BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 60
                                                                  Page 1

          Date of Hearing:  June 25, 2013
          Counsel:       Shaun Naidu


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                      SB 60 (Wright) - As Amended:  May 28, 2013


           SUMMARY  :   Expands eligibility to human trafficking victims who  
          have suffered emotional injury for compensation from the  
          restitution fund administered by the California Victim  
          Compensation and Government Claims Board (the Board) and removes  
          language relative to a lapsed pilot program.

           EXISTING LAW  : 

          1)States that all persons who suffer losses as a result of  
            criminal activity shall have the right to restitution from the  
            perpetrators.  [Cal. Const., Article I, Section 28(b)(13).]

          2)Provides that any person who deprives or violates the personal  
            liberty of another with the intent to obtain forced labor or  
            services is guilty of human trafficking and shall be punished  
            by imprisonment in the state prison for 5, 8, or 12 years and  
            a fine of not more than $500,000.  [Penal Code Section  
            236.1(a).]

          3)Provides that any person who deprives or violates the personal  
            liberty of another with the intent to effect or maintain a  
            violation of the crimes of enticing a minor girl to become a  
            prostitute, pimping, pandering, taking a child under 16 for a  
            lewd act, abducting a minor for prostitution, acts relating to  
            child pornography, sexually exploiting a minor, employing or  
            using a minor to perform a prohibited act, acts relating to  
            obscene material, participating in obscene conduct, or  
            extortion is guilty of human trafficking and shall be punished  
            by imprisonment in the state prison for 8, 14, or 20 years and  
            a fine of not more than $500,000.  [Penal Code Section  
            236.1(b).]

          4)Provides that any person who causes, induces, or persuades, or  
            attempts to do so, a minor at the time of commission of the  
            offense to engage in a commercial sex act, with the intent to  








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            effect or maintain a violation the crimes of enticing a minor  
            girl to become a prostitute, pimping, pandering, taking a  
            child under 16 for a lewd act, abducting a minor for  
            prostitution, acts relating to child pornography, sexually  
            exploiting a minor, employing or using a minor to perform a  
            prohibited act, acts relating to obscene material,  
            participating in obscene conduct, or extortion is guilty of  
            human trafficking and is punished as specified.  [Penal Code  
            Section 236.1(c).]

          5)Directs a court to order a defendant to make restitution to  
            the victim or victims of the defendant's crime.  [Penal Code  
            Section 1202.4(f).]

          6)Authorizes the Board to reimburse crime victims for the  
            pecuniary losses they suffer as a direct result of criminal  
            acts, with indemnification made from the restitution fund,  
            which is continuously appropriated to the Board for these  
            purposes.  (Government Code Sections 13950-13968.)

          7)Authorizes the Board to grant a crime victim's claim for  
            pecuniary loss for the following purposes:

             a)   Reimburse for the amount of medical or medical-related  
               expenses incurred by the victim, subject to specified  
               limitations.

             b)   Reimbursement for the amount of out-patient psychiatric,  
               psychological or other mental health counseling-related  
               expenses incurred by the victim, as specified.  The victim  
               may be reimbursed for the expense of his or her out-patient  
               mental health counseling in an amount not to exceed  
               $10,000.  Victims who are not eligible for up to $10,000 of  
               reimbursement may be eligible to be reimbursed for the  
               expense of their out-patient mental health counseling in an  
               amount not to exceed $3,000.

             c)   Reimbursement for 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.








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             e)   Cash payment to, or on behalf of, the victim for job  
               retraining or similar employment-oriented services.

             f)   Reimbursement for 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)   Reimbursement for 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)   Cash payment or reimbursement not to exceed $2,000 for  
               expenses incurred in relocating 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.

             i)   The board, under compelling circumstances, may allow  
               reimbursement for moving expenses to the same victim for a  
               second crime if both of the following conditions are met:

               i)     The crime occurs more than three years from the date  
                 of the crime giving rise to the initial relocation cash  
                 payment or reimbursement; and,

               ii)    The crime does not involve the same offender.

               iii)   Reimbursement to an individual who voluntarily, and  
                 without anticipation of personal gain, pays or assumes  
                 the obligation to pay the reasonable costs to clean the  
                 scene of the crime in an amount not to exceed.   
                 [Government Code Section 13957(a).]

          8)Prohibits the total award to or on behalf of each victim from  
            exceeding $35,000, except that this amount may be increased to  
            $70,000 if federal funds for that increase are available.   
            [Government Code Section 13957(b).]

          9)Provides that compensation paid by the Board may be on a  
            one-time or periodic basis.  If periodic, the Board may  








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            increase, reduce, or terminate the amount of compensation  
            according to the applicant's need, subject to the maximum  
            limits provided.  [Government Code Section 13957.7(b).]

