BILL ANALYSIS Ó
SB 1299
Page 1
Date of Hearing: June 19, 2012
Counsel: Milena Blake
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 1299 (Wright) - As Amended: June 12, 2012
SUMMARY : Modifies the process by which crime victims seek
reimbursement from the California Victim Compensation and
Government Claims Board (VCGCB) for pecuniary losses resulting
from a crime. Specifically, this bill :
1)Adds county social workers to the list of people authorized to
file a claim with the VCGCB on behalf of a victim if the
victim is a child abuse victim or an elder abuse victim, and
that victim is unable to file on his or her own behalf.
2)States that any county social worker acting as the applicant
for a child victim or elder abuse victim shall not be required
to provide personal identification, including, but not limited
to, the applicant's date of birth or social security number.
3)States that county social workers acting in this capacity
shall not be required to sign a promise of repayment to the
board.
4)Extends the time period in which a victim may file a claim
with the VCGCB from one year to three years from the date of
the crime, from the date the victim becomes 18 years old, or
from the time the victim or derivative victim knew or in the
exercise of ordinary diligence could have discovered that an
injury or death had been sustained as a result of the crime,
whichever is later.
5)Requires the VCGCB, when determining whether or not to grant
an extension of time in which a victim or derivative victim
may file a claim, to consider whether or not the victim or
derivative victim incurs emotional harm or a pecuniary loss
while testifying during the prosecution or in the punishment
of the person accused or convicted of the crime or when the
person convicted of the crime is scheduled for a parole
hearing or released from incarceration.
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6)Removes the provision stating that, in considering whether or
not to grant an extension of time in which the victim or
derivative victim may file a claim, the VCGCB may consider any
factor including but not limited to a recommendation from the
prosecuting attorney regarding the victim's or derivative
victim's cooperation with law enforcement and the prosecuting
attorney in the apprehension and prosecution of the person
charged with the crime, whether the particular events
occurring during the prosecution or in the punishment of the
person convicted of the crime have resulted in the victim or
derivative victim incurring pecuniary loss, and whether the
nature of the crime is such that a delayed reporting of the
crime is reasonably excusable.
7)States that any reduction in maximum rates or service
limitations shall not affect payment or reimbursement of
losses incurred prior to three months after the adoption of
any changes by regulations.
8)Prohibits any provider from charging a victim or derivative
victim for any difference between the cost of a service
provided to a victim or derivative victim and the program's
payment for that service.
9)Adds mental health services to the list of services for which,
if approved, the VCGCB shall pay within an average of 90 days
from the receipt of the claim for payment.
10)Repeals existing law related to procedures for paying claims
of qualified providers of mental health services to crime
victims.
11)States that reimbursement for a claim may be made beyond
three years after the claim was incurred by the victim if the
victim has paid the expense as a direct result of a crime for
which an application has been filed and approved.
EXISTING LAW :
1)States it is the unequivocal intention of the People of the
State of California that all persons who suffer losses as a
result of criminal activity shall have the right to
restitution from the persons convicted of the crimes for
losses they suffer. Restitution shall be ordered from the
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convicted persons in every case, regardless of the sentence or
disposition imposed, in which a crime victim suffers a loss,
unless compelling and extraordinary reasons exist to the
contrary. İCal. Const., Art. I, sec. 28(b).]
2)States that it is the intent of the legislature that a victim
of crime who incurs any economic loss as a result of the
commission of a crime shall receive restitution directly from
any defendant convicted of that crime. İPenal Code Section
1202.4(a)(1).]
3)Requires full victim restitution for economic losses
determined by the court. İPenal Code Section 1202.4(f).]
4)Creates the VCGCB and authorizes reimbursement to the victim
of a crime for any pecuniary loss he or she may have suffered
as a result of that crime, as specified. (Government Code
Section 13900 et. seq.)
