as amended, Hancock.
begin deleteVictims of crime. end delete
(1) Existing law provides for the indemnification of victims and derivative victims of specified types of crimes by the California Victim Compensation and Government Claims Board, subject to specified criteria for, among other things, submission and verification of applications, eligibility for emergency awards and compensation for specified services, and procedures for hearings with respect to the denial of awards. Existing law requires the board to publicize programs related to these provisions, including, among others, the procedures to obtain compensation from the board. Payment of claims and certain programs administered by the board are made under these provisions from the Restitution Fund, which is continuously appropriated to the board for these purposes.end delete
This bill would require all correspondence by the board to an applicant to be written in English, Spanish, Chinese (Mandarin and Cantonese), Vietnamese, Korean, East Armenian, Tagalog, Russian, Arabic, Farsi, Hmong, and Khmer. The bill would prohibit the board from requiring an applicant to submit documentation from the Internal Revenue Service, the Franchise Tax Board, the State Board of Equalization, the Social Security Administration, or the Employment Development Department in order to determine eligibility for compensation.end delete
(2) Existing law authorizes the board to compensate an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay a crime victim’s funeral and burial expenses, up to $7,500, incurred as a direct result of the crime.end delete
This bill would prohibit any regulation or policy by the board creating a maximum amount of an award pursuant to this provision for less than $7,500.end delete
(3) Existing law requires an application for compensation to be denied if the board finds that the victim failed to cooperate reasonably with a law enforcement agency in the apprehension and conviction of a criminal committing a crime. Existing law also requires an application for compensation to be denied if a person has been convicted of a felony and is not discharged from probation.end delete
This bill would prohibit a claim from being denied pursuant to these provisions in any case in which the victim is eligible for compensation as a minor. This bill would also remove the prohibition against granting compensation to a person convicted of a felony, but not discharged from parole, if the compensation is solely used to fund mental health counseling. By expanding the eligibility for payments from a continuously appropriated fund, this bill would make an appropriation.end delete
(4) Existing law requires the board to approve or deny applications, based on recommendations of the board staff, within an average of 90 calendar days and no later than 180 calendar days of acceptance by the board or victim center, and to report to the Legislature if the board fails to do so, as specified.end delete
This bill would require the board to approve or deny applications within 90 days total and modifies the reporting requirements accordingly.end delete
(5) Existing law requires board hearings to be informal and authorizes these hearings to not be conducted according to the technical rules relating to evidence and witnesses.end delete
This bill would require the board to allow a service animal to accompany and support a witness while testifying at a board hearing.end delete
(6) Existing law requires the court to order a person who is convicted of a crime to pay restitution to the victim or victims for the full amount of economic loss, unless the court finds compelling and extraordinary reasons for not doing so and states them on the record. Existing law provides the defendant the right to a hearing before a judge to dispute the determination of the amount of restitution and authorizes the court to modify the amount of restitution.end delete
This bill would authorize a victim at a restitution or modification hearing to testify by live, 2-way audio and video transmission, if that type of transmission is available at the court.end delete
(7) By expanding the authorizations for use of moneys in the Restitution Fund, a continuously appropriated fund, this bill would make an appropriation.end delete
begin delete2⁄3 end delete.
Appropriation: begin deleteyes end delete.
Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
Section 13952 of the Government Code is
10amended to read:
(a) An application for compensation shall be filed with
12the board in the manner determined by the board.
13(b) (1) The application for compensation shall be verified under
14penalty of perjury by the individual who is seeking compensation,
15who may be the victim or derivative victim, or an individual
16seeking reimbursement for burial, funeral, or crime scene cleanup
17expenses pursuant to subdivision (a) of Section 13957. If the
18individual seeking compensation is a minor or is incompetent, the
19application shall be verified under penalty of perjury or on
20information and belief by the parent with legal custody, guardian,
21conservator, or relative caregiver of the victim or derivative victim
22for whom the application is made. However, if a minor seeks
23 compensation only for expenses for medical, medical-related,
24psychiatric, psychological, or other mental health
25counseling-related services and the minor is authorized by statute
26to consent to those services, the minor may verify the application
27for compensation under penalty of perjury.
