BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 1802 (Chávez) - California Victim Compensation Board: reorganization ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: August 3, 2016 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 8, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- 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 ? 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 ? 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 ? 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.