Amended in Senate September 4, 2015

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 BillNo. 1140


Introduced by Assembly Member Bonta

(Principal coauthors: Senators Hancock and Nielsen)

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 1202.4 and 2085.5 of the Penal Code, relating to crime victims, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 1140, as amended, Bonta. Crime victims.

(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. 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.

(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. 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.

(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 andbegin delete peerend delete nonpsychotherapeuticbegin insert peerend insert 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 $1,000, or a crime victim’s funeral or burial expenses, up to $7,500, as specified.

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. 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.

(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.

(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.

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

(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.

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.

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

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

(25) 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: 23. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

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

P9    1

SECTION 1.  

Section 13952 of the Government Code is
2amended to read:

3

13952.  

(a) An application for compensation shall be filed with
4the board in the manner determined by the board.

5(b) (1) The application for compensation shall be verified under
6penalty of perjury by the individual who is seeking compensation,
7who may be the victim or derivative victim, or an individual
8seeking reimbursement for burial, funeral, or crime scene cleanup
9expenses pursuant to subdivision (a) of Section 13957. If the
10individual seeking compensation is a minor or is incompetent, the
11application shall be verified under penalty of perjury or on
12information and belief by the parent with legal custody, guardian,
13conservator, or relative caregiver of the victim or derivative victim
14for whom the application is made. However, if a minor seeks
15 compensation only for expenses for medical, medical-related,
16psychiatric, psychological, or other mental health
17counseling-related services and the minor is authorized by statute
18to consent to those services, the minor may verify the application
19for compensation under penalty of perjury.

20(2) For purposes of this subdivision, “relative caregiver” means
21a relative as defined in paragraph (2) of subdivision (h) of Section
226550 of the Family Code, who assumed primary responsibility for
23the child while the child was in the relative’s care and control, and
24who is not a biological or adoptive parent.

25(c) (1) The board may require submission of additional
26information supporting the application that is reasonably necessary
27to verify the application and determine eligibility for compensation.

P10   1(2) The staff of the board shall determine whether an application
2for compensation contains all of the information required by the
3board. If the staff determines that an application does not contain
4all of the required information, the staff shall communicate that
5determination to the applicant with a brief statement of the
6additional information required. The applicant, within 30 calendar
7days of being notified that the application is incomplete, may either
8supply the additional information or appeal the staff’s
9determination to the board, which shall review the application to
10determine whether it is complete.

11(3) The board shall not require an applicant to submit
12documentation from the Internal Revenue Service, the Franchise
13Tax Board, the State Board of Equalization, the Social Security
14Administration, or the Employment Development Department to
15determine eligibility for compensation. The board may require and
16use documentation from these entities to verify the amount of
17compensation for income or support loss.

18(d) (1) The board may recognize an authorized representative
19of the victim or derivative victim, who shall represent the victim
20or derivative victim pursuant to rules adopted by the board.

21(2) For purposes of this subdivision, “authorized representative”
22means any of the following:

23(A)  Any person who has written authorization by the victim or
24derivative victim. However, a medical or mental health provider,
25or agent of the medical or mental health provider, who has provided
26services to the victim or derivative victim shall not be allowed to
27be an authorized representative.

28(B) Any person designated by law including, but not limited to,
29a legal guardian, conservator, or social worker.

30(3) Except for attorney’s fees awarded under this chapter, no
31authorized representative described in paragraph (2) shall charge,
32demand, receive, or collect any amount for services rendered under
33this subdivision.

34(4) The initial application materials sent by the board to an
35applicant shall be written in English, Spanish, Chinese, Vietnamese,
36Korean, East Armenian, Tagalog, Russian, Arabic, Farsi, Hmong,
37Khmer, Punjabi, and Lao. If the applicant selects one of the
38languages listed in this subdivision, the board shall send all
39subsequent communications in that language.

P11   1

SEC. 2.  

Section 13954 of the Government Code is amended
2to read:

3

13954.  

(a) The board shall verify with hospitals, physicians,
4law enforcement officials, or other interested parties involved, the
5treatment of the victim or derivative victim, circumstances of the
6crime, amounts paid or received by or for the victim or derivative
7victim, and any other pertinent information deemed necessary by
8the board. Verification information shall be returned to the board
9within 10 business days after a request for verification has been
10made by the board. Verification information shall be provided at
11no cost to the applicant, the board, or victim centers. When
12requesting verification information, the board shall certify that a
13signed authorization by the applicant is retained in the applicant’s
14file and that this certification constitutes actual authorization for
15the release of information, notwithstanding any other provision of
16law. If requested by a physician or mental health provider, the
17board shall provide a copy of the signed authorization for the
18release of information.

19(b) (1) The applicant shall cooperate with the staff of the board
20or the victim center in the verification of the information contained
21in the application. Failure to cooperate shall be reported to the
22board, which, in its discretion, may reject the application solely
23on this ground.

24(2) An applicant may be found to have failed to cooperate with
25the board if any of the following occur:

26(A) The applicant has information, or there is information that
27 he or she may reasonably obtain, that is needed to process the
28application or supplemental claim, and the applicant failed to
29provide the information after being requested to do so by the board.
30The board shall take the applicant’s economic, psychosocial, and
31postcrime traumatic circumstances into consideration, and shall
32not unreasonably reject an application solely for failure to provide
33information.

34(B) The applicant provided, or caused another to provide, false
35information regarding the application or supplemental claim.

36(C) The applicant refused to apply for other benefits potentially
37available to him or her from other sources besides the board
38including, but not limited to, worker’s compensation, state
39disability insurance, social security benefits, and unemployment
40insurance.

P12   1(D) The applicant threatened violence or bodily harm to a
2member of the board or staff.

3(c) The board may contract with victim centers to provide
4verification of applications processed by the centers pursuant to
5conditions stated in subdivision (a). The board and its staff shall
6cooperate with the Office of Criminal Justice Planning and victim
7centers in conducting training sessions for center personnel and
8shall cooperate in the development of standardized verification
9procedures to be used by the victim centers in the state. The board
10and its staff shall cooperate with victim centers in disseminating
11standardized board policies and findings as they relate to the
12centers.

13(d) (1) Notwithstanding Section 827 of the Welfare and
14Institutions Code or any other provision of law, every law
15enforcement and social service agency in the state shall provide
16to the board or to victim centers that have contracts with the board
17pursuant to subdivision (c), upon request, a complete copy of the
18law enforcement report and any supplemental reports involving
19the crime or incident giving rise to a claim, a copy of a petition
20filed in a juvenile court proceeding, reports of the probation officer,
21and any other document made available to the probation officer
22or to the judge, referee, or other hearing officer, for the specific
23purpose of determining the eligibility of a claim filed pursuant to
24this chapter.

25(2)  The board and victim centers receiving records pursuant to
26this subdivision may not disclose a document that personally
27identifies a minor to anyone other than the minor who is so
28identified, his or her custodial parent or guardian, the attorneys
29for those parties, and any other persons that may be designated by
30court order. Any information received pursuant to this section shall
31be received in confidence for the limited purpose for which it was
32provided and may not be further disseminated. A violation of this
33subdivision is a misdemeanor punishable by a fine not to exceed
34five hundred dollars ($500).

35(3) The law enforcement agency supplying information pursuant
36to this section may withhold the names of witnesses or informants
37from the board, if the release of those names would be detrimental
38to the parties or to an investigation in progress.

39(e) Notwithstanding any other provision of law, every state
40agency, upon receipt of a copy of a release signed in accordance
P13   1with the Information Practices Act of 1977 (Chapter 1
2(commencing with Section 1798) of Title 1.8 of Part 4 of Division
33 of the Civil Code) by the applicant or other authorized
4representative, shall provide to the board or victim center the
5information necessary to complete the verification of an application
6filed pursuant to this chapter.

7(f) The Department of Justice shall furnish, upon application of
8the board, all information necessary to verify the eligibility of any
9applicant for benefits pursuant to subdivision (c) of Section 13956,
10to recover any restitution fine or order obligations that are owed
11to the Restitution Fund or to any victim of crime, or to evaluate
12the status of any criminal disposition.

13(g) A privilege is not waived under Section 912 of the Evidence
14Code by an applicant consenting to disclosure of an otherwise
15privileged communication if that disclosure is deemed necessary
16by the board for verification of the application.

17(h) Any verification conducted pursuant to this section shall be
18subject to the time limits specified in Section 13958.

19(i) Any county social worker acting as the applicant for a child
20victim or elder abuse victim shall not be required to provide
21personal identification, including, but not limited to, the applicant’s
22date of birth or social security number. County social workers
23acting in this capacity shall not be required to sign a promise of
24repayment to the board.

25

SEC. 3.  

Section 13955 of the Government Code is amended
26to read:

27

13955.  

Except as provided in Section 13956, a person shall be
28eligible for compensation when all of the following requirements
29are met:

30(a) The person for whom compensation is being sought is any
31of the following:

32(1) A victim.

33(2) A derivative victim.

34(3) (A) A person who is entitled to reimbursement for funeral,
35burial, or crime scene cleanup expenses pursuant to paragraph (9)
36or (10) of subdivision (a) of Section 13957.

37(B) This paragraph applies without respect to any felon status
38of the victim.

39(b) Either of the following conditions is met:

P14   1(1) The crime occurred in California. This paragraph shall apply
2only during those time periods during which the board determines
3that federal funds are available to the state for the compensation
4of victims of crime.

5(2) Whether or not the crime occurred in California, the victim
6was any of the following:

7(A) A resident of California.

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

9(C) A family member living with a member of the military
10stationed in California.

11(c) If compensation is being sought for a derivative victim, the
12derivative victim is a resident of California, or any other state, who
13is any of the following:

14(1) At the time of the crime was the parent, grandparent, sibling,
15spouse, child, or grandchild of the victim.

16(2) At the time of the crime was living in the household of the
17victim.

18(3) At the time of the crime was a person who had previously
19lived in the household of the victim for a period of not less than
20two years in a relationship substantially similar to a relationship
21listed in paragraph (1).

22(4) Is another family member of the victim, including, but not
23limited to, the victim’s fiancé or fiancée, and who witnessed the
24crime.

25(5) Is the primary caretaker of a minor victim, but was not the
26primary caretaker at the time of the crime.

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

28(e) (1) Except as provided in paragraph (2), the injury or death
29was a direct result of a crime.

30(2) Notwithstanding paragraph (1), no act involving the
31operation of a motor vehicle, aircraft, or water vehicle that results
32in injury or death constitutes a crime for the purposes of this
33chapter, except when the injury or death from such an act was any
34of the following:

35(A) Intentionally inflicted through the use of a motor vehicle,
36aircraft, or water vehicle.

37(B) Caused by a driver who fails to stop at the scene of an
38accident in violation of Section 20001 of the Vehicle Code.

39(C) Caused by a person who is under the influence of any
40alcoholic beverage or drug.

P15   1(D) Caused by a driver of a motor vehicle in the immediate act
2of fleeing the scene of a crime in which he or she knowingly and
3willingly participated.