28(2) For purposes of this subdivision, “relative caregiver” means
29a relative as defined in subdivision (h) of Section 6550 of the
30Family Code, who assumed primary responsibility for the child
31while the child was in the relative’s care and control, and who is
32not a biological or adoptive parent.
33(c) (1) The board may require submission of additional
34information supporting the application that is reasonably necessary
35to verify the application and determine eligibility for compensation.
36(2) The staff of the board shall determine whether an application
37for compensation contains all of the information required by the
38board. If the staff determines that an application does not contain
39all of the required information, the staff shall communicate that
40determination to the applicant with a brief statement of the
P5 1additional information required. The applicant, within 30 calendar
2days of being notified that the application is incomplete, may either
3supply the additional information or appeal the staff’s
4determination to the board, which shall review the application to
5determine whether it is complete.
6(3) The board shall not require an applicant to submit
7documentation from the Internal Revenue Service, the Franchise
8Tax Board, the State Board of Equalization, the Social Security
9Administration, or the Employment Development Department in
10order to determine eligibility for compensation.
11(d) (1) The board may recognize an authorized representative
12of the victim or derivative victim, who shall represent the victim
13or derivative victim pursuant to rules adopted by the board.
14(2) For purposes of this subdivision, “authorized representative”
15means any of the following:
16(A) An attorney.
17(B) If the victim or derivative victim is a minor or an
18incompetent adult, the legal guardian or conservator, or an
19immediate family member, parent, or relative caregiver who is not
20the perpetrator of the crime that gave rise to the claim.
21(C) A victim assistance advocate certified pursuant to Section
2213835.10 of the Penal Code.
23(D) An immediate family member of the victim or derivative
24victim, who has written authorization by the victim or derivative
25victim, and who is not the perpetrator of the crime that gave rise
26to the claim.
27(E) Other persons who shall represent the victim or derivative
28victim pursuant to rules adopted by the board.
29(F) A county social worker designated by a county department
30of social services to represent a child abuse victim or an elder
31abuse victim if that victim is unable to file on his or her own behalf.
32(3) Except for attorney’s fees awarded under this chapter, no
33authorized representative described in paragraph (2) shall charge,
34demand, receive, or collect any amount for services rendered under
36(e) All correspondence by the board to an applicant shall be
37 written in English, Spanish, Chinese (Mandarin and Cantonese),
38Vietnamese, Korean, East Armenian, Tagalog, Russian, Arabic,
39Farsi, Hmong, and Khmer.
Section 13956 of the Government Code is amended
Notwithstanding Section 13955, a person shall not be
4eligible for compensation under the following conditions:
5(a) An application shall be denied if the board finds that the
6victim or, if compensation is sought by or on behalf of a derivative
7victim, either the victim or derivative victim, knowingly and
8willingly participated in the commission of the crime that resulted
9in the pecuniary loss for which compensation is being sought
10pursuant to this chapter. However, this subdivision shall not apply
11if the injury or death occurred as a direct result of a crime
12committed in violation of Section 261, 262, or 273.5 of, or a crime
13of unlawful sexual intercourse with a minor committed in violation
14of subdivision (d) of Section 261.5 of, the Penal Code.
15(b) (1) An application shall be denied if the board finds that
16the victim or, if compensation is sought by, or on behalf of, a
17derivative victim, either the victim or derivative victim failed to
18cooperate reasonably with a law enforcement agency in the
19apprehension and conviction of a criminal committing the crime.
20However, in determining whether cooperation has been reasonable,
21the board shall consider the victim’s or derivative victim’s age,
22physical condition, and psychological state, cultural or linguistic
23barriers, any compelling health and safety concerns, including, but
24not limited to, a reasonable fear of retaliation or harm that would
25jeopardize the well-being of the victim or the victim’s family or
26the derivative victim or the derivative victim’s family, and giving
27due consideration to the degree of cooperation of which the victim
28or derivative victim is capable in light of the presence of any of
29these factors. An application for a claim shall not be denied
30pursuant to this paragraph in any case in which the victim is eligible
31for compensation as a minor.
