AB 1754, as amended, 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 before January 1, 2019, 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 $3,000 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. The bill would authorize the pilot program to operate until January 1, 2020. The bill would require the board to report specified information related to the pilot program to the Legislature and Governor on or before July 1, 2020. 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, 2021.
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
9scamsbegin delete such asend deletebegin insert
includingend insert foreign lotteries, the sale of costly and
10ineffective annuities, identity theft, reverse mortgage scams, and
11fraudulent home repairs. Financial abuse is also committed by
12family members or caregivers who take advantage of an elder’s
13isolation and dependence.
P3 1(c) A 1998 study reported in the Journal of the American
2Medical Association found that an elder victimized by financial
3abuse has a decreased projected lifespan when compared to elders
4who have not suffered that exploitation.
5(d) The State Department of Social Services reports that as many
6as 1,600 reports of elder and dependent adult financial abuse are
7under investigation per month by Adult Protective Services offices
8statewide.
9(e) The California Victims of Crime Program does not serve
10this population even though federal law allows Victims of Crime
11Act funds to be used to do so. Federal guidelines identify elders
12and dependent adults as being underserved in this area.
13(f) Many states already provide assistance to victims of financial
14crimes, including Colorado, Florida, Idaho, New Jersey, New
15York, Oklahoma, Pennsylvania, Vermont, and Wyoming.
16(g) Elderly and dependent adult victims who lack the means to
17recover or replace misappropriated assets or property often suffer
18severe consequences including failing health; severe anxiety,
19depression, and hopelessness; and dependence on public assistance.
20Research has shown the benefits of mental health and financial
21counseling in helping these victims
remain independent and regain
22the confidence to take perpetrators to court.
23(h) A pilot program is needed to provide the Legislature with
24data on the demand for victim services, including mental health
25and financial counseling, by this population and the costs and
26outcomes of these services. The collection of this data could further
27help the state track the types and frequency of financial crimes
28against elder and dependent adults, identify services that are most
29needed by victims and the rates at which these services are utilized,
30and establish best practice protocols for serving these victims.
31(i) The County of San Diego is well-situated to provide victims
32of elder and dependent adult financial abuse with access to services,
33including mental health and financial
counseling.
Article 7 (commencing with Section 13967) is added
35to Chapter 5 of Part 4 of Division 3 of Title 2 of the Government
36Code, to read:
(a) The San Diego County Elder or Dependent Adult
5Financial Abuse Crime Victim Compensation Pilot Program is
6hereby established.
7(b) Notwithstanding Section 13955, and except as otherwise
8provided in subdivision (c), a person who meets the requirements
9listed in subdivision (a) of Section 13955, shall be eligible for
10compensation under subdivision (d) if he or she was a victim of a
11violation of subdivision (d) or (e) of Section 368 of the Penal Code,
12and the crime occurred in the County of San Diego.
13(c) A person shall not be eligible for compensation pursuant to
14subdivision (b) if he or she is a derivative
victim and the only crime
15the victim suffered is elder or dependent adult abuse described in
16subdivision (d) or (e) of Section 368 of the Penal Code.
17(d) Notwithstanding Section 13957, the board may grant for
18pecuniary loss, upon appropriation by the Legislature before
19January 1, 2019, if the board determines it will best aid the person
20seeking compensation to reimburse the expense of financial
21counseling, mental health counseling, or supportive services for a
22victim of a crime described in subdivision (d) or (e) of Section
23368 of the Penal Code or financial abuse as defined by Section
2415610.30 of the Welfare and Institutions Code, that occurred in
25the County of San Diego, as follows, up to a total of not more than
26
three thousand dollars ($3,000) per person:
27(1) The cost of not more than 10 sessions of financial counseling
28provided by a financial counselor, as described in the Victims of
29Crime Act Victim Compensation Grant Program (66 F.R.
3027158-01), or an adviser providing services such as analysis of a
31victim’s financial situation, including income-producing capacity
32and crime-related financial obligations, assistance with
33restructuring budget and debt, assistance in accessing insurance,
34public assistance, and other benefits, and assistance in completing
35the financial aspects of victim impact statements.
36(2) The cost of not more than 10 sessions of mental health
37counseling.
38(e) Compensation pursuant to
subdivision (d) shall not exceed
39an aggregate total of one million dollars ($1,000,000) for all
40persons compensated pursuant to the San Diego County Elder or
P5 1Dependent Adult Financial Abuse Crime Victim Compensation
2Pilot Program.
3(f) This section shall become inoperative on January 1, 2020.
(a) On or before July 1, 2020, the California Victim
5Compensation and Government Claims Board shall report to the
6Legislature and Governor all of the following:
7(1) The number of victims who received payments pursuant to
8this article.
9(2) The number of victims who received mental health
10counseling.
11(3) The average payment for mental health counseling per
12recipient.
13(4) The number of victims who received financial counseling.
14(5) The average payment for financial counseling per recipient.
15(6) Any other data on the pilot program that the board wishes
16to include.
17(b) A report to be submitted pursuant to subdivision (a) shall
18be submitted in compliance with Section 9795 of the Government
19Code.
This article shall remain in effect only until January
211, 2021, and as of that date is repealed.
The Legislature finds and declares that a special law
23is necessary and that a general law cannot be made applicable
24within the meaning of Section 16 of Article IV of the California
25Constitution because of the unique circumstances in the County
26of San Diego where a high number of reported elder and dependent
27adult financial abuse crimes occur. The County of San Diego is
28well-suited for a pilot program that would allow the Legislature
29to gather data on the demand for victim services, including mental
30health and financial counseling, by elderly and dependent adult
31victims of financial crimes so as to effectively develop policies
32and resources for this underserved population.
No reimbursement is required by this act pursuant to
34Section 6 of Article XIII B of the California Constitution because
35the only costs that may be incurred by a local agency or school
36district will be incurred because this act creates a new crime or
37infraction, eliminates a crime or infraction, or changes the penalty
38for a crime or infraction, within the meaning of Section 17556 of
39the Government Code, or changes the definition of a crime within
P6 1the meaning of Section 6 of Article XIII B of the California
2Constitution.
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