4(E) Caused by a person who commits vehicular manslaughter
5in violation of subdivision (b) of Section 191.5, subdivision (c) of
6Section 192, or Section 192.5 of the Penal Code.

7(F) Caused by any party where a peace officer is operating a
8motor vehicle in an effort to apprehend a suspect, and the suspect
9is evading, fleeing, or otherwise attempting to elude the peace
10officer.

11(f) As a direct result of the crime, the victim or derivative victim
12sustained one or more of the following:

13(1) Physical injury. The board may presume a child who has
14been the witness of a crime of domestic violence has sustained
15physical injury. A child who resides in a home where a crime or
16crimes of domestic violence have occurred may be presumed by
17the board to have sustained physical injury, regardless of whether
18the child has witnessed the crime.

19(2) Emotional injury and a threat of physical injury.

20(3) Emotional injury, where the crime was a violation of any of
21the following provisions:

22(A) Section 236.1, 261, 262, 271, 273a, 273d, 285, 286, 288,
23288a, 288.5, 289, or 653.2, or subdivision (b) or (c) of Section
24311.4, of the Penal Code.

25(B) Section 270 of the Penal Code, where the emotional injury
26was a result of conduct other than a failure to pay child support,
27and criminal charges were filed.

28(C) Section 261.5 of the Penal Code, and criminal charges were
29filed.

30(D) Section 278 or 278.5 of the Penal Code, and criminal
31charges were filed. For purposes of this paragraph, the child, and
32not the nonoffending parent or other caretaker, shall be deemed
33the victim.

34(4) Injury to, or the death of, a guide, signal, or service dog, as
35defined in Section 54.1 of the Civil Code, as a result of a violation
36of Section 600.2 or 600.5 of the Penal Code.

37(5) Emotional injury to a victim who is a minor incurred as a
38direct result of the nonconsensual distribution of pictures or video
39of sexual conduct in which the minor appears.

P16   1(g) The injury or death has resulted or may result in pecuniary
2loss within the scope of compensation pursuant to Sections 13957
3to 13957.7, inclusive.

4

SEC. 4.  

Section 13956 of the Government Code is amended
5to read:

6

13956.  

Notwithstanding Section 13955, a person shall not be
7eligible for compensation under the following conditions:

8(a) An application may be denied, in whole or in part, if the
9board finds that denial is appropriate because of the nature of the
10victim’s or other applicant’s involvement in the events leading to
11the crime, or the involvement of the person whose injury or death
12gives rise to the application.

13(1) Factors that may be considered in determining whether the
14victim or derivative victim was involved in the events leading to
15the qualifying crime include, but are not limited to:

16(A) The victim or derivative victim initiated the qualifying
17crime, or provoked or aggravated the suspect into initiating the
18qualifying crime.

19(B) The qualifying crime was a reasonably foreseeable
20consequence of the conduct of the victim or derivative victim.

21(C) The victim or derivative victim was committing a crime
22that could be charged as a felony and reasonably lead to him or
23her being victimized. However, committing a crime shall not be
24considered involvement if the victim’s injury or death occurred as
25a direct result of a crime committed in violation of Section 261,
26262, or 273.5 of, or for a crime of unlawful sexual intercourse with
27a minor in violation of subdivision (d) of Section 261.5 of, the
28Penal Code.

29(2) If the victim is determined to have been involved in the
30events leading to the qualifying crime, factors that may be
31considered to mitigate or overcome involvement include, but are
32not limited to:

33(A) The victim’s injuries were significantly more serious than
34reasonably could have been expected based on the victim’s level
35of involvement.

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

38(C) The board shall consider the victim’s age, physical
39condition, and psychological state, as well as any compelling health
40and safety concerns, in determining whether the application should
P17   1be denied pursuant to this section. The application of a derivative
2victim of domestic violence under 18 years of age or derivative
3victim of trafficking under 18 years of age shall not be denied on
4the basis of the denial of the victim’s application under this
5subdivision.

6(b) (1) An application shall be denied if the board finds that
7the victim or, if compensation is sought by, or on behalf of, a
8derivative victim, either the victim or derivative victim failed to
9cooperate reasonably with a law enforcement agency in the
10apprehension and conviction of a criminal committing the crime.
11In determining whether cooperation has been reasonable, the board
12shall consider the victim’s or derivative victim’s age, physical
13condition, and psychological state, cultural or linguistic barriers,
14any compelling health and safety concerns, including, but not
15limited to, a reasonable fear of retaliation or harm that would
16jeopardize the well-being of the victim or the victim’s family or
17the derivative victim or the derivative victim’s family, and giving
18due consideration to the degree of cooperation of which the victim
19 or derivative victim is capable in light of the presence of any of
20these factors. A victim of domestic violence shall not be determined
21to have failed to cooperate based on his or her conduct with law
22enforcement at the scene of the crime. Lack of cooperation shall
23also not be found solely because a victim of sexual assault,
24domestic violence, or human trafficking delayed reporting the
25qualifying crime.

26(2) An application for a claim based on domestic violence shall
27not be denied solely because a police report was not made by the
28victim. The board shall adopt guidelines that allow the board to
29consider and approve applications for assistance based on domestic
30violence relying upon evidence other than a police report to
31establish that a domestic violence crime has occurred. Factors
32evidencing that a domestic violence crime has occurred may
33include, but are not limited to, medical records documenting
34injuries consistent with allegations of domestic violence, mental
35health records, or that the victim has obtained a permanent
36restraining order.

37(3) An application for a claim based on a sexual assault shall
38not be denied solely because a police report was not made by the
39victim. The board shall adopt guidelines that allow it to consider
40and approve applications for assistance based on a sexual assault
P18   1relying upon evidence other than a police report to establish that
2a sexual assault crime has occurred. Factors evidencing that a
3sexual assault crime has occurred may include, but are not limited
4to, medical records documenting injuries consistent with allegations
5of sexual assault, mental health records, or that the victim received
6a sexual assault examination.

7(4) An application for a claim based on human trafficking as
8defined in Section 236.1 of the Penal Code shall not be denied
9solely because no police report was made by the victim. The board
10shall adopt guidelines that allow the board to consider and approve
11applications for assistance based on human trafficking relying
12upon evidence other than a police report to establish that a human
13trafficking crime as defined in Section 236.1 of the Penal Code
14has occurred. That evidence may include any reliable corroborating
15information approved by the board, including, but not limited to,
16the following:

17(A) A Law Enforcement Agency Endorsement issued pursuant
18to Section 236.2 of the Penal Code.

19(B) A human trafficking caseworker, as identified in Section
201038.2 of the Evidence Code, has attested by affidavit that the
21individual was a victim of human trafficking.

22(5) (A) An application for a claim by a military personnel victim
23based on a sexual assault by another military personnel shall not
24be denied solely because it was not reported to a superior officer
25or law enforcement at the time of the crime.

26(B) Factors that the board shall consider for purposes of
27determining if a claim qualifies for compensation include, but are
28not limited to, the evidence of the following:

29(i) Restricted or unrestricted reports to a military victim
30advocate, sexual assault response coordinator, chaplain, attorney,
31or other military personnel.

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

33(iii) A written or oral report from military law enforcement or
34a civilian law enforcement agency concluding that a sexual assault
35crime was committed against the victim.

36(iv) A letter or other written statement from a sexual assault
37counselor, as defined in Section 1035.2 of the Evidence Code,
38licensed therapist, or mental health counselor, stating that the
39victim is seeking services related to the allegation of sexual assault.

P19   1(v) A credible witness to whom the victim disclosed the details
2that a sexual assault crime occurred.

3(vi) A restraining order from a military or civilian court against
4the perpetrator of the sexual assault.

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

6(C) For purposes of this subdivision, the sexual assault at issue
7shall have occurred during military service, including deployment.

8(D) For purposes of this subdivision, the sexual assault may
9have been committed off base.

10(E) For purposes of this subdivision, a “perpetrator” means an
11individual who is any of the following at the time of the sexual
12assault:

13(i) An active duty military personnel from the United States
14Army, Navy, Marine Corps, Air Force, or Coast Guard.

15(ii) A civilian employee of any military branch specified in
16clause (i), military base, or military deployment.

17(iii) A contractor or agent of a private military or private security
18company.

19(iv) A member of the California National Guard.

20(F) For purposes of this subdivision, “sexual assault” means an
21offense included in Section 261, 262, 264.1, 286, 288a, or 289 of
22the Penal Code, as of the date the act that added this paragraph
23was enacted.

24(c) (1) Notwithstanding Section 13955, no person who is
25convicted of a violent felony listed in subdivision (c) of Section
26667.5 of the Penal Code may be granted compensation until that
27person has been discharged from probation or has been released
28from a correctional institution and has been discharged from parole,
29 or has been discharged from postrelease community supervision
30or mandatory supervision, if any, for that violent crime. In no case
31shall compensation be granted to an applicant pursuant to this
32chapter during any period of time the applicant is held in a
33correctional institution, or while an applicant is required to register
34as a sex offender pursuant to Section 290 of the Penal Code.

35(2) A person who has been convicted of a violent felony listed
36in subdivision (c) of Section 667.5 of the Penal Code may apply
37for compensation pursuant to this chapter at any time, but the award
38of that compensation may not be considered until the applicant
39meets the requirements for compensation set forth in paragraph
40(1).

P20   1

SEC. 5.  

Section 13957 of the Government Code is amended
2to read:

3

13957.  

(a) The board may grant for pecuniary loss, when the
4board determines it will best aid the person seeking compensation,
5as follows:

6(1) Subject to the limitations set forth in Section 13957.2,
7reimburse the amount of medical or medical-related expenses
8incurred by the victim for services that were provided by a licensed
9medical provider, including, but not limited to, eyeglasses, hearing
10aids, dentures, or any prosthetic device taken, lost, or destroyed
11during the commission of the crime, or the use of which became
12necessary as a direct result of the crime.

13(2) Subject to the limitations set forth in Section 13957.2,
14reimburse the amount of outpatient psychiatric, psychological, or
15other mental health counseling-related expenses incurred by the
16victim or derivative victim, including peer counseling services
17provided by a rape crisis center as defined by Section 13837 of
18the Penal Code, and including family psychiatric, psychological,
19or mental health counseling for the successful treatment of the
20victim provided to family members of the victim in the presence
21of the victim, whether or not the family member relationship
22existed at the time of the crime, that became necessary as a direct
23result of the crime, subject to the following conditions:

24(A) The following persons may be reimbursed for the expense
25of their outpatient mental health counseling in an amount not to
26exceed ten thousand dollars ($10,000):

27(i) A victim.

28(ii) A derivative victim who is the surviving parent, grandparent,
29sibling, child, grandchild, spouse, fiancé, or fiancée of a victim of
30a crime that directly resulted in the death of the victim.

31(iii) A derivative victim, as described in paragraphs (1) to (4),
32inclusive, of subdivision (c) of Section 13955, who is the primary
33caretaker of a minor victim whose claim is not denied or reduced
34pursuant to Section 13956 in a total amount not to exceed ten
35thousand dollars ($10,000) for not more than two derivative
36victims.

