BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                      CONSENT 


          Bill No:  AB 1563
          Author:   Rodriguez (D) 
          Amended:  5/24/16 in Senate
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 5/10/16
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  76-0, 4/14/16 (Consent) - See last page for  
            vote

           SUBJECT:   Victim's compensation:  claims:  appeal


          SOURCE:    Author

          DIGEST:  This bill 1) directs the Victims Compensation and  
          Government Claims Board (board) to consider a request for  
          reconsideration of the denial of a claim within six months of  
          receipt of the appeal unless the request contains insufficient  
          information for the board to make a decision; and 2) requires  
          the board to notify a claimant within six months that the  
          request or appeal includes insufficient information. 


          ANALYSIS:  


          Existing law:


           1) Establishes the board to operate the California Victim's  
             Compensation Program.  (Gov. Code, § 13950 et. seq.)  








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           2) Provides than an application for compensation shall be filed  
             with the board in the manner determined by the board.  (Gov.  
             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:  A California resident; a member of the  
                   military stationed in California; or a family member  
                   living with a member of the military stationed in  








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                   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 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)       The primary caretaker of a minor victim, but was  
                   not the primary caretaker at the time of the crime.   
                   (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  








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             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 to contest a staff  
             recommendation to deny compensation, 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).)


           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).)










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


          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.


          Background


          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.








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          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:  
                                                                    Page  7



          months of the date the appeal was received.  


          The board has informed the Legislature 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 six months old, 34  
          are less than nine months old, and five 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 able to comply with the deadlines imposed by this bill.  In  
          fact, it appears the board is already doing so.  




          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified6/21/16)


          California Catholic Conference
          Crime Victims United of California


          OPPOSITION:   (Verified 6/21/16)


          None received








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          ASSEMBLY FLOOR:  76-0, 4/14/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,  
            Roger Hernández, Holden, Jones, Jones-Sawyer, Kim, Lackey,  
            Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty,  
            Medina, Mullin, Obernolte, O'Donnell, Olsen, Patterson, Quirk,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark  
            Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,  
            Wood, Rendon
          NO VOTE RECORDED:  Irwin, Levine, Melendez, Nazarian


          Prepared by:Jerome McGuire / PUB. S. / 
          6/22/16 17:41:37


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