BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1270
                                                                  Page  1

          Date of Hearing:   April 21, 2009
          Consultant:       Larry Yee


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Jose Solorio, Chair

                AB 1270 (Torrico) - As Introduced:  February 27, 2009
           
           
           SUMMARY  :   Requires the Victims Compensation and Government  
          Claims Board (VCGCB) to adopt written procedures and timeframes  
          for the timely processing of claims.  Specifically,  this bill   
          requires the VCGCB, for the purposes of meeting the requirement  
          for the timely processing of applications, to adopt written  
          procedures and timeframes for approving or denying applications  
          and specified procedures for use in communicating with entities  
          when verifying the required information. 

           EXISTING LAW  :

          1)Provides that the VCGCB shall approve or deny applications,  
            based on recommendations of the VCGCB staff, within an average  
            of 90 calendar days and no later than 180 calendar days of  
            acceptance by the VCGCB or victim center.  [Government Code  
            Section 13958.]

             a)   If the VCGCB does not meet the 90-day average standard  
               prescribed in this subdivision, the VCGCB shall,  
               thereafter, report to the Legislature, on a quarterly  
               basis, its progress and its current average time of  
               processing applications.  These quarterly reports shall  
               continue until the VDGCB meets the 90-day average standard  
               for two consecutive quarters.  [Government Code Section  
               13958(a).]

             b)   If the VCGCB fails to approve or deny an individual  
               application within 180 days of the date it is accepted,  
               pursuant to this subdivision, the VCGCB shall advise the  
               applicant and his or her representative, in writing, of the  
               reason for the failure to approve or deny the application.   
               [Government Code Section 13958(b).]

          2)States the Legislature finds and declares that it is in the  
            public interest to assist residents of the State of California  








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            in obtaining compensation for the pecuniary losses they suffer  
            as a direct result of criminal acts.  [Government Code Section  
            13950.]

          3)Defines the following [Government Code Section 13951]:

             a)   "Crime" is a crime or public offense, wherever it may  
               take place, which would constitute a misdemeanor or a  
               felony if the crime had been committed in California by a  
               competent adult.

             b)   "Crime" includes an act of terrorism, committed against  
               a resident of the state, whether or not the act occurs  
               within California.

             c)   "Derivative victim" is an individual who sustains  
               pecuniary loss as a result of injury or death to a victim.

             d)   "Pecuniary loss" is an economic loss or expense  
               resulting from an injury or death to a victim of crime that  
               has not been and will not be reimbursed from any other  
               source.

             e)   "Victim" is an individual who sustains injury or death  
               as a direct result of a crime.  

          4)Provides than an application for compensation shall be filed  
            with the VCGCB in the manner determined by the VCGCB.   
            [Government Code Section 13952(a).]

          5)Provides that the application for compensation shall be  
            verified under penalty of perjury by the individual who is  
            seeking compensation, who may be the victim or derivative  
            victim, or an individual seeking reimbursement for burial,  
            funeral, or crime scene clean-up expenses pursuant specified  
            sections of the Government Code.  [Government Code Section  
            13952(b)(1).]

          6)States that except as provided by specified sections of the  
            Government Code, a person shall be eligible for compensation  
            when all of the following requirements are met [Government  
            Code Section 13955]:

             a)   The person from whom compensation is being sought is a  
               victim, a derivative victim, or a person who is entitled to  








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               reimbursement for funeral, burial or crime scene clean-up  
               expenses pursuant to specified sections of the Government  
               Code.  

             b)   Either of the following conditions is met:

               i)     The crime occurred within California whether or not  
                 the victim is a resident of California.  This only  
                 applies when the VCGCB determines that there are federal  
                 funds available to the state for the compensation of  
                 crime victims.  

               ii)    Where or not the crime occurred within the State of  
                 California, the victim was any of the following:

                  (1)       A California resident.

                  (2)       A member of the military stationed in  
                    California.

                  (3)       A family member living with a member of the  
                    military station in California. 

             c)   If compensation is being sough for derivative victim,  
               the derivative victim is t a resident of California or the  
               resident of another state who is any of the following: 

               i)     At the time of the crimes was the parent,  
                 grandparent, sibling, spouse, child or grandchild of the  
                 victim.

               ii)    At the time of the crime was living in the household  
                 of the victim.

               iii)   At the time of the crime was a person who had  
                 previously lived in the house of the victim for a person  
                 of not less than two years in relationship substantially  
                 similar to a previously listed relationship.

               iv)    Another family member of the victim including, but  
                 not limited to, the victim's fianc? or fianc?e, and who  
                 witnessed the crime.

               v)     Is the primary caretaker of a minor victim, but was  
                 not the primary caretaker at the time of the crime.