32(2) An application for a claim based on domestic violence shall
33not be denied solely because no police report was made by the
34victim. The board shall adopt guidelines that allow the board to
35consider and approve applications for assistance based on domestic
36violence relying upon evidence other than a police report to
37establish that a domestic violence crime has occurred. Factors
38evidencing that a domestic violence crime has occurred may
39include, but are not limited to, medical records documenting
40injuries consistent with allegations of domestic violence, mental
P7 1health records, or the fact that the victim has obtained a temporary
2or permanent restraining order, or all of these.
3(3) An application for a claim based on human trafficking as
4 defined in Section 236.1 of the Penal Code shall not be denied
5solely because no police report was made by the victim. The board
6shall adopt guidelines that allow the board to consider and approve
7applications for assistance based on human trafficking relying
8upon evidence other than a police report to establish that a human
9trafficking crime as defined in Section 236.1 of the Penal Code
10has occurred. That evidence may include any reliable corroborating
11information approved by the board, including, but not limited to,
13(A) A Law Enforcement Agency Endorsement issued pursuant
14to Section 236.2 of the Penal Code.
15(B) A human trafficking caseworker, as identified in Section
161038.2 of the Evidence Code, has attested by affidavit that the
17individual was a victim of human trafficking.
18(4) (A) An application for a claim by a military personnel victim
19based on a sexual assault by another military personnel shall not
20be denied solely because it was not reported to a superior officer
21or law enforcement at the time of the crime.
22(B) Factors that the board shall consider for purposes of
23determining if a claim qualifies for compensation include, but are
24not limited to, the evidence of the following:
25(i) Restricted or unrestricted reports to a military victim
26advocate, sexual assault response coordinator, chaplain, attorney,
27or other military personnel.
28(ii) Medical or physical evidence consistent with sexual assault.
29(iii) A written or oral report from military law enforcement or
30a civilian law enforcement agency concluding that a sexual assault
31crime was committed against the victim.
32(iv) A letter or other written statement from a sexual assault
33counselor, as defined in Section 1035.2 of the Evidence Code,
34licensed therapist, or mental health counselor, stating that the
35victim is seeking services related to the allegation of sexual assault.
36(v) A credible witness to whom the victim disclosed the details
37that a sexual assault crime occurred.
38(vi) A restraining order from a military or civilian court against
39the perpetrator of the sexual assault.
40(vii) Other behavior by the victim consistent with sexual assault.
P8 1(C) For purposes of this subdivision, the sexual assault at issue
2shall have occurred during military service, including deployment.
3(D) For purposes of this subdivision, the sexual assault may
4have been committed off base.
5(E) For purposes of this subdivision, a “perpetrator” means an
6individual who is any of the following at the time of the sexual
8(i) An active duty military personnel from the United States
9Army, Navy, Marine Corps, Air Force, or Coast Guard.
civilian employee of any military branch specified in
11clause (i), military base, or military deployment.
12(iii) A contractor or agent of a private military or private security
14(iv) A member of the California National Guard.
15(F) For purposes of this subdivision, “sexual assault” means an
16offense included in Section 261, 262, 264.1, 286, 288a, or 289 of
17the Penal Code, as of the date the act that added this paragraph
19(c) An application for compensation may be denied, in whole
20or in part, if the board finds that denial is appropriate because of
21the nature of the victim’s or other applicant’s involvement in the
22events leading to the crime or the involvement of the persons whose
23injury or death gives rise to the application. In the case of a minor,
24the board shall consider the minor’s age, physical condition, and
25psychological state, as well as any compelling health and safety
26concerns, in determining whether the minor’s application should
27be denied pursuant to this section. The application of a derivative
28victim of domestic violence under 18 years of age or a derivative
29victim of trafficking under 18 years of age may not be denied on
30the basis of the denial of the victim’s application under this
32(d) (1) Notwithstanding Section 13955, a person who is
33convicted of a felony shall not be granted compensation until that
34person has been discharged from probation or has been released
35from a correctional institution and has been discharged from parole,
36if any, unless the compensation is solely used to fund mental health
37counseling. In no case shall compensation be granted to an
38applicant pursuant to this chapter during any period of time the
39applicant is held in a correctional institution.
