BILL ANALYSIS Ó AB 2160 Page 1 Date of Hearing: March 29, 2016 Counsel: Sandra Uribe ASSEMBLY COMMITTEE ON PUBLIC SAFETY Reginald Byron Jones-Sawyer, Sr., Chair AB 2160 (Bonta) - As Amended March 28, 2016 SUMMARY: Expands eligibility for compensation under the Victim Compensation Program (CalVCP) and increases compensation limits for specified losses which are already reimbursed. Specifically, this bill: 1)Conforms the application deadline for victims of specified sex crimes to the statute of limitations for those crimes. 2)Authorizes compensation for a victim's emotional injury incurred as a direct result of distribution of child pornography in which the victim appeared, and for the crime of cyber exploitation. 3)Increases compensation limits for reimbursement of installing or increasing residential security from $1,000 to $2,000. 4)Increases compensation limits for relocation from $2,000 to $4,500, and allows relocation for reason of medical necessity. 5)Increases compensation limits for crime scene clean-up costs from $1,000 to $2,000. 6)Authorizes compensating adult derivative victims of a deceased AB 2160 Page 2 victim for up to five consecutive calendar days of lost income due to bereavement. 7)Expands reimbursement for an adult victim's loss of income to include missed work to attend crime-related appointments, including legal, medical, and mental health counseling appointments. 8)Authorizes compensating adult derivative victims for income loss when it is necessary for them to miss work to take a minor victim to crime-related appointments, including legal, medical, and mental health counseling appointments. 9)Allows reimbursement for transportation and child care expenses that are necessary for a victim to attend crime-related appointments, including legal, medical, and mental health counseling appointments. 10)Makes technical, non-substantive changes. EXISTING LAW: 1)Establishes the Victim Compensation and Government Claims Board (board) to operate the CalVCP. (Gov. Code, § 13950 et. seq.) 2)Provides than an application for compensation shall be filed with the board in the manner determined by the board. (Gov. Code, § 13952, subd.(a).) 3)States that, except as specified, a person shall be eligible for compensation when all of the following requirements are met: a) The person form whom compensation is being sought any of the following: i) A victim; ii) A derivative victim; and, iii) A person who is entitled to reimbursement for AB 2160 Page 3 funeral, burial or crime scene clean-up expenses pursuant to specified sections of the Government Code. b) Either of the following conditions is met: i) The crime occurred in California, but only when the board determines that there are federal funds available to the state for the compensation of crime victims; or ii) Whether or not the crime occurred in California, the victim was any of the following: (1) A California resident; (2) A member of the military stationed in California; or, (3) A family member living with a member of the military stationed in California. c) If compensation is being sought for derivative victim, the derivative victim is a resident of California or any other state who is any of the following: i) At the time of the crimes was the victim's parent, grandparent, sibling, spouse, child or grandchild; ii) At the time of the crime was living in the victim's household; iii) At the time of the crime was a person who had previously lived in the victim's house for a period of not less than two years in a relationship substantially similar to a previously listed relationship; iv) Another family member of the victim who witnessed the crime, including, but not limited to, the victim's fiancé or fiancée, or, v) Is the primary caretaker of a minor victim, but was not the primary caretaker at the time of the crime. AB 2160 Page 4 d) And other specified requirements. (Gov. Code, § 13955.) 4)Authorizes the board to reimburse for pecuniary loss for the following types of losses: a) Medical or medical-related expenses incurred by the victim for services provided by a licensed medical provider; b) Out-patient psychiatric, psychological or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by a rape crisis center; c) Compensation equal to the loss of income or loss of support, or both, that a victim or derivative victim incurs as a direct result of the victim's injury or the victim's death, d) Cash payment to, or on behalf of, the victim for job retraining or similar employment-oriented services; e) The expense of installing or increasing residential security, not to exceed $1,000; f) The expense of renovating or retrofitting a victim's residence or a vehicle to make them accessible or operational, if it is medically necessary; g) Relocation expenses up to $2,000 if the expenses are determined by law enforcement to be necessary for the victim's personal safety, or by a mental health treatment provider to be necessary for the emotional well-being of the victim; and, h) Funeral or burial expenses. (Gov. Code, § 13957, subd. (a).) 5)Limits the total award to or on behalf of each victim to $35,000, except that this amount may be increased up to $70,000 if federal funds for that increase are available. (Gov. Code, § 13957, subd. (b).) AB 2160 Page 5 FISCAL EFFECT: Unknown COMMENTS: 1)Author's Statement: According to the author, "AB 2160 helps California meet the needs of crime victims and their advocates---from the college student who needs counseling after discovering, years later, that sexually explicit photos were taken of her as a child---to the single father who is missing work and losing wages to care for a child who witnessed gun violence. Inadequate compensation for child care and transportation are two of the most common barriers preventing a victim from accessing medical care, mental health services, or legal appointments. AB 2160 reduces these barriers by reimbursing victims for their associated child care and transportation costs. AB 2160 will provide critical support for victims of violent crimes by expanding the California Victim's Compensation Program to provide additional resources and support to victims in order facilitate their healing and recovery." 