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