense as a direct result of a crime for which a
timely application has been submitted.
   (4) Existing law, until January 1, 2003, includes the primary
caretaker of a minor victim who was not the primary caretaker at the
time of the crime within the definition of "derivative victim" for
purposes of indemnification, defines "injury" to include emotional
injury when sustained as a result of a crime committed in violation
of specified provisions of law under certain circumstances, defines
"crime" to include injury or death caused by a person in violation of
specified provisions of law, and authorizes reimbursement for
services provided by a person who qualifies as a psychology intern
according to specified criteria.  Among the criteria is a requirement
that the intern is under the supervision of a licensed mental health
professional, described as a psychiatrist, psychologist, or social
worker.
   This bill would extend the operation of these provisions until
January 1, 2004, except that it would extend indefinitely the
provisions authorizing reimbursement for services provided by a
person who qualifies as a psychology intern.  The bill would expand
the description of a licensed mental health professional for purposes
of intern supervision to include a marriage and family therapist.
It would additionally provide for reimbursement for services provided
by a person licensed as a registered nurse according to specified
criteria.
   (5) Existing law, until January 1, 2003, requires the board to
consider certain factors with respect to a victim's age, physical
condition, and psychological state, as well as any compelling health
and safety concerns, in determining eligibility for indemnification
as a victim of crime, and provides certain exceptions for
prohibitions on indemnification.
   This bill would extend the operation of these provisions until
January 1, 2004.
   (6) Existing law, until January 1, 2003, provides for specified
conditions on the reimbursement for mental health counseling for
certain derivative victims of crime.
   This bill would extend the operation of these provisions to
January 1, 2004.
   (7) Existing law allows certain victims to apply for reimbursement
for, among other things, up to $2,000 for specified relocation
expenses, including first and last month's rent, in the case of an
adult victim of domestic violence, and $5,000 or more when justified,
to make a residence accessible or vehicle operational in the case of
a victim disabled as a result of the crime.
   This bill would provide that the victim need not be an adult to
qualify for those relocation expenses, and would include a security
deposit within the reimbursable expenses.  The bill would delete any
limit on reimbursement to make a residence or vehicle accessible or a
vehicle operational for a disabled victim.
   (8) This bill would make other technical, nonsubstantive changes.

   (9) By providing for an expanded pool of recipients of, an
extended period of time for expending, and a new use for, moneys from
a continuously appropriated fund, this bill would make an
appropriation.
   (10) This bill would incorporate additional changes in Section
13961.01 of the Government Code proposed by AB 409, to be operative
if this bill and AB 409 are both enacted and become effective on or
before January 1, 2002, and this bill is enacted last.  It would also
incorporate additional changes in Section 13965 of the Government
Code proposed by AB 1019, to be operative if this bill and AB 1019
are both enacted and become effective on or before January 1, 2002,
and this bill is enacted last.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 13960 of the Government Code, as amended by
Section 1.3 of Chapter 895 of the Statutes of 1998, is amended to
read:
   13960.  As used in this article:
   (a) (1) "Victim" means a resident of the State of California, a
member of the military stationed in California, or a family member
living with a member of the military stationed in California who
sustains injury or death as a direct result of a crime.
   (2) "Derivative victim" means a resident of California, or
resident of another state, who is one of the following:
   (A) At the time of the crime was the parent, grandparent, sibling,
spouse, child, or grandchild of the victim.
   (B) At the time of the crime was living in the household of the
victim.
   (C) A person who had previously lived in the household of the
victim for a period of not less than two years in a relationship
substantially similar to a relationship listed in subparagraph (A).
   (D) Is another family member of the victim, including the victim's
fiance or fiancee, and witnessed the crime.
   (E) Is the primary caretaker of a minor victim, but was not the
primary caretaker at the time of the crime.
   (b) (1) "Injury" includes physical or emotional injury, or both.
However, this article does not apply to emotional injury unless that
injury is incurred by a victim who also sustains physical injury or
threat of physical injury.  For purposes of this article, a victim of
a crime committed in violation of Section 261, 262, 271, 273a, 273d,
278, 278.5, 285, 286, 288, 288a, 288.5, or 289, or subdivision (b)
or (c) of Section 311.4, of the Penal Code, who sustains emotional
injury is presumed to have sustained physical injury.  For purposes
of this article, a victim of a crime committed in violation of
Section 270 of the Penal Code, as a result of conduct other than a
failure to pay child support, who sustains emotional injury is
presumed to have sustained physical injury if criminal charges were
filed.  For purposes of this article, a victim of a crime committed
in violation of subdivision (d) of Section 261.5 of the Penal Code,
who sustains emotional injury, is presumed to have sustained physical
injury if felony charges were filed.
   (2) It is the intent of the Legislature that in order for the
presumption set forth in paragraph (1) relating to a violation of
Section 278 or 278.5 of the Penal Code to apply, the deprivation of
custody as described in those sections shall have endured for not
less than 30 days.  For the purposes of this paragraph, the child,
and not the nonoffending parent or other caretaker, shall be deemed
the victim.
   (3) A child who has been the witness of a crime or crimes of
domestic violence may be presumed by the board to have sustained
physical injury.
   (c) "Crime" means a crime or public offense that would constitute
a misdemeanor or a felony if committed in California by a competent
adult that results in injury to a resident of this state, including a
crime or public offense, wherever it may take place, when the
resident is temporarily absent from the state.  "Crime" includes an
act of terrorism, as defined in Section 2331 of Title 18 of the
United States Code, committed against a resident of the state,
whether or not the act occurs within the state.  No act involving the
operation of a motor vehicle, aircraft, or water vehicle that
results in injury or death constitutes a crime for the purposes of
this article, except that a crime shall include any of the following:

   (1) Injury or death intentionally inflicted through the use of a
motor vehicle, aircraft, or water vehicle.
   (2) Injury or death caused by a driver in violation of Section
20001 of the Vehicle Code.
   (3) Injury or death caused by a person who is under the influence
of any alcoholic beverage or drug.
   (4) Injury or death caused by a driver of a motor vehicle in the
immediate act of fleeing the scene of a crime in which he or she
knowingly and willingly participated.
   (5) Injury or death caused by a person in violation of subdivision
(c) of Section 192 or Section 192.5 of the Penal Code.
   For the purpose of the limitations imposed by this article, a
crime shall mean one act or series of related acts arising from the
same course of conduct with the same perpetrator or perpetrators
against a victim.
   (d) "Pecuniary loss" means the following expenses for which the
victim or derivative victim has not been and will not be reimbursed
from any other source:
   (1) The amount of medical or medical-related expenses incurred by
the victim, including inpatient psychological or psychiatric
expenses, and including, but not limited to, eyeglasses, hearing
aids, dentures, or any prosthetic device taken, lost, or destroyed
during the commission of the crime, or the use of which became
necessary as a direct result of the crime.
   (2) The amount of outpatient psychiatric, psychological, or other
mental health counseling related expenses that became necessary as a
direct result of the crime.  These counseling services may only be
reimbursed if provided by any of the following individuals:
   (A) A person licensed as a physician who is certified in
psychiatry by the American Board of Psychiatry and Neurology or who
has completed a residency in psychiatry.
   (B) A person licensed as a psychologist under Chapter 6.6
(commencing with Section 2900) of Division 2 of the Business and
Professions Code.
   (C) A person licensed as a clinical social worker under Article 4
(commencing with Section 4996) of Chapter 14 of Division 2 of the
Business and Professions Code.
   (D) A person licensed as a marriage and family therapist under
Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code.
   (E) A person registered as a psychological assistant who is under
the supervision of a licensed psychologist or board certified
psychiatrist as required by Section 2913 of the Business and
Professions Code.
   (F) A person registered with the Board of Psychology who is
providing services in a nonprofit community agency pursuant to
subdivision (d) of Section 2909 of the Business and Professions Code.

   (G) A person registered as a marriage and family therapist intern
who is under the supervision of a licensed marriage and family
therapist, a licensed clinical social worker, a licensed
psychologist, or a licensed physician certified in psychiatry, as
specified in Section 4980.44 of the Business and Professions Code.
   (H) A person registered as an associate clinical social worker, as
defined in Section 4996.18 of the Business and Professions Code, who
is under the supervision of a licensed clinical social worker, a
licensed psychologist, or a board certified psychiatrist.
   (I) A person who qualifies as a psychology intern as described in
Section 2911 of the Business and Professions Code who is under the
supervision of a licensed mental health professional (psychiatrist,
psychologist, social worker, or marriage and family therapist) in a
university hospital or university medical school clinic or a person
who has completed the qualifications described in Section 2911 of the
Business and Professions Code who is pursuing a postdoctoral and
training in a university or university medical school clinic under
the supervision of a licensed mental health professional
(psychiatrist, psychologist, social worker, or marriage and family
therapist) for the purpose of achieving higher clinical competency.
   (J) A person licensed as a registered nurse pursuant to Chapter 6
(commencing with Section 2700) of Division 2 of the Business and
Professions Code, who possesses a master's degree in
psychiatric-mental health nursing and is listed as a
psychiatric-mental health nurse by the Board of Registered Nursing,
or an advanced practice registered nurse certified as a clinical
nurse specialist under Article 9 (commencing with Section 2838) of
Chapter 6 of Division 2 of the Business and Professions Code, who
participates in expert clinical practice in the specialty of
psychiatric-mental health nursing.
   (3) The loss of income that the victim or the loss of support that
the derivative victim has incurred or will incur as a direct result
of an injury or death.
   (4) Pecuniary loss also includes nonmedical remedial care and
treatment rendered in accordance with a religious method of healing
recognized by state law.
   (5) The amount of family psychiatric, psychological, or mental
health counseling expenses necessary as a direct result of the crime
for the successful treatment of the victim, provided to family
members of the victim in the presence of the victim, whether or not
the family member relationship existed at the time of the crime.
   (e) "Board" means the California Victim Compensation and
Government Claims Board.
   (f) "Victim centers" means those centers as specified in Section
13835.2 of the Penal Code.
   (g) "Peer counselor" means a provider of mental health counseling
services who has completed a specialized course in rape crisis
counseling skills development, participates in continuing education
in rape crisis counseling skills development, and provides rape
crisis counseling in consultation with a mental health practitioner
licensed within the State of California.
   (h) This section shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2004, deletes or extends
that date.
  SEC. 2.  Section 13960 of the Government Code, as added by Section
1.4 of Chapter 895 of the Statutes of 1998, is amended to read:
   13960.  As used in this article:
   (a) (1) "Victim" means a resident of the State of California, a
member of the military stationed in California, or a family member
living with a member of the military stationed in California who
sustains injury or death as a direct result of a crime.
   (2) "Derivative victim" means a resident of California who is one
of the following:
   (A) At the time of the crime was the parent, grandparent, sibling,
spouse, child, or grandchild of the victim.
   (B) At the time of the crime was living in the household of the
victim.
   (C) A person who had previously lived in the household of the
victim for a period of not less than two years in a relationship
substantially similar to a relationship listed in subparagraph (A).
   (D) Is another family member of the victim, including the victim's
fiance, and witnessed the crime.
   (b) "Injury" includes physical or emotional injury, or both.
However, this article does not apply to emotional injury unless that
injury is incurred by a victim who also sustains physical injury or
threat of physical injury.  For purposes of this article, a victim of
a crime committed in violation of Section 261, 262, 271, 273a, 273d,
285, 286, 288, 288a, 288.5, or 289, or subdivision (b) or (c) of
Section 311.4, of the Penal Code, who sustains emotional injury is
presumed to have sustained physical injury.  For purposes of this
article, a victim of a crime committed in violation of Section 270 of
the Penal Code, as a result of conduct other than a failure to pay
child support, who sustains emotional injury is presumed to have
sustained physical injury if criminal charges were filed or a
prosecuting attorney expresses the opinion that the child is a victim
of that section.
   (c) "Crime" means a crime or public offense that would constitute
a misdemeanor or a felony if committed in California by a competent
adult that results in injury to a resident of this state, including a
crime or public offense, wherever it may take place, when the
resident is temporarily absent from the state.  "Crime" includes an
act of terrorism, as defined in Section 2331 of Title 18 of the
United States Code, committed against a resident of the state,
whether or not the act occurs within the state.  No act involving the
operation of a motor vehicle, aircraft, or water vehicle that
results in injury or death constitutes a crime for the purposes of
this article, except that a crime shall include any of the following:

   (1) Injury or death intentionally inflicted through the use of a
motor vehicle, aircraft, or water vehicle.
   (2) Injury or death caused by a driver in violation of Section
20001 of the Vehicle Code.
   (3) Injury or death caused by a person who is under the influence
of any alcoholic beverage or drug.
   (4) Injury or death caused by a driver of a motor vehicle in the
immediate act of fleeing the scene of a crime in which he or she
knowingly and willingly participated.
   For the purpose of the limitations imposed by this article, a
crime shall mean one act or series of related acts arising from the
same course of conduct with the same perpetrator or perpetrators.
   (d) "Pecuniary loss" means the following expenses for which the
victim or derivative victim has not been and will not be reimbursed
from any other source:
   (1) The amount of medical or medical-related expenses incurred by
the victim, including inpatient psychological or psychiatric
expenses, and including, but not limited to, eyeglasses, hearing
aids, dentures, or any prosthetic device taken, lost, or destroyed
during the commission of the crime, or the use of which became
necessary as a direct result of the crime.
   (2) The amount of outpatient psychiatric, psychological, or other
mental health counseling related expenses that became necessary as a
direct result of the crime.  These counseling services may only be
reimbursed if provided by any of the following individuals:
   (A) A person licensed as a physician who is certified in
psychiatry by the American Board of Psychiatry and Neurology or who
has completed a residency in psychiatry.
   (B) A person licensed as a psychologist under Chapter 6.6
(commencing with Section 2900) of Division 2 of the Business and
Professions Code.
   (C) A person licensed as a clinical social worker under Article 4
(commencing with Section 4996) of Chapter 14 of Division 2 of the
Business and Professions Code.
   (D) A person licensed as a marriage and family therapist under
Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code.
   (E) A person registered as a psychological assistant who is under
the supervision of a licensed psychologist or board certified
psychiatrist as required by Section 2913 of the Business and
Professions Code.
   (F) A person registered with the Board of Psychology who is
providing services in a nonprofit community agency pursuant to
subdivision (d) of Section 2909 of the Business and Professions Code.

   (G) A person registered as a marriage and family therapist intern
who is under the supervision of a licensed marriage and family
therapist, a licensed clinical social worker, a licensed
psychologist, or a licensed physician certified in psychiatry, as
specified in Section 4980.44 of the Business and Professions Code.
   (H) A person registered as an associate clinical social worker, as
defined in Section 4996.18 of the Business and Professions Code, who
is under the supervision of a licensed clinical social worker, a
licensed psychologist, or a board certified psychiatrist.
   (I) A person who qualifies as a psychology intern as described in
Section 2911 of the Business and Professions Code who is under the
supervision of a licensed mental health professional (psychiatrist,
psychologist, social worker, or marriage and family therapist) in a
university hospital or university medical school clinic or a person
who has completed the qualifications described in Section 2911 of the
Business and Professions Code who is pursuing a postdoctoral and
training in a university or university medical school clinic under
the supervision of a licensed mental health professional
(psychiatrist, psychologist, social worker, or marriage and family
therapist) for the purpose of achieving higher clinical competency.
   (J) A person licensed as a registered nurse pursuant to Chapter 6
(commencing with Section 2700) of Division 2 of the Business and
Professions Code, who possesses a master's degree in
psychiatric-mental health nursing and is listed as a
psychiatric-mental health nurse by the Board of Registered Nursing,
or an advanced practice registered nurse certified as a clinical
nurse specialist under Article 9 (commencing with Section 2838) of
Chapter 6 of Division 2 of the Business and Professions Code, who
participates in expert clinical practice in the specialty of
psychiatric-mental health nursing.
   (3) The loss of income that the victim or the loss of support that
the derivative victim has incurred or will incur as a direct result
of an injury or death.
   (4) Pecuniary loss also includes nonmedical remedial care and
treatment rendered in accordance with a religious method of healing
recognized by state law.
   (5) The amount of family psychiatric, psychological, or mental
health counseling expenses necessary as a direct result of the crime
for the successful treatment of the victim, provided to family
members of the victim in the presence of the victim, whether or not
the family member relationship existed at the time of the crime.
   (e) "Board" means the California Victim Compensation and
Government Claims Board.
   (f) "Victim centers" means those centers as specified in Section
13835.2 of the Penal Code.
   (g) "Peer counselor" means a provider of mental health counseling
services who has completed a specialized course in rape crisis
counseling skills development, participates in continuing education
in rape crisis counseling skills development, and provides rape
crisis counseling in consultation with a mental health practitioner
licensed within the State of California.
   (h) This section shall become operative on January 1, 2004.
  SEC. 3.  Section 13960 of the Government Code, as added by Section
2.7 of Chapter 697 of the Statutes of 1998, is repealed.
  SEC. 4.  Section 13960.6 is added to the Government Code, to read:

   13960.6.  (a) Notwithstanding the residency requirement of
paragraph (2) of subdivision (a) of Section 13960, a nonresident of
the United States who meets the other requirements of that paragraph
shall be deemed to be a "derivative victim" for purposes of this
chapter and may be reimbursed for outpatient mental health counseling
when that mental health counseling is necessary as a direct result
of a crime that occurred in this state, in the amounts set forth in
this chapter.
  (b) This section shall remain in effect only until January 1, 2007,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2007, deletes or extends that date.

  SEC. 5.  Section 13961 of the Government Code is amended to read:
   13961.  (a) A victim or derivative victim may file an application
for assistance with the board.
   (b) The board shall supply and make available an application form
for this purpose.  The form shall be in one part, in laymen's terms,
and shall be accompanied by information including, but not limited
to, all of the following:
   (1) The eligibility of applicants, the types of claims covered,
and the maximum amount payable for these claims.
   (2) Information explaining the procedure to be used to evaluate an
applicant's claims.
   (3) Other information pertinent to the applicant as deemed
necessary by the board.
   (4) Information about the existence and location of local victim
centers.
   (c) (1) The period prescribed for the filing of an application for
assistance shall be one year after the date of the crime or one year
after the victim attains 18 years of age, whichever is later.
   (2) The board may for good cause grant an extension of the time
period in paragraph (1) not to exceed three years after the date of
the crime or after the victim attains 18 years of age, whichever is
later.
   (3) The board may grant an extension of the time period in
paragraph (1) or (2) if either subparagraph (A), (B), or (C) is true:

   (A) The application is filed within one year from the date of the
filing of an indictment, information, or complaint alleging the facts
that gave rise to the application; and the prosecuting attorney
recommends that the board find that the applicant cooperated with law
enforcement and the prosecuting attorney in the apprehension and
prosecution of the person charged with the crime, and the board so
finds.
   (B) A victim is called to testify in a criminal proceeding
adjudicating the facts that gave rise to the application; the
application is filed within one year of the completion of the victim'
s testimony; and the prosecuting attorney recommends that the board
find that the applicant cooperated with law enforcement and the
prosecuting attorney in the apprehension and prosecution of the
person charged with the crime, and the board so finds.
   (C) The application is filed within one year of the time that a
formal written decision is made by the prosecuting attorney not to
prosecute, and the prosecuting attorney recommends that the board
find that the applicant cooperated with law enforcement and the
prosecuting attorney in the investigation and consideration of the
crime for prosecution, and the board so finds.
   (d) The period prescribed for filing an application by or on
behalf of a derivative victim shall be tolled when the board accepts
the application filed by a victim of the same qualifying crime.
   (e) The application for assistance shall be verified under penalty
of perjury by the victim or derivative victim.  If the victim or
derivative victim is a minor or is incompetent, the application shall
be verified under penalty of perjury or on information and belief by
the parent with legal custody or the legal guardian of the victim or
derivative victim for whom the application is made.
   (f) The application shall contain all of the following:
   (1) A description of the date, nature, and circumstances of the
crime or public offense.
   (2) A complete financial statement, including, but not limited to,
the cost of medical care or burial expense and the loss of wages
that the victim or the loss of support that the derivative victim has
incurred or will incur and the extent to which the applicant has
been or will be indemnified for these expenses from any source.
   (3) When appropriate, a statement indicating the extent of any
disability resulting from the injury incurred.
   (4) An authorization permitting the board or a local victim
center, or both, to verify the contents of the application.
   (5) Any other information as the board may require.
  SEC. 6.  Section 13961.01 of the Government Code is amended to
read:
   13961.01.  (a) In addition to the additional extension for good
cause authorized under Section 13961, the board may also for good
cause grant an additional extension beyond three years when the claim
is filed under any of the following circumstances:
   (1) The application is filed by a minor derivative victim where
the direct victim is permanently disabled or dies as a result of the
crime.
   (2) The application is filed based on a crime described in Section
261, 286, 288, 288a, 288.5, or 289 of the Penal Code, or penetration
of an anal or genital opening as described in Section 289.5 of the
Penal Code as it existed prior to January 1, 1995, and all of the
following criteria are met:
   (A) The victim was under the age of 18 years at the time the crime
was committed.
   (B) The crime was reported to a law enforcement agency, as defined
in subdivision (p) of Section 290 of the Penal Code, or a child
protective agency, as defined in Section 11165.9 of the Penal Code.
   (C) The application is accompanied by either of the following:
   (i) A copy of the report of the crime filed with an agency
described in subparagraph (B) and a recommendation from either the
investigating officer or the prosecuting attorney that the
application for late filing be approved, and the application is filed
within one year of the date the victim receives the recommendation.