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          7)Allows the following victims may be reimbursed for outpatient  
            mental health counseling in an amount not to exceed $5,000  
            [Government Code Section 13957(a)(2)(B)]:

             a)   A derivative victim not eligible for  reimbursement in  
               the category allowing up to  $10,000; and,

             b)   A direct victim of the crime of unlawful sexual  
               intercourse, where the victim is under 16 years old and the  
               defendant is over 21 years old; and,

             c)   A minor who suffers emotional injury as a direct result  
               of witnessing a violent crime and who is not eligible for  
               reimbursement of the costs of outpatient mental health  
               counseling.  To be eligible for reimbursement under this  
               clause, the minor must have been in close proximity to the  
               victim when he or she witnessed the crime.   

          8)Provides that when a victim dies as a result of  crime, the  
            VCGCB may reimburse any individual who voluntarily, and  
            without anticipation of personal gain, pay or assumes the  
            obligation to pay any of the following expenses [Government  
            Code Section 13957(a)(9)]:

             a)   The medical expenses incurred as a direct result of the  
               crime in an amount not to exceed the rates or limitations  
               established by the VCGCB. 

             b)   When the crime occurs in a residence, the reasonable  
               costs to clean the scene of the crime in an amount not to  
               exceed $1,000.  

             c)   The funeral and burial expenses incurred as a direct  
               result of the crimes, not to exceed $7,500. 

          9)Provides that the total award to or on behalf of each victim  
            or derivative victim may no exceed $35,000, except that this  
            amount may be increased to $70,000 if federal funds for that  
            increase are available.  [Government Code Section 13957(b).]

          10)Provides that the VCGCB shall grant a hearing to an applicant  
            who believes he or she is entitled to compensation, to contest  
            a staff recommendation to deny compensation.  [Government Code  
            Section 13959(a).]








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          11)Authorizes the VCGCB to order reconsideration of its decision  
            on its own motion or on the written request of the applicant.   
            The VCGCB may not consider any request for consideration more  
            than 30 days after personal delivery, or 60 calendar days  
            after the mailing, of the original decision.  [Government Code  
            Section 13959(i).]

          12)Provides that no reimbursement may be made for any expense  
            that is submitted more than three years after it is incurred  
            by the victim or derivative victim.  However, 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.  [Government Code Section  
            13957.7(a).]

          13)Provides that compensation made pursuant to this chapter may  
            be on a one-time or periodic basis.  If periodic, the VCGCB  
            may increase, reduce, or terminate the amount of compensation  
            according to the applicant's need, subject to the maximum  
            limits provided in this chapter.  [Government Code Section  
            13957.7(b).]

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "In December  
            2008, the State Auditor listed several recommendations to  
            improve the Victims Compensation and Governmental Claims  
            Program.  One recommendation was to develop written procedures  
            for managing the workload at the VCGCB as well as to develop a  
            comprehensive plan for priorities.  

          "In June 2008, the VCGCB began processing claims exclusively  
            through a new system, the Compensation and Restitution System  
            (CaRES).  

          "This bill will make it easier for victim's to file and receive  
            claims with the VCGCB by requiring for the VCGCB to have  
            written procedures and time frames in place."









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           2)Background  :  According to background submitted by the author,  
            "A 2008 State Audit Report stated that the VCGCB needed to  
            improve on processing applications, correlating payments, and  
            develop specific procedures for staff when verifying entities  
            and to continue outreach efforts. 

          "Although there was a recent decline of claims filed by victims  
            to the VCGCB, the administration costs to run the program had  
            increased.  The program had also failed to process  
            applications in a timely and efficient manner.  In today's  
            fiscal climate, resources for victims are important to  
            protect. 

          "The goal of the VCGCB is to assist victim's who have suffered  
            crimes such as domestic violence, child abuse, physical and  
            sexual assault, homicide, driving under the influence and  
            vehicular manslaughter.  Eligible services include medical and  
            dental care, mental health services, lost wages or support,  
            funeral or burial expenses and relocation. 

