BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1802


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          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:  









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          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  








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            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  








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               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,  








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            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
            








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          Analysis Prepared  
          by:              Sandy Uribe / PUB. S. / (916) 319-3744