37(B) The following persons may be reimbursed for the expense
38of their outpatient mental health counseling in an amount not to
39exceed five thousand dollars ($5,000):

P21   1(i) A derivative victim not eligible for reimbursement pursuant
2to subparagraph (A), provided that mental health counseling of a
3derivative victim described in paragraph (5) of subdivision (c) of
4Section 13955, shall be reimbursed only if that counseling is
5necessary for the treatment of the victim.

6(ii) A minor who suffers emotional injury as a direct result of
7witnessing a violent crime and who is not eligible for
8reimbursement of the costs of outpatient mental health counseling
9under any other provision of this chapter. To be eligible for
10reimbursement under this clause, the minor must have been in
11close proximity to the victim when he or she witnessed the crime.

12(C) The board may reimburse a victim or derivative victim for
13 outpatient mental health counseling in excess of that authorized
14by subparagraph (A) or (B) or for inpatient psychiatric,
15psychological, or other mental health counseling if the claim is
16based on dire or exceptional circumstances that require more
17extensive treatment, as approved by the board.

18(D) Expenses for psychiatric, psychological, or other mental
19health counseling-related services may be reimbursed only if the
20services were provided by either of the following individuals:

21(i) A person who would have been authorized to provide those
22services pursuant to former Article 1 (commencing with Section
2313959) as it read on January 1, 2002.

24(ii) A person who is licensed in California to provide those
25 services, or who is properly supervised by a person who is licensed
26in California to provide those services, subject to the board’s
27approval and subject to the limitations and restrictions the board
28may impose.

29(3) Subject to the limitations set forth in Section 13957.5,
30authorize compensation equal to the loss of income or loss of
31 support, or both, that a victim or derivative victim incurs as a direct
32result of the victim’s or derivative victim’s injury or the victim’s
33death. If the victim or derivative victim requests that the board
34give priority to reimbursement of loss of income or support, the
35board may not pay medical expenses, or mental health counseling
36expenses, except upon the request of the victim or derivative victim
37or after determining that payment of these expenses will not
38decrease the funds available for payment of loss of income or
39support.

P22   1(4) Authorize a cash payment to or on behalf of the victim for
2job retraining or similar employment-oriented services.

3(5) Reimburse the expense of installing or increasing residential
4security, not to exceed one thousand dollars ($1,000). Installing
5or increasing residential security may include, but need not be
6limited to, both of the following:

7(A) Home security device or system.

8(B) Replacing or increasing the number of locks.

9(6) Reimburse the expense of renovating or retrofitting a
10victim’s residence, or the expense of modifying or purchasing a
11vehicle, to make the residence or the vehicle accessible or
12operational by a victim upon verification that the expense is
13medically necessary for a victim who is permanently disabled as
14a direct result of the crime, whether the disability is partial or total.

15(7) (A) Authorize a cash payment or reimbursement not to
16exceed two thousand dollars ($2,000) to a victim for expenses
17incurred in relocating, if the expenses are determined by law
18enforcement to be necessary for the personal safety of the victim
19or by a mental health treatment provider to be necessary for the
20emotional well-being of the victim.

21(B) The cash payment or reimbursement made under this
22paragraph shall only be awarded to one claimant per crime giving
23rise to the relocation. The board may authorize more than one
24relocation per crime if necessary for the personal safety or
25emotional well-being of the claimant. However, the total cash
26payment or reimbursement for all relocations due to the same crime
27shall not exceed two thousand dollars ($2,000). For purposes of
28this paragraph a claimant is the crime victim, or, if the victim is
29deceased, a person who resided with the deceased at the time of
30the crime.

31(C) The board may, under compelling circumstances, award a
32second cash payment or reimbursement to a victim for another
33crime if both of the following conditions are met:

34(i) The crime occurs more than three years from the date of the
35crime giving rise to the initial relocation cash payment or
36reimbursement.

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

38(D) When a relocation payment or reimbursement is provided
39to a victim of sexual assault or domestic violence and the identity
40of the offender is known to the victim, the victim shall agree not
P23   1to inform the offender of the location of the victim’s new residence
2and not to allow the offender on the premises at any time, or shall
3agree to seek a restraining order against the offender. A victim
4may be required to repay the relocation payment or reimbursement
5to the board if he or she violates the terms set forth in this
6paragraph.

7(E) Notwithstanding subparagraphs (A) and (B), the board may
8increase the cash payment or reimbursement for expenses incurred
9in relocating to an amount greater than two thousand dollars
10($2,000), if the board finds this amount is appropriate due to the
11unusual, dire, or exceptional circumstances of a particular claim.

12(F) If a security deposit is required for relocation, the board
13shall be named as the recipient and receive the funds upon
14expiration of the victim’s rental agreement.

15(8) When a victim dies as a result of a crime, the board may
16reimburse any individual who voluntarily, and without anticipation
17of personal gain, pays or assumes the obligation to pay any of the
18following expenses:

19(A) The medical expenses incurred as a direct result of the crime
20in an amount not to exceed the rates or limitations established by
21the board.

22(B) The funeral and burial expenses incurred as a direct result
23of the crime, not to exceed seven thousand five hundred dollars
24($7,500). The board shall not create or comply with a regulation
25or policy that mandates a lower maximum potential amount of an
26award pursuant to this subparagraph for less than seven thousand
27five hundred dollars ($7,500).

28(9) When the crime occurs in a residence or inside a vehicle,
29the board may reimburse any individual who voluntarily, and
30without anticipation of personal gain, pays or assumes the
31obligation to pay the reasonable costs to clean the scene of the
32crime in an amount not to exceed one thousand dollars ($1,000).
33Services reimbursed pursuant to this subdivision shall be performed
34by persons registered with the State Department of Public Health
35as trauma scene waste practitioners in accordance with Chapter
369.5 (commencing with Section 118321) of Part 14 of Division 104
37of the Health and Safety Code.

38(10) When the crime is a violation of Section 600.2 or 600.5 of
39the Penal Code, the board may reimburse the expense of veterinary
40services, replacement costs, or other reasonable expenses, as
P24   1 ordered by the court pursuant to Section 600.2 or 600.5 of the
2Penal Code, in an amount not to exceed ten thousand dollars
3($10,000).

4(11) An award of compensation pursuant to paragraph (5) of
5subdivision (f) of Section 13955 shall be limited to compensation
6to provide mental health counseling and shall not limit the
7eligibility of a victim for an award that he or she may be otherwise
8entitled to receive under this part. A derivative victim shall not be
9eligible for compensation under this provision.

10(b) The total award to or on behalf of each victim or derivative
11victim may not exceed thirty-five thousand dollars ($35,000),
12except that this award may be increased to an amount not exceeding
13seventy thousand dollars ($70,000) if federal funds for that increase
14are available.

15

SEC. 6.  

Section 13957.5 of the Government Code is amended
16to read:

17

13957.5.  

(a) In authorizing compensation for loss of income
18and support pursuant to paragraph (3) of subdivision (a) of Section
1913957, the board may take any of the following actions:

20(1) Compensate the victim for loss of income directly resulting
21from the injury, except that loss of income may not be paid by the
22board for more than five years following the crime, unless the
23victim is disabled as defined in Section 416(i) of Title 42 of the
24United States Code, as a direct result of the injury.

25(2) Compensate an adult derivative victim for loss of income,
26subject to all of the following:

27(A) The derivative victim is the parent or legal guardian of a
28victim, who at the time of the crime was under the age of 18 years
29and is hospitalized as a direct result of the crime.

30(B) The minor victim’s treating physician certifies in writing
31that the presence of the victim’s parent or legal guardian at the
32hospital is necessary for the treatment of the victim.

33(C) Reimbursement for loss of income under this paragraph
34may not exceed the total value of the income that would have been
35earned by the adult derivative victim during a 30-day period.

36(3) Compensate an adult derivative victim for loss of income,
37subject to all of the following:

38(A) The derivative victim is the parent or legal guardian of a
39victim who at the time of the crime was under the age of 18 years.

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

P25   1(C) The board shall pay for loss of income under this paragraph
2for not more than 30 calendar days from the date of the victim’s
3death.

4(4) Compensate a derivative victim who was legally dependent
5on the victim at the time of the crime for the loss of support
6incurred by that person as a direct result of the crime, subject to
7both of the following:

8(A) Loss of support shall be paid by the board for income lost
9by an adult for a period up to, but not more than, five years
10following the date of the crime.

11(B) Loss of support shall not be paid by the board on behalf of
12a minor for a period beyond the child’s attaining the age of 18
13years.

14(b) The total amount payable to all derivative victims pursuant
15to this section as the result of one crime may not exceed seventy
16thousand dollars ($70,000).

17

SEC. 7.  

Section 13957.7 of the Government Code is amended
18to read:

19

13957.7.  

(a) No reimbursement may be made for any expense
20that is submitted more than three years after it is incurred by the
21victim or derivative victim. However, reimbursement may be made
22for an expense submitted more than three years after the date it is
23incurred if the victim or derivative victim has affirmed the debt
24and is liable for the debt at the time the expense is submitted for
25reimbursement, or has paid the expense as a direct result of a crime
26for which a timely application has been filed or has paid the
27expense as a direct result of a crime for which an application has
28been filed and approved.

29(b) Compensation made pursuant to this chapter may be on a
30one-time or periodic basis. If periodic, the board may increase,
31reduce, or terminate the amount of compensation according to the
32applicant’s need, subject to the maximum limits provided in this
33chapter.

34(c) (1) The board may authorize direct payment to a provider
35of services that are reimbursable pursuant to this chapter and may
36make those payments prior to verification. However, the board
37may not, without good cause, authorize a direct payment to a
38provider over the objection of the victim or derivative victim.

39(2) Reimbursement on the initial claim for any psychological,
40psychiatric, or mental health counseling services shall, if the
P26   1application has been approved, be paid by the board within 90
2days of the date of receipt of the claim for payment, with
3subsequent payments to be made to the provider within one month
4of the receipt of a claim for payment.

5(d) Payments for peer counseling services provided by a rape
6crisis center may not exceed fifteen dollars ($15) for each hour of
7services provided. Those services shall be limited to in-person
8counseling for a period not to exceed 10 weeks plus one series of
9facilitated support group counseling sessions.

10(e) The board shall develop procedures to ensure that a victim
11is using compensation for job retraining or relocation only for its
12intended purposes. The procedures may include, but need not be
13limited to, requiring copies of receipts, agreements, or other
14documents as requested, or developing a method for direct
15payment.

16(f) Compensation granted pursuant to this chapter shall not
17disqualify an otherwise eligible applicant from participation in any
18other public assistance program.

19(g) The board shall pay attorney’s fees representing the
20reasonable value of legal services rendered to the applicant, in an
21amount equal to 10 percent of the amount of the award, or five
22hundred dollars ($500), whichever is less, for each victim and each
23derivative victim. The board may request that an attorney provide
24verification of legal services provided to an applicant and the board
25may contact an applicant to verify that legal services were provided.
26An attorney receiving fees from another source may waive the
27right to receive fees under this subdivision. Payments under this
28subdivision shall be in addition to any amount authorized or
29ordered under subdivision (b) of Section 13960. An attorney may
30not charge, demand, receive, or collect any amount for services
31rendered in connection with any proceedings under this chapter
32except as awarded under this chapter.

