BILL ANALYSIS Ó AB 1802 Page 1 Date of Hearing: March 15, 2016 Counsel: Sandra Uribe ASSEMBLY COMMITTEE ON PUBLIC SAFETY Reginald Byron Jones-Sawyer, Sr., Chair AB 1802 (Chávez) - As Introduced February 8, 2016 SUMMARY: Expands the membership of the Victims Compensation and Government Claims Board (board) to include a victims' rights advocate and a provider of victims' health services. Specifically, this bill: 1)Adds an expert in the rights of crime victims or a representative of a recognized organization that advocates for the rights of crime victims to the board's membership. This person shall be appointed by, and serve at the pleasure of, the Governor. 2)Adds a physician, psychiatrist, or psychologist with expertise in treating or providing services to crime victims to the board's membership. This person shall be appointed by, and serve at the pleasure of, the Governor. 3)Compensates any board member, who is not a state officer acting ex officio, $50 per day of actual attendance at board meetings, not to exceed eight meetings per month, as well as necessary traveling expenses to attend the meetings. EXISTING LAW: AB 1802 Page 2 1)Establishes the board, which, in pertinent part, operates the California Victim's Compensation Program (CalVCP). (Gov. Code, §§ 13901 & 13950 et. seq.) 2)States that the board consists of the Secretary of Government Operations or his or her designee, the Controller, and a third member to be appointed by the Governor. (Gov. Code, § 13901, subd. (b).) 3)Provides that if the board's third member is not a state officer acting ex officio, that person shall be compensated $50 per day of actual attendance at board meetings, not to exceed eight meetings per month. (Gov. Code, § 13902.) 4)Authorizes the board to reimburse victims of crimes 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 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).) FISCAL EFFECT: Unknown COMMENTS: 1)Author's Statement: According to the author, ""The Governor's proposal to reorganize the VCGCB to primarily handle victims programs is a step in the right direction. This bill will help ensure that the composition of the board is best suited to take the lead as the primary administer of victims programs." 2)Victim Compensation and Government Claims Board: "The VCGCB AB 1802 Page 3 is a board within the Government Operations Agency that is comprised of three members-the Secretary of the Government Operations Agency, the State Controller, and a Governor's appointee. As discussed below, VCGCB's primary responsibility is administering four of the state's victim programs: the California victim compensation program (CalVCP), trauma recovery center (TRC) grants, Good Samaritan Program, and the Missing Children Reward Program. The board also administers programs unrelated to victims, including the Government Claims Program, which processes claims for money or damages against the state, and a program that pays claims to wrongfully imprisoned individuals." (See Improving State Programs for Crime Victims, Legislative Analyst's Office, March 18, 2015, p. 6, < http://www.lao.ca.gov/reports/2015/budget/crime-victims/crime-v ictims-031815.pdf >.) 3)Governor's Budget Proposal: As noted above, the board currently administers not only CalVCP, but also some non-victim programs, including the government claims, which processes claims for money or damages against the state, as well as claims for the wrongfully convicted. 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 Office of Emergency Services. 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. The addition of a victim's advocate and a treatment provider to the board membership aligns with the Governor's plan to reorganize the board as the primary administrator for victims' programs. 4)Legislative Analyst's Office Recommendations: In its report on improving programs for crime victims, the LAO recommended changing the composition of the board. The LAO noted: "Two of the three members of the board have expertise AB 1802 Page 4 that is primarily applicable to the Government Claims Program and not related to victim services-the Government Operations Agency Secretary and the State Controller. Accordingly, we recommend that the Legislature change the membership of the board. First, we recommend removing the Secretary of the Government Operations Agency and the State Controller from the board. Second, we recommend that additional members be added to the board to provide expertise in victim issues. For example, the Legislature could consider requiring the board to include an expert in providing trauma-informed services or a victim of crime, as well as representatives from the other state departments that administer victim programs (such as the Attorney General or the Secretary of CDCR). We also recommend that the Legislature appoint some of the board members in addition to having the Governor's appointees on the board. Finally, we recommend that the appointed members serve fixed terms to increase their independence." (Improving State Programs for Crime Victims, supra, pp. 18-19, < http://www.lao.ca.gov/reports/2015/budget/crime-victims /crime-victims-031815.pdf >.) This bill partially adopts the recommendations of the LAO by adding to the membership of the board a victims' advocate and a victims' services provider in the medical or mental-health field. 5)Argument in Support: None submitted. 6)Argument in Opposition: According to California Civil Liberties Advocacy, "It is a well-known fact that many trade associations have established 'astroturf' organizations to advance an ulterior motive. For instance, according to the book, Lockdown America: Police and Prisons in the Age of Crisis, by investigative journalist Christian Parenti, groups like the California Correctional Peace Officers Association have established 'grassroots' lobbies, such as Crime Victims United, that aggressively lobby for tougher minimum sentences and new criminal statutes. (Parenti, Lockdown America: Police and Prisons in the Age of Crisis, Verso (2005) p. 227.) Thus, AB 1802 Page 5 the CCLA is concerned about the following language: "'One member who shall be appointed by, and serve at the pleasure of, the Governor and an expert in the rights of crime victims or a representative of a recognized organization that advocates for the rights of crime victims.'" "The CCLA strongly encourages the author to amend the bill to define the qualifications of an 'expert' and to delete the language allowing the Governor to appoint a representative of a crime victims organization." 7)Prior Legislation: a) AB 1317(Frazier), Chapter 352, Statutes of 2013, made conforming name changes to properly reflect the assignment and reorganization of the functions of state government among newly-established executive entities, including for membership on the board. b) AB 702 (Jackson), Chapter 84, Statutes of 2003, consolidated the board under the jurisdiction of the State Consumer Services Agency and allowed the Secretary of the State Consumer Services Agency or his or her designee to serve on the board. REGISTERED SUPPORT / OPPOSITION: Support None Opposition California Civil Liberties Advocacy AB 1802 Page 6 Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744