AB 1754, as introduced, Waldron. Crime victim compensation: elder or dependent adult financial abuse.
Existing law provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation and Government Claims Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law sets forth eligibility requirements and specified limits on the amount of compensation the board may award, and requires applications for compensation to be verified under penalty of perjury.
This bill would create the San Diego County Elder or Dependent Adult Financial Abuse Crime Victim Compensation Pilot Program and would authorize the board, upon appropriation by the Legislature, to provide victims of elder or dependent adult financial abuse compensation to reimburse costs for financial counseling, mental health counseling, or supportive services, as specified, if the crime occurred in the County of San Diego. The bill would limit compensation pursuant to this authorization to $5,000 per person and an aggregate total of $1,000,000. The bill would exclude a derivative victim from eligibility for compensation if the only crime the victim suffered was elder or dependent adult financial abuse. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would repeal these provisions on January 1, 2019.
This bill would make related legislative findings and declarations, including findings and declarations as to the necessity of a special statute enacting a pilot program in the County of San Diego.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
2following:
3(a) California has the highest number of older adults compared
4to any other state in the nation, with 4.2 million individuals over
565 years of age counted in the 2010 census.
6(b) Elderly and dependent adults are seen as easy targets by
7financial predators who take advantage of their victims’ loneliness,
8isolation, and vulnerability. This population often falls victim to
9scams such as foreign lotteries, the sale of costly and ineffective
10annuities, identity theft, reverse mortgage scams, and fraudulent
11home repairs. Financial abuse is also committed by family members
12or caregivers who take advantage of an elder’s
isolation and
13dependence.
14(c) A 1998 study reported in the Journal of the American
15Medical Association found that an elder victimized by financial
16abuse has a decreased projected lifespan when compared to elders
17who have not suffered that exploitation.
18(d) The State Department of Social Services reports that as many
19as 1,600 reports of elder and dependent adult financial abuse are
20under investigation per month by Adult Protective Services offices
21statewide.
22(e) The California Victims of Crime Program does not serve
23this population even though federal law allows Victims of Crime
P3 1Act funds to be used to do so. Federal guidelines identify elders
2and dependent adults as being underserved in this area.
3(f) Many states already provide assistance to victims of
financial
4crimes, including Colorado, Florida, Idaho, New Jersey, New
5York, Oklahoma, Pennsylvania, Vermont, and Wyoming.
6(g) There is currently a lack of data on the demand for victim
7services, including mental health and financial counseling, by
8elderly and dependent adult victims of financial crimes. This
9information is needed to develop policies and resources for this
10underserved population.
11(h) A pilot program is needed to provide the Legislature with
12data on the demand for victim services, including mental health
13and financial counseling, by this population and the costs and
14outcomes of these services. The collection of this data could further
15help the state track the types and frequency of financial crimes
16against elder and dependent adults, identify services that are most
17needed by victims and the rates at which these services are utilized,
18and establish best practice
protocols for serving these victims.
19(i) The County of San Diego has one of the largest retiree
20populations in the state. Population projections show that between
21the years 2000 and 2030, the population of those who are 60 years
22of age or older will increase by 130 percent. Furthermore, the
23County of San Diego has a high number of reported elder and
24dependent adult financial abuse cases, and this number will only
25increase as our population ages.
26(j) The district attorney of the County of San Diego and aging
27services providers report high numbers of financial abuse cases,
28often involving many thousands of dollars and hundreds of victims.
29Many financial crimes and scams are not prosecuted because the
30perpetrators are operating from other countries or because law
31enforcement fails to accept and investigate reports out of a mistaken
32belief that these are civil matters.
33(k) Elderly and dependent adult victims who lack the means to
34recover or replace misappropriated assets or property often suffer
35severe consequences including failing health; severe anxiety,
36depression, and hopelessness; and dependence on public assistance.
37Research has shown the benefits of mental health and financial
38counseling in helping these victims remain independent and regain
39the confidence to take perpetrators to court.