5)States that a person is eligible for compensation when the
following requirements are met (Government Code Section
13955):
a) The person for whom the compensation is being sought is
a victim, a derivative victim, or a person entitled to
reimbursement for funeral, burial, or crime scene cleanup
expenses, as specified;
b) The crime occurred within the state of California, and
the victim was either a resident of California, a member of
the military stationed in California, or a family member
living with a member of the military stationed in
California;
c) If the person seeking compensation is a derivative
victim, he or she must have been at the time of the crime,
a parent, grandparent, sibling, spouse, child or grandchild
of the victim, must have been living in the same household
as the victim, is another family member of the victim,
including but not limited to the fiancé or fiancée who
witnessed the crime, is the primary caregiver of a minor
victim, or who had at the time of the crime previously
lived in the household of the victim for of not less than
two years in a relationship substantially similar to a
family relationship;
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d) The application is timely, as specified;
e) The injury or death was a direct result of a crime;
f) As a direct result of the crime, the victim sustained
physical injury, emotional injury and threat of physical
injury, or emotional injury where the crime was a violation
of specified penal code sections; and,
g) The injury or death has or may result in specified
pecuniary losses.
6)Authorizes reimbursement to a victim for the expenses incurred
by the victim as a result of the crime as follows İGovernment
Code Section 13957 (a)]:
a) Medical or medical-related expenses incurred by the
victim, 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;
b) The amount of outpatient psychiatric, psychological, or
other mental health counseling-related expenses incurred by
the victim or derivative victim, including peer counseling
services provided by a rape crisis center, as specified,
including family psychiatric, psychological, or mental
health counseling 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, that became
necessary as a direct result of the crime;
c) Outpatient mental health counseling in excess of that
authorized, or for inpatient psychiatric, psychological, or
other mental health counseling if the claim is based on
dire or exceptional circumstances that require more
extensive treatment, as approved by the board;
d) Expenses for psychiatric, psychological, or other mental
health counseling-related services may be reimbursed only
if the services were provided by specified individuals;
e) The expenses of nonmedical remedial care and treatment
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rendered in accordance with a religious method of healing
recognized by state law;
f) Compensation equal to the loss of income or loss of
support, or both, that a victim or derivative victim incurs
as a direct result of the victim's or derivative victim's
injury or the victim's death;
g) Authorize a cash payment to or on behalf of the victim
for job retraining or similar employment-oriented services;
h) The expense of installing or increasing residential
security, not to $1,000, upon verification by law
enforcement that the security measures are necessary for
the personal safety of the claimant or verification by a
mental health treatment provider that the security measures
are necessary for the emotional well-being of the claimant;
i) The expense of renovating or retrofitting a victim's
residence or a vehicle, or both, to make the residence, the
vehicle, or both, accessible or the vehicle operational by
a victim upon verification that the expense is medically
necessary for a victim who is permanently disabled as a
direct result of the crime, whether the disability is
partial or total;
j) A cash payment or reimbursement not to exceed $2,000 to
a victim 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;
aa) The board may increase the cash payment or reimbursement
for expenses incurred in relocating to an amount greater
than $2,000, if the board finds this amount is appropriate
due to the unusual, dire, or exceptional circumstances of a
particular claim;
bb) When a victim dies as a 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 expenses incurred as a direct
result of the crime in an amount not to exceed the rates or
limitations established by the board or the funeral and
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burial expenses incurred as a direct result of the crime,
not to exceed $7,500; or,
cc) When 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 $1,000;
7)Limits the total award to or on behalf of each victim or
derivative victim to $35,000, except that this amount may be
increased to $70,000 if federal funds for that increase are
available. İGovernment Code Section 13957 (b).]
8)Requires the VCGCB approve or deny applications, based on
recommendations of the board staff, within an average of 90
calendar days and no later than 180 calendar days of
acceptance by the board or victim center. (Government Code
Section 13958.)
9)Provides that no reimbursement may be made for any expense
that is submitted more than three years after it is incurred
by the victim, unless the 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.
İGovernment Code Section 13957.7 (a).]
