Amended in Senate August 31, 2015

Amended in Senate August 18, 2015

Amended in Assembly May 28, 2015

Amended in Assembly May 4, 2015

Amended in Assembly April 22, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1140

Introduced by Assembly Member Bonta

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(Principal coauthors: Senators Hancock and Nielsen)

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February 27, 2015

An act to amend Sections 13952, 13954, 13955, 13956, 13957, 13957.5, 13957.7, 13957.9, 13959, 13963, 13965, 13971, 13972, and 13973 of the Government Code, and to amend Sections begin insert 1202.4 and end insert 2085.5 begin delete and 4904 end delete of the Penal Code, relating to begin delete the California Victim Compensation and Government Claims Board, end delete begin insert crime victims, end insert and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 1140, as amended, Bonta. begin delete California Victim Compensation and Government Claims Board. end delete begin insert Crime victims. end insert

(1) Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation and Government Claims Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law sets forth eligibility requirements and limits on the amount of compensation the board may award, and requires the application for compensation to be verified under penalty of perjury. Existing law authorizes the board to recognize an authorized representative of a victim or derivative victim, including an attorney, the legal guardian, conservator, immediate family member, parent, or relative caregiver, certified victim assistance advocate, county social worker, or other persons, as specified, to represent the victim or derivative victim pursuant to rules adopted by the board.

This bill would expand the term “authorized representative” to mean any person designated by law or any person who has written authorization by the victim or derivative victim, excluding a medical or mental health provider who has provided services to the victim or derivative victim. begin insert The bill would require the initial application materials sent by the board to an applicant to be written in English, Spanish, Chinese, Vietnamese, Korean, East Armenian, Tagalog, Russian, Arabic, Farsi, Hmong, Khmer, Punjabi, and Lao, and further require, if the applicant selects one of these languages, the board to send all subsequent communications in that language. end insert

(2) Existing law requires the board to verify any information it deems pertinent to an application for compensation, and requires the victim and the applicant, if other than the victim, to cooperate with the staff of the board or a victim and witness assistance center in this task. Existing law authorizes the board to reject an application solely on the basis that the victim or applicant failed to cooperate as required.

This bill would instead require the applicant to cooperate in verifying the application and would specify the circumstances under which an applicant may be found to have failed to cooperate with the board. begin insert The bill would prohibit the board from requiring an applicant to submit documentation from the Internal Revenue Service, the Franchise Tax Board, the State Board of Equalization, the Social Security Administration, or the Employment Development Department to determine eligibility for compensation, but would specifically authorize the board to require and use documentation from these entities to verify the amount of compensation for income or support loss. end insert

(3) Existing law requires every law enforcement and social service agency in the state to provide to the board or to a contracted victim center reports involving the crime, public offense, or incident giving rise to a claim, for the specific purpose of the submission of a claim or the determination of eligibility to submit a claim.

This bill would instead require law enforcement and social service agencies to provide a complete copy of the law enforcement report and other supplemental reports and documents for the purpose of determining the eligibility of a claim.

(4) Existing law requires a victim or derivative victim seeking compensation to have sustained one or more specified physical or emotional injuries, or pecuniary losses, as a direct result of the crime. Existing law includes among those injuries emotional injury that occurred due to a violation of provisions prohibiting child abduction, as specified, if the deprivation of custody endured for 30 calendar days or more.

This bill would include among those injuries emotional injury that occurred due to a violation of provisions prohibiting publishing or disseminating via an electronic communication device personal identifying information or a digital image of another person, without consent of the other person, and for the purpose of causing that other person injury or harassment, by a 3rd party. The bill would also require, in the case of emotional injury caused by a child abduction, only that criminal charges were filed.

The bill would also include among those injuries emotional injury to a minor victim that incurred as a direct result of the nonconsensual distribution of pictures or video of sexual conduct in which the minor appears. The bill would limit compensation for this type of injury to mental health counseling for the victim, and prohibit compensation to a derivative victim in this regard.

(5) Existing law, until January 1, 2017, authorizes the board to reimburse a crime victim or derivative victim for the amount of outpatient violence peer counseling-related expenses incurred by the victim or derivative victim from, among others, a service organization for victims of violent crime, as specified, and defines the term “violence peer counselor” as a provider of formal or informal counseling services who is employed by a service organization for victims of violent crime and meets specified requirements, including, among others, that he or she possesses at least 6 months of full-time equivalent experience in providing peer support services.

This bill would specify that a service organization for victims of violent crime is a nonprofit and charitable organization instead of a nongovernmental organization. The bill would require that any peer counseling services that fall under the scope of practice of certain acts, including, among others, the Clinical Social Worker Practice Act, be performed by a licensee or a registrant of the Board of Behavioral Sciences or other appropriately licensed professional unless in an exempt setting. The bill would change the definition of “violence peer counselor” to a provider of supportive and begin insert peer end insert nonpsychotherapeutic counseling services.

(6) Existing law requires the board to deny an application if it finds that the victim or derivative victim knowingly and willingly participated in the commission of the crime that resulted in the pecuniary loss for which compensation is being sought, except as specified.

This bill would instead authorize an application for compensation to be denied, in whole or in part, if the board finds that denial is appropriate based upon consideration of specified factors in determining the nature of the victim’s or other applicant’s involvement in the events leading to the crime, or the involvement of the person whose injury or death gives rise to the application, and specified factors that may be considered to mitigate or overcome that involvement.

(7) Existing law requires an application to be denied if the victim failed to cooperate reasonably with law enforcement in apprehending and convicting the person who committed the crime.

This bill would prohibit a victim of domestic violence from being determined to have failed to cooperate based on his or her conduct with law enforcement at the scene of the crime, and would prohibit lack of cooperation from being found solely because a victim of sexual assault, domestic violence, or human trafficking delayed reporting the qualifying crime. The bill would also prohibit a claim based on a sexual assault from being denied solely because a police report was not made by the victim. The bill would require the board to adopt guidelines that allow it to consider and approve applications for assistance based on a sexual assault relying upon evidence other than a police report to establish that a sexual assault crime has occurred.

(8) Existing law prohibits any person who is convicted of a felony from being granted compensation until he or she has been discharged from probation or has been released from a correctional institution, and has been discharged from parole, if any. Existing law prohibits compensation from being granted to an applicant being held in a correctional institution. Existing law prioritizes the applications of victims who are not felons over those who are felons who have been discharged from probation or have been released from a correctional institution, and have been discharged from parole.

This bill would instead prohibit any person who is convicted of a violent felony, as specified, from being granted compensation until he or she is discharged from probation or released from a correctional institution, and discharged from parole, or until he or she is discharged from postrelease community supervision or mandatory supervision. This bill would also prohibit compensation from being granted to an applicant while he or she is required to be registered as a sex offender. This bill would remove provisions prioritizing the applications of victims who are not felons.

(9) Existing law authorizes derivative victims, including parents and siblings, of a victim of a crime that directly led to the death of the victim, to be reimbursed for the expense of their outpatient mental health counseling.

This bill would include grandparents and grandchildren among those derivative victims who are eligible to be reimbursed for their mental health counseling. Because an application for reimbursement is required to be submitted under penalty of perjury, this bill would expand the definition of a crime and thus impose a state-mandated local program.

(10) Existing law limits the reimbursement amount for outpatient mental health counseling of a victim of a crime of unlawful intercourse with a minor in which a person 21 years of age or older engaged in an act of unlawful sexual intercourse with a minor who was under 16 years of age to an amount not exceeding $5,000. Existing law prohibits a derivative victim of that crime from being eligible to receive reimbursement for mental health counseling expenses.

This bill would remove provisions limiting this reimbursement of a victim of a crime of unlawful intercourse with a minor, as described above, and remove provisions prohibiting a derivative victim of that crime from being eligible to receive reimbursement for mental health counseling expenses.

(11) Existing law authorizes the board to grant reimbursement for pecuniary loss of the expense of nonmedical remedial care and treatment rendered in accordance with a religious method of healing recognized by state law if it determines it will best aid the person seeking compensation.

This bill would remove this provision authorizing reimbursement for this type of care or treatment.

(12) Existing law authorizes the board to grant for pecuniary loss if it determines it will best aid the person seeking compensation reimbursement for the expense of installing or increasing residential security, if it receives verification by law enforcement that the security measures are necessary for the personal safety of the claimant or verification by a mental health treatment provider that the security measures are necessary for the emotional well-being of the claimant.

This bill would remove the provisions requiring the verification by law enforcement or a mental health treatment provider described above.

(13) Existing law also allows reimbursement for renovating or retrofitting a victim’s residence or vehicle for a victim permanently disabled by the crime, as specified.

The bill would also allow reimbursement for the purchase of a vehicle for a victim permanently disabled by the crime.

(14) Existing law authorizes the board to provide a cash payment to a victim for expenses incurred in relocating, as specified, and requires a victim of sexual assault or domestic violence, who receives a relocation payment to, among other things, agree not to allow the offender on the premises at any time. Existing law also authorizes the board to provide reimbursement to any 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 inside a residence in an amount not to exceed begin delete $1,000. end delete begin insert $1,000, or a crime victim’s funeral or burial expenses, up to $7,500, as specified. end insert

This bill would authorize the board to require a victim to repay the relocation payment or reimbursement to the board if he or she violates those terms. The bill would also require the board to be named as the recipient of funds upon the expiration of a rental agreement if a security deposit was required for a relocation.

This bill would also authorize the board to reimburse any individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay the reasonable costs for a trauma scene waste practitioner to clean the scene of the crime if the crime occurred inside a vehicle. begin insert The bill would prohibit the board from creating or complying with a regulation or policy that mandates a lower maximum potential amount of an award for the compensation of a crime victim’s funeral or burial expenses than prescribed by statute. end insert

(15) Existing law authorizes the board to pay attorney’s fees for legal services rendered to an applicant, in an amount equal to 10% of the amount of the award, or $500, whichever is less, for each victim and each derivative victim.

This bill would authorize the board to request that an attorney provide verification, and to contact an applicant to verify, that legal services were provided.

(16) Existing law requires the board to grant a hearing to an applicant who contests a staff recommendation to deny compensation. Existing law requires the board to schedule the hearing in as convenient a location as possible if the applicant’s presence is required. Existing law authorizes the board to grant no more than one request for reconsideration with respect to any one decision on an application for compensation.

This bill would also authorize the hearing to be conducted by telephone. The bill would also prohibit evidence submitted after the board has denied a request for reconsideration from being considered unless the board chooses to reconsider its decision on its own motion.

(17) Existing law provides that the board is entitled to a lien on any judgment, award, or settlement in favor of or on behalf of the recipient for losses suffered as a direct result of the crime that was the basis for receipt of compensation in the amount of the compensation granted by the board. If a claim is filed within one year of the date of recovery, the board is required to pay 25% of the amount of the recovery that is subject to a lien on the judgment, award, or settlement, to the recipient responsible for recovery thereof from the perpetrator of the crime, provided that the total amount of the lien is recovered and the remaining 75% is deposited in the Restitution Fund, a continuously appropriated fund.

This bill would instead require the board to pay 25% of the amount of the recovery that is subject to a lien on the judgment, award, or settlement, to the recipient responsible for recovery only if the recipient notified the board of the action prior to receiving any recovery with the remainder being deposited into the Restitution Fund. By increasing deposits to be made to a continuously appropriated fund, this bill would make an appropriation.

(18) Under existing law, a person who has been overpaid pursuant to these provisions governing victim compensation is liable for that amount, except as specified.

This bill would require that all actions to collect overpayments be commenced within 7 years of the date of the overpayment, except as specified. The bill would also authorize any recipient of an overpayment to contest the related staff recommendation.

(19) Existing law authorizes a private citizen, his or her surviving spouse, his or her surviving children, or a person dependent upon the citizen for his or her principal support to file a claim for indemnification, as specified, if the private citizen incurred personal injury, death, or damage to his or her property in preventing the commission of a crime, in apprehending a criminal, or rescuing a person in immediate danger of injury or death as a result of fire, drowning, or other catastrophe. Existing law defines “private citizen” for this and related provisions as a natural person except as specified.

This bill would also authorize any person who is legally liable for the citizen’s pecuniary losses to file a claim for indemnification. This bill would revise the definition of “private citizen” to mean a person, except as specified.