2)CalVCP: The CalVCP provides compensation for victims of violent crime, or more specifically those who have been physically injured or threatened with injury. It reimburses eligible victims for many crime-related expenses, such as medical treatment, mental health services, funeral expenses, and home security. Funding for the board comes from restitution fines and penalty assessments paid by criminal offenders, as well as from federal matching funds. (See board Website < http://www.vcgcb.ca.gov/board >.) 3)Gap Analysis Report: In July 2015, the board issued the third in a series of reports which sought to determine the unmet needs of crime victims and barriers to services for crime victims. This final report outlined gaps in current services and compensation provided under CalVCP. The board's report concluded that "CalVCP's limitations on benefits prevent the Program from meeting the financial needs of victims. ? Additionally, transportation expenses or wage loss due to appointments or court appearances are not covered." (See Gap Analysis Report: California's Underserved Crime Victims and AB 2160 Page 6 their Access to Victim Services and Compensation, July 2015, p. 9, < http://vcgcb.ca.gov/victims/ovcgrant2013/deliverables/CalVCPGa pAnalysis-OVCGrant2013.pdf >.) As to transportation expenses, the report notes, "Transportation costs are not currently covered by CalVCP, except for transportation to medical appointments more than 100 miles from the victim's home. The lack of reimbursement for transportation costs limits victims' access to services, including mental health treatment, medical appointments, meetings with advocates, and court appearances (especially for protective orders). Offering reimbursement for transportation costs will assist victims in rural areas and frontier counties who may live hours from trauma-informed mental health providers, hospitals, a victim advocate's office or the courthouse. It will also assist victims with limited financial resources who live in urban areas and may need assistance with bus fare or train fare to get to appointments." (Id. at p. 13.) This bill allows compensation of transportation costs for victims or derivative victims to travel to medical and mental health appointments, attending meetings with the prosecutor and other crime-related appointments. The report also noted that "Reimbursement for childcare and wage loss while attending appointments (court, mental health treatment, or medical appointments) for themselves or their children is another loss not currently covered by CalVCP." (Id. at p. 14.) This bill addresses that deficiency by allowing reimbursement for these costs when they are necessary for a victim or derivative victim to attend the aforementioned appointments. Another necessary change identified in the report was the need to update the cap on relocation limits. "Relocation limits have not changed since the inception of the benefit 15 years ago. Reimbursements have not kept pace with increases in costs for moving and rents." (Id. at p. 13.) This bill increases the reimbursement limit for relocation expenses from $2,000 to $4,000. It also increases the reimbursement caps for crime scene clean up and residential security from $1,000 AB 2160 Page 7 to $2,000. 4)Argument in Support: According to the Napa County District Attorney, "AB 2160 is in direct response to the July 2015 report published by the California Victim's Compensation Board (CalVCP) entitled "Gap Analysis Report: California's Underserved Victims and their Access to Victim Services and Compensation." The report makes numerous findings as to why many victims of crime are not able to access the necessary services and compensation they are entitled to under the law as a result of language difficulties, lack of ability or information to apply, lack of transportation to access services and other barriers including mental disabilities and other disorders. "I have been a prosecutor for over 30 years and the elected District Attorney for Napa County for the past 18 years. I have also been a career advocate for the rights of victims and our responsibility to do everything we can to help restore their lives and their dignity. Fortunately, we have a very stable Victims Trust Fund under the CalVCP that is able to assist crime victims provided they know how and where to apply for help. AB 2160 reaffirms existing law and expands to allow for the present cost of services such as funeral and burial expenses; mental health treatment; and emergency funding for individuals who have lost their housing as a result of being victimized, often by family members who are supposed to support and care for them." 5)Related Legislation: a) AB 1563 (Rodriguez) establishes a six-month deadline for the board to respond to an appeal from a denial of an application for compensation. AB 1563 is pending in the Assembly Appropriations Committee. b) AB 1754 (Waldron) creates a pilot program in San Diego County to compensate victims of elder financial theft under the CalVCP. 6)Prior Legislation: AB 2160 Page 8 a) AB 1140 (Bonta), Chapter 569, revised standards for involvement in a crime and for cooperation with the board in various circumstances; authorized compensation for non-consensual distribution of sexual images of minors, and revised various other rules governing the CalVCP. b) AB 2809 (Leno), Chapter 587, Statutes of 2008, allowed a minor who suffers emotional injury as a direct result of witnessing a violent crime to be eligible for reimbursement for the costs of outpatient mental health counseling if the minor was in close proximity to the victim when he or she witnessed the crime. REGISTERED SUPPORT / OPPOSITION: Support California District Attorneys Association Alameda County District Attorney Napa County District Attorney Opposition None Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744