   (ii) Documentation that a complaint, information, or indictment
alleging the crime giving rise to the application was filed.
   (3) The direct victim dies as a result of the crime, but the fact
is not discovered until after the expiration of the time limits
imposed by this section.
   (b) No application shall be denied under paragraphs (1) to (3),
inclusive, of subdivision (a) solely because the crime was not
reported to law enforcement within a specified time period.
   (c) For the purposes of this section, the board may consider
applications filed with the board on or after October 4, 1993, that
meet the criteria for delayed filing as set forth in subdivision (a).

   (d) This section shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2004, deletes or extends
that date.
  SEC. 6.5.  Section 13961.01 of the Government Code is amended to
read:
   13961.01.  (a) In addition to the additional extension for good
cause authorized under Section 13961, the board may also for good
cause grant an additional extension beyond three years when the claim
is filed under any of the following circumstances:
   (1) The application is filed by a minor derivative victim where
the direct victim is permanently disabled or has died as a result of
the crime.
   (2) The application is filed based on a crime described in Section
261, 286, 288, 288a, 288.5, or 289 of the Penal Code, or penetration
of an anal or genital opening as described in Section 289.5 of the
Penal Code as it existed prior to January 1, 1995, and all of the
following criteria are met:
   (A) The victim was under the age of 18 years at the time the crime
was committed.
   (B) The crime was reported to a law enforcement agency, as defined
in subdivision (p) of Section 290 of the Penal Code, or a child
protective agency, as defined in Section 11165.9 of the Penal Code.
   (C) The application is accompanied by either of the following:
   (i) A copy of the report of the crime filed with an agency
described in subparagraph (B) and a recommendation from either the
investigating officer or the prosecuting attorney that the
application for late filing be approved, and the application is filed
within one year of the date the victim receives the recommendation.

   (ii) Documentation that a complaint, information, or indictment
alleging the crime giving rise to the application was filed.
   (3) The direct victim has died as a result of the crime, but the
fact is not discovered until after the expiration of the time limits
imposed by this section.
                     (4) The application is filed by a victim or
derivative victim of a crime for which the perpetrator or
perpetrators received a sentence of death or life without possibility
of parole and either of the following is true:
   (A) The prosecuting attorney or a law enforcement officer
documents that the victim or derivative victim filing the application
was not informed of the provisions of this chapter within the time
period for filing an application under subdivision (c) of Section
13961.
   (B) The victim or derivative victim filing the application
provides documentation that he or she received notice from the Board
of Prison Terms, the Attorney General, or the prosecuting district
attorney's office that a date was set for a clemency hearing or an
execution of the perpetrator or perpetrators.
   (b) No application shall be denied under paragraphs (1) to (4),
inclusive, of subdivision (a) solely because the crime was not
reported to law enforcement within a specified time period.
   (c) For the purposes of this section, the board may consider
applications filed with the board on or after October 4, 1993, that
meet the criteria for delayed filing as set forth in subdivision (a).

   (d) This section shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2004, deletes or extends
that date.
  SEC. 7.  Section 13964 of the Government Code, as amended by
Section 2.5 of Chapter 895 of the Statutes of 1998, is amended to
read:
   13964.  (a) After having heard the evidence relevant to the
application for assistance, the board shall approve the application
if a preponderance of the evidence shows that as a direct result of
the crime the victim or derivative victim incurred an injury that
resulted in a pecuniary loss.
   (b) An application for assistance may be denied, in whole or in
part, if the board finds that denial is appropriate because of the
nature of the victim's or other applicant's involvement in the events
leading to the crime or the involvement of the persons whose injury
or death give rise to the application.  In the case of a minor, the
board shall consider the minor's age, physical condition, and
psychological state as well as any compelling health and safety
concerns in determining whether the minor's application should be
denied pursuant to this section.
   (c) No victim shall be eligible for assistance under this article
under either of the following circumstances:
   (1) The board finds that the victim knowingly and willingly
participated in the commission of the crime.  This paragraph shall
not apply if the injury occurred as a direct result of a crime
committed in violation of subdivision (d) of Section 261.5 of the
Penal Code.
   (2) The board finds that the victim failed to cooperate reasonably
with a law enforcement agency in the apprehension and conviction of
a criminal committing the crime.  In the case of a minor, the board
shall consider the minor's age, physical condition, and psychological
state as well as any compelling health and safety concerns in
determining whether the minor is eligible for assistance pursuant to
this section.
   (d) No derivative victim shall be eligible for assistance under
this article under either of the following circumstances:
   (1) The board finds that the victim or derivative victim knowingly
and willingly participated in the commission of the crime.
   (2) The board finds that the victim or derivative victim failed to
cooperate reasonably with a law enforcement agency in the
apprehension and conviction of a criminal committing the crime.
   (e) Notwithstanding paragraph (2) of subdivision (c) and paragraph
(2) of subdivision (d), for claims based on domestic violence the
Board of Control shall adopt guidelines that allow the board to
consider and approve applications for assistance based on domestic
violence, taking into account the victim's age, physical condition,
psychological state, and any compelling health or safety reasons,
including, but not limited to, a reasonable fear of retaliation or
harm that would jeopardize the well-being of the victim or the victim'
s family, in evaluating a victim's cooperation with law enforcement,
and giving due consideration to the degree of cooperation of which
the victim is capable in light of the presence of any of these
factors.
   For the purposes of this section, the application of a derivative
victim of domestic violence under the age of 18 years shall not be
deemed ineligible on the basis of ineligibility of the victim under
subdivision (b).
   (f) No application shall be denied solely because no criminal
complaint has been filed, unless the complaint has not been filed for
one of the reasons stated in subdivision (c) or (d).  Moreover, no
application shall be denied because a criminal complaint is filed,
but later dismissed, if the dismissal is not for the reasons stated
in subdivision (c) or (d).
   (g) Once an application has been accepted by the board pursuant to
subdivision (b) of Section 13962, as the application pertains to
medical or medical-related expenses, the claim shall continue to be
processed and either awarded or denied pursuant to this article in
the event of the death of the applicant.
   (h) If a nonoffending parent in a child sexual abuse case
cooperates with the prosecution or Child Protective Services by
providing assistance to law enforcement in the disposition of the
case, that parent shall not be considered uncooperative within the
meaning of this section and shall be eligible, if otherwise
qualified, for restitution as a derivative victim pursuant to
subparagraph (C) of paragraph (1) of subdivision (a) of Section
13965.
   (i) This section shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2004, deletes or extends
that date.
  SEC. 8.  Section 13964 of the Government Code, as added by Section
4.7 of Chapter 697 of the Statutes of 1998, is amended to read:
   13964.  (a) After having heard the evidence relevant to the
application for assistance, the board shall approve the application
if a preponderance of the evidence shows that as a direct result of
the crime the victim or derivative victim incurred an injury which
resulted in a pecuniary loss.
   (b) An application for assistance may be denied, in whole or in
part, if the board finds that denial is appropriate because of the
nature of the victim's or other applicant's involvement in the events
leading to the crime or the involvement of the persons whose injury
or death give rise to the application.
   (c) No victim shall be eligible for assistance under this article
under any of the following circumstances:
   (1) The board finds that the victim knowingly and willingly
participated in the commission of the crime.
   (2) The board finds that the victim failed to cooperate with a law
enforcement agency in the apprehension and conviction of a criminal
committing the crime.
   (d) No derivative victim shall be eligible for assistance under
this article under any of the following circumstances:
   (1) The board finds that the victim or derivative victim knowingly
and willingly participated in the commission of the crime.
   (2) The board finds that the victim or derivative victim failed to
cooperate with a law enforcement agency in the apprehension and
conviction of a criminal committing the crime.
   (e) No application shall be denied solely because no criminal
complaint has been filed, unless the complaint has not been filed for
one of the reasons stated in subdivision (c) or (d).  Moreover, no
application shall be denied because a criminal complaint is filed,
but later dismissed, if the dismissal is not for the reasons stated
in subdivision (c) or (d).
   (f) Once an application has been accepted by the board pursuant to
subdivision (b) of Section 13962, as the application pertains to
medical or medical-related expenses, the claim shall continue to be
processed and either awarded or denied pursuant to this article in
the event of the death of the applicant.
   (g) If a nonoffending parent in a child sexual abuse case
cooperates with the prosecution or Child Protective Services by
providing assistance to law enforcement in the disposition of the
case, that parent shall not be considered uncooperative within the
meaning of this section and shall be eligible, if otherwise
qualified, for restitution as a derivative victim pursuant to
subparagraph (C) of paragraph (1) of subdivision (a) of Section
13965.
   (h) This section shall become operative on January 1, 2004.
  SEC. 9.  Section 13964 of the Government Code, as added by Section
2.7 of Chapter 895 of the Statutes of 1998, is repealed.
  SEC. 10.  Section 13965 of the Government Code, as amended by
Section 5 of Chapter 1016 of the Statutes of 2000, is amended to
read:
   13965.  (a) If the application for assistance is approved, the
board shall determine what type of state assistance will best aid the
victim or derivative victim.  The board may take any or all of the
following actions:
   (1) Reimburse the following persons for the expense of their
outpatient mental health counseling when that mental health
counseling is necessary as a direct result of the crime:
   (A) A victim in an amount not to exceed ten thousand dollars
($10,000).
   (B) A derivative victim who is the surviving parent, sibling,
child, spouse, or fiance of a victim of a crime which directly
resulted in the death of the victim in an amount not to exceed ten
thousand dollars ($10,000).
   (C) A derivative victim, as defined in subparagraph (A), (B), (C),
or (D) of paragraph (2) of subdivision (a) of Section 13960, who is
the primary caretaker of a minor victim of sexual or physical abuse
whose claim is not denied or reduced pursuant to subdivision (b) or
(d) of Section 13964 in a total amount not to exceed ten thousand
dollars ($10,000) for not more than two derivative victims described
in this subparagraph.
   (D) A derivative victim not eligible for reimbursement pursuant to
subparagraph (B) or (C) in an amount not to exceed three thousand
dollars ($3,000), provided that mental health counseling of a
derivative victim under subparagraph (E) of paragraph (2) of
subdivision (a) of Section 13960 shall be reimbursed only if that
counseling is necessary for the treatment of the victim.
   (E) A victim of a crime committed in violation of subdivision (d)
of Section 261.5 of the Penal Code in an amount not to exceed three
thousand dollars ($3,000) for mental health counseling expenses only.
  A derivative victim of a crime committed in violation of
subdivision (d) of Section 261.5 of the Penal Code shall not be
eligible for reimbursement of mental health counseling expenses.
   The board may authorize a direct cash payment to a provider of
psychological or psychiatric treatment or mental health counseling
services, including peer counseling services provided by a rape
crisis center as defined by Section 13837 of the Penal Code or to
either the victim or the derivative victim, equal to the pecuniary
loss attributable to medical or medical-related expenses, including
counseling, directly resulting from the injury. Reimbursement on the
initial claim for any psychological, psychiatric, or mental health
counseling services, including peer counseling services provided by a
rape crisis center, shall, if the application has been approved, be
paid by the board within 90 days of the date of receipt of the claim
for payment, with subsequent payments to be made to the provider
within one month of the receipt of a claim for payment.  However, the
board may not authorize without good cause a direct cash payment to
a licensed health care provider or rape crisis center over the
objection of the applicant.
   When a public agency, including a court or district attorney or a
police, county child protective services, or other state or local
governmental agency, refers a victim of crime to a private nonprofit
agency for treatment for that victim, the private nonprofit agency
shall be reimbursed for those services at the level of the normal and
customary fee charged by the private nonprofit agency to clients
with adequate means of payment for its services, except that this
reimbursement shall not exceed the maximum reimbursement rates set by
the board and may be made only to the extent that the victim
otherwise qualifies for services under the victims of crime program
and that other reimbursement or direct subsidies are not available to
serve the victim.
   Payments authorized pursuant to this paragraph for peer counseling
services provided by a rape crisis center shall not exceed fifteen
dollars ($15) for each hour of services provided.  Those services
shall be limited to individual, in-person counseling on a
face-to-face basis for a period not to exceed 10 weeks plus one
series of facilitated support group counseling sessions.
   (2) Authorize a cash payment to the victim or derivative victim
equal to the pecuniary loss resulting from loss of wages pursuant to
Section 13965.1.
   (3) Authorize a cash payment to a derivative victim for loss of
support pursuant to Section 13965.1.
   (4) (A) Authorize a cash payment or reimbursement not to exceed
two thousand dollars ($2,000) to a victim of domestic violence for
expenses incurred in relocating, if the expenses are determined by
law enforcement to be necessary for the personal safety of the victim
or by a mental health treatment provider to be necessary for the
emotional well-being of the victim.  These expenses may include, but
need not be limited to, all of the following:
   (i) Deposits for utilities and telephone service.
   (ii) Deposits for rental housing, not to exceed the first and last
month's rent and a security deposit or two thousand dollars
($2,000), whichever is less.
   (iii) Temporary lodging and food expenses, not to exceed one
thousand dollars ($1,000).
   (iv) Clothing and other personal items, not to exceed five hundred
dollars ($500).
   (B) The board shall develop procedures to ensure that the victim
is using the cash payment only for the purposes of this paragraph.
The procedures may include, but need not be limited to, requiring
copies of receipts, lease agreements, or other documents as
requested, or developing a method for direct payment to the landlord
or vendor.
   (C) When a relocation payment or reimbursement is provided to a
victim of domestic violence, the victim shall agree to not inform the
offender of the location of the victim's new residence and to not
allow the offender on the premises at any time, or shall agree to
seek a restraining order against the offender.
   (D) The board may authorize a cash payment or reimbursement
pursuant to this paragraph to victims of crimes other than domestic
violence if the expenses are determined by law enforcement to be
necessary for the personal safety of the victim or by a mental health
treatment provider to be necessary for the emotional well-being of
the victim.
   (E) The cash payment or reimbursement made under this paragraph
shall only be awarded once to any victim, except that the board may,
under compelling circumstances, award a second cash payment or
reimbursement to the same victim if both of the following conditions
are met:
   (i) The crime or series of crimes occurs more than three years
from the date of the crime giving rise to the initial relocation cash
payment or reimbursement.
   (ii) The crime does not involve the same perpetrator.
   (5) Authorize cash payments to or on behalf of the victim for job
retraining or similar employment-oriented rehabilitative services.
   (6) (A) In the case of a victim of a crime that occurred in the
victim's residence, authorize reimbursement for the expense for
installing or increasing residential security, not to exceed one
thousand dollars ($1,000).  Installing or increasing residential
security may include, but need not be limited to, both of the
following:
   (i) Home security device or system.
   (ii) Replacing or increasing the number of locks.
   (B) Reimbursement under this paragraph shall be made upon
verification by law enforcement to be necessary for the personal
safety of the victim or by a mental health treatment provider to be
necessary for the emotional well-being of the victim.
   (C) The board shall develop procedures to ensure that the victim
is using the reimbursement only for the purposes of this paragraph.
The procedures may include, but need not be limited to, requiring
copies of receipts, invoices, estimates, or other documents, or
developing a method for direct payment to the vendor.
   (7) (A) In the case of a victim who is permanently disabled as a
direct result of the crime, whether the disability is partial or
total, authorize a reimbursement for the expense of renovating or
retrofitting his or her residence or a vehicle, or both, to make the
residence, the vehicle, or both, accessible or the vehicle
operational by the victim.  Reimbursement shall be made upon
verification that the expense is medically necessary.
   (B) The board shall develop procedures to ensure that
reimbursement is made only for the purposes of this paragraph.  The
procedures may include, but need not be limited to, requiring copies
of receipts, invoices, estimates, or other documents, or developing a
method for direct payment to the vendor.
   (8) Obtain an independent examination and report from any provider
of psychological or psychiatric treatment or mental health
counseling services, if it believes there is a reasonable basis for
requesting an additional evaluation.  In cases where the crime
involves sexual assault, the provider shall have expertise in the
needs of sexual assault victims.  In cases where the crime involves
child abuse or molestation, the provider shall have expertise in the
needs of victims of child abuse or molestation, as appropriate.  When
a reevaluation is obtained, payments shall not be discontinued prior
to completion of the reevaluation.
   (9) When a victim dies as a direct result of a crime, the board
may reimburse any individual who voluntarily, and without
anticipation of personal gain, pays or assumes the obligation to pay,
the medical or burial expenses incurred as a direct result of the
crime for the medical or burial expenses incurred in an amount not to
exceed the rates or limitations established by the board.
   (10) The total award to or on behalf of the victim or a derivative
victim shall not exceed thirty-five thousand dollars ($35,000), and
may be increased only in accordance with this section.
   (11) If the victim requests that the board give priority to
reimbursement of loss of wages, the board shall not pay medical
expenses or mental health counseling expenses except upon the request
of the victim or after determining that payment of these expenses
will not decrease the funds available to the victim for payment of
loss of wages.
   (12) The board may authorize a direct cash payment to a provider
of services that are reimbursable pursuant to this article.  However,
the board may not, without good cause, authorize a direct cash
payment to a provider over the objection of the victim or applicant.