(20) Existing law provides that if a parolee or a prisoner owes a specified order of restitution, any moneys owing are collected from the parolee or prisoner, as specified, and transferred to the California Victim Compensation and Government Claims Board for direct payment to the victim. Existing law requires that the victim be paid within 60 days from the date the restitution revenues are received, however, the restitution payment need not be forwarded to that victim unless it is $50 or more, or until 180 days from the date the first payment is received, whichever occurs sooner.

This bill would provide instead that the payment need not be forwarded to the victim until it is $25 or more, or the victim requests payment of the lesser amount.

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(21) Existing law requires, if the evidence shows that the crime with which the claimant was charged was either not committed at all, or, if committed, was not committed by the claimant, and that the claimant has sustained pecuniary injury through his or her erroneous conviction and imprisonment, the California Victim Compensation and Government Claims Board to report the facts of the case and its conclusions to the next Legislature with recommendation that an appropriation be made by the Legislature for the purpose of indemnifying the claimant for the pecuniary injury. Existing law further requires that the amount of the appropriation recommended be a sum equivalent to $100 per day of incarceration served after the claimant’s conviction and that the appropriation not be treated as gross income to the recipient under the Revenue and Taxation Code.

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This bill would remove the requirement that a sustained injury be a pecuniary injury and increase the amount of the recommended appropriation to $140 per day of incarceration served, including any time spent in custody in county jail that is considered to be part of the term of incarceration.

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(21) Existing law requires board hearings to be informal and authorizes these hearings to not be conducted according to the technical rules relating to evidence and witnesses.

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This bill would require the board to allow a service animal to accompany and support a witness while testifying at a board hearing.

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(22) Existing law requires the court to order a person who is convicted of a crime to pay restitution to the victim or victims for the full amount of economic loss, unless the court finds compelling and extraordinary reasons for not doing so and states them on the record. Existing law provides the defendant the right to a hearing before a judge to dispute the determination of the amount of restitution and authorizes the court to modify the amount of restitution.

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This bill would authorize a victim at a restitution or modification hearing to testify by live, 2-way audio and video transmission, if that type of transmission is available at the court.

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(22)

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begin insert (23) end insert  The bill would make other conforming and nonsubstantive changes.

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(23)

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begin insert (24) end insert  By expanding the authorizations for use of moneys in the Restitution Fund, a continuously appropriated fund, this bill would make an appropriation.

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(24)

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begin insert (25) end insert  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: ²⁄₃. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 13952 of the Government Code is
amended to read:

13952.  

(a) An application for compensation shall be filed with
the board in the manner determined by the board.

(b) (1) The application for compensation shall be verified under
penalty of perjury by the individual who is seeking compensation,
who may be the victim or derivative victim, or an individual
seeking reimbursement for burial, funeral, or crime scene cleanup
expenses pursuant to subdivision (a) of Section 13957. If the
individual seeking compensation is a minor or is incompetent, the
application shall be verified under penalty of perjury or on
information and belief by the parent with legal custody, guardian,
conservator, or relative caregiver of the victim or derivative victim
for whom the application is made. However, if a minor seeks
compensation only for expenses for medical, medical-related,
psychiatric, psychological, or other mental health
counseling-related services and the minor is authorized by statute
to consent to those services, the minor may verify the application
for compensation under penalty of perjury.

(2) For purposes of this subdivision, “relative caregiver” means
a relative as defined in paragraph (2) of subdivision (h) of Section
6550 of the Family Code, who assumed primary responsibility for
the child while the child was in the relative’s care and control, and
who is not a biological or adoptive parent.

(c) (1) The board may require submission of additional
information supporting the application that is reasonably necessary
to verify the application and determine eligibility for compensation.

(2) The staff of the board shall determine whether an application
for compensation contains all of the information required by the
board. If the staff determines that an application does not contain
all of the required information, the staff shall communicate that
determination to the applicant with a brief statement of the
additional information required. The applicant, within 30 calendar
days of being notified that the application is incomplete, may either
supply the additional information or appeal the staff’s
determination to the board, which shall review the application to
determine whether it is complete.

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(3) The board shall not require an applicant to submit
documentation from the Internal Revenue Service, the Franchise
Tax Board, the State Board of Equalization, the Social Security
Administration, or the Employment Development Department to
determine eligibility for compensation. The board may require
and use documentation from these entities to verify the amount of
compensation for income or support loss.

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(d) (1) The board may recognize an authorized representative
of the victim or derivative victim, who shall represent the victim
or derivative victim pursuant to rules adopted by the board.

(2) For purposes of this subdivision, “authorized representative”
means any of the following:

(A)  Any person who has written authorization by the victim or
derivative victim. However, a medical or mental health provider,
or agent of the medical or mental health provider, who has provided
services to the victim or derivative victim shall not be allowed to
be an authorized representative.

(B) Any person designated by law including, but not limited to,
a legal guardian, conservator, or social worker.

(3) Except for attorney’s fees awarded under this chapter, no
authorized representative described in paragraph (2) shall charge,
demand, receive, or collect any amount for services rendered under
this subdivision.

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(4) The initial application materials sent by the board to an
applicant shall be written in English, Spanish, Chinese,
Vietnamese, Korean, East Armenian, Tagalog, Russian, Arabic,
Farsi, Hmong, Khmer, Punjabi, and Lao. If the applicant selects
one of the languages listed in this subdivision, the board shall send
all subsequent communications in that language.

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SEC. 2.  

Section 13954 of the Government Code is amended
to read:

13954.  

(a) The board shall verify with hospitals, physicians,
law enforcement officials, or other interested parties involved, the
treatment of the victim or derivative victim, circumstances of the
crime, amounts paid or received by or for the victim or derivative
victim, and any other pertinent information deemed necessary by
the board. Verification information shall be returned to the board
within 10 business days after a request for verification has been
made by the board. Verification information shall be provided at
no cost to the applicant, the board, or victim centers. When
requesting verification information, the board shall certify that a
signed authorization by the applicant is retained in the applicant’s
file and that this certification constitutes actual authorization for
the release of information, notwithstanding any other provision of
law. If requested by a physician or mental health provider, the
board shall provide a copy of the signed authorization for the
release of information.

(b) (1) The applicant shall cooperate with the staff of the board
or the victim center in the verification of the information contained
in the application. Failure to cooperate shall be reported to the
board, which, in its discretion, may reject the application solely
on this ground.

(2) An applicant may be found to have failed to cooperate with
the board if any of the following occur:

(A) The applicant has information, or there is information that
he or she may reasonably obtain, that is needed to process the
application or supplemental claim, and the applicant failed to
provide the information after being requested to do so by the board.
The board shall take the applicant’s economic, psychosocial, and
postcrime traumatic circumstances into consideration, and shall
not unreasonably reject an application solely for failure to provide
information.

(B) The applicant provided, or caused another to provide, false
information regarding the application or supplemental claim.

(C) The applicant refused to apply for other benefits potentially
available to him or her from other sources besides the board
including, but not limited to, worker’s compensation, state
disability insurance, social security benefits, and unemployment
insurance.

(D) The applicant threatened violence or bodily harm to a
member of the board or staff.

(c) The board may contract with victim centers to provide
verification of applications processed by the centers pursuant to
conditions stated in subdivision (a). The board and its staff shall
cooperate with the Office of Criminal Justice Planning and victim
centers in conducting training sessions for center personnel and
shall cooperate in the development of standardized verification
procedures to be used by the victim centers in the state. The board
and its staff shall cooperate with victim centers in disseminating
standardized board policies and findings as they relate to the
centers.

(d) (1) Notwithstanding Section 827 of the Welfare and
Institutions Code or any other provision of law, every law
enforcement and social service agency in the state shall provide
to the board or to victim centers that have contracts with the board
pursuant to subdivision (c), upon request, a complete copy of the
law enforcement report and any supplemental reports involving
the crime or incident giving rise to a claim, a copy of a petition
filed in a juvenile court proceeding, reports of the probation officer,
and any other document made available to the probation officer
or to the judge, referee, or other hearing officer, for the specific
purpose of determining the eligibility of a claim filed pursuant to
this chapter.

(2)  The board and victim centers receiving records pursuant to
this subdivision may not disclose a document that personally
identifies a minor to anyone other than the minor who is so
identified, his or her custodial parent or guardian, the attorneys
for those parties, and any other persons that may be designated by
court order. Any information received pursuant to this section shall
be received in confidence for the limited purpose for which it was
provided and may not be further disseminated. A violation of this
subdivision is a misdemeanor punishable by a fine not to exceed
five hundred dollars ($500).

(3) The law enforcement agency supplying information pursuant
to this section may withhold the names of witnesses or informants
from the board, if the release of those names would be detrimental
to the parties or to an investigation in progress.

(e) Notwithstanding any other provision of law, every state
agency, upon receipt of a copy of a release signed in accordance
with the Information Practices Act of 1977 (Chapter 1
(commencing with Section 1798) of Title 1.8 of Part 4 of Division
3 of the Civil Code) by the applicant or other authorized
representative, shall provide to the board or victim center the
information necessary to complete the verification of an application
filed pursuant to this chapter.

(f) The Department of Justice shall furnish, upon application of
the board, all information necessary to verify the eligibility of any
applicant for benefits pursuant to subdivision (c) of Section 13956,
to recover any restitution fine or order obligations that are owed
to the Restitution Fund or to any victim of crime, or to evaluate
the status of any criminal disposition.

(g) A privilege is not waived under Section 912 of the Evidence
Code by an applicant consenting to disclosure of an otherwise
privileged communication if that disclosure is deemed necessary
by the board for verification of the application.

(h) Any verification conducted pursuant to this section shall be
subject to the time limits specified in Section 13958.

(i) 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. County social workers
acting in this capacity shall not be required to sign a promise of
repayment to the board.

SEC. 3.  

Section 13955 of the Government Code is amended
to read:

13955.  

Except as provided in Section 13956, a person shall be
eligible for compensation when all of the following requirements
are met:

(a) The person for whom compensation is being sought is any
of the following:

(1) A victim.

(2) A derivative victim.

(3) (A) A person who is entitled to reimbursement for funeral,
burial, or crime scene cleanup expenses pursuant to paragraph (9)
or (10) of subdivision (a) of Section 13957.

(B) This paragraph applies without respect to any felon status
of the victim.

(b) Either of the following conditions is met:

(1) The crime occurred in California. This paragraph shall apply
only during those time periods during which the board determines
that federal funds are available to the state for the compensation
of victims of crime.

(2) Whether or not the crime occurred in California, the victim
was any of the following:

(A) A resident of California.

(B) A member of the military stationed in California.

(C) A family member living with a member of the military
stationed in California.

(c) If compensation is being sought for a derivative victim, the
derivative victim is a resident of California, or any other state, who
is any of the following:

(1) At the time of the crime was the parent, grandparent, sibling,
spouse, child, or grandchild of the victim.

(2) At the time of the crime was living in the household of the
victim.

(3) At the time of the crime was a person who had previously
lived in the household of the victim for a period of not less than
two years in a relationship substantially similar to a relationship
listed in paragraph (1).

(4) Is another family member of the victim, including, but not
limited to, the victim’s fiancé or fiancée, and who witnessed the
crime.

(5) Is the primary caretaker of a minor victim, but was not the
primary caretaker at the time of the crime.

(d) The application is timely pursuant to Section 13953.

(e) (1) Except as provided in paragraph (2), the injury or death
was a direct result of a crime.

(2) Notwithstanding paragraph (1), no act involving the
operation of a motor vehicle, aircraft, or water vehicle that results
in injury or death constitutes a crime for the purposes of this
chapter, except when the injury or death from such an act was any
of the following:

(A) Intentionally inflicted through the use of a motor vehicle,
aircraft, or water vehicle.

(B) Caused by a driver who fails to stop at the scene of an
accident in violation of Section 20001 of the Vehicle Code.

(C) Caused by a person who is under the influence of any
alcoholic beverage or drug.

(D) Caused by a driver of a motor vehicle in the immediate act
of fleeing the scene of a crime in which he or she knowingly and
willingly participated.

(E) Caused by a person who commits vehicular manslaughter
in violation of subdivision (b) of Section 191.5, subdivision (c) of
Section 192, or Section 192.5 of the Penal Code.