          "The State Auditor listed several recommendations to improve the  
            program.  One recommendation was to develop written procedures  
            for managing the workload at the VCGCB as well as to develop a  
            comprehensive plan for priorities. 

          "In June 2008, the VCGCB began processing claims exclusively  
            through a new system, the CaRES.  The VCGCB has a goal of  
            improving processing time by 10% for applications and payments  
            by July 2009." 

           3)Victim Compensation Program (VCP)  :  The VCP provides  
            compensation for victims of crimes who are injured or  
            threatened with injury, and extends to victims, eligible  
            family members, and other specified persons.  The VCP includes  
            medical and mental health services not covered by insurance.   
            The VCGCB administers the program.  State law prescribes the  
            type of compensation the VCGCB can make. 

           4)VCP Inefficiencies  :  According to a report by the California  
            State Auditor on the Victim Compensation Program, " . . .  
            program compensation payments sustained a 50% decrease from  
            Fiscal Years 2001-02 through 2004-05 as a result of the VCGCB  
            members' attempts to maintain the fiscal viability of the  
            Restitution Fund.  Compensation payments have increased since  
            Fiscal Year 2004-05, but not to the level they reached in  








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            Fiscal Year 2001-02.  Despite the significant decline in  
            payments, the costs the VCGCB incurs to support the program  
            have increased.  These costs - ranging from 26% to 42%  
            annually - account for a significant portion of Restitution  
            Fund disbursements.  In addition, although the VCGCB generally  
            complied with state laws and regulations for determining  
            whether applicants are eligible for program benefits, it did  
            not always process applications and bills as promptly or  
            efficiently as it could have.  The VCGCB's procedures for  
            following up with outside entities to obtain necessary  
            information to verify applications and bills are not  
            sufficiently detailed and contribute to inconsistencies in  
            staff efforts to obtain the information promptly. 

          "In late June 2006, the VCGCB began transitioning to its current  
            application and bill processing system.  Although the VCGCB  
            expects to gain efficiencies and benefits from the use of the  
            new system, it generally has not developed benchmarks or  
            measured results.  Further, the VCGCB has experienced numerous  
            problems with the transition.  Most troubling was our  
            identification of payments that appeared to be erroneous.   
            Although VCGCB staff provided explanations, asserting that the  
            payments were appropriate and the data were flawed, the fact  
            that they were unaware of these items indicates the absence of  
            controls that would prevent erroneous payments from being  
            made.  In addition, the VCGCB's current process for managing  
            its workload is informal: it has not established benchmarks,  
            performance measures, or formal written procedures for  
            workload management.  Finally, the VCGCB has not established a  
            comprehensive outreach plan to assist it in appropriately  
            prioritizing its efforts and focusing on those in need of  
            program services."  [Victim Compensation and Government Claims  
            Board:  It Has begun Improving the Victim Compensation  
            Program, but More Remains to Be Done.  California State  
            Auditor Report 2008-113 (December 2008).]

           5)VCGCB Response  :  In a response letter to the audit report by  
            the California State Auditor, the VCGCB stated, " The audit  
            finds, and we agree, the VCGCB can make improvements in  
            processing time for applications and payments, developing  
            specific verification procedures, and maintaining  
            documentation.

          "The VCGCB concurs with the recommendation to develop written  
            procedures and time frames for the appeals process.  A new  








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            procedure manual, as discussed below, will include this  
            subject.

          "The VCGCB's ability to process applications and pay bills in a  
            timely manner is dependent upon the timely submittal of key  
            information from verifying entities.  To improve the VCGCB's  
            success at obtaining such information, the VCGCB plans to  
            develop a new procedure manual, which will provide specific  
            direction to staff for processing applications and bills in  
            CaRES.  The manual will include specific time frames for  
            follow up with non-responsive verifying entities.  Through our  
            statewide provider forums, the VCGCB has been communicating to  
            service providers the importance of prompt submittal of  
            requested information to the board so that we can process  
            their payment requests in a timely manner.  Similarly, we are  
            reaching out to law enforcement during our numerous law  
            enforcement outreach seminars."  [Victim Compensation and  
            Government Claims Board:  It Has Begun Improving the Victim  
            Compensation Program, but More Remains to Be Done.  California  
            State Auditor Report 2008-113 at 70, 71 (December 2008).]

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None

           Opposition 
           
          None
           

          Analysis Prepared by  :    Larry Yee / PUB. S. / (916) 319-3744