   (13) When a victim dies as a result of a crime and the crime
occurs in a residence, the board may reimburse any individual who
voluntarily, and without anticipation of personal gain, pays or
assumes the obligation to pay, the reasonable costs to clean the
scene of the crime in an amount not to exceed one thousand dollars
($1,000).  Services reimbursed pursuant to this subdivision shall be
performed by persons registered with the State Department of Health
Services as trauma scene waste practitioners in accordance with
Chapter 9.5 (commencing with Section 118321) of Part 14 of Division
104 of the Health and Safety Code.
   (b) Assistance granted pursuant to this article shall not
disqualify an otherwise eligible victim or derivative victim from
participation in any other public assistance program.
   (c) Cash payments made pursuant to this article may be on a
one-time or periodic basis.  If periodic, the board may increase,
reduce, or terminate the amount of assistance according to the victim'
s or derivative victim's need, subject to the maximum limits provided
in this section.
   (d) The board shall pay attorney's fees representing the
reasonable value of legal services rendered to the applicant, in an
amount equal to 10 percent of the amount of the award, or five
hundred dollars ($500), whichever is less for each victim and each
derivative victim.  An attorney receiving fees from another source
may waive the right to receive fees under this section.  Payments
under this section shall be in addition to any amount authorized or
ordered under subdivision (d) of Section 13969.1.
   (e) No attorney shall charge, demand, receive, or collect any
amount for services rendered in connection with any proceedings under
this article except as awarded under this article.
   (f) The maximum cash payments authorized in paragraph (10) of
subdivision (a) shall be increased to seventy thousand dollars
($70,000) if federal funds for those increases are available.
   (g) Notwithstanding subdivisions (a) and (f), a victim injured
between January 1, 1985, and December 31, 1985, shall be entitled to
receive a maximum cash payment of forty-six thousand dollars
($46,000) if federal funds for these increases are available, but
only for costs in excess of limitations provided for in subdivision
(a) which are attributable to medical or medical-related expenses,
except for psychological or psychiatric treatment, or mental health
counseling services.
   (h) Notwithstanding any conflicting provision of this chapter, the
board may make additional payments for purposes described in
paragraph (1) of subdivision (a) to any victim who filed an
application with the board on or after December 1, 1982, who was a
victim of a crime involving sexual assault, and who is a minor at the
time the additional payments pursuant to this subdivision are made.
The payments authorized by this subdivision shall not exceed the
limits imposed by subdivisions (a) and (j).
   (i) Reimbursement for any medical or medical-related services
shall, if the victim's application has been approved, be paid by the
board within an average of 90 days from receipt of the claim for
payment.  Payments to a medical or mental health provider under this
subdivision or paragraph (1) of subdivision (a) shall not be
discontinued prior to completion of any reevaluation.  Whether or not
a reevaluation is obtained, if the board determines that payments to
a provider shall be discontinued, the board shall notify the
provider of their discontinuance within 30 days of its determination.

