BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1802 (Chávez) - California Victim Compensation Board:
reorganization
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|Version: August 3, 2016 |Policy Vote: PUB. S. 7 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 8, 2016 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 1802 would make the following changes to the operations of
the Victim Compensation Board (Board):
Requires the Governor to appoint a Special Master, as
specified, and requires the Special Master, instead of the
Board, to oversee claims of wrongful convictions requiring a
hearing, as specified.
Adds two members to the Board, as specified, and would provide
that any Board member who is not a state officer shall receive
$50 in compensation, plus necessary travel expenses, for each
day of attendance at Board meetings, for up to eight meetings
per month.
Fiscal
Impact:
Special Master : Potentially significant ongoing costs in the
hundreds of thousands of dollars (General Fund) annually for
an appointed Special Master to conduct hearings for claims of
wrongful convictions.
AB 1802 (Chávez) Page 1 of
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Erroneous conviction claim payments : Potentially significant
future increases or decreases in General Fund appropriations
for payment of claims for compensation potentially in the
hundreds of thousands to low millions of dollars in any one
year. Annual costs would vary based on the number of claims
filed and the potential change in outcome of claims determined
by the Special Master in place of the Board. Since 2002, 17
claims have been paid totaling $8.1 million, ranging in amount
from $17,000 to $757,000. The average compensation amount per
claim is about $420,000.
Board workload : Potentially significant future workload
reduction (Special Fund*) to the Board due to the appointment
of a Special Master to conduct hearings and make
determinations on erroneous conviction claims in lieu of the
Board.
Board membership : Likely minor ongoing costs for
reimbursement for the two additional Board members. Assuming
the maximum reimbursement for attendance at eight meetings per
month per year would equate to $9,600 (Special Fund*) for both
members. Accounting for travel costs would increase costs,
although not likely in excess of $25,000 to $50,000 annually.
*Restitution Fund - staff notes the Restitution Fund is
structurally imbalanced, with the fund potentially reaching
insolvency in FY 2018-19 at its current operating level.
Background: Existing law establishes the California Victim Compensation
Board (Board), composed of the following three members:
Secretary of Government Operations, or his or her
designee;
State Controller, acting ex officio;
One member appointed by the Governor, who may be a state
officer who shall act ex officio. (Government Code §
13901.)
Under existing law, if the third member is not a state officer
acting ex officio, the member shall receive $50 for every day of
actual attendance at meetings of the Board not in excess of
eight meetings per month, together with necessary traveling
expenses in attending these meetings. (Government Code § 13902.)
Proposed Law:
AB 1802 (Chávez) Page 2 of
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This bill would require the Governor to appoint a Special
Master, to serve at the pleasure of the Governor, for all claims
requiring a hearing pursuant to Section 4902 of the Penal Code.
This bill specifies that the Special Master shall be an
individual who is qualified by education, training, and work
experience in taking evidence, making determinations of fact,
and applying the facts to the law, particularly in the area of
wrongful convictions. Additionally, this bill:
Provides that if a district attorney or the Attorney
General does not contest the factual allegations underlying
one or more of the grounds for granting a writ of habeas
corpus or a motion to vacate judgment, the facts underlying
the basis for the court's ruling or order shall be binding
on the Attorney General, the factfinder, the Special
Master, and the Board.
Requires the Board to fix a time and place for the
hearing under PC § 4902 for the hearing of the claim by the
Special Master, as specified.
Provides that in a hearing before the Special Master,
instead of the Board, the factual findings and credibility
determinations establishing the court's basis for granting
a writ of habeas corpus, a motion for a new trial, or an
application for a certificate of factual innocence shall be
binding on the AG, the factfinder, the Special Master, and
the Board.
Requires the Board to deny payment of any claim if the
Special Master finds by a preponderance of the evidence
that a claimant pled guilty with the specific intent to
protect another from prosecution for the underlying
conviction for which the claimant is seeking compensation.
This bill would add two members, to be appointed by the
Governor, to the Board, as follows:
One member who is an expert in the rights of crime
victims. As used in this in paragraph, "expert" means
someone who is qualified by education, training, and work
experience; possesses a baccalaureate or advanced degree or
AB 1802 (Chávez) Page 3 of
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is credentialed by the National Advocate Credentialing
Program; and has a minimum of two years of experience in
social work or victim advocacy.
One member who is a physician, psychiatrist, or
psychologist with expertise in treating or providing
services to crime victims.
This bill would extend the per diem reimbursement for the third
member of the Board to any member of the Board who is not a
state officer.
Related Legislation: SB 836 (Committee on Budget and Fiscal
Review) Chapter 31/2016, the state government budget trailer
bill, among its numerous provisions, makes technical and
conforming changes in law related to renaming the California
Victim Compensation and Government Claims Board (VCGCB) to the
California Victim Compensation Board and shifting the government
claims portion of the Board to the Department of General
Services.
SB 1134 (Leno) 2016 would permit a writ of habeas corpus to be
prosecuted on the basis of new evidence, which would have more
likely than not changed the outcome of the trial, as specified.
This bill would require the Board to recommend payment for
incarceration of a person if the court finds that the person is
factually innocent. SB 1134 is pending on the Suspense File of
the Assembly Committee on Appropriations.