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. 






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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:  






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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  






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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.