BILL ANALYSIS Ó
SB 1299
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Date of Hearing: August 8, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 1299 (Wright) - As Amended: June 12, 2012
Policy Committee: Public
SafetyVote:4-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill makes a series of relatively minor changes to the
process by which crime victims seek reimbursement from the
California Victim Compensation and Government Claims Board
(board) for financial losses resulting from a crime.
Specifically, this bill:
1)Extends the time period in which a victim may file a claim
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 knew or could have discovered that an injury or death
had been sustained as a result of the crime, whichever is
later.
2)Requires the board, when determining whether to grant a filing
extension, to consider whether or not the victim incurs
emotional harm or financial 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.
3)Specifies that reimbursement for a claim may be made beyond
three years after the expense 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.
4)States that any reduction in maximum rates or service
limitations shall not affect payment or reimbursement incurred
prior to three months after the adoption of any new
regulations.
SB 1299
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5)Prohibits a provider from charging a victim for any difference
between the cost of a service provided to a victim and the
program's payment for that service.
6)Adds county social workers to the list of people authorized to
file a claim with the board 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.
FISCAL EFFECT
1)Extending the claim-filing period from one to three years will
increase crime victim payments by several hundred thousands of
dollars (Restitution Fund). According to the board, 150
applications per year are denied for late filing after one
year, but before three years. An approved application averages
about $2,500, which means a two-year extension could result in
additional claim costs in the $375,000 range. The board
indicates this amount is absorbable, as claim payments
fluctuate by several million dollars per year.
2)Minor administrative costs/savings as a result of extending
the filing period, which would eliminate the need to consider
good cause extensions.
COMMENTS
Rationale .
The author's intent is to streamline the application process and
make it more victim-friendly. The bill was developed in
conjunction with victims' groups and service providers. The
board, while absent a formal support position, indicates the
changes are workable and the costs absorbable.
According to the author, "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 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
SB 1299
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2009 Assembly Committee on Accountability and Administrative
Review."
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081