   (j) (1) The board may establish maximum rates and service
limitations for reimbursement of medical and medical-related
expenses, including counseling expenses, for which restitution is
requested pursuant to this section.  For mental health and counseling
services, rates shall not exceed the statewide average.  The
adoption, amendment, and repeal of these maximum rates shall not be
subject to the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1).  An informational copy of the maximum
rates shall be filed with the Secretary of State upon adoption by
the board.  A provider who accepts payment from the program for a
service shall accept the program's rates as payment in full and shall
not accept any payment on account of the service from any other
source if the total of payments accepted would exceed the maximum
rate set by the board for that service.
   (2) To assure service limitations that are uniform and appropriate
to the levels of treatment required by the victim or derivative
victim, the board may review all claims for these services as
necessary to ensure their medical necessity.  The board may further
require additional documentation, information, or medical review of
cases of continuing treatment which are projected to exceed five
thousand dollars ($5,000) to determine the need to continue treatment
in excess of that amount.  The board may accept or reject claims for
the amount in excess of five thousand dollars ($5,000) by applying
the same standards applicable to processing the initial claim or may
approve a continuing treatment regimen for a specific interval or
subject to periodic review as appropriate.  All information requested
of the treating therapist shall be provided at no cost to the
applicant, the board, or to local victim centers, pursuant to
subdivision (b) of Section 13962.  Requests for additional
information shall be made in a timely manner so as not to interfere
with necessary treatment.
   (k) The authority provided by this section shall not be construed
to in any way diminish, enhance, or otherwise affect any authority
that the board may have under current law except as explicitly
provided in this section.
   (l) The board, in its discretion, may make payments directly to
providers prior to verification.
   (m) Notwithstanding paragraph (1) of subdivision (a), the board
may reimburse a victim or derivative victim for mental health
counseling in excess of that authorized by that paragraph if the
claim is based on dire or exceptional circumstances that require more
extensive treatment, as approved by the board.
   (n) Notwithstanding paragraph (1) of subdivision (a), if, as of
December 31, 1993, a person has incurred mental health counseling
expenses pursuant to this article in excess of one-half of the amount
specified in that subdivision, the board may award, in addition to
amounts awarded for previously incurred expenses, an amount equal to
not more than one-half of the applicable maximum amount specified in
that paragraph or any additional amounts as the board determines is
necessary.
   (o) The total award to or on behalf of a victim of a crime
committed in violation of subdivision (d) of Section 261.5 of the
Penal Code shall not exceed three thousand dollars ($3,000) for
mental health counseling expenses only.
   (p) This section shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2004, deletes or extends
that date.
  SEC. 10.5.  Section 13965 of the Government Code, as amended by
Section 5 of Chapter 1016 of the Statutes of 2000, is amended to
read:
   13965.  (a) If the application for assistance is approved, the
board shall determine what type of state assistance will best aid the
victim or derivative victim.  The board may take any or all of the
following                                            actions:
   (1) Reimburse the following persons for the expense of their
outpatient mental health counseling when that mental health
counseling is necessary as a direct result of the crime:
   (A) A victim in an amount not to exceed ten thousand dollars
($10,000).
   (B) A derivative victim who is the surviving parent, sibling,
child, spouse, or fiance of a victim of a crime which directly
resulted in the death of the victim in an amount not to exceed ten
thousand dollars ($10,000).
   (C) A derivative victim, as defined in subparagraph (A), (B), (C),
or (D) of paragraph (2) of subdivision (a) of Section 13960, who is
the primary caretaker of a minor victim of sexual or physical abuse
whose claim is not denied or reduced pursuant to subdivision (b) or
(d) of Section 13964 in a total amount not to exceed ten thousand
dollars ($10,000) for not more than two derivative victims described
in this subparagraph.
   (D) A derivative victim not eligible for reimbursement pursuant to
subparagraph (B) or (C) in an amount not to exceed three thousand
dollars ($3,000), provided that mental health counseling of a
derivative victim under subparagraph (E) of paragraph (2) of
subdivision (a) of Section 13960 shall be reimbursed only if that
counseling is necessary for the treatment of the victim.
   (E) A victim of a crime committed in violation of subdivision (d)
of Section 261.5 of the Penal Code in an amount not to exceed three
thousand dollars ($3,000) for mental health counseling expenses only.
  A derivative victim of a crime committed in violation of
subdivision (d) of Section 261.5 of the Penal Code shall not be
eligible for reimbursement of mental health counseling expenses.
   The board may authorize a direct cash payment to a provider of
psychological or psychiatric treatment or mental health counseling
services, including peer counseling services provided by a rape
crisis center as defined by Section 13837 of the Penal Code or to
either the victim or the derivative victim, equal to the pecuniary
loss attributable to medical or medical-related expenses, including
counseling, directly resulting from the injury. Reimbursement on the
initial claim for any psychological, psychiatric, or mental health
counseling services, including peer counseling services provided by a
rape crisis center, shall, if the application has been approved, be
paid by the board within 90 days of the date of receipt of the claim
for payment, with subsequent payments to be made to the provider
within one month of the receipt of a claim for payment.  However, the
board may not authorize without good cause a direct cash payment to
a licensed health care provider or rape crisis center over the
objection of the applicant.
   When a public agency, including a court or district attorney or a
police, county child protective services, or other state or local
governmental agency, refers a victim of crime to a private nonprofit
agency for treatment for that victim, the private nonprofit agency
shall be reimbursed for those services at the level of the normal and
customary fee charged by the private nonprofit agency to clients
with adequate means of payment for its services, except that this
reimbursement shall not exceed the maximum reimbursement rates set by
the board and may be made only to the extent that the victim
otherwise qualifies for services under the victims of crime program
and that other reimbursement or direct subsidies are not available to
serve the victim.
   Payments authorized pursuant to this paragraph for peer counseling
services provided by a rape crisis center shall not exceed fifteen
dollars ($15) for each hour of services provided.  Those services
shall be limited to individual, in-person counseling on a
face-to-face basis for a period not to exceed 10 weeks plus one
series of facilitated support group counseling sessions.
   (2) Authorize a cash payment to the victim or derivative victim
equal to the pecuniary loss resulting from loss of wages pursuant to
Section 13965.1.
   (3) Authorize a cash payment to a derivative victim for loss of
support pursuant to Section 13965.1.
   (4) (A) Authorize a cash payment or reimbursement not to exceed
two thousand dollars ($2,000) to a victim of sexual assault or
domestic violence for expenses incurred in relocating, if the
expenses are determined by law enforcement to be necessary for the
personal safety of the victim or by a mental health treatment
provider to be necessary for the emotional well-being of the victim.
These expenses may include, but need not be limited to, all of the
following:
   (i) Deposits for utilities and telephone service.
   (ii) Deposits for rental housing, not to exceed the first and last
month's rent and a security deposit or two thousand dollars
($2,000), whichever is less.
   (iii) Temporary lodging and food expenses, not to exceed one
thousand dollars ($1,000).
   (iv) Clothing and other personal items, not to exceed five hundred
dollars ($500).
   (B) The board shall develop procedures to ensure that the victim
is using the cash payment only for the purposes of this paragraph.
The procedures may include, but need not be limited to, requiring
copies of receipts, lease agreements, or other documents as
requested, or developing a method for direct payment to the landlord
or vendor.
   (C) When a relocation payment or reimbursement is provided to a
victim of sexual assault or domestic violence, the victim shall agree
to not inform the offender, if the identity of the offender is known
to the victim, of the location of the victim's new residence and to
not allow the offender, if the identity of the offender is known to
the victim, on the premises at any time, or shall agree to seek a
restraining order against the offender, if the identity of the
offender is known to the victim.
   (D) The board may authorize a cash payment or reimbursement
pursuant to this paragraph to victims of crimes other than domestic
violence if the expenses are determined by law enforcement to be
necessary for the personal safety of the victim or by a mental health
treatment provider to be necessary for the emotional well-being of
the victim.
   (E) The cash payment or reimbursement made under this paragraph
shall only be awarded once to any victim, except that the board may,
under compelling circumstances, award a second cash payment or
reimbursement to the same victim if both of the following conditions
are met:
   (i) The crime or series of crimes occurs more than three years
from the date of the crime giving rise to the initial relocation cash
payment or reimbursement.
   (ii) The crime does not involve the same perpetrator.
   (5) Authorize cash payments to or on behalf of the victim for job
retraining or similar employment-oriented rehabilitative services.
   (6) (A) In the case of a victim of a crime that occurred in the
victim's residence, authorize reimbursement for the expense for
installing or increasing residential security, not to exceed one
thousand dollars ($1,000).  Installing or increasing residential
security may include, but need not be limited to, both of the
following:
   (i) Home security device or system.
   (ii) Replacing or increasing the number of locks.
   (B) Reimbursement under this paragraph shall be made upon
verification by law enforcement to be necessary for the personal
safety of the victim or by a mental health treatment provider to be
necessary for the emotional well-being of the victim.
   (C) The board shall develop procedures to ensure that the victim
is using the reimbursement only for the purposes of this paragraph.
The procedures may include, but need not be limited to, requiring
copies of receipts, invoices, estimates, or other documents, or
developing a method for direct payment to the vendor.
   (7) (A) In the case of a victim who is permanently disabled as a
direct result of the crime, whether the disability is partial or
total, authorize a reimbursement for the expense of renovating or
retrofitting his or her residence or a vehicle, or both, to make the
residence, the vehicle, or both, accessible or the vehicle
operational by the victim.  Reimbursement shall be made upon
verification that the expense is medically necessary.
   (B) The board shall develop procedures to ensure that
reimbursement is made only for the purposes of this paragraph.  The
procedures may include, but need not be limited to, requiring copies
of receipts, invoices, estimates, or other documents, or developing a
method for direct payment to the vendor.
   (8) Obtain an independent examination and report from any provider
of psychological or psychiatric treatment or mental health
counseling services, if it believes there is a reasonable basis for
requesting an additional evaluation.  In cases where the crime
involves sexual assault, the provider shall have expertise in the
needs of sexual assault victims.  In cases where the crime involves
child abuse or molestation, the provider shall have expertise in the
needs of victims of child abuse or molestation, as appropriate.  When
a reevaluation is obtained, payments shall not be discontinued prior
to completion of the reevaluation.
   (9) When a victim dies as a direct result of a crime, the board
may reimburse any individual who voluntarily, and without
anticipation of personal gain, pays or assumes the obligation to pay,
the medical or burial expenses incurred as a direct result of the
crime for the medical or burial expenses incurred in an amount not to
exceed the rates or limitations established by the board.
   (10) The total award to or on behalf of the victim or a derivative
victim shall not exceed thirty-five thousand dollars ($35,000), and
may be increased only in accordance with this section.
   (11) If the victim requests that the board give priority to
reimbursement of loss of wages, the board shall not pay medical
expenses or mental health counseling expenses except upon the request
of the victim or after determining that payment of these expenses
will not decrease the funds available to the victim for payment of
loss of wages.
   (12) The board may authorize a direct cash payment to a provider
of services that are reimbursable pursuant to this article.  However,
the board may not, without good cause, authorize a direct cash
payment to a provider over the objection of the victim or applicant.