(F) Caused by any party where a peace officer is operating a
motor vehicle in an effort to apprehend a suspect, and the suspect
is evading, fleeing, or otherwise attempting to elude the peace
officer.

(f) As a direct result of the crime, the victim or derivative victim
sustained one or more of the following:

(1) Physical injury. The board may presume a child who has
been the witness of a crime of domestic violence has sustained
physical injury. A child who resides in a home where a crime or
crimes of domestic violence have occurred may be presumed by
the board to have sustained physical injury, regardless of whether
the child has witnessed the crime.

(2) Emotional injury and a threat of physical injury.

(3) Emotional injury, where the crime was a violation of any of
the following provisions:

(A) Section 236.1, 261, 262, 271, 273a, 273d, 285, 286, 288,
288a, 288.5, 289, or 653.2, or subdivision (b) or (c) of Section
311.4, of the Penal Code.

(B) Section 270 of the Penal Code, where the emotional injury
was a result of conduct other than a failure to pay child support,
and criminal charges were filed.

(C) Section 261.5 of the Penal Code, and criminal charges were
filed.

(D) Section 278 or 278.5 of the Penal Code, and criminal
charges were filed. For purposes of this paragraph, the child, and
not the nonoffending parent or other caretaker, shall be deemed
the victim.

(4) Injury to, or the death of, a guide, signal, or service dog, as
defined in Section 54.1 of the Civil Code, as a result of a violation
of Section 600.2 or 600.5 of the Penal Code.

(5) Emotional injury to a victim who is a minor incurred as a
direct result of the nonconsensual distribution of pictures or video
of sexual conduct in which the minor appears.

(g) The injury or death has resulted or may result in pecuniary
loss within the scope of compensation pursuant to Sections 13957
to 13957.7, inclusive.

SEC. 4.  

Section 13956 of the Government Code is amended
to read:

13956.  

Notwithstanding Section 13955, a person shall not be
eligible for compensation under the following conditions:

(a) An application may be denied, in whole or in part, if the
board finds that denial is appropriate because of the nature of the
victim’s or other applicant’s involvement in the events leading to
the crime, or the involvement of the person whose injury or death
gives rise to the application.

(1) Factors that may be considered in determining whether the
victim or derivative victim was involved in the events leading to
the qualifying crime include, but are not limited to:

(A) The victim or derivative victim initiated the qualifying
crime, or provoked or aggravated the suspect into initiating the
qualifying crime.

(B) The qualifying crime was a reasonably foreseeable
consequence of the conduct of the victim or derivative victim.

(C) The victim or derivative victim was committing a crime
that could be charged as a felony and reasonably lead to him or
her being victimized. However, committing a crime shall not be
considered involvement if the victim’s injury or death occurred as
a direct result of a crime committed in violation of Section 261,
262, or 273.5 of, or for a crime of unlawful sexual intercourse with
a minor begin insert in end insert violation of subdivision (d) of Section 261.5 of, the
Penal Code.

(2) If the victim is determined to have been involved in the
events leading to the qualifying crime, factors that may be
considered to mitigate or overcome involvement include, but are
not limited to:

(A) The victim’s injuries were significantly more serious than
reasonably could have been expected based on the victim’s level
of involvement.

(B) A third party interfered in a manner not reasonably
foreseeable by the victim or derivative victim.

(C) The board shall consider the victim’s age, physical
condition, and psychological state, as well as any compelling health
and safety concerns, in determining whether the application should
be denied pursuant to this section. The application of a derivative
victim of domestic violence under 18 years of age or derivative
victim of trafficking under 18 years of age shall not be denied on
the basis of the denial of the victim’s application under this
subdivision.

(b) (1) An application shall be denied if the board finds that
the victim or, if compensation is sought by, or on behalf of, a
derivative victim, either the victim or derivative victim failed to
cooperate reasonably with a law enforcement agency in the
apprehension and conviction of a criminal committing the crime.
In determining whether cooperation has been reasonable, the board
shall consider the victim’s or derivative victim’s age, physical
condition, and psychological state, cultural or linguistic barriers,
any compelling health and safety concerns, including, but not
limited to, a reasonable fear of retaliation or harm that would
jeopardize the well-being of the victim or the victim’s family or
the derivative victim or the derivative victim’s family, and giving
due consideration to the degree of cooperation of which the victim
or derivative victim is capable in light of the presence of any of
these factors. A victim of domestic violence shall not be determined
to have failed to cooperate based on his or her conduct with law
enforcement at the scene of the crime. Lack of cooperation shall
also not be found solely because a victim of sexual assault,
domestic violence, or human trafficking delayed reporting the
qualifying crime.

(2) An application for a claim based on domestic violence shall
not be denied solely because a police report was not made by the
victim. The board shall adopt guidelines that allow the board to
consider and approve applications for assistance based on domestic
violence relying upon evidence other than a police report to
establish that a domestic violence crime has occurred. Factors
evidencing that a domestic violence crime has occurred may
include, but are not limited to, medical records documenting
injuries consistent with allegations of domestic violence, mental
health records, or that the victim has obtained a permanent
restraining order.

(3) An application for a claim based on a sexual assault shall
not be denied solely because a police report was not made by the
victim. The board shall adopt guidelines that allow it to consider
and approve applications for assistance based on a sexual assault
relying upon evidence other than a police report to establish that
a sexual assault crime has occurred. Factors evidencing that a
sexual assault crime has occurred may include, but are not limited
to, medical records documenting injuries consistent with allegations
of sexual assault, mental health records, or that the victim received
a sexual assault examination.

(4) An application for a claim based on human trafficking as
defined in Section 236.1 of the Penal Code shall not be denied
solely because no police report was made by the victim. The board
shall adopt guidelines that allow the board to consider and approve
applications for assistance based on human trafficking relying
upon evidence other than a police report to establish that a human
trafficking crime as defined in Section 236.1 of the Penal Code
has occurred. That evidence may include any reliable corroborating
information approved by the board, including, but not limited to,
the following:

(A) A Law Enforcement Agency Endorsement issued pursuant
to Section 236.2 of the Penal Code.

(B) A human trafficking begin delete caseworker end delete begin insert caseworker, end insert as identified
in Section 1038.2 of the Evidence Code, has attested by affidavit
that the individual was a victim of human trafficking.

(5) (A) An application for a claim by a military personnel victim
based on a sexual assault by another military personnel shall not
be denied solely because it was not reported to a superior officer
or law enforcement at the time of the crime.

(B) Factors that the board shall consider for purposes of
determining if a claim qualifies for compensation include, but are
not limited to, the evidence of the following:

(i) Restricted or unrestricted reports to a military victim
advocate, sexual assault response coordinator, chaplain, attorney,
or other military personnel.

(ii) Medical or physical evidence consistent with sexual assault.

(iii) A written or oral report from military law enforcement or
a civilian law enforcement agency concluding that a sexual assault
crime was committed against the victim.

(iv) A letter or other written statement from a sexual assault
counselor, as defined in Section 1035.2 of the Evidence Code,
licensed therapist, or mental health counselor, stating that the
victim is seeking services related to the allegation of sexual assault.

(v) A credible witness to whom the victim disclosed the details
that a sexual assault crime occurred.

(vi) A restraining order from a military or civilian court against
the perpetrator of the sexual assault.

(vii) Other behavior by the victim consistent with sexual assault.

(C) For purposes of this subdivision, the sexual assault at issue
shall have occurred during military service, including deployment.

(D) For purposes of this subdivision, the sexual assault may
have been committed off base.

(E) For purposes of this subdivision, a “perpetrator” means an
individual who is any of the following at the time of the sexual
assault:

(i) An active duty military personnel from the United States
Army, Navy, Marine Corps, Air Force, or Coast Guard.

(ii) A civilian employee of any military branch specified in
clause (i), military base, or military deployment.

(iii) A contractor or agent of a private military or private security
company.

(iv) A member of the California National Guard.

(F) For purposes of this subdivision, “sexual assault” means an
offense included in Section 261, 262, 264.1, 286, 288a, or 289 of
the Penal Code, as of the date the act that added this paragraph
was enacted.

(c) (1) Notwithstanding Section 13955, no person who is
convicted of a violent felony listed in subdivision (c) of Section
667.5 of the Penal Code may be granted compensation until that
person has been discharged from probation or has been released
from a correctional institution and has been discharged from parole,
or has been discharged from postrelease community supervision
or mandatory supervision, if any, for that violent crime. In no case
shall compensation be granted to an applicant pursuant to this
chapter during any period of time the applicant is held in a
correctional institution, or while an applicant is required to register
as a sex offender pursuant to Section 290 of the Penal Code.

(2) A person who has been convicted of a violent felony listed
in subdivision (c) of Section 667.5 of the Penal Code may apply
for compensation pursuant to this chapter at any time, but the award
of that compensation may not be considered until the applicant
meets the requirements for compensation set forth in paragraph
(1).

SEC. 5.  

Section 13957 of the Government Code is amended
to read:

13957.  

(a) The board may grant for pecuniary loss, when the
board determines it will best aid the person seeking compensation,
as follows:

(1) Subject to the limitations set forth in Section 13957.2,
reimburse the amount of medical or medical-related expenses
incurred by the victim for services that were provided by a licensed
medical provider, including, but not limited to, eyeglasses, hearing
aids, dentures, or any prosthetic device taken, lost, or destroyed
during the commission of the crime, or the use of which became
necessary as a direct result of the crime.

(2) Subject to the limitations set forth in Section 13957.2,
reimburse the amount of outpatient psychiatric, psychological, or
other mental health counseling-related expenses incurred by the
victim or derivative victim, including peer counseling services
provided by a rape crisis center as defined by Section 13837 of
the Penal Code, and including family psychiatric, psychological,
or mental health counseling for the successful treatment of the
victim provided to family members of the victim in the presence
of the victim, whether or not the family member relationship
existed at the time of the crime, that became necessary as a direct
result of the crime, subject to the following conditions:

(A) The following persons may be reimbursed for the expense
of their outpatient mental health counseling in an amount not to
exceed ten thousand dollars ($10,000):

(i) A victim.

(ii) A derivative victim who is the surviving parent, grandparent,
sibling, child, grandchild, spouse, fiancé, or fiancée of a victim of
a crime that directly resulted in the death of the victim.

(iii) A derivative victim, as described in paragraphs (1) to (4),
inclusive, of subdivision (c) of Section 13955, who is the primary
caretaker of a minor victim whose claim is not denied or reduced
pursuant to Section 13956 in a total amount not to exceed ten
thousand dollars ($10,000) for not more than two derivative
victims.

(B) The following persons may be reimbursed for the expense
of their outpatient mental health counseling in an amount not to
exceed five thousand dollars ($5,000):

(i) A derivative victim not eligible for reimbursement pursuant
to subparagraph (A), provided that mental health counseling of a
derivative victim described in paragraph (5) of subdivision (c) of
Section 13955, shall be reimbursed only if that counseling is
necessary for the treatment of the victim.

(ii) A minor who suffers emotional injury as a direct result of
witnessing a violent crime and who is not eligible for
reimbursement of the costs of outpatient mental health counseling
under any other provision of this chapter. To be eligible for
reimbursement under this clause, the minor must have been in
close proximity to the victim when he or she witnessed the crime.

(C) The board may reimburse a victim or derivative victim for
outpatient mental health counseling in excess of that authorized
by subparagraph (A) or (B) or for inpatient psychiatric,
psychological, or other mental health counseling if the claim is
based on dire or exceptional circumstances that require more
extensive treatment, as approved by the board.

(D) Expenses for psychiatric, psychological, or other mental
health counseling-related services may be reimbursed only if the
services were provided by either of the following individuals:

(i) A person who would have been authorized to provide those
services pursuant to former Article 1 (commencing with Section
13959) as it read on January 1, 2002.

(ii) A person who is licensed in California to provide those
services, or who is properly supervised by a person who is licensed
in California to provide those services, subject to the board’s
approval and subject to the limitations and restrictions the board
may impose.

(3) Subject to the limitations set forth in Section 13957.5,
authorize 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 or derivative victim’s injury or the victim’s
death. If the victim or derivative victim requests that the board
give priority to reimbursement of loss of income or support, the
board may not pay medical expenses, or mental health counseling
expenses, except upon the request of the victim or derivative victim
or after determining that payment of these expenses will not
decrease the funds available for payment of loss of income or
support.