33(h) A private nonprofit agency shall be reimbursed for its
34services at the level of the normal and customary fee charged by
35the private nonprofit agency to clients with adequate means of
36payment for its services, except that this reimbursement may not
37exceed the maximum reimbursement rates set by the board and
38may be made only to the extent that the victim otherwise qualifies
39for compensation under this chapter and that other reimbursement
40or direct subsidies are not available to serve the victim.

P27   1

SEC. 8.  

Section 13957.9 of the Government Code is amended
2to read:

3

13957.9.  

(a)  In addition to the authorization provided in
4Section 13957 and subject to the limitations set forth in Section
513957.2, the board may grant for pecuniary loss, when the board
6determines it will best aid the person seeking compensation,
7reimbursement of the amount of outpatient psychiatric,
8psychological, or other mental health counseling-related expenses
9incurred by the victim or derivative victim, including peer
10counseling services provided by violence peer counseling services
11provided by a service organization for victims of violent crime,
12and including family psychiatric, psychological, or mental health
13counseling for the successful treatment of the victim provided to
14family members of the victim in the presence of the victim, whether
15or not the family member relationship existed at the time of the
16crime, that became necessary as a direct result of the crime, subject
17to the following conditions:

18(1) The following persons may be reimbursed for the expense
19of their outpatient mental health counseling in an amount not to
20exceed ten thousand dollars ($10,000):

21(A) A victim.

22(B) A derivative victim who is the surviving parent, sibling,
23child, spouse, fiancé, or fiancée of a victim of a crime that directly
24resulted in the death of the victim.

25(C) A derivative victim, as described in paragraphs (1) to (4),
26inclusive, of subdivision (c) of Section 13955, who is the primary
27caretaker of a minor victim whose claim is not denied or reduced
28pursuant to Section 13956 in a total amount not to exceed ten
29thousand dollars ($10,000) for not more than two derivative
30victims.

31(2) The following persons may be reimbursed for the expense
32of their outpatient mental health counseling in an amount not to
33exceed five thousand dollars ($5,000):

34(A) A derivative victim not eligible for reimbursement pursuant
35to paragraph (1), provided that mental health counseling of a
36derivative victim described in paragraph (5) of subdivision (c) of
37Section 13955, shall be reimbursed only if that counseling is
38necessary for the treatment of the victim.

39(B) A victim of a crime of unlawful sexual intercourse with a
40minor committed in violation of subdivision (d) of Section 261.5
P28   1of the Penal Code. A derivative victim of a crime committed in
2violation of subdivision (d) of Section 261.5 of the Penal Code
3shall not be eligible for reimbursement of mental health counseling
4expenses.

5(C) A minor who suffers emotional injury as a direct result of
6witnessing a violent crime and who is not eligible for
7reimbursement of the costs of outpatient mental health counseling
8under any other provision of this chapter. To be eligible for
9reimbursement under this clause, the minor must have been in
10close proximity to the victim when he or she witnessed the crime.

11(3) The board may reimburse a victim or derivative victim for
12outpatient mental health counseling in excess of that authorized
13by paragraph (1) or (2) or for inpatient psychiatric, psychological,
14or other mental health counseling if the claim is based on dire or
15exceptional circumstances that require more extensive treatment,
16as approved by the board.

17(4) Expenses for psychiatric, psychological, or other mental
18health counseling-related services may be reimbursed only if the
19services were provided by either of the following individuals:

20(A) A person who would have been authorized to provide those
21services pursuant to former Article 1 (commencing with Section
2213959) as it read on January 1, 2002.

23(B) A person who is licensed by the state to provide those
24services, or who is properly supervised by a person who is so
25licensed, subject to the board’s approval and subject to the
26limitations and restrictions the board may impose.

27(b) The total award to or on behalf of each victim or derivative
28victim may not exceed thirty-five thousand dollars ($35,000),
29except that this amount may be increased to seventy thousand
30dollars ($70,000) if federal funds for that increase are available.

31(c) For the purposes of this section, the following definitions
32shall apply:

33(1) “Service organization for victims of violent crime” means
34a nonprofit and charitable organization that meets both of the
35following criteria:

36(A) Its primary mission is to provide services to victims of
37violent crime.

38(B) It provides programs or services to victims of violent crime
39and their families, and other programs, whether or not a similar
40program exists in an agency that provides additional services.

P29   1(2) “Violence peer counseling services” means counseling by
2a violence peer counselor for the purpose of rendering advice or
3assistance for victims of violent crime and their families. Any
4violence peer counseling services that fall under the scope of
5practice of the Licensed Marriage and Family Therapist Act
6(Chapter 13 (commencing with Section 4980) of Division 2 of the
7Business and Professions Code), the Educational Psychologist
8Practice Act (Chapter 13.5 (commencing with Section 4989.10)
9of Division 2 of the Business and Professions Code), the Clinical
10 Social Worker Practice Act (Chapter 14 (commencing with Section
114991) of Division 2 of the Business and Professions Code), and
12the Licensed Professional Clinical Counselor Act (Chapter 16
13(commencing with Section 4999.10) of Division 2 of the Business
14and Professions Code), which are not performed in an exempt
15setting as defined in Sections 4980.01, 4996.14, and 4999.22 of
16the Business and Professions Code, shall only be performed by a
17licensee or a registrant of the Board of Behavioral Sciences or
18other appropriately licensed professional, such as a licensed
19psychologist or board certified psychiatrist.

20(3) “Violence peer counselor” means a provider of supportive
21andbegin delete peerend delete nonpsychotherapeuticbegin insert peerend insert counseling services who is
22employed by a service organization for victims of violent crime,
23whether financially compensated or not, and who meets all of the
24following requirements:

25(A) Possesses at least six months of full-time equivalent
26experience in providing peer support services acquired through
27employment, volunteer work, or as part of an internship experience.

28(B) Completed a training program aimed at preparing an
29individual who was once a mental health services consumer to use
30his or her life experience with mental health treatment, combined
31with other strengths and skills, to promote the mental health
32recovery of other mental health services consumers who are in
33need of peer-based services relating to recovery as a victim of a
34violent crime.

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

36(i) The profound neurological, biological, psychological, and
37social effects of trauma and violence.

38(ii) Peace-building and violence prevention strategies, including,
39but not limited to, conflict mediation and retaliation prevention
40related to gangs and gang-related violence.

P30   1(iii) Post-traumatic stress disorder and vicarious trauma,
2especially as related to gangs and gang-related violence.

3(iv) Case management practices, including, but not limited to,
4ethics and victim compensation advocacy.

5(D) When providing violence peer counseling services, is
6supervised by a marriage and family therapist licensed pursuant
7to Chapter 13 (commencing with Section 4980) of Division 2 of
8the Business and Professions Code, a licensed educational
9psychologist licensed pursuant to Chapter 13.5 (commencing with
10Section 4989.10) of Division 2 of the Business and Professions
11Code, a clinical social worker licensed pursuant to Chapter 14
12(commencing with Section 4991) of Division 2 of the Business
13and Professions Code, or a licensed professional clinical counselor
14licensed pursuant to Chapter 16 (commencing with Section
154999.10) of Division 2 of the Business and Professions Code. For
16the purposes of this subparagraph, a licensed marriage and family
17therapist, licensed educational psychologist, licensed clinical social
18worker, or licensed professional clinical counselor shall be
19employed by the same service organization as the violence peer
20counselor.

21(d) This section shall remain in effect only until January 1, 2017,
22and as of that date is repealed, unless a later enacted statute, that
23is enacted before January 1, 2017, deletes or extends that date.

24

SEC. 9.  

Section 13959 of the Government Code is amended
25to read:

26

13959.  

(a) The board shall grant a hearing to an applicant who
27contests a staff recommendation to deny compensation in whole
28or in part.

29(b) The board shall notify the applicant not less than 10 days
30prior to the date of the hearing. Notwithstanding Section 11123,
31if the application that the board is considering involves either a
32crime against a minor, a crime of sexual assault, or a crime of
33domestic violence, the board may exclude from the hearing all
34persons other than board members and members of its staff, the
35applicant for benefits, a minor applicant’s parents or guardians,
36the applicant’s representative, witnesses, and other persons of the
37applicant’s choice to provide assistance to the applicant during the
38hearing. However, the board shall not exclude persons from the
39hearing if the applicant or applicant’s representative requests that
40the hearing be open to the public.

P31   1(c) At the hearing, the person seeking compensation shall have
2the burden of establishing, by a preponderance of the evidence,
3the elements for eligibility under Section 13955.

4(d) Except as otherwise provided by law, in making
5determinations of eligibility for compensation and in deciding
6upon the amount of compensation, the board shall apply the law
7in effect as of the date an application was submitted.

8(e) (1) The hearing shall be informal and need not be conducted
9according to the technical rules relating to evidence and witnesses.
10The board may rely on any relevant evidence if it is the sort of
11evidence on which responsible persons are accustomed to rely in
12the conduct of serious affairs, regardless of the existence of a
13common law or statutory rule that might make improper the
14admission of the evidence over objection in a civil action. The
15board may rely on written reports prepared for the board, or other
16information received, from public agencies responsible for
17investigating the crime. If the applicant or the applicant’s
18representative chooses not to appear at the hearing, the board may
19act solely upon the application for compensation, the staff’s report,
20and other evidence that appears in the record.

21(2) The board shall allow a service animal to accompany and
22support a witness while testifying at a hearing.

23(f) Hearings shall be held in various locations with the frequency
24necessary to provide for the speedy adjudication of the applications.
25If the applicant’s presence is required at the hearing, the board
26shall schedule the applicant’s hearing in as convenient a location
27as possible or conduct the hearing by telephone.

28(g) The board may delegate the hearing of applications to
29hearing officers.

30(h) The decisions of the board shall be in writing. Copies of the
31decisions shall be delivered to the applicant or to his or her
32representative personally or sent to him or her by mail.

33(i) The board may order a reconsideration of all or part of a
34decision on written request of the applicant. The board shall not
35grant more than one request for reconsideration with respect to
36any one decision on an application for compensation. The board
37shall not consider any request for reconsideration filed with the
38board more than 30 calendar days after the personal delivery or
3960 calendar days after the mailing of the original decision.

P32   1(j) The board may order a reconsideration of all or part of a
2decision on its own motion, at its discretion, at any time.

3(k) Evidence submitted after the board has denied a request for
4reconsideration shall not be considered unless the board chooses
5to reconsider its decision on its own motion.

6

SEC. 10.  

Section 13963 of the Government Code is amended
7to read:

8

13963.  

(a) The board shall be subrogated to the rights of the
9recipient to the extent of any compensation granted by the board.
10The subrogation rights shall be against the perpetrator of the crime
11or any person liable for the losses suffered as a direct result of the
12crime which was the basis for receipt of compensation, including
13an insurer held liable in accordance with the provision of a policy
14of insurance issued pursuant to Section 11580.2 of the Insurance
15Code.