   (13) When a victim dies as a result of a crime and the crime
occurs in a residence, the board may reimburse any individual who
voluntarily, and without anticipation of personal gain, pays or
assumes the obligation to pay the reasonable costs to clean the scene
of the crime in an amount not to exceed one thousand dollars
($1,000).  Services reimbursed pursuant to this subdivision shall be
performed by persons registered with the State Department of Health
Services as trauma scene waste practitioners in accordance with
Chapter 9.5 (commencing with Section 118321) of Part 14 of Division
104 of the Health and Safety Code.
   (b) Assistance granted pursuant to this article shall not
disqualify an otherwise eligible victim or derivative victim from
participation in any other public assistance program.
   (c) Cash payments made pursuant to this article may be on a
one-time or periodic basis.  If periodic, the board may increase,
reduce, or terminate the amount of assistance according to the victim'
s or derivative victim's need, subject to the maximum limits provided
in this section.
   (d) The board shall pay attorney's fees representing the
reasonable value of legal services rendered to the applicant, in an
amount equal to 10 percent of the amount of the award, or five
hundred dollars ($500), whichever is less for each victim and each
derivative victim.  An attorney receiving fees from another source
may waive the right to receive fees under this section.  Payments
under this section shall be in addition to any amount authorized or
ordered under subdivision (d) of Section 13969.1.
   (e) No attorney shall charge, demand, receive, or collect any
amount for services rendered in connection with any proceedings under
this article except as awarded under this article.
   (f) The maximum cash payments authorized in paragraph (10) of
subdivision (a) shall be increased to seventy thousand dollars
($70,000) if federal funds for those increases are available.
   (g) Notwithstanding subdivisions (a) and (f), a victim injured
between January 1, 1985, and December 31, 1985, shall be entitled to
receive a maximum cash payment of forty-six thousand dollars
($46,000) if federal funds for these increases are available, but
only for costs in excess of limitations provided for in subdivision
(a) which are attributable to medical or medical-related expenses,
except for psychological or psychiatric treatment, or mental health
counseling services.
   (h) Notwithstanding any conflicting provision of this chapter, the
board may make additional payments for purposes described in
paragraph (1) of subdivision (a) to any victim who filed an
application with the board on or after December 1, 1982, who was a
victim of a crime involving sexual assault, and who is a minor at the
time the additional payments pursuant to this subdivision are made.
The payments authorized by this subdivision shall not exceed the
limits imposed by subdivisions (a) and (j).
   (i) Reimbursement for any medical or medical-related services
shall, if the victim's application has been approved, be paid by the
board within an average of 90 days from receipt of the claim for
payment.  Payments to a medical or mental health provider under this
subdivision or paragraph (1) of subdivision (a) shall not be
discontinued prior to completion of any reevaluation.  Whether or not
a reevaluation is obtained, if the board determines that payments to
a provider shall be discontinued, the board shall notify the
provider of their discontinuance within 30 days of its determination.

   (j) (1) The board may establish maximum rates and service
limitations for reimbursement of medical and medical-related
expenses, including counseling expenses, for which restitution is
requested pursuant to this section.  For mental health and counseling
services, rates shall not exceed the statewide average.  The
adoption, amendment, and repeal of these maximum rates shall not be
subject to the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1).  An informational copy of the maximum
rates shall be filed with the Secretary of State upon adoption by
the board.  A provider who accepts payment from the program for a
service shall accept the program's rates as payment in full and shall
not accept any payment on account of the service from any other
source if the total of payments accepted would exceed the maximum
rate set by the board for that service.
   (2) To assure service limitations that are uniform and appropriate
to the levels of treatment required by the victim or derivative
victim, the board may review all claims for these services as
necessary to ensure their medical necessity.  The board may further
require additional documentation, information, or medical review of
cases of continuing treatment which are projected to exceed five
thousand dollars ($5,000) to determine the need to continue treatment
in excess of that amount.  The board may accept or reject claims for
the amount in excess of five thousand dollars ($5,000) by applying
the same standards applicable to processing the initial claim or may
approve a continuing treatment regimen for a specific interval or
subject to periodic review as appropriate.  All information requested
of the treating therapist shall be provided at no cost to the
applicant, the board, or to local victim centers, pursuant to
subdivision (b) of Section 13962.  Requests for additional
information shall be made in a timely manner so as not to interfere
with necessary treatment.
   (k) The authority provided by this section shall not be construed
to in any way diminish, enhance, or otherwise affect any authority
that the board may have under current law except as explicitly
provided in this section.
   (l) The board, in its discretion, may make payments directly to
providers prior to verification.
   (m) Notwithstanding paragraph (1) of subdivision (a), the board
may reimburse a victim or derivative victim for mental health
counseling in excess of that authorized by that paragraph if the
claim is based on dire or exceptional circumstances that require more
extensive treatment, as approved by the board.
   (n) Notwithstanding paragraph (1) of subdivision (a), if, as of
December 31, 1993, a person has incurred mental health counseling
expenses pursuant to this article in excess of one-half of the amount
specified in that subdivision, the board may award, in addition to
amounts awarded for previously incurred expenses, an amount equal to
not more than one-half of the applicable maximum amount specified in
that paragraph or any additional amounts as the board determines is
necessary.
   (o) The total award to or on behalf of a victim of a crime
committed in violation of subdivision (d) of Section 261.5 of the
Penal Code shall not exceed three thousand dollars ($3,000) for
mental health counseling expenses only.
   (p) This section shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2004, deletes or extends
that date.
  SEC. 11.  Section 13965 of the Government Code, as amended by
Section 6 of Chapter 1016 of the Statutes of 2000, is amended to
read:
   13965.  (a) If the application for assistance is approved, the
board shall determine what type of state assistance will best aid the
victim or derivative victim.  The board may take any or all of the
following actions:
   (1) Reimburse the following persons for the expense of their
outpatient mental health counseling when that mental health
counseling is necessary as a direct result of the crime:
   (A) A victim in an amount not to exceed ten thousand dollars
($10,000).
   (B) A derivative victim who is the surviving parent, sibling,
child, spouse, or fiance of a victim of a crime which directly
resulted in the death of the victim in an amount not to exceed ten
thousand dollars ($10,000).
   (C) A derivative victim who is the primary caretaker of a minor
victim of sexual or physical abuse whose claim is not denied or
reduced pursuant to subdivision (b) or (d) of Section 13964 in a
total amount not to exceed ten thousand dollars ($10,000) for not
more than two derivative victims described in this subparagraph.
   (D) A derivative victim not eligible for reimbursement pursuant to
subparagraph (B) or (C) in an amount not to exceed three thousand
dollars ($3,000).
   The board may authorize a direct cash payment to a provider of
psychological or psychiatric treatment or mental health counseling
services, including peer counseling services provided by a rape
crisis center as defined by Section 13837 of the Penal Code or to
either the victim or the derivative victim, equal to the pecuniary
loss attributable to medical or medical-related expenses, including
counseling, directly resulting from the injury.  Reimbursement on the
initial claim for any psychological, psychiatric, or mental health
counseling services, including peer counseling services provided by a
rape crisis center, shall, if the application has been approved, be
paid by the board within 90 days of the date of receipt of the claim
for payment, with subsequent payments to be made to the provider
within one month of the receipt of a claim for payment.  However, the
board may not authorize without good cause a direct cash payment to
a licensed health care provider or rape crisis center over the
objection of the applicant.
   When a public agency, including a court or district attorney or a
police, county child protective services, or other state or local
governmental agency, refers a victim of crime to a private nonprofit
agency for treatment for that victim, the private nonprofit agency
shall be reimbursed for those services at the level of the normal and
customary fee charged by the private nonprofit agency to clients
with adequate means of payment for its services, except that this
reimbursement shall not exceed the maximum reimbursement rates set by
the board and may be made only to the extent that the victim
otherwise qualifies for services under the victims of crime program
and that other reimbursement or direct subsidies are not available to
serve the victim.
   Payments authorized pursuant to this paragraph for peer counseling
services provided by a rape counseling center shall not exceed
fifteen dollars ($15) for each hour of services provided.  Those
services shall be limited to individual, in-person counseling on a
face-to-face basis for a period not to exceed 10 weeks plus one
series of facilitated support group counseling sessions.
   (2) Authorize a cash payment to the victim or derivative victim
equal to the pecuniary loss resulting from loss of wages pursuant to
Section 13965.1.
   (3) Authorize a cash payment to a derivative victim for loss of
support pursuant to Section 13965.1.
   (4) (A) Authorize a cash payment or reimbursement not to exceed
two thousand dollars ($2,000) to a victim of domestic violence for
expenses incurred in relocating, if the expenses are determined by
law enforcement to be necessary for the personal safety of the victim
or by a mental health treatment provider to be necessary for the
emotional well-being of the victim. These expenses may include, but
need not be limited to, all of the following:
   (i) Deposits for utilities and telephone service.
   (ii) Deposits for rental housing, not to exceed the first and last
month's rent and a security deposit or two thousand dollars
($2,000), whichever is less.
   (iii) Temporary lodging and food expenses, not to exceed one
thousand dollars ($1,000).
   (iv) Clothing and other personal items, not to exceed five hundred
dollars ($500).
   (B) The board shall develop procedures to ensure that the victim
is using the cash payment only for the purposes of this paragraph.
The procedures may include, but need not be limited to, requiring
copies of receipts, lease agreements, or other documents as
requested, or developing a method of direct payment to the landlord
or vendor.
   (C) When a relocation payment or reimbursement is provided to a
victim of domestic violence, the victim shall agree to not inform the
offender of the location of the victim's new residence and to not
allow the offender on the premises at any time, or shall agree to
seek a restraining order against the offender.
   (D) The board may authorize a cash payment or reimbursement
pursuant to this paragraph to victims of crimes other than domestic
violence if the expenses are determined by law enforcement to be
necessary for the personal safety of the victim or by a mental health
treatment provider to be necessary for the emotional well-being of
the victim.
   (E) The cash payment or reimbursement made under this paragraph
shall only be awarded once to any victim, except that the board may,
under compelling circumstances, award a second cash payment or
reimbursement to the same victim if both of the following conditions
are met:
   (i) The crime or series of crimes occurs more than three years
from the date of the crime giving rise to the initial relocation cash
payment or reimbursement.
   (ii) The crime does not involve the same perpetrator.
   (5) Authorize cash payments to or on behalf of the victim for job
retraining or similar employment-oriented rehabilitative services.
   (6) (A) In the case of a victim of a crime that occurred in the
victim's residence, authorize reimbursement for the expense for
installing or increasing residential security, not to exceed one
thousand dollars ($1,000).  Installing or increasing residential
security may include, but need not be limited to, both of the
following:
   (i) Home security device or system.
   (ii) Replacing or increasing the number of locks.
   (B) Reimbursement under this paragraph shall be made upon
verification by law enforcement to be necessary for the personal
safety of the victim or by a mental health treatment provider to be
necessary for the emotional well-being of the victim.
   (C) The board shall develop procedures to ensure that the victim
is using the reimbursement only for the purposes of this paragraph.
The procedures may include, but need not be limited to, requiring
copies of receipts, invoices, estimates, or other documents, or
developing a method for direct payment to the vendor.
   (7) (A) In the case of a victim who is permanently disabled as a
direct result of the crime, whether the disability is partial or
total, authorize reimbursement for the expense of renovating or
retrofitting his or her residence or a vehicle, or both, to make the
residence, the vehicle, or both, accessible or the vehicle
operational by the victim.  Reimbursement shall be made upon
verification that the expense is medically necessary.
   (B) The board shall develop procedures to ensure that
reimbursement is made only for the purposes of this paragraph.  The
procedures may include, but need not be limited to, requiring copies
of receipts, invoices, estimates, or other documents, or developing a
method for direct payment to the vendor.
   (8) Obtain an independent examination and report from any provider
of psychological or psychiatric treatment or mental health
counseling services, if it believes there is a reasonable basis for
requesting an additional evaluation.  In cases where the crime
involves sexual assault, the provider shall have expertise in the
needs of sexual assault victims.  In cases where the crime involves
child abuse or molestation, the provider shall have expertise in the
needs of victims of child abuse or molestation, as appropriate.  When
a reevaluation is obtained, payments shall not be discontinued prior
to completion of the reevaluation.
   (9) When a victim dies as a direct result of a crime, the board
may reimburse any individual who voluntarily, and without
anticipation of personal gain, pays or assumes the obligation to pay,
the medical or burial expenses incurred as a direct result of the
crime for the medical or burial expenses incurred in an amount not to
exceed the rates or limitations established by the board.
   (10) The total award to or on behalf of the victim or a derivative
victim shall not exceed thirty-five thousand dollars ($35,000), and
may be increased only in accordance with this section.
   (11) If the victim requests that the board give priority to
reimbursement of loss of wages, the board shall not pay medical
                                            expenses or mental health
counseling expenses except upon the request of the victim or after
determining that payment of these expenses will not decrease the
funds available to the victim for payment of loss of wages.
   (12) The board may authorize a direct cash payment to a provider
of services that are reimbursable pursuant to this article.  However,
the board may not, without good cause, authorize a direct cash
payment to a provider over the objection of the victim or applicant.