(4) Authorize a cash payment to or on behalf of the victim for
job retraining or similar employment-oriented services.

(5) Reimburse the expense of installing or increasing residential
security, not to exceed one thousand dollars ($1,000). Installing
or increasing residential security may include, but need not be
limited to, both of the following:

(A) Home security device or system.

(B) Replacing or increasing the number of locks.

(6) Reimburse the expense of renovating or retrofitting a
victim’s residence, or the expense of modifying or purchasing a
vehicle, to make the residence or the vehicle accessible or
operational by a victim upon verification that the expense is
medically necessary for a victim who is permanently disabled as
a direct result of the crime, whether the disability is partial or total.

(7) (A) Authorize a cash payment or reimbursement not to
exceed two thousand dollars ($2,000) to a victim for expenses
incurred in relocating, if the expenses are determined 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.

(B) The cash payment or reimbursement made under this
paragraph shall only be awarded to one claimant per crime giving
rise to the relocation. The board may authorize more than one
relocation per crime if necessary for the personal safety or
emotional well-being of the claimant. However, the total cash
payment or reimbursement for all relocations due to the same crime
shall not exceed two thousand dollars ($2,000). For purposes of
this paragraph a claimant is the crime victim, or, if the victim is
deceased, a person who resided with the deceased at the time of
the crime.

(C) The board may, under compelling circumstances, award a
second cash payment or reimbursement to a victim for another
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.

(ii) The crime does not involve the same offender.

(D) When a relocation payment or reimbursement is provided
to a victim of sexual assault or domestic violence and the identity
of the offender is known to the victim, the victim shall agree not
to inform the offender of the location of the victim’s new residence
and not to allow the offender on the premises at any time, or shall
agree to seek a restraining order against the offender. A victim
may be required to repay the relocation payment or reimbursement
to the board if he or she violates the terms set forth in this
paragraph.

(E) Notwithstanding subparagraphs (A) and (B), the board may
increase the cash payment or reimbursement for expenses incurred
in relocating to an amount greater than two thousand dollars
($2,000), if the board finds this amount is appropriate due to the
unusual, dire, or exceptional circumstances of a particular claim.

(F) If a security deposit is required for relocation, the board
shall be named as the recipient and receive the funds upon
expiration of the victim’s rental agreement.

(8) When a victim dies as a result of a crime, the board may
reimburse any individual who voluntarily, and without anticipation
of personal gain, pays or assumes the obligation to pay any of the
following expenses:

(A) The medical expenses incurred as a direct result of the crime
in an amount not to exceed the rates or limitations established by
the board.

(B) The funeral and burial expenses incurred as a direct result
of the crime, not to exceed seven thousand five hundred dollars
($7,500). begin insert The board shall not create or comply with a regulation
or policy that mandates a lower maximum potential amount of an
award pursuant to this subparagraph for less than seven thousand
five hundred dollars ($7,500). end insert

(9) When the crime occurs in a residence or inside a vehicle,
the board may reimburse any 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 one thousand dollars ($1,000).
Services reimbursed pursuant to this subdivision shall be performed
by persons registered with the State Department of Public Health
as trauma scene waste practitioners in accordance with Chapter
9.5 (commencing with Section 118321) of Part 14 of Division 104
of the Health and Safety Code.

(10) When the crime is a violation of Section 600.2 or 600.5 of
the Penal Code, the board may reimburse the expense of veterinary
services, replacement costs, or other reasonable expenses, as
ordered by the court pursuant to Section 600.2 or 600.5 of the
Penal Code, in an amount not to exceed ten thousand dollars
($10,000).

(11) An award of compensation pursuant to paragraph (5) of
subdivision (f) of Section 13955 shall be limited to compensation
to provide mental health counseling and shall not limit the
eligibility of a victim for an award that he or she may be otherwise
entitled to receive under this part. A derivative victim shall not be
eligible for compensation under this provision.

(b) The total award to or on behalf of each victim or derivative
victim may not exceed thirty-five thousand dollars ($35,000),
except that this award may be increased to an amount not exceeding
seventy thousand dollars ($70,000) if federal funds for that increase
are available.

SEC. 6.  

Section 13957.5 of the Government Code is amended
to read:

13957.5.  

(a) In authorizing compensation for loss of income
and support pursuant to paragraph (3) of subdivision (a) of Section
13957, the board may take any of the following actions:

(1) Compensate the victim for loss of income directly resulting
from the injury, except that loss of income may not be paid by the
board for more than five years following the crime, unless the
victim is disabled as defined in Section 416(i) of Title 42 of the
United States Code, as a direct result of the injury.

(2) Compensate an adult derivative victim for loss of income,
subject to all of the following:

(A) The derivative victim is the parent or legal guardian of a
victim, who at the time of the crime was under the age of 18 years
and is hospitalized as a direct result of the crime.

(B) The minor victim’s treating physician certifies in writing
that the presence of the victim’s parent or legal guardian at the
hospital is necessary for the treatment of the victim.

(C) Reimbursement for loss of income under this paragraph
may not exceed the total value of the income that would have been
earned by the adult derivative victim during a 30-day period.

(3) Compensate an adult derivative victim for loss of income,
subject to all of the following:

(A) The derivative victim is the parent or legal guardian of a
victim who at the time of the crime was under the age of 18 years.

(B) The victim died as a direct result of the crime.

(C) The board shall pay for loss of income under this paragraph
for not more than 30 calendar days from the date of the victim’s
death.

(4) Compensate a derivative victim who was legally dependent
on the victim at the time of the crime for the loss of support
incurred by that person as a direct result of the crime, subject to
both of the following:

(A) Loss of support shall be paid by the board for income lost
by an adult for a period up to, but not more than, five years
following the date of the crime.

(B) Loss of support shall not be paid by the board on behalf of
a minor for a period beyond the child’s attaining the age of 18
years.

(b) The total amount payable to all derivative victims pursuant
to this section as the result of one crime may not exceed seventy
thousand dollars ($70,000).

SEC. 7.  

Section 13957.7 of the Government Code is amended
to read:

13957.7.  

(a) No reimbursement may be made for any expense
that is submitted more than three years after it is incurred by the
victim or derivative victim. However, reimbursement may be made
for an expense submitted more than three years after the date it is
incurred if the victim or derivative victim has affirmed the debt
and is liable for the debt at the time the expense is submitted for
reimbursement, or has paid the expense as a direct result of a crime
for which a timely application has been filed or has paid the
expense as a direct result of a crime for which an application has
been filed and approved.

(b) Compensation made pursuant to this chapter may be on a
one-time or periodic basis. If periodic, the board may increase,
reduce, or terminate the amount of compensation according to the
applicant’s need, subject to the maximum limits provided in this
chapter.

(c) (1) The board may authorize direct payment to a provider
of services that are reimbursable pursuant to this chapter and may
make those payments prior to verification. However, the board
may not, without good cause, authorize a direct payment to a
provider over the objection of the victim or derivative victim.

(2) Reimbursement on the initial claim for any psychological,
psychiatric, or mental health counseling services shall, if the
application has been approved, be paid by the board within 90
days of the date of receipt of the claim for payment, with
subsequent payments to be made to the provider within one month
of the receipt of a claim for payment.

(d) Payments for peer counseling services provided by a rape
crisis center may not exceed fifteen dollars ($15) for each hour of
services provided. Those services shall be limited to in-person
counseling for a period not to exceed 10 weeks plus one series of
facilitated support group counseling sessions.

(e) The board shall develop procedures to ensure that a victim
is using compensation for job retraining or relocation only for its
intended purposes. The procedures may include, but need not be
limited to, requiring copies of receipts, agreements, or other
documents as requested, or developing a method for direct
payment.

(f) Compensation granted pursuant to this chapter shall not
disqualify an otherwise eligible applicant from participation in any
other public assistance program.

(g) The board shall pay attorney’s fees representing the
reasonable value of legal services rendered to the applicant, in an
amount equal to 10 percent of the amount of the award, or five
hundred dollars ($500), whichever is less, for each victim and each
derivative victim. The board may request that an attorney provide
verification of legal services provided to an applicant and the board
may contact an applicant to verify that legal services were provided.
An attorney receiving fees from another source may waive the
right to receive fees under this subdivision. Payments under this
subdivision shall be in addition to any amount authorized or
ordered under subdivision (b) of Section 13960. An attorney may
not charge, demand, receive, or collect any amount for services
rendered in connection with any proceedings under this chapter
except as awarded under this chapter.

(h) A private nonprofit agency shall be reimbursed for its
services at the level of the normal and customary fee charged by
the private nonprofit agency to clients with adequate means of
payment for its services, except that this reimbursement may not
exceed the maximum reimbursement rates set by the board and
may be made only to the extent that the victim otherwise qualifies
for compensation under this chapter and that other reimbursement
or direct subsidies are not available to serve the victim.

SEC. 8.  

Section 13957.9 of the Government Code is amended
to read:

13957.9.  

(a)  In addition to the authorization provided in
Section 13957 and subject to the limitations set forth in Section
13957.2, the board may grant for pecuniary loss, when the board
determines it will best aid the person seeking compensation,
reimbursement of the amount of outpatient psychiatric,
psychological, or other mental health counseling-related expenses
incurred by the victim or derivative victim, including peer
counseling services provided by violence peer counseling services
provided by a service organization for victims of violent crime,
and including family psychiatric, psychological, or mental health
counseling for the successful treatment of the victim provided to
family members of the victim in the presence of the victim, whether
or not the family member relationship existed at the time of the
crime, that became necessary as a direct result of the crime, subject
to the following conditions:

(1) The following persons may be reimbursed for the expense
of their outpatient mental health counseling in an amount not to
exceed ten thousand dollars ($10,000):

(A) A victim.

(B) A derivative victim who is the surviving parent, sibling,
child, spouse, fiancé, or fiancée of a victim of a crime that directly
resulted in the death of the victim.

(C) A derivative victim, as described in paragraphs (1) to (4),
inclusive, of subdivision (c) of Section 13955, who is the primary
caretaker of a minor victim whose claim is not denied or reduced
pursuant to Section 13956 in a total amount not to exceed ten
thousand dollars ($10,000) for not more than two derivative
victims.

(2) The following persons may be reimbursed for the expense
of their outpatient mental health counseling in an amount not to
exceed five thousand dollars ($5,000):

(A) A derivative victim not eligible for reimbursement pursuant
to paragraph (1), provided that mental health counseling of a
derivative victim described in paragraph (5) of subdivision (c) of
Section 13955, shall be reimbursed only if that counseling is
necessary for the treatment of the victim.

(B) A victim of a crime of unlawful sexual intercourse with a
minor committed in violation of subdivision (d) of Section 261.5
of the Penal Code. A derivative victim of a crime committed in
violation of subdivision (d) of Section 261.5 of the Penal Code
shall not be eligible for reimbursement of mental health counseling
expenses.

(C) A minor who suffers emotional injury as a direct result of
witnessing a violent crime and who is not eligible for
reimbursement of the costs of outpatient mental health counseling
under any other provision of this chapter. To be eligible for
reimbursement under this clause, the minor must have been in
close proximity to the victim when he or she witnessed the crime.

(3) The board may reimburse a victim or derivative victim for
outpatient mental health counseling in excess of that authorized
by paragraph (1) or (2) or for inpatient psychiatric, psychological,
or other mental health counseling if the claim is based on dire or
exceptional circumstances that require more extensive treatment,
as approved by the board.

(4) Expenses for psychiatric, psychological, or other mental
health counseling-related services may be reimbursed only if the
services were provided by either of the following individuals:

(A) A person who would have been authorized to provide those
services pursuant to former Article 1 (commencing with Section
13959) as it read on January 1, 2002.

(B) A person who is licensed by the state to provide those
services, or who is properly supervised by a person who is so
licensed, subject to the board’s approval and subject to the
limitations and restrictions the board may impose.

(b) The total award to or on behalf of each victim or derivative
victim may not exceed thirty-five thousand dollars ($35,000),
except that this amount may be increased to seventy thousand
dollars ($70,000) if federal funds for that increase are available.

