BILL ANALYSIS Ó
AB 1754
Page A
Date of Hearing: March 15, 2016
Counsel: Sandra Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
AB
1754 (Waldron) - As Amended March 7, 2016
As Proposed to be Amended in Committee
SUMMARY: Creates a pilot program in San Diego County permitting
the Victims of Crime Program (CalVCP) to reimburse victims of
elder and dependent adult financial abuse for costs of financial
and mental-health counseling. Specifically, this bill:
1)Contains legislative findings and declaration about the extent
of financial abuse of the elderly and dependent adults, the
response of other legislative bodies to the problem, of the
need for a pilot program, and of why San Diego County is
well-situated for the pilot program.
2)Establishes the San Diego County Elder or Dependent Adult
Financial Abuse Crime Victim Compensation Pilot Program.
3)Limits compensation to direct victims of theft, identity
theft, embezzlement, forgery, or fraud of an elder or
dependent adult, and deems derivative victims ineligible.
4)Limits compensation to a particular victim to $3,000.
AB 1754
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5)Permits compensation for up to 10 sessions of mental health
counseling and up to 10 session of financial counseling.
6)Limits the distribution of the total funds under the pilot
program to one million dollars.
7)States that funding authorization stops on January 1, 2019.
8)Sunsets the program on January 1, 2020.
9)Requires the California Victim Compensation and Government
Claims Board (board) to report to the Legislature and the
Governor, by July 1, 2020, the following:
a) The number of victims who received payment under the
pilot program;
b) The number of victims who received mental health
counseling;
c) The average payment for mental health counseling per
recipient;
d) The number of victims who received financial counseling;
e) The average payment for financial counseling per
recipient; and,
f) Any other data on the pilot program that the board
wishes to include.
10)States that a special law is necessary because of the unique
circumstances in the County of San Diego where a high number
of reported elder and dependent adult financial abuse crimes
occur.
EXISTING LAW:
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1)States that all persons who suffer loss as a result of
criminal activity shall have the right to restitution from the
perpetrators. (Cal. Const. Art. 1, § 28(b).)
2)Establishes Victim's Compensation Program (CalVCP)
administered by the board to reimburse crime victims for the
pecuniary losses they suffer as a direct result of criminal
acts. Indemnification is made from the Restitution Fund,
which is continuously appropriated to the board for these
purposes. (Gov. Code, §§ 13901 & 13950 et. seq.)
3)Authorizes the board to reimburse victims of crimes causing
physical injury or emotional injury with a threat of physical
injury 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, §§ 13955, subd. (f), and
13957.)
4)Authorizes the board to establish maximum rates and service
limitations for medical and medical-related services, and for
mental health and counseling services. (Gov. Code, § 13957.2)
5)Defines an "elder" as "any person who is 65 years of age or
older." (Pen. Code, § 368, subd. (g).)
6)Defines a "dependent adult" as "any person who is between the
ages of 18 and 64, who has physical or mental limitations
which restrict his or her ability to carry out normal
activities or to protect his or her rights, including, but not
limited to, persons who have physical or developmental
disabilities or whose physical or mental abilities have
diminished because of age." (Pen. Code, § 368, subd. (h).)
7)Specifies that any person who is not a caretaker who violates
any provision of law proscribing theft, embezzlement, forgery,
fraud, or identity theft, with respect to the property or
personal identifying information of an elder or a dependent
adult, and who knows or reasonably should know that the victim
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is an elder or a dependent adult, is punishable as follows:
a) By a fine not exceeding $2,500, or by imprisonment in a
county jail not exceeding one year, or by both that fine
and imprisonment, or by a fine not exceeding $10,000, or by
imprisonment in the county jail for two, three, or four
years, or by both that fine and imprisonment, when the
moneys, labor, goods, services, or real or personal
property taken or obtained is of a value exceeding $950.
b) By a fine not exceeding $1,000, by imprisonment in a
county jail not exceeding one year, or by both that fine
and imprisonment, when the moneys, labor, goods, services,
or real or personal property taken or obtained is of a
value not exceeding $950. (Pen. Code, § 368, subd. (d).)
8)Provides that any caretaker of an elder or a dependent adult
who violates any provision of law proscribing theft,
embezzlement, forgery, fraud, or identity theft, with respect
to the property or personal identifying information of that
elder or dependent adult, is punishable as follows:
a) By a fine not exceeding $2,500, or by imprisonment in a
county jail not exceeding one year, or by both that fine
and imprisonment, or by a fine not exceeding $10,000, or by
imprisonment in the county jail for two, three, or four
years, or by both that fine and imprisonment, when the
moneys, labor, goods, services, or real or personal
property taken or obtained is of a value exceeding $950; or
b) By a fine not exceeding $1,000, by imprisonment in a
county jail not exceeding one year, or by both that fine
and imprisonment, when the moneys, labor, goods, services,
or real or personal property taken or obtained is of a
value not exceeding $950. (Pen. Code, § 368, subd. (e).)
FISCAL EFFECT: Unknown
COMMENTS:
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1)Author's Statement: According to the author, "Assembly Bill
1754 would establish a pilot program for victims of elder and
dependent adult financial abuse in San Diego County to be
eligible for financial assistance through the California
Victims' Compensation program. Elder and dependent adult
financial abuse can lead to large costs to victims, families,
and society. In 2014-2015, San Diego County's Adult
Protective Services confirmed a total of 1,148 unique cases of
elder and dependent adult financial abuse. The San Diego
District Attorney estimates approximately 600 elderly and
dependent adult victims are served annually, averaging about
50 clients per month. This bill establishes a two-year pilot
project in San Diego County to provide mental health and
financial counseling, as well as other support services to
this vulnerable population. This bill also gives the state
the opportunity to gather essential data for the use of mental
health and financial counseling by elderly and dependent adult
victims of financial abuse."