P9 1(2) A person who has been convicted of a felony may apply for
2compensation pursuant to this chapter at any time, but the award
3of that compensation may not be considered until the applicant
4meets the requirements for compensation set forth in paragraph
6(3) Applications of victims who are not felons shall receive
7priority in the award of compensation over an application submitted
8by a felon who has met the requirements for compensation set
9forth in paragraph (1).
Section 13957 of the Government Code is amended
(a) The board may grant for pecuniary loss, when the
13board determines it will best aid the person seeking compensation,
15(1) Subject to the limitations set forth in Section 13957.2,
16reimburse the amount of medical or medical-related expenses
17incurred by the victim, including, but not limited to, eyeglasses,
18hearing aids, dentures, or any prosthetic device taken, lost, or
19destroyed during the commission of the crime, or the use of which
20became necessary as a direct result of the crime.
21(2) Subject to the limitations set forth in Section 13957.2,
22reimburse the amount of outpatient psychiatric, psychological, or
23other mental health counseling-related expenses incurred by the
24victim or derivative victim, including peer counseling services
25provided by a rape crisis center as defined by Section 13837 of
26the Penal Code, and including family psychiatric, psychological,
27or mental health counseling for the successful treatment of the
28victim provided to family members of the victim in the presence
29of the victim, whether or not the family member relationship
30existed at the time of the crime, that became necessary as a direct
31result of the crime, subject to the following conditions:
32(A) The following persons may be reimbursed for the expense
33of their outpatient mental health counseling in an amount not to
34exceed ten thousand dollars ($10,000):
35(i) A victim.
36(ii) A derivative victim who is the surviving parent, sibling,
37child, spouse, fiancé, or fiancée of a victim of a crime that directly
38resulted in the death of the victim.
39(iii) A derivative victim, as described in paragraphs (1) to (4),
40inclusive, of subdivision (c) of Section 13955, who is the primary
P10 1caretaker of a minor victim whose claim is not denied or reduced
2pursuant to Section 13956 in a total amount not to exceed ten
3thousand dollars ($10,000) for not more than two derivative
5(B) The following persons may be reimbursed for the expense
6of their outpatient mental health counseling in an amount not to
7exceed five thousand dollars ($5,000):
8(i) A derivative victim not eligible for reimbursement
9to subparagraph (A), provided that mental health counseling of a
10derivative victim described in paragraph (5) of subdivision (c) of
11Section 13955, shall be reimbursed only if that counseling is
12necessary for the treatment of the victim.
13(ii) A victim of a crime of unlawful sexual intercourse with a
14minor committed in violation of subdivision (d) of Section 261.5
15of the Penal Code. A derivative victim of a crime committed in
16violation of subdivision (d) of Section 261.5 of the Penal Code
17shall not be eligible for reimbursement of mental health counseling
19(iii) A minor who suffers emotional injury as a direct result of
20witnessing a violent crime and who is not eligible for
21reimbursement of the costs of outpatient mental health counseling
22under any other provision of this chapter. To be eligible for
23reimbursement under this clause, the minor must have been in
24close proximity to the victim when he or she witnessed the crime.
25(C) The board may reimburse a victim or derivative victim for
26outpatient mental health counseling in excess of that authorized
27by subparagraph (A) or (B) or for inpatient psychiatric,
28psychological, or other mental health counseling if the claim is
29based on dire or exceptional circumstances that require more
30extensive treatment, as approved by the board.