16(b) The board shall also be entitled to a lien on any judgment,
17award, or settlement in favor of or on behalf of the recipient for
18losses suffered as a direct result of the crime that was the basis for
19receipt of compensation in the amount of the compensation granted
20by the board. The board may recover this amount in a separate
21action, or may intervene in an action brought by or on behalf of
22the recipient. If a claim is filed within one year of the date of
23recovery, the board shall pay 25 percent of the amount of the
24recovery that is subject to a lien on the judgment, award, or
25settlement, to the recipient responsible for recovery if the recipient
26notified the board of the action prior to receiving any recovery.
27The remaining amount, and any amount not claimed within one
28year pursuant to this section, shall be deposited in the Restitution
29Fund.

30(c) The board may compromise or settle and release any lien
31pursuant to this chapter if it is found that the action is in the best
32interest of the state or the collection would cause undue hardship
33upon the recipient. Repayment obligations to the Restitution Fund
34shall be enforceable as a summary judgment.

35(d) No judgment, award, or settlement in any action or claim
36by a recipient, where the board has an interest, shall be satisfied
37without first giving the board notice and a reasonable opportunity
38to perfect and satisfy the lien. The notice shall be given to the
39board in Sacramento except in cases where the board specifies that
40the notice shall be given otherwise. The notice shall include the
P33   1complete terms of the award, settlement, or judgment, and the
2name and address of any insurer directly or indirectly providing
3for the satisfaction.

4(e) (1) If the recipient brings an action or asserts a claim for
5damages against the person or persons liable for the injury or death
6giving rise to an award by the board under this chapter, notice of
7the institution of legal proceedings, notice of all hearings,
8conferences, and proceedings, and notice of settlement shall be
9given to the board in Sacramento except in cases where the board
10specifies that notice shall be given to the Attorney General. Notice
11of the institution of legal proceedings shall be given to the board
12within 30 days of filing the action. All notices shall be given by
13the attorney employed to bring the action for damages or by the
14recipient if no attorney is employed.

15(2) Notice shall include all of the following:

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

17(B) The address of all parties to the claim or action except for
18those persons represented by attorneys and in that case the name
19of the party and the name and address of the attorney.

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

21(D) In the case of actions before courts or administrative
22agencies, the full title of the case including the identity of the court
23or agency, the names of the parties, and the case or docket number.

24(3) When the recipient or his or her attorney has reason to
25believe that a person from whom damages are sought is receiving
26a defense provided in whole or in part by an insurer, or is insured
27for the injury caused to the recipient, notice shall include a
28statement of that fact and the name and address of the insurer.
29Upon request of the board, a person obligated to provide notice
30shall provide the board with a copy of the current written claim or
31complaint.

32(f) The board shall pay the county probation department or other
33county agency responsible for collection of funds owed to the
34Restitution Fund under Section 13967, as operative on or before
35September 28, 1994, Section 1202.4 of the Penal Code, Section
361203.04 of the Penal Code, as operative on or before August 2,
371995, or Section 730.6 of the Welfare and Institutions Code, 10
38percent of the funds so owed and collected by the county agency
39and deposited in the Restitution Fund. This payment shall be made
40only when the funds are deposited in the Restitution Fund within
P34   145 days of the end of the month in which the funds are collected.
2Receiving 10 percent of the moneys collected as being owed to
3the Restitution Fund shall be considered an incentive for collection
4efforts and shall be used for furthering these collection efforts.
5The 10-percent rebates shall be used to augment the budgets for
6the county agencies responsible for collection of funds owed to
7the Restitution Fund, as provided in Section 13967, as operative
8on or before September 28, 1994, Section 1202.4 of the Penal
9Code, Section 1203.04 of the Penal Code, operative on or before
10August 2, 1995, or Section 730.6 of the Welfare and Institutions
11Code. The 10-percent rebates shall not be used to supplant county
12funding.

13(g) In the event of judgment or award in a suit or claim against
14a third party or insurer, if the action or claim is prosecuted by the
15recipient alone, the court or agency shall first order paid from any
16judgment or award the reasonable litigation expenses incurred in
17preparation and prosecution of the action or claim, together with
18reasonable attorney’s fees when an attorney has been retained.
19After payment of the expenses and attorney’s fees, the court or
20agency shall, on the application of the board, allow as a lien against
21the amount of the judgment or award, the amount of the
22compensation granted by the board to the recipient for losses
23sustained as a result of the same incident upon which the
24settlement, award, or judgment is based.

25(h) For purposes of this section, “recipient” means any person
26who has received compensation or will be provided compensation
27pursuant to this chapter, including the victim’s guardian,
28conservator or other personal representative, estate, and survivors.

29(i) In accordance with subparagraph (B) of paragraph (4) of
30subdivision (f) of Section 1202.4 of the Penal Code, a
31representative of the board may provide the probation department,
32district attorney, and court with information relevant to the board’s
33losses prior to the imposition of a sentence.

34

SEC. 11.  

Section 13965 of the Government Code is amended
35to read:

36

13965.  

(a)  Any recipient of an overpayment pursuant to this
37chapter is liable to repay the board that amount unless both of the
38following facts exist:

39(1) The overpayment was not due to fraud, misrepresentation,
40or willful nondisclosure on the part of the recipient.

P35   1(2) The overpayment was received without fault on the part of
2the recipient, and its recovery would be against equity and good
3conscience.

4(b) All actions to collect overpayments shall commence within
5seven years from the date of the overpayment. However, an action
6to collect an overpayment due to fraud, misrepresentation, or
7willful nondisclosure by the recipient may be commenced at any
8time.

9(c) Any recipient of an overpayment is authorized to contest
10the staff recommendation of an overpayment pursuant to the
11hearing procedures in Section 13959. If a final determination is
12made by the board that an overpayment exists, the board may
13collect the overpayment in any manner prescribed by law.

14(d) All overpayments exceeding two thousand dollars ($2,000)
15shall be reported to the Legislature pursuant to Section 13928 and
16the relief from liability described in subdivision (a) shall be subject
17to legislative approval.

18

SEC. 12.  

Section 13971 of the Government Code is amended
19to read:

20

13971.  

As used in this article, “private citizen” means any
21person other than a peace officer, fireman, lifeguard, or person
22whose employment includes the duty to protect the public safety
23acting within the course and scope of such employment.

24

SEC. 13.  

Section 13972 of the Government Code is amended
25to read:

26

13972.  

(a) If a private citizen incurs personal injury or death
27or damage to his or her property in preventing the commission of
28a crime against the person or property of another, in apprehending
29a criminal, or in materially assisting a peace officer in prevention
30of a crime or apprehension of a criminal, or rescuing a person in
31immediate danger of injury or death as a result of fire, drowning,
32or other catastrophe, the private citizen, his or her surviving spouse,
33his or her surviving children, a person dependent upon the citizen
34for his or her principal support, any person legally liable for the
35citizen’s pecuniary losses, or a public safety or law enforcement
36agency acting on behalf of any of the above may file a claim with
37the California Victim Compensation and Government Claims
38Board for indemnification to the extent that the claimant is not
39compensated from any other source for the injury, death, or
40damage. The claim shall generally show all of the following:

P36   1(1) The date, place, and other circumstances of the occurrence
2or events that gave rise to the claim.

3(2) A general description of the activities of the private citizen
4in prevention of a crime, apprehension of a criminal, or rescuing
5a person in immediate danger of injury or death as a result of fire,
6drowning, or other catastrophe.

7(3) The amount or estimated amount of the injury, death, or
8damage sustained for which the claimant is not compensated from
9any other source, insofar as it may be known at the time of the
10presentation of the claim.

11(4) Any other information that the California Victim
12Compensation and Government Claims Board may require.

13(b) A claim filed under subdivision (a) shall be accompanied
14by a corroborating statement and recommendation from the
15appropriate state or local public safety or law enforcement agency.

16

SEC. 14.  

Section 13973 of the Government Code is amended
17to read:

18

13973.  

(a) Upon presentation of a claim pursuant to this
19chapter, the California Victim Compensation and Government
20Claims Board shall fix a time and place for the hearing of the claim,
21and shall mail notices of the hearing to interested persons or
22agencies. The board shall receive recommendations from public
23safety or law enforcement agencies, and evidence showing all of
24the following:

25(1) The nature of the crime committed by the apprehended
26criminal or prevented by the action of the private citizen, or the
27nature of the action of the private citizen in rescuing a person in
28immediate danger of injury or death as a result of fire, drowning,
29or other catastrophe, and the circumstances involved.

30(2) That the actions of the private citizen substantially and
31materially contributed to the apprehension of a criminal, the
32prevention of a crime, or the rescuing of a person in immediate
33danger of injury or death as a result of fire, drowning, or other
34catastrophe.

35(3) That, as a direct consequence, the private citizen incurred
36personal injury or damage to property or died.

37(4) The extent of the injury or damage for which the claimant
38is not compensated from any other source.

39(5) Any other evidence that the board may require.

P37   1(b) If the board determines, on the basis of a preponderance of
2the evidence, that the state should indemnify the claimant for the
3injury, death, or damage sustained, it shall approve the claim for
4payment. In no event shall a claim be approved by the board under
5this article in excess of ten thousand dollars ($10,000).

6(c) In addition to any award made under this chapter, the board
7may award, as attorney’s fees, an amount representing the
8reasonable value of legal services rendered a claimant, but in no
9event to exceed 10 percent of the amount of the award. No attorney
10shall charge, demand, receive, or collect for services rendered in
11connection with any proceedings under this chapter any amount
12other than that awarded as attorney’s fees under this section. Claims
13approved under this chapter shall be paid from a separate
14appropriation made to the California Victim Compensation and
15Government Claims Board in the Budget Act and as the claims
16are approved by the board.

17

SEC. 15.  

Section 1202.4 of the Penal Code is amended to read:

18

1202.4.  

(a) (1) It is the intent of the Legislature that a victim
19of crime who incurs an economic loss as a result of the commission
20of a crime shall receive restitution directly from a defendant
21convicted of that crime.

22(2) Upon a person being convicted of a crime in the State of
23California, the court shall order the defendant to pay a fine in the
24form of a penalty assessment in accordance with Section 1464.

25(3) The court, in addition to any other penalty provided or
26imposed under the law, shall order the defendant to pay both of
27the following:

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

29(B) Restitution to the victim or victims, if any, in accordance
30with subdivision (f), which shall be enforceable as if the order
31were a civil judgment.

32(b) In every case where a person is convicted of a crime, the
33court shall impose a separate and additional restitution fine, unless
34it finds compelling and extraordinary reasons for not doing so and
35states those reasons on the record.

36(1) The restitution fine shall be set at the discretion of the court
37and commensurate with the seriousness of the offense. If the person
38is convicted of a felony, the fine shall not be less than two hundred
39forty dollars ($240) starting on January 1, 2012, two hundred eighty
40dollars ($280) starting on January 1, 2013, and three hundred
P38   1dollars ($300) starting on January 1, 2014, and not more than ten
2thousand dollars ($10,000). If the person is convicted of a
3misdemeanor, the fine shall not be less than one hundred twenty
4dollars ($120) starting on January 1, 2012, one hundred forty
5dollars ($140) starting on January 1, 2013, and one hundred fifty
6dollars ($150) starting on January 1, 2014, and not more than one
7thousand dollars ($1,000).

