BILL ANALYSIS Ó
SB1299
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SENATE THIRD READING
SB 1299 (Wright)
As Amended June 12, 2012
2/3 vote
SENATE VOTE :37-0
PUBLIC SAFETY 4-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Knight, Hagman, |Ayes:|Gatto, Harkey, |
| |Skinner | |Blumenfield, Bradford, |
| | | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Fuentes, |
| | | |Hall, Hill, Cedillo, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
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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,
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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.
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
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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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
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 : 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 Ýsic]
main things to improve the operation of the program:
1)It clarifies the law to allow social workers to represent
victims.
2)Allows for profits to provide mental health services to
victims.
3)Allows a transition period (three months) if there is a change
in benefits and services before the change goes into effect to
allow victims and providers to adjust.
4)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
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services."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Milena Blake / PUB. S. / (916) 319-3744
FN: 0004982