BILL ANALYSIS Ó
AB 1563
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Date of Hearing: April 6, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
1563 (Rodriguez) - As Introduced January 4, 2016
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill requires the Victim Compensation and Government Claims
Board (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
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insufficient information to make a decision. Also, if the Board
determines that there was insufficient information to make a
decision, this bill requires the Board to notify the applicant
in writing within six months of the date the application was
received.
FISCAL EFFECT:
Minor absorbable GF costs to the Board to provide the required
notification if the Board determines additional information is
required to resolve an appeal.
COMMENTS:
1)Background. The Board provides compensation for victims of
violent crimes that meet certain conditions. It reimburses
eligible victims for many crime-related expenses, such as
medical treatment, mental health services, funeral expenses,
home security, and relocation services. The Board, based on
staff recommendation, is required to approve or deny claims
within 180 days, and the Board is required to provide a
hearing to an applicant who contests a staff recommendation.
Timeframes are specified for submitting appeals by applicants,
but no timeframes are specified for the board to respond to
those appeals.
2)Purpose. 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
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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."
3)Improvements. According to staff at the Board, numerous
improvements have been implemented to the appeals process, and
processing times have been reduced dramatically. It is
pointed out that current delays are due to lack of
information, sometimes information that is not readily
available to the applicant, such as police reports or third
party claims. AB 1563 will result in an additional letter to
the applicant within the required six months if additional
information is required.
4)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 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."
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Analysis Prepared by:Pedro Reyes / APPR. / (916)
319-2081