BILL ANALYSIS Ó
AB 1563
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Date of Hearing: March 1, 2016
Counsel: Sandra Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB
1563 (Rodriguez) - As Introduced January 4, 2016
SUMMARY: Establishes a six-month deadline for the Victim
Compensation and Government Claims Board to respond to an appeal
by a crime victim who has had an application for compensation
denied. Specifically, this bill:
1)Requires the board to evaluate an application for
reconsideration of compensation within six months of the date
the board receives the application, unless it determines that
there was insufficient information to make a decision.
2)Provides that if the board determines that there was
insufficient information to make a decision, it shall notify
the applicant in writing within six months of the date the
application was received.
EXISTING LAW:
1)Establishes the board to operate the California Victim's
Compensation Program (CalVCP). (Gov. Code, § 13950 et. seq.)
2)Provides than an application for compensation shall be filed
with the board in the manner determined by the board. (Gov.
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Code, § 13952, subd. (a).)
3)States that, except as provided by specified sections of the
Government Code, a person shall be eligible for compensation
when all of the following requirements are met:
a) The person form whom compensation is being sought any of
the following:
i) A victim;
ii) A derivative victim; or,
iii) A person who is entitled to reimbursement for
funeral, burial or crime scene clean-up expenses pursuant
to specified sections of the Government Code.
b) Either of the following conditions is met:
i) The crime occurred within California, whether or not
the victim is a resident of California. This only
applies when the board determines that there are federal
funds available to the state for the compensation of
crime victims; or
ii) Whether or not the crime occurred within the State
of California, the victim was any of the following:
(1) A California resident;
(2) A member of the military stationed in
California; or
(3) A family member living with a member of the
military stationed in California.
c) If compensation is being sought for derivative victim,
the derivative victim is a resident of California, or the
resident of any state, who is any of the following:
i) At the time of the crimes was the parent,
grandparent, sibling, spouse, child or grandchild of the
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victim;
ii) At the time of the crime was living in the household
of the victim;
iii) At the time of the crime was a person who had
previously lived in the house of the victim for a person
of not less than two years in a relationship
substantially similar to a previously listed
relationship;
iv) Another family member of the victim including, but
not limited to, the victim's fiancé or fiancée, and who
witnessed the crime; or
v) Is the primary caretaker of a minor victim, but was
not the primary caretaker at the time of the crime.
d) And other specified requirements. (Gov. Code, § 13955.)
4)Authorizes the board to reimburse for pecuniary loss for
specified types of losses, including medical expenses,
mental-health counseling, loss of income or loss of support,
and installing or increasing residential security. (Gov.
Code, § 13957.)
5)Requires the board to approve or deny applications, based on
recommendations by the board staff, within an average of 90
calendar days and no later than 180 calendar days of
acceptance by the board. (Gov. Code, § 13958, subd. (a).)
6)Requires the board to grant a hearing to an applicant who
contests a staff recommendation to deny compensation in whole
or in part. (Gov. Code, § 13959, subd. (a).)
7)States that at such a hearing, the person seeking compensation
shall have the burden of establishing, by a preponderance of
the evidence, the elements for eligibility. (Gov. Code, §
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13959, subd. (c).)
8)Establishes protocols for reconsideration hearings, and
specifies that they are informal and not subject technical
rules of evidence. (Gov. Code, § 13959, subd. (e).)
9)Requires the board's post-hearing decision to be in writing.
A copy of the decision must be personally delivered to the
applicant or his or her representative, or sent by mail.
(Gov. Code, § 13959, subd. (h).)
10)Allows the board to order a reconsideration of all or part of
a decision on written request of the applicant. The board may
not grant more than one request for reconsideration with
respect to any one decision on an application for
compensation. (Gov. Code, § 13959, subd. (i).)
11)Prohibits the board from considering any request for
reconsideration if the request is filed with the board more
than 30 calendar days after the personal delivery or 60
calendar days after the mailing of the original decision.
(Gov. Code, § 13959, subd. (i).)
12)Permits judicial review of a final decision of the board by
filing a petition for writ of mandate. (Gov. Code, § 13960.)