8(2) In setting a felony restitution fine, the court may determine
9the amount of the fine as the product of the minimum fine pursuant
10to paragraph (1) multiplied by the number of years of imprisonment
11the defendant is ordered to serve, multiplied by the number of
12felony counts of which the defendant is convicted.

13(c) The court shall impose the restitution fine unless it finds
14compelling and extraordinary reasons for not doing so and states
15those reasons on the record. A defendant’s inability to pay shall
16not be considered a compelling and extraordinary reason not to
17impose a restitution fine. Inability to pay may be considered only
18in increasing the amount of the restitution fine in excess of the
19minimum fine pursuant to paragraph (1) of subdivision (b). The
20court may specify that funds confiscated at the time of the
21defendant’s arrest, except for funds confiscated pursuant to Section
2211469 of the Health and Safety Code, be applied to the restitution
23fine if the funds are not exempt for spousal or child support or
24subject to any other legal exemption.

25(d) In setting the amount of the fine pursuant to subdivision (b)
26in excess of the minimum fine pursuant to paragraph (1) of
27subdivision (b), the court shall consider any relevant factors,
28including, but not limited to, the defendant’s inability to pay, the
29seriousness and gravity of the offense and the circumstances of its
30commission, any economic gain derived by the defendant as a
31result of the crime, the extent to which any other person suffered
32losses as a result of the crime, and the number of victims involved
33in the crime. Those losses may include pecuniary losses to the
34victim or his or her dependents as well as intangible losses, such
35as psychological harm caused by the crime. Consideration of a
36defendant’s inability to pay may include his or her future earning
37capacity. A defendant shall bear the burden of demonstrating his
38or her inability to pay. Express findings by the court as to the
39factors bearing on the amount of the fine shall not be required. A
40separate hearing for the fine shall not be required.

P39   1(e) The restitution fine shall not be subject to penalty
2assessments authorized in Section 1464 or Chapter 12
3(commencing with Section 76000) of Title 8 of the Government
4Code, or the state surcharge authorized in Section 1465.7, and
5shall be deposited in the Restitution Fund in the State Treasury.

6(f) Except as provided in subdivisions (q) and (r), in every case
7in which a victim has suffered economic loss as a result of the
8defendant’s conduct, the court shall require that the defendant
9make restitution to the victim or victims in an amount established
10by court order, based on the amount of loss claimed by the victim
11or victims or any other showing to the court. If the amount of loss
12cannot be ascertained at the time of sentencing, the restitution
13order shall include a provision that the amount shall be determined
14at the direction of the court. The court shall order full restitution
15unless it finds compelling and extraordinary reasons for not doing
16so and states them on the record. The court may specify that funds
17confiscated at the time of the defendant’s arrest, except for funds
18confiscated pursuant to Section 11469 of the Health and Safety
19Code, be applied to the restitution order if the funds are not exempt
20for spousal or child support or subject to any other legal exemption.

21(1) The defendant has the right to a hearing before a judge to
22dispute the determination of the amount of restitution. The court
23may modify the amount, on its own motion or on the motion of
24the district attorney, the victim or victims, or the defendant. If a
25motion is made for modification of a restitution order, the victim
26shall be notified of that motion at least 10 days prior to the
27proceeding held to decide the motion. A victim at a restitution
28hearing or modification hearing described in this paragraph may
29testify by live, two-way audio and video transmission, if testimony
30by live, two-way audio and video transmission is available at the
31court.

32(2) Determination of the amount of restitution ordered pursuant
33to this subdivision shall not be affected by the indemnification or
34subrogation rights of a third party. Restitution ordered pursuant to
35this subdivision shall be ordered to be deposited to the Restitution
36Fund to the extent that the victim, as defined in subdivision (k),
37has received assistance from the California Victim Compensation
38and Government Claims Board pursuant to Chapter 5 (commencing
39with Section 13950) of Part 4 of Division 3 of Title 2 of the
40Government Code.

P40   1(3) To the extent possible, the restitution order shall be prepared
2by the sentencing court, shall identify each victim and each loss
3to which it pertains, and shall be of a dollar amount that is sufficient
4to fully reimburse the victim or victims for every determined
5economic loss incurred as the result of the defendant’s criminal
6conduct, including, but not limited to, all of the following:

7(A) Full or partial payment for the value of stolen or damaged
8property. The value of stolen or damaged property shall be the
9replacement cost of like property, or the actual cost of repairing
10the property when repair is possible.

11(B) Medical expenses.

12(C) Mental health counseling expenses.

13(D) Wages or profits lost due to injury incurred by the victim,
14and if the victim is a minor, wages or profits lost by the minor’s
15parent, parents, guardian, or guardians, while caring for the injured
16minor. Lost wages shall include commission income as well as
17base wages. Commission income shall be established by evidence
18of commission income during the 12-month period prior to the
19date of the crime for which restitution is being ordered, unless
20good cause for a shorter time period is shown.

21(E) Wages or profits lost by the victim, and if the victim is a
22minor, wages or profits lost by the minor’s parent, parents,
23guardian, or guardians, due to time spent as a witness or in assisting
24the police or prosecution. Lost wages shall include commission
25income as well as base wages. Commission income shall be
26established by evidence of commission income during the
2712-month period prior to the date of the crime for which restitution
28is being ordered, unless good cause for a shorter time period is
29shown.

30(F) Noneconomic losses, including, but not limited to,
31psychological harm, for felony violations of Section 288.

32(G) Interest, at the rate of 10 percent per annum, that accrues
33as of the date of sentencing or loss, as determined by the court.

34(H) Actual and reasonable attorney’s fees and other costs of
35collection accrued by a private entity on behalf of the victim.

36(I) Expenses incurred by an adult victim in relocating away
37from the defendant, including, but not limited to, deposits for
38utilities and telephone service, deposits for rental housing,
39temporary lodging and food expenses, clothing, and personal items.
40Expenses incurred pursuant to this section shall be verified by law
P41   1enforcement to be necessary for the personal safety of the victim
2or by a mental health treatment provider to be necessary for the
3emotional well-being of the victim.

4(J) Expenses to install or increase residential security incurred
5related to a violent felony, as defined in subdivision (c) of Section
6667.5, including, but not limited to, a home security device or
7system, or replacing or increasing the number of locks.

8(K) Expenses to retrofit a residence or vehicle, or both, to make
9the residence accessible to or the vehicle operational by the victim,
10if the victim is permanently disabled, whether the disability is
11partial or total, as a direct result of the crime.

12(L) Expenses for a period of time reasonably necessary to make
13the victim whole, for the costs to monitor the credit report of, and
14for the costs to repair the credit of, a victim of identity theft, as
15defined in Section 530.5.

16(4) (A) If, as a result of the defendant’s conduct, the Restitution
17Fund has provided assistance to or on behalf of a victim or
18derivative victim pursuant to Chapter 5 (commencing with Section
1913950) of Part 4 of Division 3 of Title 2 of the Government Code,
20the amount of assistance provided shall be presumed to be a direct
21result of the defendant’s criminal conduct and shall be included
22in the amount of the restitution ordered.

23(B) The amount of assistance provided by the Restitution Fund
24shall be established by copies of bills submitted to the California
25Victim Compensation and Government Claims Board reflecting
26the amount paid by the board and whether the services for which
27payment was made were for medical or dental expenses, funeral
28or burial expenses, mental health counseling, wage or support
29losses, or rehabilitation. Certified copies of these bills provided
30by the board and redacted to protect the privacy and safety of the
31 victim or any legal privilege, together with a statement made under
32penalty of perjury by the custodian of records that those bills were
33submitted to and were paid by the board, shall be sufficient to meet
34this requirement.

35(C) If the defendant offers evidence to rebut the presumption
36established by this paragraph, the court may release additional
37information contained in the records of the board to the defendant
38only after reviewing that information in camera and finding that
39the information is necessary for the defendant to dispute the amount
40of the restitution order.

P42   1(5) Except as provided in paragraph (6), in any case in which
2an order may be entered pursuant to this subdivision, the defendant
3shall prepare and file a disclosure identifying all assets, income,
4and liabilities in which the defendant held or controlled a present
5or future interest as of the date of the defendant’s arrest for the
6crime for which restitution may be ordered. The financial disclosure
7statements shall be made available to the victim and the board
8pursuant to Section 1214. The disclosure shall be signed by the
9defendant upon a form approved or adopted by the Judicial Council
10for the purpose of facilitating the disclosure. A defendant who
11willfully states as true a material matter that he or she knows to
12be false on the disclosure required by this subdivision is guilty of
13a misdemeanor, unless this conduct is punishable as perjury or
14another provision of law provides for a greater penalty.

15(6) A defendant who fails to file the financial disclosure required
16in paragraph (5), but who has filed a financial affidavit or financial
17information pursuant to subdivision (c) of Section 987, shall be
18deemed to have waived the confidentiality of that affidavit or
19financial information as to a victim in whose favor the order of
20restitution is entered pursuant to subdivision (f). The affidavit or
21information shall serve in lieu of the financial disclosure required
22in paragraph (5), and paragraphs (7) to (10), inclusive, shall not
23apply.

24(7) Except as provided in paragraph (6), the defendant shall file
25the disclosure with the clerk of the court no later than the date set
26for the defendant’s sentencing, unless otherwise directed by the
27court. The disclosure may be inspected or copied as provided by
28subdivision (b), (c), or (d) of Section 1203.05.

29(8) In its discretion, the court may relieve the defendant of the
30duty under paragraph (7) of filing with the clerk by requiring that
31the defendant’s disclosure be submitted as an attachment to, and
32be available to, those authorized to receive the following:

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

36(B) A stipulation submitted pursuant to paragraph (4) of
37subdivision (b) of Section 1203.

38(C) A report by the probation officer, or information submitted
39by the defendant applying for a conditional sentence pursuant to
40subdivision (d) of Section 1203.

P43   1(9) The court may consider a defendant’s unreasonable failure
2to make a complete disclosure pursuant to paragraph (5) as any of
3the following:

4(A) A circumstance in aggravation of the crime in imposing a
5term under subdivision (b) of Section 1170.

6(B) A factor indicating that the interests of justice would not be
7served by admitting the defendant to probation under Section 1203.

8(C) A factor indicating that the interests of justice would not be
9served by conditionally sentencing the defendant under Section
101203.

11(D) A factor indicating that the interests of justice would not
12be served by imposing less than the maximum fine and sentence
13fixed by law for the case.

14(10) A defendant’s failure or refusal to make the required
15disclosure pursuant to paragraph (5) shall not delay entry of an
16order of restitution or pronouncement of sentence. In appropriate
17cases, the court may do any of the following:

18(A) Require the defendant to be examined by the district attorney
19pursuant to subdivision (h).

20(B) If sentencing the defendant under Section 1170, provide
21that the victim shall receive a copy of the portion of the probation
22report filed pursuant to Section 1203.10 concerning the defendant’s
23employment, occupation, finances, and liabilities.

