BILL ANALYSIS Ó AB 2685 Page 1 ASSEMBLY THIRD READING AB 2685 (Cooley) As Amended May 07, 2014 Majority vote PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Ammiano, Melendez, |Ayes:|Gatto, Bigelow, | | |Jones-Sawyer, Quirk, | |Bocanegra, Bradford, Ian | | |Skinner, Stone, Waldron | |Calderon, Campos, | | | | |Donnelly, Eggman, Gomez, | | | | |Holden, Jones, Linder, | | | | |Pan, Quirk, | | | | |Ridley-Thomas, Wagner, | | | | |Weber | ----------------------------------------------------------------- SUMMARY : Requires that a personal representative or estate attorney notify the Victim Compensation Government Claims Board (board) when a deceased person leaves money to a beneficiary incarcerated in a state or local correctional facility. Specifically, this bill : 1)Clarifies that a representative of the board may provide the probation department, district attorney, and court with information relevant to the board's losses before the imposition of the defendant's sentence, in accordance with specified provisions of law. 2)Expands the inmate inheritance notice obligation to the board so that it covers not only heirs, but also beneficiaries. 3)Expands the notice obligation to the board to cover not only presently incarcerated persons, but also to cover those heirs and beneficiaries that the personal representative or estate attorney knows, without the benefit of conducting an investigation, were previously incarcerated in a state or local correctional facility. EXISTING LAW : 1)Establishes the board to operate the Victim Compensation Program. AB 2685 Page 2 2)Authorizes the board to reimburse for pecuniary loss for the following types of losses: 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; 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; and 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. 3)Requires the court to order the defendant to make restitution to the victim in an amount established by the court and based on the amount of loss claimed by the victim, or victims, or AB 2685 Page 3 any other showing to the court. 4)States that the court retains jurisdiction over the defendant if the amount of victim restitution owed cannot be ascertained at the time of sentencing. The court also retains jurisdiction to modify a restitution order. 5)Provides that the amount of restitution shall not be affected by the indemnification or subrogation rights of a third party. 6)Provides that if the victim has received assistance from the board, then the restitution payments shall be deposited in the Restitution Fund, to the extent of the assistance received. 7)Specifies that the amount of assistance provided by the State Restitution Fund shall be established by copies of bills submitted to the board reflecting the amount paid by the board and specifying the types of services. Certified copies of these bills provided by the board, together with a statement made under penalty of perjury by the custodian of records that those bills were submitted to and were paid by the board, shall be sufficient to meet this requirement. 8)Requires that when a deceased person has an heir who is confined in a prison facility under California Department of Corrections and Rehabilitation's jurisdiction or confined in any county or city jail, road camp, industrial farm, or other local correctional facility, the estate attorney or if there is no estate attorney, the beneficiary; the personal representative; or the person in possession of property of the decedent shall notify the director of the board of the decedent's death and the name and location of the decedent's heir not later than 90 days after the date of death. The notice shall include a copy of the decedent's death certificate. 9)Requires that the notice to the board contain the heir's name, date of birth, place of incarceration, booking number, a copy of the decedent's death certificate, the probate case number, and the name of the superior court hearing the case. 10)Allows the director of the board four months after notice is received to pursue collection of any outstanding restitution fines or orders. (Probate Code Section 9202.) AB 2685 Page 4 FISCAL EFFECT : According to the Assembly Appropriations Committee: 1)Indeterminable potential increased restitution collection from offenders who have benefitted from an inheritance. 2)Negligible administrative costs to the board. COMMENTS : According to the author, "Existing law provides that the VCGCB compensate crime victims; the law permits the Board to recover these funds from criminal offenders. AB 2685: "1) Authorizes a representative of the Board to submit information on the Board's losses directly to the court, probation department, or district attorney, so as to enhance the Board's ability to collect restitution funds from offenders; "2) Subject former inmates, and those classified as beneficiaries, to the same notification requirements as current inmates, and those classified as heirs; and "This will close the gaps in current law and will provide the Board with a more effective enforcement mechanism for collecting restitution." Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0003587