31(D) Expenses for psychiatric, psychological, or other mental
32health counseling-related services may be reimbursed only if the
33services were provided by either of the following individuals:
34(i) A person
who would have been authorized to provide those
35services pursuant to former Article 1 (commencing with Section
3613959) as it read on January 1, 2002.
37(ii) A person who is licensed by the state to provide those
38services, or who is properly supervised by a person who is so
39licensed, subject to the board’s approval and subject to the
40limitations and restrictions the board may impose.
P11 1(3) Reimburse the expenses of nonmedical remedial care and
2treatment rendered in accordance with a religious method of healing
3recognized by state law.
4(4) Subject to the limitations set forth in Section 13957.5,
5authorize compensation equal to the loss of income or loss of
6support, or both, that a victim or derivative victim incurs as a direct
7result of the victim’s or derivative victim’s injury or the victim’s
8death. If the victim or derivative victim requests that the board
9give priority to reimbursement of loss of income or support, the
10board may not pay medical expenses, or mental health counseling
11expenses, except upon the request of the victim or derivative victim
12or after determining that payment of these expenses will not
13decrease the funds available for payment of loss of income or
15(5) Authorize a cash payment to or on behalf of the victim for
16job retraining or similar employment-oriented services.
17(6) Reimburse the claimant for the expense of installing or
18increasing residential security, not to exceed one thousand dollars
19($1,000). Reimbursement shall be made either upon verification
20by law enforcement that the security measures are necessary for
21the personal safety of the claimant or verification by a mental
22health treatment provider that the security measures are necessary
23for the emotional well-being of the claimant. For purposes of this
24paragraph, a claimant is the crime victim, or, if the victim is
25deceased, a person who resided with the deceased at the time of
26the crime. Installing or increasing residential security may include,
27but need not be limited to, both of the following:
28(A) Home security device or system.
29(B) Replacing or increasing the number of locks.
30(7) Reimburse the expense of renovating or retrofitting a
31victim’s residence or a vehicle, or both, to make the residence, the
32vehicle, or both, accessible or the vehicle operational by a victim
33upon verification that the expense is medically necessary for a
34victim who is permanently disabled as a direct result of the crime,
35whether the disability is partial or total.
36(8) (A) Authorize a cash payment or reimbursement not to
37exceed two thousand dollars ($2,000) to a victim for expenses
38incurred in relocating, if the expenses are determined by law
39enforcement to be necessary for the personal safety of the victim
P12 1or by a mental health treatment provider to be necessary for the
2emotional well-being of the victim.
3(B) The cash payment or reimbursement made under this
4paragraph shall only be awarded to one claimant per crime giving
5rise to the relocation. The board may authorize more than one
6relocation per crime if necessary for the personal safety or
7emotional well-being of the claimant. However, the total cash
8payment or reimbursement for all relocations due to the same crime
9shall not exceed two thousand dollars ($2,000). For purposes of
10this paragraph a claimant is the crime victim, or, if the victim is
11deceased, a person who resided with the deceased at the time of
13(C) The board may, under compelling circumstances, award a
14second cash payment or reimbursement to a victim for another
15crime if both of the following conditions are met:
16(i) The crime occurs more than three years from the date of the
17crime giving rise to the initial relocation cash payment or
19(ii) The crime does not involve the same offender.
20(D) When a relocation payment or reimbursement is provided
21to a victim of sexual assault or domestic violence and the identity
22of the offender is known to the victim, the victim shall agree not
23to inform the offender of the location of the victim’s new residence
24and not to allow the offender on the premises at any time, or shall
25agree to seek a restraining order against the offender.
26(E) Notwithstanding subparagraphs (A) and (B), the board may
27increase the cash payment or reimbursement for expenses incurred
28in relocating to an amount greater than two thousand dollars
29($2,000), if the board finds this amount is appropriate due to the
30unusual, dire, or exceptional circumstances of a particular claim.
