BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    AB 1563       Hearing Date:    May 10, 2016    
          
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          |Author:    |Rodriguez                                            |
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          |Version:   |January 4, 2016                                      |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|JM                                                   |
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                  Subject:  Victim's Compensation:  Claims:  Appeal



          HISTORY

          Source:   Author

          Prior Legislation:AB 1140 (Bonta) - Ch. 569 Stats. of 2015
          AB 1629 (Bonta) - Ch. 535 Stats. of 2014 
                         AB 2809 (Leno) - Ch. 587, Stats. of 2008
                         AB 2869 (Leno) - Ch. 582, Stats. of 2006 
                         AB 2729 (Wesson) -Vetoed 2002
                         AB 606 (Jackson) - Ch. 584, Stats. of 1999 


          Support:  California Catholic Conference; Crime Victims United  
          of California

          Opposition:None known

          Assembly Floor Vote:                 76 - 0


          PURPOSE
          
          The purpose of this bill is to: 1) direct the Victims  
          Compensation and Government Claims Board (board) to consider a  
          request for reconsideration of the denial of a claim within six  







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          months of receipt of the appeal unless the request contains  
          insufficient information for the board to make a decision; and  
          2) require the board to notify a claimant within six months that  
          the request or appeal includes insufficient information. 
          
          Existing law establishes the board to operate the California  
          Victim's Compensation Program (CalVCP).  (Gov. Code, § 13950 et.  
          seq.)  

          Existing law provides than an application for compensation shall  
          be filed with the board in the manner determined by the board.   
          (Gov. Code, § 13952, subd. (a).)





          Existing law 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:

                 The person form whom compensation is being sought any of  
               the following:

                  o         A victim;
                  o         A derivative victim; or,
                  o         A person who is entitled to reimbursement for  
                    funeral, burial or crime scene clean-up expenses  
                    pursuant to specified sections of the Government Code.

                 Either of the following conditions is met:

                  o         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 
                  o         Whether or not the crime occurred within the  
                    State of California, the victim was any of the  
                    following:  A California resident; a member of the  
                    military stationed in California; or a family member  
                    living with a member of the military stationed in  
                    California.  

                 If compensation is being sought for derivative victim,  







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               the derivative victim is a resident of California, or the  
               resident of any state, who is any of the following:

                  o         At the time of the crimes was the parent,  
                    grandparent, sibling, spouse, child or grandchild of  
                    the victim;  
                  o         At the time of the crime was living in the  
                    household of the victim;  
                  o         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;
                  o         Another family member of the victim including,  
                    but not limited to, the victim's fiancé or fiancée,  
                    and who witnessed the crime; or  
                  o         Is the primary caretaker of a minor victim,  
                    but was not the primary caretaker at the time of the  
                    crime.  (Gov. Code, § 13955.)

          Existing law 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.)

          Existing law eequires 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).)

          Existing law 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).)

          Existing law 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, § 13959, subd. (c).)

          Existing law establishes protocols for reconsideration hearings,  
          and specifies that they are informal and not subject technical  
          rules of evidence.  (Gov. Code, § 13959, subd. (e).)








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          Existing law equires 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).)

          Existing law 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).)

          Existing law 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).)

          Existing law permits judicial review of a final decision of the  
          board by filing a petition for writ of mandate.  (Gov. Code, §  
          13960.)

          This bill 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. 

          This bill 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.

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past several years this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  







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          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In December of 2015 the administration reported that as "of  
          December 9, 2015, 112,510 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.0% of design bed  
          capacity, and 5,264 inmates were housed in out-of-state  
          facilities.  The current population is 1,212 inmates below the  
          final court-ordered population benchmark of 137.5% of design bed  
          capacity, and has been under that benchmark since February  
          2015."  (Defendants' December 2015 Status Report in Response to  
          February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge  
          Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)  One  
          year ago, 115,826 inmates were housed in the State's 34 adult  
          institutions, which amounted to 140.0% of design bed capacity,  
          and 8,864 inmates were housed in out-of-state facilities.   
          (Defendants' December 2014 Status Report in Response to February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).)  
           
          While significant gains have been made in reducing the prison  
          population, the state must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the 
          "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  







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               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.

          COMMENTS
          1.Need for This Bill

          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


          The victims' compensation program was created in 1965, the first  
          such program in the country.  The program 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 the board's  
          Website: .)


          The other core function of the board is to review claims against  
          the state and request payment of claims by the Legislature in  







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          annual legislation.  A person must present a claim for damages  
          against the state to the board before filing a lawsuit. 

          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  
          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  







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          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 able to comply with the deadlines imposed by this bill.  In  
          fact, it appears the board is already doing so.  


                                          


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