(c) For the purposes of this section, the following definitions
shall apply:

(1) “Service organization for victims of violent crime” means
a nonprofit and charitable organization that meets both of the
following criteria:

(A) Its primary mission is to provide services to victims of
violent crime.

(B) It provides programs or services to victims of violent crime
and their families, and other programs, whether or not a similar
program exists in an agency that provides additional services.

(2) “Violence peer counseling services” means counseling by
a violence peer counselor for the purpose of rendering advice or
assistance for victims of violent crime and their families. Any
violence peer counseling services that fall under the scope of
practice of the Licensed Marriage and Family Therapist Act
(Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code), the Educational Psychologist
Practice Act (Chapter 13.5 (commencing with Section 4989.10)
of Division 2 of the Business and Professions Code), the Clinical
Social Worker Practice Act (Chapter 14 (commencing with Section
4991) of Division 2 of the Business and Professions Code), and
the Licensed Professional Clinical Counselor Act (Chapter 16
(commencing with Section 4999.10) of Division 2 of the Business
and Professions Code), which are not performed in an exempt
setting as defined in Sections 4980.01, 4996.14, and 4999.22 of
the Business and Professions Code, shall only be performed by a
licensee or a registrant of the Board of Behavioral Sciences or
other appropriately licensed professional, such as a licensed
psychologist or board certified psychiatrist.

(3) “Violence peer counselor” means a provider of supportive
and begin insert peer end insert nonpsychotherapeutic counseling services who is
employed by a service organization for victims of violent crime,
whether financially compensated or not, and who meets all of the
following requirements:

(A) Possesses at least six months of full-time equivalent
experience in providing peer support services acquired through
employment, volunteer work, or as part of an internship experience.

(B) Completed a training program aimed at preparing an
individual who was once a mental health services consumer to use
his or her life experience with mental health treatment, combined
with other strengths and skills, to promote the mental health
recovery of other mental health services consumers who are in
need of peer-based services relating to recovery as a victim of a
violent crime.

(C) Possesses 40 hours of training on all of the following:

(i) The profound neurological, biological, psychological, and
social effects of trauma and violence.

(ii) Peace-building and violence prevention strategies, including,
but not limited to, conflict mediation and retaliation prevention
related to gangs and gang-related violence.

(iii) Post-traumatic stress disorder and vicarious trauma,
especially as related to gangs and gang-related violence.

(iv) Case management practices, including, but not limited to,
ethics and victim compensation advocacy.

(D) When providing violence peer counseling services, is
supervised by a marriage and family therapist licensed pursuant
to Chapter 13 (commencing with Section 4980) of Division 2 of
the Business and Professions Code, a licensed educational
psychologist licensed pursuant to Chapter 13.5 (commencing with
Section 4989.10) of Division 2 of the Business and Professions
Code, a clinical social worker licensed pursuant to Chapter 14
(commencing with Section 4991) of Division 2 of the Business
and Professions Code, or a licensed professional clinical counselor
licensed pursuant to Chapter 16 (commencing with Section
4999.10) of Division 2 of the Business and Professions Code. For
the purposes of this subparagraph, a licensed marriage and family
therapist, licensed educational psychologist, licensed clinical social
worker, or licensed professional clinical counselor shall be
employed by the same service organization as the violence peer
counselor.

(d) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

SEC. 9.  

Section 13959 of the Government Code is amended
to read:

13959.  

(a) The board shall grant a hearing to an applicant who
contests a staff recommendation to deny compensation in whole
or in part.

(b) The board shall notify the applicant not less than 10 days
prior to the date of the hearing. Notwithstanding Section 11123,
if the application that the board is considering involves either a
crime against a minor, a crime of sexual assault, or a crime of
domestic violence, the board may exclude from the hearing all
persons other than board members and members of its staff, the
applicant for benefits, a minor applicant’s parents or guardians,
the applicant’s representative, witnesses, and other persons of the
applicant’s choice to provide assistance to the applicant during the
hearing. However, the board shall not exclude persons from the
hearing if the applicant or applicant’s representative requests that
the hearing be open to the public.

(c) At the hearing, the person seeking compensation shall have
the burden of establishing, by a preponderance of the evidence,
the elements for eligibility under Section 13955.

(d) Except as otherwise provided by law, in making
determinations of eligibility for compensation and in deciding
upon the amount of compensation, the board shall apply the law
in effect as of the date an application was submitted.

(e)  begin insert (1) end insert begin insert   end insert The hearing shall be informal and need not be conducted
according to the technical rules relating to evidence and witnesses.
The board may rely on any relevant evidence if it is the sort of
evidence on which responsible persons are accustomed to rely in
the conduct of serious affairs, regardless of the existence of a
common law or statutory rule that might make improper the
admission of the evidence over objection in a civil action. The
board may rely on written reports prepared for the board, or other
information received, from public agencies responsible for
investigating the crime. If the applicant or the applicant’s
representative chooses not to appear at the hearing, the board may
act solely upon the application for compensation, the staff’s report,
and other evidence that appears in the record.

begin insert

(2) The board shall allow a service animal to accompany and
support a witness while testifying at a hearing.

end insert

(f) Hearings shall be held in various locations with the frequency
necessary to provide for the speedy adjudication of the applications.
If the applicant’s presence is required at the hearing, the board
shall schedule the applicant’s hearing in as convenient a location
as possible or conduct the hearing by telephone.

(g) The board may delegate the hearing of applications to
hearing officers.

(h) The decisions of the board shall be in writing. Copies of the
decisions shall be delivered to the applicant or to his or her
representative personally or sent to him or her by mail.

(i) The board may order a reconsideration of all or part of a
decision on written request of the applicant. The board shall not
grant more than one request for reconsideration with respect to
any one decision on an application for compensation. The board
shall not consider any request for reconsideration filed with the
board more than 30 calendar days after the personal delivery or
60 calendar days after the mailing of the original decision.

(j) The board may order a reconsideration of all or part of a
decision on its own motion, at its discretion, at any time.

(k) Evidence submitted after the board has denied a request for
reconsideration shall not be considered unless the board chooses
to reconsider its decision on its own motion.

SEC. 10.  

Section 13963 of the Government Code is amended
to read:

13963.  

(a) The board shall be subrogated to the rights of the
recipient to the extent of any compensation granted by the board.
The subrogation rights shall be against the perpetrator of the crime
or any person liable for the losses suffered as a direct result of the
crime which was the basis for receipt of compensation, including
an insurer held liable in accordance with the provision of a policy
of insurance issued pursuant to Section 11580.2 of the Insurance
Code.

(b) The board shall also be entitled to a lien on any judgment,
award, or settlement in favor of or on behalf of the recipient for
losses suffered as a direct result of the crime that was the basis for
receipt of compensation in the amount of the compensation granted
by the board. The board may recover this amount in a separate
action, or may intervene in an action brought by or on behalf of
the recipient. If a claim is filed within one year of the date of
recovery, the board shall pay 25 percent of the amount of the
recovery that is subject to a lien on the judgment, award, or
settlement, to the recipient responsible for recovery if the recipient
notified the board of the action prior to receiving any recovery.
The remaining amount, and any amount not claimed within one
year pursuant to this section, shall be deposited in the Restitution
Fund.

(c) The board may compromise or settle and release any lien
pursuant to this chapter if it is found that the action is in the best
interest of the state or the collection would cause undue hardship
upon the recipient. Repayment obligations to the Restitution Fund
shall be enforceable as a summary judgment.

(d) No judgment, award, or settlement in any action or claim
by a recipient, where the board has an interest, shall be satisfied
without first giving the board notice and a reasonable opportunity
to perfect and satisfy the lien. The notice shall be given to the
board in Sacramento except in cases where the board specifies that
the notice shall be given otherwise. The notice shall include the
complete terms of the award, settlement, or judgment, and the
name and address of any insurer directly or indirectly providing
for the satisfaction.

(e) (1) If the recipient brings an action or asserts a claim for
damages against the person or persons liable for the injury or death
giving rise to an award by the board under this chapter, notice of
the institution of legal proceedings, notice of all hearings,
conferences, and proceedings, and notice of settlement shall be
given to the board in Sacramento except in cases where the board
specifies that notice shall be given to the Attorney General. Notice
of the institution of legal proceedings shall be given to the board
within 30 days of filing the action. All notices shall be given by
the attorney employed to bring the action for damages or by the
recipient if no attorney is employed.

(2) Notice shall include all of the following:

(A) Names of all parties to the claim or action.

(B) The address of all parties to the claim or action except for
those persons represented by attorneys and in that case the name
of the party and the name and address of the attorney.

(C) The nature of the claim asserted or action brought.

(D) In the case of actions before courts or administrative
agencies, the full title of the case including the identity of the court
or agency, the names of the parties, and the case or docket number.

(3) When the recipient or his or her attorney has reason to
believe that a person from whom damages are sought is receiving
a defense provided in whole or in part by an insurer, or is insured
for the injury caused to the recipient, notice shall include a
statement of that fact and the name and address of the insurer.
Upon request of the board, a person obligated to provide notice
shall provide the board with a copy of the current written claim or
complaint.

(f) The board shall pay the county probation department or other
county agency responsible for collection of funds owed to the
Restitution Fund under Section 13967, as operative on or before
September 28, 1994, Section 1202.4 of the Penal Code, Section
1203.04 of the Penal Code, as operative on or before August 2,
1995, or Section 730.6 of the Welfare and Institutions Code, 10
percent of the funds so owed and collected by the county agency
and deposited in the Restitution Fund. This payment shall be made
only when the funds are deposited in the Restitution Fund within
45 days of the end of the month in which the funds are collected.
Receiving 10 percent of the moneys collected as being owed to
the Restitution Fund shall be considered an incentive for collection
efforts and shall be used for furthering these collection efforts.
The 10-percent rebates shall be used to augment the budgets for
the county agencies responsible for collection of funds owed to
the Restitution Fund, as provided in Section 13967, as operative
on or before September 28, 1994, Section 1202.4 of the Penal
Code, Section 1203.04 of the Penal Code, operative on or before
August 2, 1995, or Section 730.6 of the Welfare and Institutions
Code. The 10-percent rebates shall not be used to supplant county
funding.

(g) In the event of judgment or award in a suit or claim against
a third party or insurer, if the action or claim is prosecuted by the
recipient alone, the court or agency shall first order paid from any
judgment or award the reasonable litigation expenses incurred in
preparation and prosecution of the action or claim, together with
reasonable attorney’s fees when an attorney has been retained.
After payment of the expenses and attorney’s fees, the court or
agency shall, on the application of the board, allow as a lien against
the amount of the judgment or award, the amount of the
compensation granted by the board to the recipient for losses
sustained as a result of the same incident upon which the
settlement, award, or judgment is based.

(h) For purposes of this section, “recipient” means any person
who has received compensation or will be provided compensation
pursuant to this chapter, including the victim’s guardian,
conservator or other personal representative, estate, and survivors.

(i) In accordance with subparagraph (B) of paragraph (4) of
subdivision (f) of Section 1202.4 of the Penal Code, a
representative of the board may provide the probation department,
district attorney, and court with information relevant to the board’s
losses prior to the imposition of a sentence.

SEC. 11.  

Section 13965 of the Government Code is amended
to read:

13965.  

(a)  Any recipient of an overpayment pursuant to this
chapter is liable to repay the board that amount unless both of the
following facts exist:

(1) The overpayment was not due to fraud, misrepresentation,
or willful nondisclosure on the part of the recipient.

(2) The overpayment was received without fault on the part of
the recipient, and its recovery would be against equity and good
conscience.

(b) All actions to collect overpayments shall commence within
seven years from the date of the overpayment. However, an action
to collect an overpayment due to fraud, misrepresentation, or
willful nondisclosure by the recipient may be commenced at any
time.

(c) Any recipient of an overpayment is authorized to contest
the staff recommendation of an overpayment pursuant to the
hearing procedures in Section 13959. If a final determination is
made by the board that an overpayment exists, the board may
collect the overpayment in any manner prescribed by law.

(d) All overpayments exceeding two thousand dollars ($2,000)
shall be reported to the Legislature pursuant to Section 13928 and
the relief from liability described in subdivision (a) shall be subject
to legislative approval.

SEC. 12.  

Section 13971 of the Government Code is amended
to read:

13971.  