   (13) When a victim dies as a result of a crime and the crime
occurs in a residence, the board may reimburse any individual who
voluntarily, and without anticipation of personal gain, pays or
assumes the obligation to pay, the reasonable costs to clean the
scene of the crime in an amount not to exceed one thousand dollars
($1,000).  Services reimbursed pursuant to this subdivision shall be
performed by persons registered with the State Department of Health
Services as trauma scene waste practitioners in accordance with
Chapter 9.5 (commencing with Section 118321) of Part 14 of Division
104 of the Health and Safety Code.
   (b) Assistance granted pursuant to this article shall not
disqualify an otherwise eligible victim or derivative victim from
participation in any other public assistance program.
   (c) Cash payments made pursuant to this article may be on a
one-time or periodic basis.  If periodic, the board may increase,
reduce, or terminate the amount of assistance according to the victim'
s or derivative victim's need, subject to the maximum limits provided
in this section.
   (d) The board shall pay attorney's fees representing the
reasonable value of legal services rendered to the applicant, in an
amount equal to 10 percent of the amount of the award, or five
hundred dollars ($500), whichever is less for each victim and each
derivative victim.  An attorney receiving fees from another source
may waive the right to receive fees under this section.  Payments
under this section shall be in addition to any amount authorized or
ordered under subdivision (d) of Section 13969.1.
   (e) No attorney shall charge, demand, receive, or collect any
amount for services rendered in connection with any proceedings under
this article except as awarded under this article.
   (f) The maximum cash payments authorized in paragraph (10) of
subdivision (a) shall be increased to seventy thousand dollars
($70,000) if federal funds for those increases are available.
   (g) Notwithstanding subdivisions (a) and (f), a victim injured
between January 1, 1985, and December 31, 1985, shall be entitled to
receive a maximum cash payment of forty-six thousand dollars
($46,000) if federal funds for these increases are available, but
only for costs in excess of limitations provided for in subdivision
(a) which are attributable to medical or medical-related expenses,
except for psychological or psychiatric treatment, or mental health
counseling services.
   (h) Notwithstanding any conflicting provision of this chapter, the
board may make additional payments for purposes described in
paragraph (1) of subdivision (a) to any victim who filed an
application with the board on or after December 1, 1982, who was a
victim of a crime involving sexual assault, and who is a minor at the
time the additional payments pursuant to this subdivision are made.
The payments authorized by this subdivision shall not exceed the
limits imposed by subdivisions (a) and (j).
   (i) Reimbursement for any medical or medical-related services
shall, if the victim's application has been approved, be paid by the
board within an average of 90 days from receipt of the claim for
payment.  Payments to a medical or mental health provider under this
subdivision or paragraph (1) of subdivision (a) shall not be
discontinued prior to completion of any reevaluation.  Whether or not
a reevaluation is obtained, if the board determines that payments to
a provider shall be discontinued, the board shall notify the
provider of their discontinuance within 30 days of its determination.

   (j) (1) The board may establish maximum rates and service
limitations for reimbursement of medical and medical-related
expenses, including counseling expenses, for which restitution is
requested pursuant to this section.  For mental health and counseling
services, rates shall not exceed the statewide average.  The
adoption, amendment, and repeal of these maximum rates shall not be
subject to the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1).  An informational copy of the maximum
rates shall be filed with the Secretary of State upon adoption by
the board.  A provider who accepts payment from the program for a
service shall accept the program's rates as payment in full and shall
not accept any payment on account of the service from any other
source if the total of payments accepted would exceed the maximum
rate set by the board for that service.
   (2) To assure service limitations that are uniform and appropriate
to the levels of treatment required by the victim or derivative
victim, the board may review all claims for these services as
necessary to ensure their medical necessity.  The board may further
require additional documentation, information, or medical review of
cases of continuing treatment which are projected to exceed five
thousand dollars ($5,000) to determine the need to continue treatment
in excess of that amount.  The board may accept or reject claims for
the amount in excess of five thousand dollars ($5,000) by applying
the same standards applicable to processing the initial claim or may
approve a continuing treatment regimen for a specific interval or
subject to periodic review as appropriate.  All information requested
of the treating therapist shall be provided at no cost to the
applicant, the board, or to local victim centers, pursuant to
subdivision (b) of Section 13962.  Requests for additional
information shall be made in a timely manner so as not to interfere
with necessary treatment.
   (k) The authority provided by this section shall not be construed
to in any way diminish, enhance, or otherwise affect any authority
that the board may have under current law except as explicitly
provided in this section.
   (l) The board, in its discretion, may make payments directly to
providers prior to verification.
   (m) Notwithstanding paragraph (1) of subdivision (a), the board
may reimburse a victim or derivative victim for mental health
counseling in excess of that authorized by that paragraph if the
claim is based on dire or exceptional circumstances that require more
extensive treatment, as approved by the board.
   (n) Notwithstanding paragraph (1) of subdivision (a), if, as of
December 31, 1993, a person has incurred mental health counseling
expenses pursuant to this article in excess of one-half of the amount
specified in that subdivision, the board may award, in addition to
amounts awarded for previously incurred expenses, an amount equal to
not more than one-half of the applicable maximum amount specified in
that paragraph or any additional amounts as the board determines is
necessary.
   (o) This section shall become operative on January 1, 2004.
  SEC. 11.5.  Section 13965 of the Government Code, as amended by
Section 6 of Chapter 1016 of the Statutes of 2000, is amended to
read:
   13965.  (a) If the application for assistance is approved, the
board shall determine what type of state assistance will best aid the
victim or derivative victim.  The board may take any or all of the
following actions:
   (1) Reimburse the following persons for the expense of their
outpatient mental health counseling when that mental health
counseling is necessary as a direct result of the crime:
   (A) A victim in an amount not to exceed ten thousand dollars
($10,000).
   (B) A derivative victim who is the surviving parent, sibling,
child, spouse, or fiance of a victim of a crime which directly
resulted in the death of the victim in an amount not to exceed ten
thousand dollars ($10,000).
   (C) A derivative victim who is the primary caretaker of a minor
victim of sexual or physical abuse whose claim is not denied or
reduced pursuant to subdivision (b) or (d) of Section 13964 in a
total amount not to exceed ten thousand dollars ($10,000) for not
more than two derivative victims described in this subparagraph.
   (D) A derivative victim not eligible for reimbursement pursuant to
subparagraph (B) or (C) in an amount not to exceed three thousand
dollars ($3,000).
   The board may authorize a direct cash payment to a provider of
psychological or psychiatric treatment or mental health counseling
services, including peer counseling services provided by a rape
crisis center as defined by Section 13837 of the Penal Code or to
either the victim or the derivative victim, equal to the pecuniary
loss attributable to medical or medical-related expenses, including
counseling, directly resulting from the injury.  Reimbursement on the
initial claim for any psychological, psychiatric, or mental health
counseling services, including peer counseling services provided by a
rape crisis center, shall, if the application has been approved, be
paid by the board within 90 days of the date of receipt of the claim
for payment, with subsequent payments to be made to the provider
within one month of the receipt of a claim for payment.  However, the
board may not authorize without good cause a direct cash payment to
a licensed health care provider or rape crisis center over the
objection of the applicant.
   When a public agency, including a court or district attorney or a
police, county child protective services, or other state or local
governmental agency, refers a victim of crime to a private nonprofit
agency for treatment for that victim, the private nonprofit agency
shall be reimbursed for those services at the level of the normal and
customary fee charged by the private nonprofit agency to clients
with adequate means of payment for its services, except that this
reimbursement shall not exceed the maximum reimbursement rates set by
the board and may be made only to the extent that the victim
otherwise qualifies for services under the victims of crime program
and that other reimbursement or direct subsidies are not available to
serve the victim.
   Payments authorized pursuant to this paragraph for peer counseling
services provided by a rape counseling center shall not exceed
fifteen dollars ($15) for each hour of services provided.  Those
services shall be limited to individual, in-person counseling on a
face-to-face basis for a period not to exceed 10 weeks plus one
series of facilitated support group counseling sessions.
   (2) Authorize a cash payment to the victim or derivative victim
equal to the pecuniary loss resulting from loss of wages pursuant to
Section 13965.1.
   (3) Authorize a cash payment to a derivative victim for loss of
support pursuant to Section 13965.1.
   (4) (A) Authorize a cash payment or reimbursement not to exceed
two thousand dollars ($2,000) to a victim of sexual assault or
domestic violence for expenses incurred in relocating, if the
expenses are determined by law enforcement to be necessary for the
personal safety of the victim or by a mental health treatment
provider to be necessary for the emotional well-being of the victim.
These expenses may include, but need not be limited to, all of the
following:
   (i) Deposits for utilities and telephone service.
   (ii) Deposits for rental housing, not to exceed the first and last
month's rent and a security deposit or two thousand dollars
($2,000), whichever is less.
   (iii) Temporary lodging and food expenses, not to exceed one
thousand dollars ($1,000).
   (iv) Clothing and other personal items, not to exceed five hundred
dollars ($500).
   (B) The board shall develop procedures to ensure that the victim
is using the cash payment only for the purposes of this paragraph.
The procedures may include, but need not be limited to, requiring
copies of receipts, lease agreements, or other documents as
requested, or developing a method of direct payment to the landlord
or vendor.
   (C) When a relocation payment or reimbursement is provided to a
victim of sexual assault or domestic violence, the victim shall agree
to not inform the offender, if the identity of the offender is known
to the victim, of the location of the victim's new residence and to
not allow the offender, if the identity of the offender is known to
the victim, on the premises at any time, or shall agree to seek a
restraining order against the offender, if the identity of the
offender is known to the victim.
   (D) The board may authorize a cash payment or reimbursement
pursuant to this paragraph to victims of crimes other than domestic
violence if the expenses are determined by law enforcement to be
necessary for the personal safety of the victim or by a mental health
treatment provider to be necessary for the emotional well-being of
the victim.
   (E) The cash payment or reimbursement made under this paragraph
shall only be awarded once to any victim, except that the board may,
under compelling circumstances, award a second cash payment or
reimbursement to the same victim if both of the following conditions
are met:
   (i) The crime or series of crimes occurs more than three years
from the date of the crime giving rise to the initial relocation cash
payment or reimbursement.
   (ii) The crime does not involve the same perpetrator.
   (5) Authorize cash payments to or on behalf of the victim for job
retraining or similar employment-oriented rehabilitative services.
   (6) (A) In the case of a victim of a crime that occurred in the
victim's residence, authorize reimbursement for the expense for
installing or increasing residential security, not to exceed one
thousand dollars ($1,000).  Installing or increasing residential
security may include, but need not be limited to, both of the
following:
   (i) Home security device or system.
   (ii) Replacing or increasing the number of locks.
   (B) Reimbursement under this paragraph shall be made upon
verification by law enforcement to be necessary for the personal
safety of the victim or by a mental health treatment provider to be
necessary for the emotional well-being of the victim.
   (C) The board shall develop procedures to ensure that the victim
is using the reimbursement only for the purposes of this paragraph.
The procedures may include, but need not be limited to, requiring
copies of receipts, invoices, estimates, or other documents, or
developing a method for direct payment to the vendor.
   (7) (A) In the case of a victim who is permanently disabled as a
direct result of the crime, whether the disability is partial or
total, authorize reimbursement for the expense of renovating or
retrofitting his or her residence or a vehicle, or both, to make the
residence, the vehicle, or both, accessible or the vehicle
operational by the victim.  Reimbursement shall be made upon
verification that the expense is medically necessary.
   (B) The board shall develop procedures to ensure that
reimbursement is made only for the purposes of this paragraph.  The
procedures may include, but need not be limited to, requiring copies
of receipts, invoices, estimates, or other documents, or developing a
method for direct payment to the vendor.
   (8) Obtain an independent examination and report from any provider
of psychological or psychiatric treatment or mental health
counseling services, if it believes there is a reasonable basis for
requesting an additional evaluation.  In cases where the crime
involves sexual assault, the provider shall have expertise in the
needs of sexual assault victims.  In cases where the crime involves
child abuse or molestation, the provider shall have expertise in the
needs of victims of child abuse or molestation, as appropriate.  When
a reevaluation is obtained, payments shall not be discontinued prior
to completion of the reevaluation.
   (9) When a victim dies as a direct result of a crime, the board
may reimburse any individual who voluntarily, and without
anticipation of personal gain, pays or assumes the obligation to pay,
the medical or burial expenses incurred as a direct result of the
crime for the medical or burial expenses incurred in an amount not to
exceed the rates or limitations established by the board.
   (10) The total award to or on behalf of the victim or a derivative
victim shall not exceed thirty-five thousand dollars ($35,000), and
may be increased only in accordance with this section.
   (11) If the victim requests that the board give priority to
reimbursement of loss of wages, the board shall not pay medical
expenses or mental health counseling expenses except upon the request
of the victim or after determining that payment of these expenses
will not decrease the funds available to the victim for payment of
loss of wages.
   (12) The board may authorize a direct cash payment to a provider
of services that are reimbursable pursuant to this article.  However,
the board may not, without good cause, authorize a direct cash
payment to a provider over the objection of the victim or applicant.

