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
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|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 |
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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.
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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
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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.)
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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