As used in this article, “private citizen” means any
person other than a peace officer, fireman, lifeguard, or person
whose employment includes the duty to protect the public safety
acting within the course and scope of such employment.

SEC. 13.  

Section 13972 of the Government Code is amended
to read:

13972.  

(a) If a private citizen incurs personal injury or death
or damage to his or her property in preventing the commission of
a crime against the person or property of another, in apprehending
a criminal, or in materially assisting a peace officer in prevention
of a crime or apprehension of a criminal, or rescuing a person in
immediate danger of injury or death as a result of fire, drowning,
or other catastrophe, the private citizen, his or her surviving spouse,
his or her surviving children, a person dependent upon the citizen
for his or her principal support, any person legally liable for the
citizen’s pecuniary losses, or a public safety or law enforcement
agency acting on behalf of any of the above may file a claim with
the California Victim Compensation and Government Claims
Board for indemnification to the extent that the claimant is not
compensated from any other source for the injury, death, or
damage. The claim shall generally show all of the following:

(1) The date, place, and other circumstances of the occurrence
or events that gave rise to the claim.

(2) A general description of the activities of the private citizen
in prevention of a crime, apprehension of a criminal, or rescuing
a person in immediate danger of injury or death as a result of fire,
drowning, or other catastrophe.

(3) The amount or estimated amount of the injury, death, or
damage sustained for which the claimant is not compensated from
any other source, insofar as it may be known at the time of the
presentation of the claim.

(4) Any other information that the California Victim
Compensation and Government Claims Board may require.

(b) A claim filed under subdivision (a) shall be accompanied
by a corroborating statement and recommendation from the
appropriate state or local public safety or law enforcement agency.

SEC. 14.  

Section 13973 of the Government Code is amended
to read:

13973.  

(a) Upon presentation of a claim pursuant to this
chapter, the California Victim Compensation and Government
Claims Board shall fix a time and place for the hearing of the claim,
and shall mail notices of the hearing to interested persons or
agencies. The board shall receive recommendations from public
safety or law enforcement agencies, and evidence showing all of
the following:

(1) The nature of the crime committed by the apprehended
criminal or prevented by the action of the private citizen, or the
nature of the action of the private citizen in rescuing a person in
immediate danger of injury or death as a result of fire, drowning,
or other catastrophe, and the circumstances involved.

(2) That the actions of the private citizen substantially and
materially contributed to the apprehension of a criminal, the
prevention of a crime, or the rescuing of a person in immediate
danger of injury or death as a result of fire, drowning, or other
catastrophe.

(3) That, as a direct consequence, the private citizen incurred
personal injury or damage to property or died.

(4) The extent of the injury or damage for which the claimant
is not compensated from any other source.

(5) Any other evidence that the board may require.

(b) If the board determines, on the basis of a preponderance of
the evidence, that the state should indemnify the claimant for the
injury, death, or damage sustained, it shall approve the claim for
payment. In no event shall a claim be approved by the board under
this article in excess of ten thousand dollars ($10,000).

(c) In addition to any award made under this chapter, the board
may award, as attorney’s fees, an amount representing the
reasonable value of legal services rendered a claimant, but in no
event to exceed 10 percent of the amount of the award. No attorney
shall charge, demand, receive, or collect for services rendered in
connection with any proceedings under this chapter any amount
other than that awarded as attorney’s fees under this section. Claims
approved under this chapter shall be paid from a separate
appropriation made to the California Victim Compensation and
Government Claims Board in the Budget Act and as the claims
are approved by the board.

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 1202.4 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

1202.4.  

(a) (1) It is the intent of the Legislature that a victim
of crime who incurs an economic loss as a result of the commission
of a crime shall receive restitution directly from a defendant
convicted of that crime.

(2) Upon a person being convicted of a crime in the State of
California, the court shall order the defendant to pay a fine in the
form of a penalty assessment in accordance with Section 1464.

(3) The court, in addition to any other penalty provided or
imposed under the law, shall order the defendant to pay both of
the following:

(A) A restitution fine in accordance with subdivision (b).

(B) Restitution to the victim or victims, if any, in accordance
with subdivision (f), which shall be enforceable as if the order
were a civil judgment.

(b) In every case where a person is convicted of a crime, the
court shall impose a separate and additional restitution fine, unless
it finds compelling and extraordinary reasons for not doing so and
states those reasons on the record.

(1) The restitution fine shall be set at the discretion of the court
and commensurate with the seriousness of the offense. If the person
is convicted of a felony, the fine shall not be less than two hundred
forty dollars ($240) starting on January 1, 2012, two hundred eighty
dollars ($280) starting on January 1, 2013, and three hundred
dollars ($300) starting on January 1, 2014, and not more than ten
thousand dollars ($10,000). If the person is convicted of a
misdemeanor, the fine shall not be less than one hundred twenty
dollars ($120) starting on January 1, 2012, one hundred forty
dollars ($140) starting on January 1, 2013, and one hundred fifty
dollars ($150) starting on January 1, 2014, and not more than one
thousand dollars ($1,000).

(2) In setting a felony restitution fine, the court may determine
the amount of the fine as the product of the minimum fine pursuant
to paragraph (1) multiplied by the number of years of imprisonment
the defendant is ordered to serve, multiplied by the number of
felony counts of which the defendant is convicted.

(c) The court shall impose the restitution fine unless it finds
compelling and extraordinary reasons for not doing so and states
those reasons on the record. A defendant’s inability to pay shall
not be considered a compelling and extraordinary reason not to
impose a restitution fine. Inability to pay may be considered only
in increasing the amount of the restitution fine in excess of the
minimum fine pursuant to paragraph (1) of subdivision (b). The
court may specify that funds confiscated at the time of the
defendant’s arrest, except for funds confiscated pursuant to Section
11469 of the Health and Safety Code, be applied to the restitution
fine if the funds are not exempt for spousal or child support or
subject to any other legal exemption.

(d) In setting the amount of the fine pursuant to subdivision (b)
in excess of the minimum fine pursuant to paragraph (1) of
subdivision (b), the court shall consider any relevant factors,
including, but not limited to, the defendant’s inability to pay, the
seriousness and gravity of the offense and the circumstances of its
commission, any economic gain derived by the defendant as a
result of the crime, the extent to which any other person suffered
losses as a result of the crime, and the number of victims involved
in the crime. Those losses may include pecuniary losses to the
victim or his or her dependents as well as intangible losses, such
as psychological harm caused by the crime. Consideration of a
defendant’s inability to pay may include his or her future earning
capacity. A defendant shall bear the burden of demonstrating his
or her inability to pay. Express findings by the court as to the
factors bearing on the amount of the fine shall not be required. A
separate hearing for the fine shall not be required.

(e) The restitution fine shall not be subject to penalty
assessments authorized in Section 1464 or Chapter 12
(commencing with Section 76000) of Title 8 of the Government
Code, or the state surcharge authorized in Section 1465.7, and
shall be deposited in the Restitution Fund in the State Treasury.

(f) Except as provided in subdivisions (q) and (r), in every case
in which a victim has suffered economic loss as a result of the
defendant’s conduct, the court shall require that the defendant
make restitution to the victim or victims in an amount established
by court order, based on the amount of loss claimed by the victim
or victims or any other showing to the court. If the amount of loss
cannot be ascertained at the time of sentencing, the restitution
order shall include a provision that the amount shall be determined
at the direction of the court. The court shall order full restitution
unless it finds compelling and extraordinary reasons for not doing
so and states them on the record. The court may specify that funds
confiscated at the time of the defendant’s arrest, except for funds
confiscated pursuant to Section 11469 of the Health and Safety
Code, be applied to the restitution order if the funds are not exempt
for spousal or child support or subject to any other legal exemption.

(1) The defendant has the right to a hearing before a judge to
dispute the determination of the amount of restitution. The court
may modify the amount, on its own motion or on the motion of
the district attorney, the victim or victims, or the defendant. If a
motion is made for modification of a restitution order, the victim
shall be notified of that motion at least 10 days prior to the
proceeding held to decide the motion. begin insert A victim at a restitution
hearing or modification hearing described in this paragraph may
testify by live, two-way audio and video transmission, if testimony
by live, two-way audio and video transmission is available at the
court. end insert

(2) Determination of the amount of restitution ordered pursuant
to this subdivision shall not be affected by the indemnification or
subrogation rights of a third party. Restitution ordered pursuant to
this subdivision shall be ordered to be deposited to the Restitution
Fund to the extent that the victim, as defined in subdivision (k),
has received assistance from the California Victim Compensation
and Government Claims Board pursuant to Chapter 5 (commencing
with Section 13950) of Part 4 of Division 3 of Title 2 of the
Government Code.

(3) To the extent possible, the restitution order shall be prepared
by the sentencing court, shall identify each victim and each loss
to which it pertains, and shall be of a dollar amount that is sufficient
to fully reimburse the victim or victims for every determined
economic loss incurred as the result of the defendant’s criminal
conduct, including, but not limited to, all of the following:

(A) Full or partial payment for the value of stolen or damaged
property. The value of stolen or damaged property shall be the
replacement cost of like property, or the actual cost of repairing
the property when repair is possible.

(B) Medical expenses.

(C) Mental health counseling expenses.

(D) Wages or profits lost due to injury incurred by the victim,
and if the victim is a minor, wages or profits lost by the minor’s
parent, parents, guardian, or guardians, while caring for the injured
minor. Lost wages shall include commission income as well as
base wages. Commission income shall be established by evidence
of commission income during the 12-month period prior to the
date of the crime for which restitution is being ordered, unless
good cause for a shorter time period is shown.

(E) Wages or profits lost by the victim, and if the victim is a
minor, wages or profits lost by the minor’s parent, parents,
guardian, or guardians, due to time spent as a witness or in assisting
the police or prosecution. Lost wages shall include commission
income as well as base wages. Commission income shall be
established by evidence of commission income during the
12-month period prior to the date of the crime for which restitution
is being ordered, unless good cause for a shorter time period is
shown.

(F) Noneconomic losses, including, but not limited to,
psychological harm, for felony violations of Section 288.

(G) Interest, at the rate of 10 percent per annum, that accrues
as of the date of sentencing or loss, as determined by the court.

(H) Actual and reasonable attorney’s fees and other costs of
collection accrued by a private entity on behalf of the victim.

(I) Expenses incurred by an adult victim in relocating away
from the defendant, including, but not limited to, deposits for
utilities and telephone service, deposits for rental housing,
temporary lodging and food expenses, clothing, and personal items.
Expenses incurred pursuant to this section shall be verified 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.

(J) Expenses to install or increase residential security incurred
related to a violent felony, as defined in subdivision (c) of Section
667.5, including, but not limited to, a home security device or
system, or replacing or increasing the number of locks.

(K) Expenses to retrofit a residence or vehicle, or both, to make
the residence accessible to or the vehicle operational by the victim,
if the victim is permanently disabled, whether the disability is
partial or total, as a direct result of the crime.

(L) Expenses for a period of time reasonably necessary to make
the victim whole, for the costs to monitor the credit report of, and
for the costs to repair the credit of, a victim of identity theft, as
defined in Section 530.5.

(4) (A) If, as a result of the defendant’s conduct, the Restitution
Fund has provided assistance to or on behalf of a victim or
derivative victim pursuant to Chapter 5 (commencing with Section
13950) of Part 4 of Division 3 of Title 2 of the Government Code,
the amount of assistance provided shall be presumed to be a direct
result of the defendant’s criminal conduct and shall be included
in the amount of the restitution ordered.

(B) The amount of assistance provided by the Restitution Fund
shall be established by copies of bills submitted to the California
Victim Compensation and Government Claims Board reflecting
the amount paid by the board and whether the services for which
payment was made were for medical or dental expenses, funeral
or burial expenses, mental health counseling, wage or support
losses, or rehabilitation. Certified copies of these bills provided
by the board and redacted to protect the privacy and safety of the
victim or any legal privilege, 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.

(C) If the defendant offers evidence to rebut the presumption
established by this paragraph, the court may release additional
information contained in the records of the board to the defendant
only after reviewing that information in camera and finding that
the information is necessary for the defendant to dispute the amount
of the restitution order.