P4 1(l) The County of San Diego is well-situated to provide victims
2of elder and dependent adult financial abuse with access to services,
3including mental health and financial counseling. The county’s
4prosecution unit is among the most aggressive in the state in
5pursuing financial crimes and works closely with Adult Protective
6Services and the Long Term Care Ombudsman. The county’s
7Financial Abuse Specialist Team (FAST), which provides expertise
8to law
enforcement, adult protective services, and others in
9investigating cases of elder and dependent adult financial abuse,
10would provide another avenue to identify victims in need of
11immediate support services following victimization.
Article 7 (commencing with Section 13967) is added
13to Chapter 5 of Part 4 of Division 3 of Title 2 of the Government
14Code, to read:
15
(a) The San Diego County Elder or Dependent Adult
20Financial Abuse Crime Victim Compensation Pilot Program is
21hereby established.
22(b) Notwithstanding Section 13955, and except as otherwise
23provided in subdivision (c), a person who meets the requirements
24listed in subdivision (a) of Section 13955, shall be eligible for
25compensation under subdivision (d) if he or she was a victim of a
26violation of subdivision (d) or (e) of Section 368 of the Penal Code,
27and the crime occurred in the County of San Diego.
28(c) A person shall not be eligible for compensation pursuant to
29subdivision (b) if he or she is a derivative victim and the only crime
30the victim suffered is elder or dependent adult
abuse described in
31subdivision (d) or (e) of Section 368 of the Penal Code.
32(d) Notwithstanding Section 13957, the board may grant for
33pecuniary loss, upon appropriation by the Legislature, if the board
34determines it will best aid the person seeking compensation to
35reimburse the expense of financial counseling, mental health
36counseling, or supportive services for a victim of a crime described
37in subdivision (d) or (e) of Section 368 of the Penal Code or
38financial abuse as defined by Section 15610.30 of the Welfare and
39Institutions Code, that occurred in the County of San Diego, as
P5 1follows, up to a total of not more than five thousand dollars
2($5,000) per person:
3(1) The cost of not more than 10 sessions of financial counseling
4provided by a financial counselor, as described in the Victims of
5Crime Act Victim Compensation Grant Program (66 F.R.
627158-01), or an adviser providing
services such as analysis of a
7victim’s financial situation, including income-producing capacity
8and crime-related financial obligations, assistance with
9restructuring budget and debt, assistance in accessing insurance,
10public assistance, and other benefits, and assistance in completing
11the financial aspects of victim impact statements.
12(2) The cost of not more than 10 sessions of mental health
13counseling.
14(3) The cost of supportive services, including, but not limited
15to, all of the following:
16(A) Cognitive assessment for the purpose of determining
17additional service needs.
18(B) Emergency shelter or rehousing.
19(C) Transportation to appointments.
20(e) Compensation pursuant to subdivision (d) shall not exceed
21an aggregate total of one million dollars ($1,000,000) for all
22persons compensated pursuant to the San Diego County Elder or
23Dependent Adult Financial Abuse Crime Victim Compensation
24Pilot Program.
This article shall remain in effect only until January
261, 2019, and as of that date is repealed.
The Legislature finds and declares that a special law
28is necessary and that a general law cannot be made applicable
29within the meaning of Section 16 of Article IV of the California
30Constitution because of the unique circumstances in the County
31of San Diego where a high number of reported elder and dependent
32adult financial abuse crimes occur. The County of San Diego is
33well-suited for a pilot program that would allow the Legislature
34to gather data on the demand for victim services, including mental
35health and financial counseling, by elderly and dependent adult
36victims of financial crimes so as to effectively develop policies
37and resources for this underserved population. Furthermore, the
38County of San Diego is well-situated to provide victims of elder
39and dependent adult financial abuse
with access to the mental
40health and financial counseling services due in part to the existence
P6 1of its Financial Abuse Specialist Team (FAST), which investigates
2cases of elder and dependent adult financial abuse.
No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5the only costs that may be incurred by a local agency or school
6district will be incurred because this act creates a new crime or
7infraction, eliminates a crime or infraction, or changes the penalty
8for a crime or infraction, within the meaning of Section 17556 of
9the Government Code, or changes the definition of a crime within
10the meaning of Section 6 of Article XIII B of the California
11Constitution.
O
99