BILL ANALYSIS Ó SENATE COMMITTEE ON PUBLIC SAFETY Senator Loni Hancock, Chair A 2013-2014 Regular Session B 2 2 6 AB 2264 (Levine) 4 As Amended June 15, 2014 Hearing date: June 24, 2014 Government; Penal Codes AL/JM:mc VICTIM COMPENSATION: GUIDE, SIGNAL, OR SERVICE DOGS HISTORY Source: Author Prior Legislation: AB 1801 (Pavley) - Ch. 322, Stats. 2004 Support: Guide Dogs for the Blind; Canine Companions for Independence; one individual Opposition:None known Assembly Floor Vote: N/A KEY ISSUE SHOULD THE EXPENSES ASSOCIATED WITH THE DEATH OR INJURY OF A GUIDE, SIGNAL, OR SERVICE DOG EITHER INTENTIONALLY CAUSED OR PERMITTED BY A PERSON BE ELIGIBLE FOR REIMBURSEMENT THROUGH THE VICTIM COMPENSATION PROGRAM, AS SPECIFIED? (More) AB 2264 (Levine) Page 2 PURPOSE The purpose of this bill is to extend eligibility for reimbursement under the Victim Compensation Program to cover costs associated with the injury or death of a guide, signal, or service dog as a result of a crime, as specified. Restitution for Losses Associated with Guide, Signal, or Service Dogs Existing provisions in the California Constitution state that all crime victims have the right to seek and secure restitution from the perpetrators of these crimes. Restitution must be ordered in every case without exception. Where a defendant has been ordered to pay restitution, all money, or property collected from the defendant must be first applied to satisfy restitution orders. (California Constitution Article 1 § 28(b)(13)(A)-(C).) Existing law requires the court to order a defendant to make restitution to the victim or victims of the defendant's crime, based on the amount of loss claimed by the victim or victims or any other showing to the court. The court shall order full restitution for the losses caused by the defendant's crime unless the court finds and states compelling and extraordinary reasons for not doing so. (Penal Code § 1202.4(f).) Existing law provides that it is an infraction for any person to permit any dog owned, harbored, or controlled by him or her to cause injury to, or the death of any guide, signal, or service dog, as defined. (Penal Code § 600.2(a).) Existing law provides that a violation of the above section is an infraction punishable by a fine not to exceed $250 if the injury or death to the guide, signal, or service dog was caused by the person's failure to exercise ordinary care in the control of his or her dog. (Penal Code § 600.2(b).) (More) AB 2264 (Levine) Page 3 Existing law provides that it is a misdemeanor if the injury or death of any guide, signal, or service dog was caused by the person's reckless disregard in the exercise of control over his or her dog under circumstances that constitute such a departure from the conduct of a reasonable person as to be incompatible with a proper regard for the safety and life of any guide, signal, or service dog. The penalty is up to one year in county jail and/or a fine of 2,500-$5,000. (Penal Code § 600.2(c).) Existing law provides that a person convicted of causing injury or death to any guide, signal or service dog may also be ordered to make restitution to the person who had ownership or custody of the guide, signal, or service dog and may be liable for any veterinary bills and replacement costs, or other reasonable costs deemed appropriate by the court. (Penal Code § 600.2(d).) Existing law states that any person who intentionally causes injury to, or the death of any guide, signal or service dog, as defined, while the dog is in the discharge of its duties is guilty of a misdemeanor, punishable by imprisonment in the county jail up to one year and/or a fine not to exceed $10,000. (Penal Code § 600.5(a).) Existing law provides that any defendant convicted of a violation of injuring or killing a guide, signal or service dog shall be ordered to make restitution to the disabled person if it is disabled or killed for any veterinary bills and replacement costs of the dog, or other reasonable costs deemed appropriate by the court. (Penal Code § 600.5(b).) This bill provides that when 1) a person causes injury or death of any guide, signal, or service dog through the failure or reckless disregard to exercise control over his or her dog or through his or her intentional actions and 2) the defendant is unable to pay restitution for specified costs associated with the injury or death of the guide, signal, or service dog, the (More) AB 2264 (Levine) Page 4 person with the disability may apply for compensation by the California Victim Compensation and Government Claims Board (board). Restitution Fund: Eligible Individuals Existing law establishes within the Government Operations Agency the board to operate the Victim Compensation Program (VCP), to reimburse victims of crime for the pecuniary losses they suffer as a direct result of criminal acts. Indemnification is made from the Restitution Fund, which is continuously appropriated to the board. (Penal Code §§ 13901 and 13950 et. seq.) Existing law requires that a victim or derivative victim seeking compensation