2)CalVCP: The CalVCP provides compensation for victims of
violent crime, or more specifically those who have been
physically injured or threatened with injury. It reimburses
eligible victims for many crime-related expenses, such as
medical treatment, mental health services, funeral expenses,
and home security. Funding for the board comes from
restitution fines and penalty assessments paid by criminal
offenders, as well as from federal matching funds. (See board
Website < http://www.vcgcb.ca.gov/board >.)
3)Other Victims Services Programs: The board is not the only
state agency which administers programs to assist victims.
The Office of Emergency Services (OES) also oversees several
such programs, including the Unserved/Underserved Victim
Advocacy and Outreach Program, the Victim/Witness Assistance
Program. (See OES Website:
< http://www.caloes.ca.gov/cal-oes-divisions/grants-management/c
riminal-justice-emergency-management-victim-services-grant-prog
rams/victim-services-programs >.) It is unclear whether elder
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or dependent adult victims of financial abuse qualify for
compensation through any OES programs, but the description of
both of the aforementioned programs do reference elder abuse
in general. Thus, it is possible that funding for mental
health and financial counseling might be compensable through
one of these OES programs without broadening the scope of the
CalVCP program.
For example, in January of this year, the Criminal
Justice/Emergency Management and Victims Services Branch of
the OES was soliciting proposals for the Elder Abuse (XE)
Program for fiscal year 2016-2017. The stated purpose of the
the XE Program is to enhance the safety of elder and dependent
adult victims of crime by providing direct services to victims
and bridging the gap between elder justice service providers
(including Adult Protective Services (APS), Long-Term Care
Ombudsman programs, providers of legal assistance, etc.) and
victim service providers. (See Elder Abuse (XE) Program RFP,
pp, 3-4,
< http://www.caloes.ca.gov/GrantsManagementSite/Documents/16XE%2
0RFP.pdf >.) Although the RFP period has closed, it is
possible that there are other funds available through OES to
fund the pilot program proposed by this bill.
On the other hand, the Governor's budget for 2015-16 proposes to
reorganize the board beginning in 2016-17. The proposed change
would have the board primarily administer victim programs
including some currently handled by other agencies, such as
the OES.<1>
4)Concerns Raised by San Diego County: The County of San Diego
has submitted a letter raising some concerns with the bill.
The main concerns relate to workload and financial
---------------------------
<1> Government claims would be moved to the Department of
General Services. The board would still retain the
responsibility for administering claims for the wrongfully
convicted.
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implications. The county is concerned that it would bear the
responsibility for the implementation and operation of the
program, as well as the data collection. The financial
concerns lie in the fact that the "bill does not appear to
create a new funding stream for the Restitution Fund."
As to workload concerns, it should be noted that the San Diego
County District Attorney's Office already operates the
Victim/Witness Assistance Program which helps victims with
filing compensation claims with CalVCP.
(< http://www.sdcda.org/helping/victims/victim-services.html >.)
Additionally, this bill directs the board, not the county, to
collect data and issue a report to the Governor and the
Legislature.
5)Argument in Support: According to "California Commission on
Aging (CCoA), a co-sponsor of this bill, "This bill
establishes a pilot program in San Diego County to demonstrate
the cost and benefits of providing essential victim services
to these vulnerable groups. San Diego County is well-situated
to implement this pilot program quickly, given the County's
strong array of victims' and aging services, as well as the
county's large retiree population. County officials also
report a large number of elder/dependent adult financial abuse
cases.
"The CCoA is a citizen's advisory body designated by law to act
as the principal advocate in the state on behalf of
California's older adults. Our members are gubernatorial and
legislative appointees from throughout the state who represent
a wealth of experience both in and out of the aging services
area. The California Elder Justice Coalition (CEJC) is a
statewide multidisciplinary network devoted to elder justice.
"Studies show that elderly and dependent adult victims of
financial abuse have a decreased life-span, suffer emotional
trauma, and often face impoverishment. The California
Department of Social Services reports that statewide as many
as 1,600 reports of elder and financial abuse are under
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investigation in a given month by Adult Protective Services,
yet almost no services are available for this population.
"Many states have already begun providing assistance to elderly
and dependent victims of financial crimes, ? Covered services
include payment for mental health counseling, assistance with
travel to court, and financial counseling. California,
despite having the largest over-60 population, has not yet
made CalVCP compensation available to these victims."
6)Related Legislation: AB 1718 (Kim) authorizes the court to
sentence a defendant convicted of felony financial abuse of an
elder or dependent adult to state prison. AB 1718 will be
heard by this committee today.
7)Prior Legislation:
a) SB 847 (Block), of the 2013-2014 Legislative session,
would have allowed an elderly person or dependent adult who
was the victim of financial abuse to seek reimbursement of
up to $2,000 for mental health and financial counseling
from the CalVCP. SB 847 was held in the Senate
Appropriations Committee.
b) SB 60 (Wright), Chapter 147, Statutes of 2013, was
originally drafted to extend compensation to elderly and
dependent adult victims of financial abuse. The bill was
amended to only extend eligibility to victims of human
trafficking.
REGISTERED SUPPORT / OPPOSITION:
Support
California Commission on Aging (Co-Sponsor)
California Elder Justice Coalition (Co-Sponsor)
Arc and Cerebral Palsy California Collaboration
California Association of Area Agencies on Aging
Office of the State Long-Term Care Ombudsman
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San Diego County District Attorney
One Private Individual
Opposition
None
Analysis Prepared
by: Sandy Uribe / PUB. S. / (916) 319-3744