          10)Requires the Board to grant a hearing to an applicant who  
            believes he or she is entitled to compensation to contest a  
            staff recommendation to deny compensation in whole or in part.  
             (Government Code Section 13959.)

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "SB 60 is a  
            simple and humanitarian bill.  It will make victims of the  
            crime of human trafficking eligible to receive help from the  
            Victims of Crime program.  This crime is grossly underreported  
            and has devastating effects on the victim.  There should be no  
            question that these victims should get the help this program  
            was exactly designed [to provide]."

           2)Victims Currently Eligible for Compensation  :  Under existing  
            law, the following crime victims are eligible to file a claim  
            for compensation from the Board:

             a)   Those who suffer physical injury.

             b)   Those who suffer emotional injury and a threat of  
               physical injury.

             c)   Those who suffer emotional injury and:

               i)     The crime involved was rape, desertion of a child  
                 under 14 with the intent to abandon, willful harm or  
                 injury to a child, corporal punishment of a child,  
                 incest, sodomy, child molestation, a forcible act of  
                 sexual penetration, using a minor to perform a prohibited  
                 act;

               ii)    The crime involved was failure of a parent or  
                 guardian to provide for a child and the emotional injury  
                 resulted from conduct other than a failure to pay child  
                 support and criminal charges were filed;

               iii)   The crime involved was statutory rape and criminal  








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                 charges were filed; or,

               iv)    The crime involved was a noncustodial person keeping  
                 a child away from his or her lawful custodian or  
                 deprivation of custody of a child or right to visit a  
                 child, and the deprivation lasted for 30 days or more.   
                 (Government Code Section 13955(f).)

           3)State Audit of the Victim Compensation Program  :  In December  
            2008, the Bureau of State Audits (Bureau) released its report  
            concerning the Victim Compensation Program.  In its report,  
            the Bureau highlighted the following findings:

             a)   From fiscal years 2001-02 through 2004-05, program  
               compensation payments decreased from $123.9 million to  
               $61.6 million-a 50% decline.

             b)   Despite the significant decline in payments, the costs  
               to support the program have increased.  These costs make up  
               a significant portion of the Restitution Fund  
               disbursements-ranging from 26% to 42% annually.

             c)   The program did not always process applications and  
               bills as promptly or efficiently as it could have.  Staff  
               took longer than 180 days to process applications in two  
               instances out of 49, and longer than 90 days to pay bills  
               for 23 of 77 paid bills the Bureau examined.

             d)   The program's numerous problems with the transition to a  
               new application and bill processing system led to a  
               reported increase in complaints regarding delays in  
               processing applications and bills.

             e)   Some payments in the Compensation and Restitution System  
               (CaRES) appeared to be erroneous.  Although board staff  
               provided explanations for the payments when the Bureau  
               brought the matter to their attention, the fact that they  
               were unaware of these items indicates an absence of  
               controls that would prevent erroneous payments.

             f)   The Board lacks the necessary system documentation for  
               CaRES.

             g)   There are no benchmarks, performance measures, or formal  
               written procedures for workload management.








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             h)   Despite the Board's efforts to increase awareness of the  
               program, several victim witness assistance centers do not  
               think the public is generally aware of program services.   
               Further, the Board has not established a comprehensive  
               outreach plan.  (Bureau of State Audits, Victim  
               Compensation and Government Claims Board Report 2008-113  
               (December 2008) Summary, pp. 1-2.)

             In a response letter to the audit, the Board stated the  
               following:

             "The audit finds, and we agree, the board can make  
               improvements in processing time for applications and  
               payments, developing specific verification procedures, and  
               maintaining documentation.

                                                                            
                ?

             "The board concurs with the recommendation to develop written  
               procedures and time frames for the appeals process.  A new  
               procedure manual, as discussed below, will include this  
               subject.

             "The board's ability to process applications and pay bills in  
               a timely manner is dependent upon the timely submittal of  
               key information from verifying entities.  To improve  
               [receipt of] such information, the board plans to develop a  
               new procedure manual, which will provide specific direction  
               to staff for processing applications and bills in CaRES.   
               The manual will include specific time frames for follow up  
               with non-responsive verifying entities.  ? [T]he board has  
               been communication to service providers the importance of  
               prompt submittal of requested information to the board so  
               that we can process their payment requests in a timely  
               manner.  Similarly, we are reaching out to law enforcement  
               during our numerous law enforcement outreach seminars."

             (Id. at 70-71.)

           4)Argument in Support  :  According to the  California School  
            Employees Association  , "This is an important bill that makes  
            sure that ? victims of human trafficking also have access to  
            financial compensation for the crimes they have endured.   








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            These are terrible crimes that cause much suffering and  
            although this compensation won't erase the suffering, it will  
            help them begin the healing process."

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California School Employees Association
           
            Opposition 
           
          None


           Analysis Prepared by  :    Shaun Naidu / PUB. S. / (916) 319-3744