(5) Except as provided in paragraph (6), in any case in which
an order may be entered pursuant to this subdivision, the defendant
shall prepare and file a disclosure identifying all assets, income,
and liabilities in which the defendant held or controlled a present
or future interest as of the date of the defendant’s arrest for the
crime for which restitution may be ordered. The financial disclosure
statements shall be made available to the victim and the board
pursuant to Section 1214. The disclosure shall be signed by the
defendant upon a form approved or adopted by the Judicial Council
for the purpose of facilitating the disclosure. A defendant who
willfully states as true a material matter that he or she knows to
be false on the disclosure required by this subdivision is guilty of
a misdemeanor, unless this conduct is punishable as perjury or
another provision of law provides for a greater penalty.

(6) A defendant who fails to file the financial disclosure required
in paragraph (5), but who has filed a financial affidavit or financial
information pursuant to subdivision (c) of Section 987, shall be
deemed to have waived the confidentiality of that affidavit or
financial information as to a victim in whose favor the order of
restitution is entered pursuant to subdivision (f). The affidavit or
information shall serve in lieu of the financial disclosure required
in paragraph (5), and paragraphs (7) to (10), inclusive, shall not
apply.

(7) Except as provided in paragraph (6), the defendant shall file
the disclosure with the clerk of the court no later than the date set
for the defendant’s sentencing, unless otherwise directed by the
court. The disclosure may be inspected or copied as provided by
subdivision (b), (c), or (d) of Section 1203.05.

(8) In its discretion, the court may relieve the defendant of the
duty under paragraph (7) of filing with the clerk by requiring that
the defendant’s disclosure be submitted as an attachment to, and
be available to, those authorized to receive the following:

(A) A report submitted pursuant to subparagraph (C) of
paragraph (2) of subdivision (b) of Section 1203 or subdivision
(g) of Section 1203.

(B) A stipulation submitted pursuant to paragraph (4) of
subdivision (b) of Section 1203.

(C) A report by the probation officer, or information submitted
by the defendant applying for a conditional sentence pursuant to
subdivision (d) of Section 1203.

(9) The court may consider a defendant’s unreasonable failure
to make a complete disclosure pursuant to paragraph (5) as any of
the following:

(A) A circumstance in aggravation of the crime in imposing a
term under subdivision (b) of Section 1170.

(B) A factor indicating that the interests of justice would not be
served by admitting the defendant to probation under Section 1203.

(C) A factor indicating that the interests of justice would not be
served by conditionally sentencing the defendant under Section
1203.

(D) A factor indicating that the interests of justice would not
be served by imposing less than the maximum fine and sentence
fixed by law for the case.

(10) A defendant’s failure or refusal to make the required
disclosure pursuant to paragraph (5) shall not delay entry of an
order of restitution or pronouncement of sentence. In appropriate
cases, the court may do any of the following:

(A) Require the defendant to be examined by the district attorney
pursuant to subdivision (h).

(B) If sentencing the defendant under Section 1170, provide
that the victim shall receive a copy of the portion of the probation
report filed pursuant to Section 1203.10 concerning the defendant’s
employment, occupation, finances, and liabilities.

(C) If sentencing the defendant under Section 1203, set a date
and place for submission of the disclosure required by paragraph
(5) as a condition of probation or suspended sentence.

(11) If a defendant has any remaining unpaid balance on a
restitution order or fine 120 days prior to his or her scheduled
release from probation or 120 days prior to his or her completion
of a conditional sentence, the defendant shall prepare and file a
new and updated financial disclosure identifying all assets, income,
and liabilities in which the defendant holds or controls or has held
or controlled a present or future interest during the defendant’s
period of probation or conditional sentence. The financial
disclosure shall be made available to the victim and the board
pursuant to Section 1214. The disclosure shall be signed and
prepared by the defendant on the same form as described in
paragraph (5). A defendant who willfully states as true a material
matter that he or she knows to be false on the disclosure required
by this subdivision is guilty of a misdemeanor, unless this conduct
is punishable as perjury or another provision of law provides for
a greater penalty. The financial disclosure required by this
paragraph shall be filed with the clerk of the court no later than
90 days prior to the defendant’s scheduled release from probation
or completion of the defendant’s conditional sentence.

(12) In cases where an employer is convicted of a crime against
an employee, a payment to the employee or the employee’s
dependent that is made by the employer’s workers’ compensation
insurance carrier shall not be used to offset the amount of the
restitution order unless the court finds that the defendant
substantially met the obligation to pay premiums for that insurance
coverage.

(g) The court shall order full restitution unless it finds
compelling and extraordinary reasons for not doing so and states
those reasons on the record. A defendant’s inability to pay shall
not be considered a compelling and extraordinary reason not to
impose a restitution order, nor shall inability to pay be a
consideration in determining the amount of a restitution order.

(h) The district attorney may request an order of examination
pursuant to the procedures specified in Article 2 (commencing
with Section 708.110) of Chapter 6 of Division 2 of Title 9 of Part
2 of the Code of Civil Procedure, in order to determine the
defendant’s financial assets for purposes of collecting on the
restitution order.

(i) A restitution order imposed pursuant to subdivision (f) shall
be enforceable as if the order were a civil judgment.

(j) The making of a restitution order pursuant to subdivision (f)
shall not affect the right of a victim to recovery from the Restitution
Fund as otherwise provided by law, except to the extent that
restitution is actually collected pursuant to the order. Restitution
collected pursuant to this subdivision shall be credited to any other
judgments for the same losses obtained against the defendant
arising out of the crime for which the defendant was convicted.

(k) For purposes of this section, “victim” shall include all of
the following:

(1) The immediate surviving family of the actual victim.

(2) A corporation, business trust, estate, trust, partnership,
association, joint venture, government, governmental subdivision,
agency, or instrumentality, or any other legal or commercial entity
when that entity is a direct victim of a crime.

(3) A person who has sustained economic loss as the result of
a crime and who satisfies any of the following conditions:

(A) At the time of the crime was the parent, grandparent, sibling,
spouse, child, or grandchild of the victim.

(B) At the time of the crime was living in the household of the
victim.

(C) At the time of the crime was a person who had previously
lived in the household of the victim for a period of not less than
two years in a relationship substantially similar to a relationship
listed in subparagraph (A).

(D) Is another family member of the victim, including, but not
limited to, the victim’s fiancé or fiancée, and who witnessed the
crime.

(E) Is the primary caretaker of a minor victim.

(4) A person who is eligible to receive assistance from the
Restitution Fund pursuant to Chapter 5 (commencing with Section
13950) of Part 4 of Division 3 of Title 2 of the Government Code.

(5) A governmental entity that is responsible for repairing,
replacing, or restoring public or privately owned property that has
been defaced with graffiti or other inscribed material, as defined
in subdivision (e) of Section 594, and that has sustained an
economic loss as the result of a violation of Section 594, 594.3,
594.4, 640.5, 640.6, or begin delete 640.7 of the Penal Code. end delete begin insert 640.7. end insert

(l) At its discretion, the board of supervisors of a county may
impose a fee to cover the actual administrative cost of collecting
the restitution fine, not to exceed 10 percent of the amount ordered
to be paid, to be added to the restitution fine and included in the
order of the court, the proceeds of which shall be deposited in the
general fund of the county.

(m) In every case in which the defendant is granted probation,
the court shall make the payment of restitution fines and orders
imposed pursuant to this section a condition of probation. Any
portion of a restitution order that remains unsatisfied after a
defendant is no longer on probation shall continue to be enforceable
by a victim pursuant to Section 1214 until the obligation is
satisfied.

(n) If the court finds and states on the record compelling and
extraordinary reasons why a restitution fine or full restitution order
should not be required, the court shall order, as a condition of
probation, that the defendant perform specified community service,
unless it finds and states on the record compelling and
extraordinary reasons not to require community service in addition
to the finding that restitution should not be required. Upon
revocation of probation, the court shall impose restitution pursuant
to this section.

(o) The provisions of Section 13963 of the Government Code
shall apply to restitution imposed pursuant to this section.

(p) The court clerk shall notify the California Victim
Compensation and Government Claims Board within 90 days of
an order of restitution being imposed if the defendant is ordered
to pay restitution to the board due to the victim receiving
compensation from the Restitution Fund. Notification shall be
accomplished by mailing a copy of the court order to the board,
which may be done periodically by bulk mail or email.

(q) Upon conviction for a violation of Section 236.1, the court
shall, in addition to any other penalty or restitution, order the
defendant to pay restitution to the victim in a case in which a victim
has suffered economic loss as a result of the defendant’s conduct.
The court shall require that the defendant make restitution to the
victim or victims in an amount established by court order, based
on the amount of loss claimed by the victim or victims or another
showing to the court. In determining restitution pursuant to this
section, the court shall base its order upon the greater of the
following: the gross value of the victim’s labor or services based
upon the comparable value of similar services in the labor market
in which the offense occurred, or the value of the victim’s labor
as guaranteed under California law, or the actual income derived
by the defendant from the victim’s labor or services or any other
appropriate means to provide reparations to the victim.

(r) (1) In addition to any other penalty or fine, the court shall
order a person who has been convicted of a violation of Section
350, 653h, 653s, 653u, 653w, or 653aa that involves a recording
or audiovisual work to make restitution to an owner or lawful
producer, or trade association acting on behalf of the owner or
lawful producer, of a phonograph record, disc, wire, tape, film, or
other device or article from which sounds or visual images are
derived that suffered economic loss resulting from the violation.
The order of restitution shall be based on the aggregate wholesale
value of lawfully manufactured and authorized devices or articles
from which sounds or visual images are devised corresponding to
the number of nonconforming devices or articles involved in the
offense, unless a higher value can be proved in the case of (A) an
unreleased audio work, or (B) an audiovisual work that, at the time
of unauthorized distribution, has not been made available in copies
for sale to the general public in the United States on a digital
versatile disc. For purposes of this subdivision, possession of
nonconforming devices or articles intended for sale constitutes
actual economic loss to an owner or lawful producer in the form
of displaced legitimate wholesale purchases. The order of
restitution shall also include reasonable costs incurred as a result
of an investigation of the violation undertaken by the owner, lawful
producer, or trade association acting on behalf of the owner or
lawful producer. “Aggregate wholesale value” means the average
wholesale value of lawfully manufactured and authorized sound
or audiovisual recordings. Proof of the specific wholesale value
of each nonconforming device or article is not required.

(2) As used in this subdivision, “audiovisual work” and
“recording” shall have the same meaning as in Section 653w.

begin delete SEC. 15. end delete
begin insert SEC. 16. end insert   

Section 2085.5 of the Penal Code is amended to read:

2085.5.  

(a) In any case in which a prisoner owes a restitution
fine imposed pursuant to subdivision (a) of Section 13967 of the
Government Code, as operative prior to September 29, 1994,
subdivision (b) of Section 730.6 of the Welfare and Institutions
Code, or subdivision (b) of Section 1202.4, the Secretary of the
Department of Corrections and Rehabilitation shall deduct a
minimum of 20 percent or the balance owing on the fine amount,
whichever is less, up to a maximum of 50 percent from the wages
and trust account deposits of a prisoner, unless prohibited by
federal law, and shall transfer that amount to the California Victim
Compensation and Government Claims Board for deposit in the
Restitution Fund in the State Treasury. The amount deducted shall
be credited against the amount owing on the fine. The sentencing
court shall be provided a record of the payments.

(b) (1) When a prisoner is punished by imprisonment in a
county jail pursuant to subdivision (h) of Section 1170, in any case
in which a prisoner owes a restitution fine imposed pursuant to
subdivision (a) of Section 13967 of the Government Code, as
operative prior to September 29, 1994, subdivision (b) of Section
730.6 of the Welfare and Institutions Code, or subdivision (b) of
Section 1202.4, the agency designated by the board of supervisors
in the county where the prisoner is incarcerated is authorized to
deduct a minimum of 20 percent or the balance owing on the fine
amount, whichever is less, up to a maximum of 50 percent from
the county jail equivalent of wages and trust account deposits of
a prisoner, unless prohibited by federal law, and shall transfer that
amount to the California Victim Compensation and Government
Claims Board for deposit in the Restitution Fund in the State
Treasury. The amount deducted shall be credited against the
amount owing on the fine. The sentencing court shall be provided
a record of the payments.

(2) If the board of supervisors designates the county sheriff as
the collecting agency, the board of supervisors shall first obtain
the concurrence of the county sheriff.