FISCAL EFFECT: Unknown
COMMENTS:
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1)Author's Statement: According to the author, "Victims of
crime often suffer long-term after a criminal offense has
taken place, and without adequate treatment or services, are
likely to become re-victimized. In the past, the Victim's
Compensation Program has demonstrated a lack of management of
appeals cases, leaving many victims waiting for answers and
footing the bill for services that could have been compensated
earlier and more efficiently. AB 1563 seeks to address this
problem by making sure the Board makes a decision on an appeal
within six months of receiving an application and informing an
applicant if anything is missing from their application. This
measure will ensure that victim applicants are not waiting
indefinitely for a response, and have a fair opportunity to
submit information that would complete their applications.
This will allow victims to successfully move on with their
lives with the treatment and services they need."
2)Background: CalVCP provides compensation for victims of
violent crime. It reimburses eligible victims for many
crime-related expenses, such as medical treatment, mental
health services, funeral expenses, home security, and
relocation services. Funding for the board comes from
restitution fines and penalty assessments paid by criminal
offenders, as well as federal matching funds. (See California
Victim Compensation & Government Claims Board Website
< http://www.vcgcb.ca.gov/board >.)
3)Appeal of Board Decision: The board explains the appeals
process as follows: "An applicant has a right to file an
appeal if a claim is recommended for denial, or if any part of
the claim is recommended for denial. An appeal must be filed
within 45 days of the date the Board mailed the notice to deny
the claim and/or expense. In some cases, if new information is
provided, the denial may be reconsidered immediately.
Otherwise, most appeals are scheduled for a hearing before a
Hearing Officer. This hearing will give the applicant the
opportunity to present information supporting the claim.
Hearings are not held to contest the denial of an emergency
award.
"If the applicant does not agree with the outcome of the Board's
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final decision, a Petition for a Writ of Mandate may be filed
in the Superior Court." (See board Website
http://vcgcb.ca.gov/victims/faq/lawsandinfo.aspx#Appeal >.)
Existing law does not state a timeframe or deadline to decide an
appeal by an applicant. This bill would establish a six-month
deadline for which to process an appeal, except in cases where
the board determines that there is insufficient information to
resolve the matter. As to those cases, this bill requires the
board to provide written notice to the applicant within six
months of the date the appeal was received.
The board has informed this committee that several years ago
there was a backlog of about 2,000 appeals. The board enacted
changes to address the backlog. Two analysts were assigned to
triage the appeals to resolve any that could be handled
expeditiously and without a hearing. Additionally, for one
month several years ago all hearing attorneys were assigned to
handle appeals. These actions dropped the backlog from 2,000
to less than 500 cases. In the recent past, the backlog has
run between 240-280 cases. As of January 2016, there is a
backlog of 260 appeals: 221 of these are less than 6 months
old, 34 are less than 9 months old, and 5 are up to a year
old. The only cases that are not handled within the first six
months are complex ones, such as those which may involve
fraud, or those which are waiting for documents from a third
party, such as a provider or police department.
Given the information provided by the board, it should
generally be apply to comply with the deadlines imposed by
this bill. In fact, it appears the board is already doing so.
It should be noted however, that this bill is silent as to
the remedy for failure to comply.
4)Argument in Support: According to the California Catholic
Conference, "The current law lacks a deadline on when the
Board must make a decision on appeal. Consequently, by
February of 2013, the Board had incurred a backlog of 2,000
unanswered appeal applications. This has left many
emotionally vulnerable applicants without the ability to pay
for treatment and other expenses without redress to the status
of their appeal. We can and must exhibit more sensitivity to
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those harmed by crime.
"By incorporating a six-month deadline from the Board, it will
ensure victims receive a response in a reasonable time frame."
5)Related Legislation: AB 1754 (Waldron) creates the San Diego
County Elder or Dependent Adult Financial Abuse Crime Victim
Compensation Pilot Program.
6)Prior Legislation:
a) AB 1140 (Bonta), Chapter 569, Statutes of 2015, revised
various rules governing the CalVCP, including permitting
telephonic appearance at the reconsideration hearing.
b) SB 556 (De Leon), of the 2015-2016 Legislative Session,
would have defined "application processing time" for the
approval or denial of a victim's compensation claim by the
CalVCP. SB 556 was ordered to inactive file.
c) SB 1423 (Chesbro), Chapter 1141, Statutes of 2002,
revised numerous provisions of law pertaining to the
CalVCP, including the hearing on reconsideration of the
board's decision.
REGISTERED SUPPORT / OPPOSITION:
Support
California Catholic Conference
Opposition
None
Analysis Prepared
by: Sandy Uribe / PUB. S. / (916) 319-3744
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