BILL ANALYSIS Ó AB 1563 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1563 (Rodriguez) As Amended May 24, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: | 76-0 | (April 14, |SENATE: | 37-0 |(June 30, 2016) | | | |2016) | | | | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: PUB. S. 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 appeal 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 appeal was received. The Senate amendments make technical, non-substantive changes. AB 1563 Page 2 EXISTING LAW: 1)Establishes the board to operate the California Victim's Compensation Program (CalVCP). 2)Provides than an application for compensation shall be filed with the board in the manner determined by the board. 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 AB 1563 Page 3 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 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. 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. 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. 6)Requires the board to grant a hearing to an applicant who contests a staff recommendation to deny compensation in whole AB 1563 Page 4 or in part. 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. 8)Establishes protocols for reconsideration hearings, and specifies that they are informal and not subject technical rules of evidence. 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. 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. 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. 12)Permits judicial review of a final decision of the board by filing a petition for writ of mandate. AS PASSED BY THE ASSEMBLY, this bill established 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. FISCAL EFFECT: According to the Senate Appropriations AB 1563 Page 5 Committee, pursuant to Senate Rule 28.8 negligible state costs. COMMENTS: 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." Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0003646