(c) In any case in which a prisoner owes a restitution order
imposed pursuant to subdivision (c) of Section 13967 of the
Government Code, as operative prior to September 29, 1994,
subdivision (h) of Section 730.6 of the Welfare and Institutions
Code, or subdivision (f) of Section 1202.4, the Secretary of the
Department of Corrections and Rehabilitation shall deduct a
minimum of 20 percent or the balance owing on the order amount,
whichever is less, up to a maximum of 50 percent from the wages
and trust account deposits of a prisoner, unless prohibited by
federal law. The secretary shall transfer that amount to the
California Victim Compensation and Government Claims Board
for direct payment to the victim, or payment shall be made to the
Restitution Fund to the extent that the victim has received
assistance pursuant to that program. The sentencing court shall be
provided a record of the payments made to victims and of the
payments deposited to the Restitution Fund pursuant to this
subdivision.

(d) When a prisoner is punished by imprisonment in a county
jail pursuant to subdivision (h) of Section 1170, in any case in
which a prisoner owes a restitution order imposed pursuant to
subdivision (c) of Section 13967 of the Government Code, as
operative prior to September 29, 1994, subdivision (h) of Section
730.6 of the Welfare and Institutions Code, or subdivision (b) of
Section 1202.4, the agency designated by the board of supervisors
in the county where the prisoner is incarcerated is authorized to
deduct a minimum of 20 percent or the balance owing on the order
amount, whichever is less, up to a maximum of 50 percent from
the county jail equivalent of wages and trust account deposits of
a prisoner, unless prohibited by federal law. The agency shall
transfer that amount to the California Victim Compensation and
Government Claims Board for direct payment to the victim, or
payment shall be made to the Restitution Fund to the extent that
the victim has received assistance pursuant to that program, or
may pay the victim directly. The sentencing court shall be provided
a record of the payments made to the victims and of the payments
deposited to the Restitution Fund pursuant to this subdivision.

(e) The secretary shall deduct and retain from the wages and
trust account deposits of a prisoner, unless prohibited by federal
law, an administrative fee that totals 10 percent of any amount
transferred to the California Victim Compensation and Government
Claims Board pursuant to subdivision (a) or (c). The secretary
shall deduct and retain from any prisoner settlement or trial award,
an administrative fee that totals 5 percent of any amount paid from
the settlement or award to satisfy an outstanding restitution order
or fine pursuant to subdivision (n), unless prohibited by federal
law. The secretary shall deposit the administrative fee moneys in
a special deposit account for reimbursing administrative and
support costs of the restitution program of the Department of
Corrections and Rehabilitation. The secretary, at his or her
discretion, may retain any excess funds in the special deposit
account for future reimbursement of the department’s
administrative and support costs for the restitution program or may
transfer all or part of the excess funds for deposit in the Restitution
Fund.

(f) When a prisoner is punished by imprisonment in a county
jail pursuant to subdivision (h) of Section 1170, the agency
designated by the board of supervisors in the county where the
prisoner is incarcerated is authorized to deduct and retain from the
county jail equivalent of wages and trust account deposits of a
prisoner, unless prohibited by federal law, an administrative fee
that totals 10 percent of any amount transferred to the California
Victim Compensation and Government Claims Board pursuant to
subdivision (b) or (d). The agency is authorized to deduct and
retain from a prisoner settlement or trial award an administrative
fee that totals 5 percent of any amount paid from the settlement
or award to satisfy an outstanding restitution order or fine pursuant
to subdivision (n), unless prohibited by federal law. Upon release
from custody pursuant to subdivision (h) of Section 1170, the
agency is authorized to charge a fee to cover the actual
administrative cost of collection, not to exceed 10 percent of the
total amount collected. The agency shall deposit the administrative
fee moneys in a special deposit account for reimbursing
administrative and support costs of the restitution program of the
agency. The agency is authorized to retain any excess funds in the
special deposit account for future reimbursement of the agency’s
administrative and support costs for the restitution program or may
transfer all or part of the excess funds for deposit in the Restitution
Fund.

(g) In any case in which a parolee owes a restitution fine
imposed pursuant to subdivision (a) of Section 13967 of the
Government Code, as operative prior to September 29, 1994,
subdivision (b) of Section 730.6 of the Welfare and Institutions
Code, or subdivision (b) of Section 1202.4, the secretary, or, when
a prisoner is punished by imprisonment in a county jail pursuant
to subdivision (h) of Section 1170, the agency designated by the
board of supervisors in the county where the prisoner is
incarcerated, may collect from the parolee or, pursuant to Section
2085.6, from a person previously imprisoned in county jail any
moneys owing on the restitution fine amount, unless prohibited
by federal law. The secretary or the agency shall transfer that
amount to the California Victim Compensation and Government
Claims Board for deposit in the Restitution Fund in the State
Treasury. The amount deducted shall be credited against the
amount owing on the fine. The sentencing court shall be provided
a record of the payments.

(h) In any case in which a parolee owes a direct order of
restitution, imposed pursuant to subdivision (c) of Section 13967
of the Government Code, as operative prior to September 29, 1994,
subdivision (h) of Section 730.6 of the Welfare and Institutions
Code, or paragraph (3) of subdivision (a) of Section 1202.4, the
secretary, or, when a prisoner is punished by imprisonment in a
county jail pursuant to subdivision (h) of Section 1170, the agency
designated by the board of supervisors in the county where the
prisoner is incarcerated or a local collection program, may collect
from the parolee or, pursuant to Section 2085.6, from a person
previously imprisoned in county jail any moneys owing, unless
prohibited by federal law. The secretary or the agency shall transfer
that amount to the California Victim Compensation and
Government Claims Board for direct payment to the victim, or
payment shall be made to the Restitution Fund to the extent that
the victim has received assistance pursuant to that program, or the
agency may pay the victim directly. The sentencing court shall be
provided a record of the payments made by the offender pursuant
to this subdivision.

(i) The secretary, or, when a prisoner is punished by
imprisonment in a county jail pursuant to subdivision (h) of Section
1170, the agency designated by the board of supervisors in the
county where the prisoner is incarcerated, may deduct and retain
from moneys collected from parolees or persons previously
imprisoned in county jail an administrative fee that totals 10 percent
of any amount transferred to the California Victim Compensation
and Government Claims Board pursuant to subdivision (g) or (h),
unless prohibited by federal law. The secretary shall deduct and
retain from any settlement or trial award of a parolee an
administrative fee that totals 5 percent of an amount paid from the
settlement or award to satisfy an outstanding restitution order or
fine pursuant to subdivision (n), unless prohibited by federal law.
The agency is authorized to deduct and retain from any settlement
or trial award of a person previously imprisoned in county jail an
administrative fee that totals 5 percent of any amount paid from
the settlement or award to satisfy an outstanding restitution order
or fine pursuant to subdivision (n). The secretary or the agency
shall deposit the administrative fee moneys in a special deposit
account for reimbursing administrative and support costs of the
restitution program of the Department of Corrections and
Rehabilitation or the agency, as applicable. The secretary, at his
or her discretion, or the agency may retain any excess funds in the
special deposit account for future reimbursement of the
department’s or agency’s administrative and support costs for the
restitution program or may transfer all or part of the excess funds
for deposit in the Restitution Fund.

(j) When a prisoner has both a restitution fine and a restitution
order from the sentencing court, the Department of Corrections
and Rehabilitation shall collect the restitution order first pursuant
to subdivision (c).

(k) When a prisoner is punished by imprisonment in a county
jail pursuant to subdivision (h) of Section 1170 and that prisoner
has both a restitution fine and a restitution order from the
sentencing court, if the agency designated by the board of
supervisors in the county where the prisoner is incarcerated collects
the fine and order, the agency shall collect the restitution order
first pursuant to subdivision (d).

(l) When a parolee has both a restitution fine and a restitution
order from the sentencing court, the Department of Corrections
and Rehabilitation, or, when the prisoner is punished by
imprisonment in a county jail pursuant to subdivision (h) of Section
1170, the agency designated by the board of supervisors in the
county where the prisoner is incarcerated, may collect the
restitution order first, pursuant to subdivision (h).

(m) If an inmate is housed at an institution that requires food
to be purchased from the institution canteen for unsupervised
overnight visits, and if the money for the purchase of this food is
received from funds other than the inmate’s wages, that money
shall be exempt from restitution deductions. This exemption shall
apply to the actual amount spent on food for the visit up to a
maximum of fifty dollars ($50) for visits that include the inmate
and one visitor, seventy dollars ($70) for visits that include the
inmate and two or three visitors, and eighty dollars ($80) for visits
that include the inmate and four or more visitors.

(n) Compensatory or punitive damages awarded by trial or
settlement to any inmate, parolee, person placed on postrelease
community supervision pursuant to Section 3451, or defendant on
mandatory supervision imposed pursuant to subparagraph (B) of
paragraph (5) of subdivision (h) of Section 1170, in connection
with a civil action brought against a federal, state, or local jail,
prison, or correctional facility, or any official or agent thereof,
shall be paid directly, after payment of reasonable attorney’s fees
and litigation costs approved by the court, to satisfy any
outstanding restitution orders or restitution fines against that
person. The balance of the award shall be forwarded to the payee
after full payment of all outstanding restitution orders and
restitution fines, subject to subdivisions (e) and (i). The Department
of Corrections and Rehabilitation shall make all reasonable efforts
to notify the victims of the crime for which that person was
convicted concerning the pending payment of any compensatory
or punitive damages. For any prisoner punished by imprisonment
in a county jail pursuant to subdivision (h) of Section 1170, the
agency is authorized to make all reasonable efforts to notify the
victims of the crime for which that person was convicted
concerning the pending payment of any compensatory or punitive
damages.

(o) (1) Amounts transferred to the California Victim
Compensation and Government Claims Board for payment of
direct orders of restitution shall be paid to the victim within 60
days from the date the restitution revenues are received by the
California Victim Compensation and Government Claims Board.
If the restitution payment to a victim is less than twenty-five dollars
($25), then payment need not be forwarded to that victim until the
payment reaches twenty-five dollars ($25) or when the victim
requests payment of the lesser amount.

(2) If a victim cannot be located, the restitution revenues
received by the California Victim Compensation and Government
Claims Board on behalf of the victim shall be held in trust in the
Restitution Fund until the end of the state fiscal year subsequent
to the state fiscal year in which the funds were deposited or until
the time that the victim has provided current address information,
whichever occurs sooner. Amounts remaining in trust at the end
of the specified period of time shall revert to the Restitution Fund.

(3) (A) A victim failing to provide a current address within the
period of time specified in paragraph (2) may provide
documentation to the Department of Corrections and Rehabilitation,
which shall verify that moneys were collected on behalf of the
victim. Upon receipt of that verified information from the
Department of Corrections and Rehabilitation, the California
Victim Compensation and Government Claims Board shall transmit
the restitution revenues to the victim in accordance with the
provisions of subdivision (c) or (h).

(B) A victim failing to provide a current address within the
period of time specified in paragraph (2) may provide
documentation to the agency designated by the board of supervisors
in the county where the prisoner punished by imprisonment in a
county jail pursuant to subdivision (h) of Section 1170 is
incarcerated, which may verify that moneys were collected on
behalf of the victim. Upon receipt of that verified information from
the agency, the California Victim Compensation and Government
Claims Board shall transmit the restitution revenues to the victim
in accordance with the provisions of subdivision (d) or (h).

begin delete

SEC. 16.  

Section 4904 of the Penal Code is amended to read:

4904.  

If the evidence shows that the crime with which the
claimant was charged was either not committed at all, or, if
committed, was not committed by the claimant, and that the
claimant has sustained injury through his or her erroneous
conviction and imprisonment, the California Victim Compensation
and Government Claims Board shall report the facts of the case
and its conclusions to the next Legislature, with a recommendation
that an appropriation be made by the Legislature for the purpose
of indemnifying the claimant for the injury. The amount of the
appropriation recommended shall be a sum equivalent to one
hundred forty dollars ($140) per day of incarceration served, and
shall include any time spent in custody, including in county jail,
that is considered to be part of the term of incarceration. That
appropriation shall not be treated as gross income to the recipient
under the Revenue and Taxation Code.

end delete

SEC. 17.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.