   (13) When a victim dies as a result of a crime and the crime
occurs in a residence, the board may reimburse any individual who
voluntarily, and without anticipation of personal gain, pays or
assumes the obligation to pay the reasonable costs to clean the scene
of the crime in an amount not to exceed one thousand dollars
($1,000).  Services reimbursed pursuant to this subdivision shall be
performed by persons registered with the State Department of Health
Services as trauma scene waste practitioners in accordance with
Chapter 9.5 (commencing with Section 118321) of Part 14 of Division
104 of the Health and Safety Code.
   (b) Assistance granted pursuant to this article shall not
disqualify an otherwise eligible victim or derivative victim from
participation in any other public assistance program.
   (c) Cash payments made pursuant to this article may be on a
one-time or periodic basis.  If periodic, the board may increase,
reduce, or terminate the amount of assistance according to the victim'
s or derivative victim's need, subject to the maximum limits provided
in this section.
   (d) The board shall pay attorney's fees representing the
reasonable value of legal services rendered to the applicant, in an
amount equal to 10 percent of the amount of the award, or five
hundred dollars ($500), whichever is less for each victim and each
derivative victim.  An attorney receiving fees from another source
may waive the right to receive fees under this section.  Payments
under this section shall be in addition to any amount authorized or
ordered under subdivision (d) of Section 13969.1.
   (e) No attorney shall charge, demand, receive, or collect any
amount for services rendered in connection with any proceedings under
this article except as awarded under this article.
   (f) The maximum cash payments authorized in paragraph (10) of
subdivision (a) shall be increased to seventy thousand dollars
($70,000) if federal funds for those increases are available.
   (g) Notwithstanding subdivisions (a) and (f), a victim injured
between January 1, 1985, and December 31, 1985, shall be entitled to
receive a maximum cash payment of forty-six thousand dollars
($46,000) if federal funds for these increases are available, but
only for costs in excess of limitations provided for in subdivision
(a) which are attributable to medical or medical-related expenses,
except for psychological or psychiatric treatment, or mental health
counseling services.
   (h) Notwithstanding any conflicting provision of this chapter, the
board may make additional payments for purposes described in
paragraph (1) of subdivision (a) to any victim who filed an
application with the board on or after December 1, 1982, who was a
victim of a crime involving sexual assault, and who is a minor at the
time the additional payments pursuant to this subdivision are made.
The payments authorized by this subdivision shall not exceed the
limits imposed by subdivisions (a) and (j).
   (i) Reimbursement for any medical or medical-related services
shall, if the victim's application has been approved, be paid by the
board within an average of 90 days from receipt of the claim for
payment.  Payments to a medical or mental health provider under this
subdivision or paragraph (1) of subdivision (a) shall not be
discontinued prior to completion of any reevaluation.  Whether or not
a reevaluation is obtained, if the board determines that payments to
a provider shall be discontinued, the board shall notify the
provider of their discontinuance within 30 days of its determination.

   (j) (1) The board may establish maximum rates and service
limitations for reimbursement of medical and medical-related
expenses, including counseling expenses, for which restitution is
requested pursuant to this section.  For mental health and counseling
services, rates shall not exceed the statewide average.  The
adoption, amendment, and repeal of these maximum rates shall not be
subject to the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1).  An informational copy of the maximum
rates shall be filed with the Secretary of State upon adoption by
the board.  A provider who accepts payment from the program for a
service shall accept the program's rates as payment in full and shall
not accept any payment on account of the service from any other
source if the total of payments accepted would exceed the maximum
rate set by the board for that service.
   (2) To assure service limitations that are uniform and appropriate
to the levels of treatment required by the victim or derivative
victim, the board may review all claims for these services as
necessary to ensure their medical necessity.  The board may further
require additional documentation, information, or medical review of
cases of continuing treatment which are projected to exceed five
thousand dollars ($5,000) to determine the need to continue treatment
in excess of that amount.  The board may accept or reject claims for
the amount in excess of five thousand dollars ($5,000) by applying
the same standards applicable to processing the initial claim or may
approve a continuing treatment regimen for a specific interval or
subject to periodic review as appropriate.  All information requested
of the treating therapist shall be provided at no cost to the
applicant, the board, or to local victim centers, pursuant to
subdivision (b) of Section 13962.  Requests for additional
information shall be made in a timely manner so as not to interfere
with necessary treatment.
   (k) The authority provided by this section shall not be construed
to in any way diminish, enhance, or otherwise affect any authority
that the board may have under current law except as explicitly
provided in this section.
   (l) The board, in its discretion, may make payments directly to
providers prior to verification.
   (m) Notwithstanding paragraph (1) of subdivision (a), the board
may reimburse a victim or derivative victim for mental health
counseling in excess of that authorized by that paragraph if the
claim is based on dire or exceptional circumstances that require more
extensive treatment, as approved by the board.
   (n) Notwithstanding paragraph (1) of subdivision (a), if, as of
December 31, 1993, a person has incurred mental health counseling
expenses pursuant to this article in excess of one-half of the amount
specified in that subdivision, the board may award, in addition to
amounts awarded for previously incurred expenses, an amount equal to
not more than one-half of the applicable maximum amount specified in
that paragraph or any additional amounts as the board determines is
necessary.
   (o) This section shall become operative on January 1, 2004.
  SEC. 12.  Section 13965.5 of the Government Code is amended to
read:
   13965.5.  (a) Except as provided in subdivision (b), no
reimbursement shall be made for any expense that is submitted more
than three years after it is incurred by the victim or derivative
victim.
   (b) Notwithstanding subdivision (a), reimbursement may be made for
an expense submitted more than three years after the date it is
incurred if the victim or derivative victim has affirmed the debt and
is liable for the debt at the time the expense is submitted for
reimbursement, or has paid the expense as a direct result of a crime
for which a timely application has been filed.
  SEC. 13.  (a) Section 6.5 of this bill incorporates amendments to
Section 13961.01 of the Government Code proposed by both this bill
and AB 409.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2002, (2) each
bill amends Section 13961.01 of the Government Code, and (3) this
bill is enacted after AB 409, in which case Section 6 of this bill
shall not become operative.
   (b) Section 10.5 of this bill incorporates amendments to Section
13965 of the Government Code, as amended by Section 5 of Chapter 1016
of the Statutes of 2000, proposed by both this bill and AB 1019.  It
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 2002, (2) each bill amends Section
13965 of the Government Code, as amended by Section 5 of Chapter
1016 of the Statutes of 2000, and (3) this bill is enacted after AB
1019, in which case Section 10 of this bill shall not become
operative.
   (c) Section 11.5 of this bill incorporates amendments to Section
13965 of the Government Code, as amended by Section 6 of Chapter 1016
of the Statutes of 2000, proposed by both this bill and AB 1019.  It
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 2002, (2) each bill amends Section
13965 of the Government Code, as amended by Section 6 of Chapter
1016 of the Statutes of 2000, and (3) this bill is enacted after AB
1019, in which case Section 11 of this bill shall not become
operative.