from the board must sustain one or more of the following: a) Physical injury, as specified. b) Emotional injury and a threat of physical injury. c) Emotional injury, as specified. This bill adds to the list of eligibility criteria above the injury or death of a guide, signal, or service dog either intentionally caused or permitted by an individual. Restitution Fund: Eligible Pecuniary Losses Existing law authorizes the board to reimburse for pecuniary loss, as follows: a) The amount of medical or medical-related expenses incurred by the victim, subject to specified limitations. b) The amount of out-patient psychiatric, psychological or other mental health counseling-related expenses incurred by the victim, as specified, including peer counseling services provided by a rape crisis center. (More) AB 2264 (Levine) Page 5 c) The expenses of non-medical remedial care and treatment rendered in accordance with a religious method of healing recognized by state law. d) 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 injury or the victim's death, subject to specified limitations. e) Cash payment to, or on behalf of, the victim for job retraining or similar employment-oriented services. f) The expense of installing or increasing residential security, not to exceed $1,000, with respect to a crime that occurred in the victim's residence, 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. g) The expense of renovating or retrofitting a victim's residence or a vehicle to make them accessible or operational, if it is medically necessary. h) Expenses incurred in relocating, as specified, if the expenses are determined by law enforcement to be necessary for the personal safety or by a mental health treatment provider to be necessary for the emotional well-being of the victim. i) In the case of a victim's death, medical, funeral, and burial expenses, up to specified limits, may be reimbursed by the board. j) Reasonable costs to clean the scene of the crime, up to $1,000, may reimbursed by the board. (Government Code § 13957(a).) This bill would extend eligibility criteria for reimbursement (More) AB 2264 (Levine) Page 6 from the board to include the expense of veterinary services, replacement costs, or other reasonable expenses, as ordered by the court, incurred when the injury or death of a guide, signal, or service dog either permitted or intentionally caused by a person and the defendant is unable to make restitution to the victim. RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION For the last several years, severe overcrowding in California's prisons has been the focus of evolving and expensive litigation relating to conditions of confinement. On May 23, 2011, the United States Supreme Court ordered California to reduce its prison population to 137.5 percent of design capacity within two years from the date of its ruling, subject to the right of the state to seek modifications in appropriate circumstances. Beginning in early 2007, Senate leadership initiated a policy to hold legislative proposals which could further aggravate the prison overcrowding crisis through new or expanded felony prosecutions. Under the resulting policy, known as "ROCA" (which stands for "Receivership/ Overcrowding Crisis Aggravation"), the Committee held measures that created a new felony, expanded the scope or penalty of an existing felony, or otherwise increased the application of a felony in a manner which could exacerbate the prison overcrowding crisis. Under these principles, ROCA was applied as a content-neutral, provisional measure necessary to ensure that the Legislature did not erode progress towards reducing prison overcrowding by passing legislation, which would increase the prison population. In January of 2013, just over a year after the enactment of the historic Public Safety Realignment Act of 2011, the State of California filed court documents seeking to vacate or modify the federal court order requiring the state to reduce its prison population to 137.5 percent of design capacity. The State submitted that the, ". . . population in the State's 33 prisons (More) AB 2264 (Levine) Page 7 has been reduced by over 24,000 inmates since October 2011 when public safety realignment went into effect, by more than 36,000 inmates compared to the 2008 population . . . , and by nearly 42,000 inmates since 2006 . . . ." Plaintiffs opposed the state's motion, arguing that, "California prisons, which currently average 150% of capacity, and reach as high as 185% of capacity at one prison, continue to deliver health care that is constitutionally deficient." In an order dated January 29, 2013, the federal court granted the state a six-month extension to achieve the 137.5 % inmate population cap by December 31, 2013. The Three-Judge Court then ordered, on April 11, 2013, the state of California to "immediately take all steps necessary to comply with this Court's . . . Order . . . requiring defendants to reduce overall prison population to 137.5% design capacity by December 31, 2013." On September 