BILL ANALYSIS Ó AB 1563 Page 1 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. AB 1563 Page 2 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 AB 1563 Page 3 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, § AB 1563 Page 4 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: AB 1563 Page 5 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 AB 1563 Page 6 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 AB 1563 Page 7 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 AB 1563 Page 8