BILL ANALYSIS Ó
AB 1802
Page 1
ASSEMBLY THIRD READING
AB
1802 (Chávez)
As Amended May 27, 2016
Majority vote
-------------------------------------------------------------------
|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
| | | | |
-------------------------------------------------------------------
SUMMARY: Expands the membership of the Victims Compensation and
Government Claims Board (board) to include a victims' rights
expert and a provider of victims' health services.
Specifically, this bill:
1)Adds an expert in 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)Defines an "expert" as "someone who is qualified by education,
training, and work experience, possesses a baccalaureate or
advanced degree or is credentialed by the National Advocate
Credentialing Program, and has a minimum of two years of
experience in social work or victim advocacy."
3)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.
4)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.
AB 1802
Page 3
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.
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: "The Governor's proposal to reorganize the [board]
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."
1)Governor's Budget Proposal: As noted above, the board
AB 1802
Page 4
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.
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 [California
AB 1802
Page 5
Department of Corrections and Rehabilitation] 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/c
rime-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:
0003073