24(C) If sentencing the defendant under Section 1203, set a date
25and place for submission of the disclosure required by paragraph
26(5) as a condition of probation or suspended sentence.

27(11) If a defendant has any remaining unpaid balance on a
28restitution order or fine 120 days prior to his or her scheduled
29release from probation or 120 days prior to his or her completion
30of a conditional sentence, the defendant shall prepare and file a
31new and updated financial disclosure identifying all assets, income,
32and liabilities in which the defendant holds or controls or has held
33or controlled a present or future interest during the defendant’s
34period of probation or conditional sentence. The financial
35disclosure shall be made available to the victim and the board
36pursuant to Section 1214. The disclosure shall be signed and
37prepared by the defendant on the same form as described in
38paragraph (5). A defendant who willfully states as true a material
39matter that he or she knows to be false on the disclosure required
40by this subdivision is guilty of a misdemeanor, unless this conduct
P44   1is punishable as perjury or another provision of law provides for
2a greater penalty. The financial disclosure required by this
3paragraph shall be filed with the clerk of the court no later than
490 days prior to the defendant’s scheduled release from probation
5or completion of the defendant’s conditional sentence.

6(12) In cases where an employer is convicted of a crime against
7an employee, a payment to the employee or the employee’s
8dependent that is made by the employer’s workers’ compensation
9insurance carrier shall not be used to offset the amount of the
10 restitution order unless the court finds that the defendant
11substantially met the obligation to pay premiums for that insurance
12coverage.

13(g) The court shall order full restitution unless it finds
14compelling and extraordinary reasons for not doing so and states
15those reasons on the record. A defendant’s inability to pay shall
16not be considered a compelling and extraordinary reason not to
17impose a restitution order, nor shall inability to pay be a
18consideration in determining the amount of a restitution order.

19(h) The district attorney may request an order of examination
20pursuant to the procedures specified in Article 2 (commencing
21with Section 708.110) of Chapter 6 of Division 2 of Title 9 of Part
222 of the Code of Civil Procedure, in order to determine the
23defendant’s financial assets for purposes of collecting on the
24restitution order.

25(i) A restitution order imposed pursuant to subdivision (f) shall
26be enforceable as if the order were a civil judgment.

27(j) The making of a restitution order pursuant to subdivision (f)
28shall not affect the right of a victim to recovery from the Restitution
29Fund as otherwise provided by law, except to the extent that
30restitution is actually collected pursuant to the order. Restitution
31collected pursuant to this subdivision shall be credited to any other
32judgments for the same losses obtained against the defendant
33arising out of the crime for which the defendant was convicted.

34(k) For purposes of this section, “victim” shall include all of
35the following:

36(1) The immediate surviving family of the actual victim.

37(2) A corporation, business trust, estate, trust, partnership,
38association, joint venture, government, governmental subdivision,
39agency, or instrumentality, or any other legal or commercial entity
40when that entity is a direct victim of a crime.

P45   1(3) A person who has sustained economic loss as the result of
2a crime and who satisfies any of the following conditions:

3(A) At the time of the crime was the parent, grandparent, sibling,
4spouse, child, or grandchild of the victim.

5(B) At the time of the crime was living in the household of the
6victim.

7(C) At the time of the crime was a person who had previously
8lived in the household of the victim for a period of not less than
9two years in a relationship substantially similar to a relationship
10listed in subparagraph (A).

11(D) Is another family member of the victim, including, but not
12limited to, the victim’s fiancé or fiancée, and who witnessed the
13crime.

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

15(4) A person who is eligible to receive assistance from the
16Restitution Fund pursuant to Chapter 5 (commencing with Section
1713950) of Part 4 of Division 3 of Title 2 of the Government Code.

18(5) A governmental entity that is responsible for repairing,
19replacing, or restoring public or privately owned property that has
20been defaced with graffiti or other inscribed material, as defined
21in subdivision (e) of Section 594, and that has sustained an
22economic loss as the result of a violation of Section 594, 594.3,
23594.4, 640.5, 640.6, or 640.7.

24(l) At its discretion, the board of supervisors of a county may
25impose a fee to cover the actual administrative cost of collecting
26the restitution fine, not to exceed 10 percent of the amount ordered
27to be paid, to be added to the restitution fine and included in the
28order of the court, the proceeds of which shall be deposited in the
29general fund of the county.

30(m) In every case in which the defendant is granted probation,
31the court shall make the payment of restitution fines and orders
32imposed pursuant to this section a condition of probation. Any
33portion of a restitution order that remains unsatisfied after a
34defendant is no longer on probation shall continue to be enforceable
35by a victim pursuant to Section 1214 until the obligation is
36satisfied.

37(n) If the court finds and states on the record compelling and
38extraordinary reasons why a restitution fine or full restitution order
39should not be required, the court shall order, as a condition of
40probation, that the defendant perform specified community service,
P46   1unless it finds and states on the record compelling and
2extraordinary reasons not to require community service in addition
3to the finding that restitution should not be required. Upon
4revocation of probation, the court shall impose restitution pursuant
5to this section.

6(o) The provisions of Section 13963 of the Government Code
7shall apply to restitution imposed pursuant to this section.

8(p) The court clerk shall notify the California Victim
9Compensation and Government Claims Board within 90 days of
10an order of restitution being imposed if the defendant is ordered
11to pay restitution to the board due to the victim receiving
12compensation from the Restitution Fund. Notification shall be
13accomplished by mailing a copy of the court order to the board,
14which may be done periodically by bulk mail or email.

15(q) Upon conviction for a violation of Section 236.1, the court
16shall, in addition to any other penalty or restitution, order the
17defendant to pay restitution to the victim in a case in which a victim
18has suffered economic loss as a result of the defendant’s conduct.
19The court shall require that the defendant make restitution to the
20victim or victims in an amount established by court order, based
21on the amount of loss claimed by the victim or victims or another
22showing to the court. In determining restitution pursuant to this
23section, the court shall base its order upon the greater of the
24following: the gross value of the victim’s labor or services based
25upon the comparable value of similar services in the labor market
26in which the offense occurred, or the value of the victim’s labor
27as guaranteed under California law, or the actual income derived
28by the defendant from the victim’s labor or services or any other
29appropriate means to provide reparations to the victim.

30(r) (1) In addition to any other penalty or fine, the court shall
31order a person who has been convicted of a violation of Section
32350, 653h, 653s, 653u, 653w, or 653aa that involves a recording
33or audiovisual work to make restitution to an owner or lawful
34producer, or trade association acting on behalf of the owner or
35lawful producer, of a phonograph record, disc, wire, tape, film, or
36other device or article from which sounds or visual images are
37derived that suffered economic loss resulting from the violation.
38The order of restitution shall be based on the aggregate wholesale
39value of lawfully manufactured and authorized devices or articles
40from which sounds or visual images are devised corresponding to
P47   1the number of nonconforming devices or articles involved in the
2offense, unless a higher value can be proved in the case of (A) an
3unreleased audio work, or (B) an audiovisual work that, at the time
4of unauthorized distribution, has not been made available in copies
5for sale to the general public in the United States on a digital
6versatile disc. For purposes of this subdivision, possession of
7nonconforming devices or articles intended for sale constitutes
8actual economic loss to an owner or lawful producer in the form
9of displaced legitimate wholesale purchases. The order of
10restitution shall also include reasonable costs incurred as a result
11of an investigation of the violation undertaken by the owner, lawful
12producer, or trade association acting on behalf of the owner or
13lawful producer. “Aggregate wholesale value” means the average
14wholesale value of lawfully manufactured and authorized sound
15or audiovisual recordings. Proof of the specific wholesale value
16of each nonconforming device or article is not required.

17(2) As used in this subdivision, “audiovisual work” and
18“recording” shall have the same meaning as in Section 653w.

19

SEC. 16.  

Section 2085.5 of the Penal Code is amended to read:

20

2085.5.  

(a) In any case in which a prisoner owes a restitution
21fine imposed pursuant to subdivision (a) of Section 13967 of the
22Government Code, as operative prior to September 29, 1994,
23subdivision (b) of Section 730.6 of the Welfare and Institutions
24Code, or subdivision (b) of Section 1202.4, the Secretary of the
25Department of Corrections and Rehabilitation shall deduct a
26minimum of 20 percent or the balance owing on the fine amount,
27whichever is less, up to a maximum of 50 percent from the wages
28and trust account deposits of a prisoner, unless prohibited by
29federal law, and shall transfer that amount to the California Victim
30Compensation and Government Claims Board for deposit in the
31Restitution Fund in the State Treasury. The amount deducted shall
32be credited against the amount owing on the fine. The sentencing
33court shall be provided a record of the payments.

34(b) (1) When a prisoner is punished by imprisonment in a
35county jail pursuant to subdivision (h) of Section 1170, in any case
36in which a prisoner owes a restitution fine imposed pursuant to
37subdivision (a) of Section 13967 of the Government Code, as
38operative prior to September 29, 1994, subdivision (b) of Section
39730.6 of the Welfare and Institutions Code, or subdivision (b) of
40Section 1202.4, the agency designated by the board of supervisors
P48   1in the county where the prisoner is incarcerated is authorized to
2deduct a minimum of 20 percent or the balance owing on the fine
3amount, whichever is less, up to a maximum of 50 percent from
4the county jail equivalent of wages and trust account deposits of
5a prisoner, unless prohibited by federal law, and shall transfer that
6amount to the California Victim Compensation and Government
7Claims Board for deposit in the Restitution Fund in the State
8 Treasury. The amount deducted shall be credited against the
9amount owing on the fine. The sentencing court shall be provided
10a record of the payments.

11(2) If the board of supervisors designates the county sheriff as
12the collecting agency, the board of supervisors shall first obtain
13the concurrence of the county sheriff.

14(c) In any case in which a prisoner owes a restitution order
15imposed pursuant to subdivision (c) of Section 13967 of the
16Government Code, as operative prior to September 29, 1994,
17subdivision (h) of Section 730.6 of the Welfare and Institutions
18Code, or subdivision (f) of Section 1202.4, the Secretary of the
19Department of Corrections and Rehabilitation shall deduct a
20minimum of 20 percent or the balance owing on the order amount,
21whichever is less, up to a maximum of 50 percent from the wages
22and trust account deposits of a prisoner, unless prohibited by
23federal law. The secretary shall transfer that amount to the
24California Victim Compensation and Government Claims Board
25for direct payment to the victim, or payment shall be made to the
26Restitution Fund to the extent that the victim has received
27assistance pursuant to that program. The sentencing court shall be
28provided a record of the payments made to victims and of the
29payments deposited to the Restitution Fund pursuant to this
30subdivision.