16, 2013, the State asked the Court to extend that deadline to December 31, 2016. In response, the Court extended the deadline first to January 27, 2014, and then February 24, 2014, and ordered the parties to enter into a meet-and-confer process to "explore how defendants can comply with this Court's June 20, 2013, Order, including means and dates by which such compliance can be expedited or accomplished and how this Court can ensure a durable solution to the prison crowding problem." The parties were not able to reach an agreement during the meet-and-confer process. As a result, the Court ordered briefing on the State's requested extension and, on February 10, 2014, issued an order extending the deadline to reduce the in-state adult institution population to 137.5% design capacity to February 28, 2016. The order requires the state to meet the following interim and final population reduction benchmarks: 143% of design bed capacity by June 30, 2014; 141.5% of design bed capacity by February 28, 2015; and, 137.5% of design bed capacity by February 28, 2016. If a benchmark is missed the Compliance Officer (a position (More) AB 2264 (Levine) Page 8 created by the February 10, 2016 order) can order the release of inmates to bring the State into compliance with that benchmark. In a status report to the Court dated May 15, 2014, the state reported that as of May 14, 2014, 116,428 inmates were housed in the State's 34 adult institutions, which amounts to 140.8% of design bed capacity, and 8,650 inmates were housed in out-of-state facilities. The ongoing prison overcrowding litigation indicates that prison capacity and related issues concerning conditions of confinement remain unresolved. While real gains in reducing the prison population have been made, even greater reductions may be required to meet the orders of the federal court. Therefore, the Committee's consideration of ROCA bills -bills that may impact the prison population - will be informed by the following questions: Whether a measure erodes realignment and impacts the prison population; Whether a measure addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction; Whether a bill corrects a constitutional infirmity or legislative drafting error; Whether a measure proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy; and, Whether a bill addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy. (More) COMMENTS 1.Recent Amendments This bill was gutted and amended in the Senate on June 15, 2014. Prior to its current content and as passed by the Assembly, the bill pertained to the licensure of clinics by the State Department of Public Health. On June 17th, the bill was withdrawn from Senate Health Committee and re-referred to this Committee on June 18th. 2.Need for This Bill According to the author: Guide, service, and signal dogs are highly trained animals that make a healthy, fulfilling and independent life possible for people with a variety of physical challenges. Current law states that it is a criminal offence to cause injury, whether intentional or unintentional, to a guide, signal or service dog. A defendant that is convicted in these attacks is required to provide restitution for the harm caused to the dog. However, if the defendant is fiscally unable to provide compensation, the victim is left unable to obtain funds to care for the injuries sustained to their dog. This bill would state that if the defendant is unable to make restitution, the victim is eligible to apply for compensation under the Victim's Compensation Fund as the dog is an extension of the person and a vital component to their independence. Without this bill, existing law is deficient in that in these types of cases the victim is not made whole. It is expected that there will be very few such (More) AB 2264 (Levine) Page 10 reimbursement cases in California. Therefore, it does not seem that this bill will create a substantial demand on the Fund. However, to the individual, this bill means freedom and independence to the person being served by the dog. This bill is being pursued this year late in the process because this issue has just come to our attention and the Legislature still has the opportunity to address it this year. Without this change, it may take until January 2016 to correct this law. 3.Effect of This Bill This bill allows a person with a disability who has ownership or custody of a guide, signal, or service dog that has been injured or killed due to the intentional actions of another individual, as specified, to seek reimbursement from the board for veterinary bills, replacement costs, or other costs deemed reasonable by the court, if the defendant is unable to pay restitution. Current law requires the court to order restitution for pecuniary loss suffered by a victim, including costs associated with the death or injury of a guide, signal, or service dog as a result of the offense, but if a defendant is unable to pay, the expenses included in the restitution order are ineligible for compensation through the VCP. ***************