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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