10)States that the VCGCB may recognize an authorized
representative of the victim or derivative victim, who shall
represent the victim or derivative victim pursuant to rules
adopted by the board including İGovernment Code Section
13952(d)]:
a) An attorney;
b) If the victim or derivative victim is a minor or an
incompetent adult, the legal guardian or conservator, or an
immediate family member, parent, or relative caregiver who
is not the perpetrator of the crime that gave rise to the
claim;
c) A victim assistance advocate, as specified;
d) An immediate family member of the victim or derivative
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victim, who has written authorization by the victim or
derivative victim, and who is not the perpetrator of the
crime that gave rise to the claim; or,
e) Other persons who shall represent the victim or
derivative victim pursuant to rules adopted by the board.
11)Requires the VCGCB to develop a simplified and expedited
procedure for paying claims of a qualified provider of mental
health services which includes an agreement by the provider to
subject its claims to audit procedures established by the
board and to request payment only for qualified services; an
agreement by the board to pay claims on a regular and timely
basis to a qualified provider for services without requiring
further documentation beyond that required to initially
qualify the claim; and additional methods of simplifying the
claims process as agreed upon between the board and the
qualified provider. İGovernment Code Section 13957.9(a) and
(b).]
12)States that the simplified and expedited procedure for paying
claims of a qualified provider of mental health services may
be implemented when the VCGCB has determined that the crime
has occurred and that the victim qualifies for compensation
pursuant to this chapter and services to the victim or
derivative victim, or both, are being provided by a qualified
provider. İGovernment Code Section 13957.9(c).]
13)States that a nonprofit agency may apply to the board for a
determination that the nonprofit agency is a qualified
provider for purposes of this section. The board shall
approve or reject an application from a qualified provider for
participation in an agreement pursuant to this section within
90 days of receipt of a complete application as required by
the board. İGovernment Code Section 13957.9(d).]
14)Defines a "qualified provider" as a nonprofit agency with
extensive experience in providing mental health services and
that has utilized reimbursement from the Restitution Fund at a
significant level on a regular and constant basis. Upon
request of a nonprofit agency, the board shall determine if
the nonprofit agency is a qualified provider for purposes of
this section. İGovernment Code Section 13957.9(f).]
FISCAL EFFECT : Unknown.
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COMMENTS :
1)Author's Statement : According to the author, "SB 1299 makes a
small number of changes to the Victim of Crime and Government
Claims Program to simplify the administration of program and
help crime victims. SB 1299 was developed in cooperation with
victim support groups and the program Board. SB 1299 does
three İsic] main things to improve the operation of the
program:
a) It clarifies the law to allow social workers to
represent victims.
b) Allows for profits to provide mental health services to
victims.
c) Allows a transition period (3 months) if there is a
change in benefits and services before the change goes into
effect to allow victims and providers to adjust.
d) It extends the statute of limitations for filing a claim
from one to three years.
"SB 1299 was developed in cooperation with victims support
groups as well as providers of services who also need
predictability and consistency in the payment of their
services."
2)Background : According to information provided by the author,
"Crime victims approach the California victim compensation
funds to seek reimbursement for their crime related losses.
All too often the program fails a significant number of these
victims through confusing correspondence, inconsistent
information, and different interpretations of the code.
Interpretation of the law by program staff often operates
contrary to legislative intent, and is overly burdensome in
ways not experienced in other states.
"While California has the largest victim compensation program in
the nation it also has the least 'user friendly' system for
victims. Victims and their services providers often turn away
from the program unnecessarily because of their confusion over
the complexity of the rules, lack of timely payment, and
misconceptions put forth by staff that can't be trained fast
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enough to deal with the many regulatory and policy changes.
The Auditor General's 2008 report and subsequent status
updates support changes in the program, as well as the 2009
Assembly Committee on Accountability and Administrative
Review. These changes are not present in the program
according to 2011/12 information from the first half of the
fiscal year."
REGISTERED SUPPORT / OPPOSITION :
Support
California Catholic Conference, Inc.
Coalition for Crime Victim Services
Crime Victims United of California
Los Angeles County District Attorney's Office
Three Private Individuals
Opposition
None
Analysis Prepared by : Milena Blake / PUB. S. / (916) 319-3744