31(d) When a prisoner is punished by imprisonment in a county
32jail pursuant to subdivision (h) of Section 1170, in any case in
33which a prisoner owes a restitution order imposed pursuant to
34subdivision (c) of Section 13967 of the Government Code, as
35operative prior to September 29, 1994, subdivision (h) of Section
36730.6 of the Welfare and Institutions Code, or subdivision (b) of
37Section 1202.4, the agency designated by the board of supervisors
38in the county where the prisoner is incarcerated is authorized to
39deduct a minimum of 20 percent or the balance owing on the order
40amount, whichever is less, up to a maximum of 50 percent from
P49   1the county jail equivalent of wages and trust account deposits of
2a prisoner, unless prohibited by federal law. The agency shall
3transfer that amount to the California Victim Compensation and
4Government Claims Board for direct payment to the victim, or
5payment shall be made to the Restitution Fund to the extent that
6the victim has received assistance pursuant to that program, or
7may pay the victim directly. The sentencing court shall be provided
8a record of the payments made to the victims and of the payments
9deposited to the Restitution Fund pursuant to this subdivision.

10(e) The secretary shall deduct and retain from the wages and
11trust account deposits of a prisoner, unless prohibited by federal
12law, an administrative fee that totals 10 percent of any amount
13transferred to the California Victim Compensation and Government
14 Claims Board pursuant to subdivision (a) or (c). The secretary
15shall deduct and retain from any prisoner settlement or trial award,
16an administrative fee that totals 5 percent of any amount paid from
17the settlement or award to satisfy an outstanding restitution order
18or fine pursuant to subdivision (n), unless prohibited by federal
19law. The secretary shall deposit the administrative fee moneys in
20a special deposit account for reimbursing administrative and
21support costs of the restitution program of the Department of
22Corrections and Rehabilitation. The secretary, at his or her
23discretion, may retain any excess funds in the special deposit
24account for future reimbursement of the department’s
25administrative and support costs for the restitution program or may
26transfer all or part of the excess funds for deposit in the Restitution
27Fund.

28(f) When a prisoner is punished by imprisonment in a county
29jail pursuant to subdivision (h) of Section 1170, the agency
30designated by the board of supervisors in the county where the
31prisoner is incarcerated is authorized to deduct and retain from the
32county jail equivalent of wages and trust account deposits of a
33prisoner, unless prohibited by federal law, an administrative fee
34that totals 10 percent of any amount transferred to the California
35Victim Compensation and Government Claims Board pursuant to
36subdivision (b) or (d). The agency is authorized to deduct and
37retain from a prisoner settlement or trial award an administrative
38fee that totals 5 percent of any amount paid from the settlement
39or award to satisfy an outstanding restitution order or fine pursuant
40to subdivision (n), unless prohibited by federal law. Upon release
P50   1from custody pursuant to subdivision (h) of Section 1170, the
2agency is authorized to charge a fee to cover the actual
3administrative cost of collection, not to exceed 10 percent of the
4total amount collected. The agency shall deposit the administrative
5fee moneys in a special deposit account for reimbursing
6administrative and support costs of the restitution program of the
7agency. The agency is authorized to retain any excess funds in the
8special deposit account for future reimbursement of the agency’s
9administrative and support costs for the restitution program or may
10transfer all or part of the excess funds for deposit in the Restitution
11Fund.

12(g) In any case in which a parolee owes a restitution fine
13imposed pursuant to subdivision (a) of Section 13967 of the
14Government Code, as operative prior to September 29, 1994,
15subdivision (b) of Section 730.6 of the Welfare and Institutions
16Code, or subdivision (b) of Section 1202.4, the secretary, or, when
17a prisoner is punished by imprisonment in a county jail pursuant
18to subdivision (h) of Section 1170, the agency designated by the
19board of supervisors in the county where the prisoner is
20incarcerated, may collect from the parolee or, pursuant to Section
212085.6, from a person previously imprisoned in county jail any
22moneys owing on the restitution fine amount, unless prohibited
23by federal law. The secretary or the agency shall transfer that
24amount to the California Victim Compensation and Government
25Claims Board for deposit in the Restitution Fund in the State
26Treasury. The amount deducted shall be credited against the
27amount owing on the fine. The sentencing court shall be provided
28a record of the payments.

29(h) In any case in which a parolee owes a direct order of
30restitution, imposed pursuant to subdivision (c) of Section 13967
31of the Government Code, as operative prior to September 29, 1994,
32subdivision (h) of Section 730.6 of the Welfare and Institutions
33Code, or paragraph (3) of subdivision (a) of Section 1202.4, the
34secretary, or, when a prisoner is punished by imprisonment in a
35county jail pursuant to subdivision (h) of Section 1170, the agency
36designated by the board of supervisors in the county where the
37 prisoner is incarcerated or a local collection program, may collect
38from the parolee or, pursuant to Section 2085.6, from a person
39previously imprisoned in county jail any moneys owing, unless
40prohibited by federal law. The secretary or the agency shall transfer
P51   1that amount to the California Victim Compensation and
2Government Claims Board for direct payment to the victim, or
3payment shall be made to the Restitution Fund to the extent that
4the victim has received assistance pursuant to that program, or the
5agency may pay the victim directly. The sentencing court shall be
6provided a record of the payments made by the offender pursuant
7to this subdivision.

8(i) The secretary, or, when a prisoner is punished by
9imprisonment in a county jail pursuant to subdivision (h) of Section
101170, the agency designated by the board of supervisors in the
11county where the prisoner is incarcerated, may deduct and retain
12from moneys collected from parolees or persons previously
13imprisoned in county jail an administrative fee that totals 10 percent
14of any amount transferred to the California Victim Compensation
15and Government Claims Board pursuant to subdivision (g) or (h),
16unless prohibited by federal law. The secretary shall deduct and
17retain from any settlement or trial award of a parolee an
18administrative fee that totals 5 percent of an amount paid from the
19settlement or award to satisfy an outstanding restitution order or
20fine pursuant to subdivision (n), unless prohibited by federal law.
21The agency is authorized to deduct and retain from any settlement
22or trial award of a person previously imprisoned in county jail an
23administrative fee that totals 5 percent of any amount paid from
24the settlement or award to satisfy an outstanding restitution order
25or fine pursuant to subdivision (n). The secretary or the agency
26shall deposit the administrative fee moneys in a special deposit
27account for reimbursing administrative and support costs of the
28restitution program of the Department of Corrections and
29Rehabilitation or the agency, as applicable. The secretary, at his
30or her discretion, or the agency may retain any excess funds in the
31special deposit account for future reimbursement of the
32department’s or agency’s administrative and support costs for the
33restitution program or may transfer all or part of the excess funds
34for deposit in the Restitution Fund.

35(j) When a prisoner has both a restitution fine and a restitution
36order from the sentencing court, the Department of Corrections
37and Rehabilitation shall collect the restitution order first pursuant
38to subdivision (c).

39(k) When a prisoner is punished by imprisonment in a county
40jail pursuant to subdivision (h) of Section 1170 and that prisoner
P52   1has both a restitution fine and a restitution order from the
2sentencing court, if the agency designated by the board of
3supervisors in the county where the prisoner is incarcerated collects
4the fine and order, the agency shall collect the restitution order
5first pursuant to subdivision (d).

6(l) When a parolee has both a restitution fine and a restitution
7order from the sentencing court, the Department of Corrections
8and Rehabilitation, or, when the prisoner is punished by
9imprisonment in a county jail pursuant to subdivision (h) of Section
101170, the agency designated by the board of supervisors in the
11county where the prisoner is incarcerated, may collect the
12restitution order first, pursuant to subdivision (h).

13(m) If an inmate is housed at an institution that requires food
14to be purchased from the institution canteen for unsupervised
15overnight visits, and if the money for the purchase of this food is
16received from funds other than the inmate’s wages, that money
17shall be exempt from restitution deductions. This exemption shall
18apply to the actual amount spent on food for the visit up to a
19maximum of fifty dollars ($50) for visits that include the inmate
20and one visitor, seventy dollars ($70) for visits that include the
21inmate and two or three visitors, and eighty dollars ($80) for visits
22that include the inmate and four or more visitors.

23(n) Compensatory or punitive damages awarded by trial or
24settlement to any inmate, parolee, person placed on postrelease
25community supervision pursuant to Section 3451, or defendant on
26mandatory supervision imposed pursuant to subparagraph (B) of
27paragraph (5) of subdivision (h) of Section 1170, in connection
28with a civil action brought against a federal, state, or local jail,
29prison, or correctional facility, or any official or agent thereof,
30shall be paid directly, after payment of reasonable attorney’s fees
31and litigation costs approved by the court, to satisfy any
32outstanding restitution orders or restitution fines against that
33person. The balance of the award shall be forwarded to the payee
34after full payment of all outstanding restitution orders and
35restitution fines, subject to subdivisions (e) and (i). The Department
36of Corrections and Rehabilitation shall make all reasonable efforts
37to notify the victims of the crime for which that person was
38convicted concerning the pending payment of any compensatory
39or punitive damages. For any prisoner punished by imprisonment
40in a county jail pursuant to subdivision (h) of Section 1170, the
P53   1agency is authorized to make all reasonable efforts to notify the
2victims of the crime for which that person was convicted
3concerning the pending payment of any compensatory or punitive
4damages.

5(o) (1) Amounts transferred to the California Victim
6Compensation and Government Claims Board for payment of
7direct orders of restitution shall be paid to the victim within 60
8days from the date the restitution revenues are received by the
9California Victim Compensation and Government Claims Board.
10If the restitution payment to a victim is less than twenty-five dollars
11($25), then payment need not be forwarded to that victim until the
12payment reaches twenty-five dollars ($25) or when the victim
13requests payment of the lesser amount.

14(2) If a victim cannot be located, the restitution revenues
15received by the California Victim Compensation and Government
16 Claims Board on behalf of the victim shall be held in trust in the
17Restitution Fund until the end of the state fiscal year subsequent
18to the state fiscal year in which the funds were deposited or until
19the time that the victim has provided current address information,
20whichever occurs sooner. Amounts remaining in trust at the end
21of the specified period of time shall revert to the Restitution Fund.

22(3) (A) A victim failing to provide a current address within the
23period of time specified in paragraph (2) may provide
24documentation to the Department of Corrections and Rehabilitation,
25which shall verify that moneys were collected on behalf of the
26victim. Upon receipt of that verified information from the
27Department of Corrections and Rehabilitation, the California
28Victim Compensation and Government Claims Board shall transmit
29the restitution revenues to the victim in accordance with the
30provisions of subdivision (c) or (h).

31(B) A victim failing to provide a current address within the
32period of time specified in paragraph (2) may provide
33documentation to the agency designated by the board of supervisors
34in the county where the prisoner punished by imprisonment in a
35county jail pursuant to subdivision (h) of Section 1170 is
36incarcerated, which may verify that moneys were collected on
37behalf of the victim. Upon receipt of that verified information from
38the agency, the California Victim Compensation and Government
39Claims Board shall transmit the restitution revenues to the victim
40in accordance with the provisions of subdivision (d) or (h).

P54   1

SEC. 17.  

No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3the only costs that may be incurred by a local agency or school
4district will be incurred because this act creates a new crime or
5infraction, eliminates a crime or infraction, or changes the penalty
6for a crime or infraction, within the meaning of Section 17556 of
7the Government Code, or changes the definition of a crime within
8the meaning of Section 6 of Article XIII B of the California
9Constitution.



O

    93