BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1802


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          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


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          |                |     |                      |                     |
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          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.  









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          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  








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            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  








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               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