BILL ANALYSIS Ó
AB 1802
Page 1
ASSEMBLY THIRD READING
AB
1802 (Chávez)
As Introduced February 8, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |7-0 |Jones-Sawyer, | |
| | |Melendez, Lackey, | |
| | |Lopez, Low, Quirk, | |
| | |Santiago | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |18-0 |Gonzalez, Bigelow, | |
| | |Bloom, Bonilla, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, | |
| | |Gallagher, Eduardo | |
| | |Garcia, | |
| | | | |
| | | | |
| | |Roger Hernández, | |
| | |Holden, Jones, | |
| | |Obernolte, Quirk, | |
| | |Santiago, Wagner, | |
| | |Weber | |
| | | | |
AB 1802
Page 2
| | | | |
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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:
1)Establishes the board, which, in pertinent part, operates the
California Victim's Compensation Program (CalVCP).
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.
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.
AB 1802
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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.
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.
6)Requires the board to grant a hearing to an applicant who
contests a staff recommendation to deny compensation in whole
or in part.
FISCAL
EFFECT: According to the Assembly Appropriations Committee,
minor absorbable costs to the board to provide $50 per day for
attendance at meetings and necessary travel expenses to board
members who are not state officers.
COMMENTS: According to the author, "The Governor's proposal to
reorganize the VCGCB [Victim's Compensation and Government
Claims Board (Board)] 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."
1)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
AB 1802
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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.
2)Legislative Analyst's Office (LAO) 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
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
AB 1802
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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-victim
s/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.
Analysis Prepared by:
Sandy Uribe/ PUB. S. / (916) 319-3744 FN:
0002709