31(9) When a
victim dies as a result of a crime, the board may
32reimburse any individual who voluntarily, and without anticipation
33of personal gain, pays or assumes the obligation to pay any of the
35(A) The medical expenses incurred as a direct result of the crime
36in an amount not to exceed the rates or limitations established by
38(B) The funeral and burial expenses incurred as a direct result
39of the crime, not to exceed seven thousand five hundred dollars
40($7,500).Any regulation or policy by the board creating a maximum
P13 1amount of an award pursuant to this provision for less than seven
2thousand five hundred dollars ($7,500) is prohibited.
3(10) When the crime occurs in a residence, the board may
4reimburse any individual who voluntarily, and without anticipation
5of personal gain, pays or assumes the obligation to pay the
6reasonable costs to clean the scene of the crime in an amount not
7to exceed one thousand dollars ($1,000). Services reimbursed
8pursuant to this subdivision shall be performed by persons
9registered with the State Department of Public Health as trauma
10scene waste practitioners in accordance with Chapter 9.5
11(commencing with Section 118321) of Part 14 of Division 104 of
12the Health and Safety Code.
13(11) When the crime is a violation of Section 600.2 or 600.5 of
14the Penal Code, the board may reimburse the expense of veterinary
15services, replacement costs, or other reasonable expenses, as
16ordered by the court pursuant to Section 600.2 or 600.5 of the
17Penal Code, in an amount not to exceed ten thousand dollars
19(b) The total award to or on behalf of each victim or derivative
20victim may not exceed thirty-five thousand dollars ($35,000),
21except that this amount may be increased to seventy thousand
22dollars ($70,000) if federal funds for that increase are available.
Section 13958 of the Government Code is amended
The board shall approve or deny applications, based
26on recommendations of the board staff, within 90 calendar days
27of acceptance by the board or victim center.
28(a) If the board does not meet the 90-day requirement prescribed
29in this subdivision, the board shall, thereafter, report to the
30Legislature, on a quarterly basis, its progress and its current average
31time of processing applications. These quarterly reports shall
32continue until the board meets the 90-day requirement for two
34(b) If the board fails to approve or deny an individual application
35within 90 days of the date it is accepted, pursuant to this
36subdivision, the board shall advise the applicant and his or her
37representative, in writing, of the reason for the failure to approve
38or deny the application.
Section 13959 of the Government Code is amended
(a) The board shall grant a hearing to an applicant who
2believes he or she is entitled to compensation pursuant to this
3chapter to contest a staff recommendation to deny compensation
4in whole or in part.
5(b) The board shall notify the applicant not less than 10 days
6prior to the date of the hearing. Notwithstanding Section 11123,
7if the application that the board is considering involves either a
8crime against a minor, a crime of sexual assault, or a crime of
9domestic violence, the board may exclude from the hearing all
10persons other than board members and members of its staff, the
11applicant for benefits, a minor applicant’s parents or guardians,
12the applicant’s representative, witnesses, and other persons of the
13applicant’s choice to provide assistance to the applicant during the
14hearing. However, the board shall not exclude persons from the
15hearing if the applicant or applicant’s representative requests that
16the hearing be open to the public.
17(c) At the hearing, the person seeking compensation shall have
18the burden of establishing, by a preponderance of the evidence,
19the elements for eligibility under Section 13955.
20(d) Except as otherwise provided by law, in making
21determinations of eligibility for compensation and in deciding
22upon the amount of compensation, the board shall apply the law
23in effect as of the date an application was submitted.
24(e) (1) The hearing shall be informal and need not be conducted
25according to the technical rules relating to evidence and witnesses.
26The board may rely on any relevant evidence if it is the sort of
27evidence on which responsible persons are accustomed to rely in
28the conduct of serious affairs, regardless of the existence of a
29common law or statutory rule that might make improper the
30admission of the evidence over objection in a civil action. The
31board may rely on written reports prepared for the board, or other
32information received, from public agencies responsible for
33investigating the crime. If the applicant or the applicant’s
34representative chooses not to appear at the hearing, the board may
35act solely upon the application for compensation, the staff’s report,
36and other evidence that appears in the record.
37(2) The board shall
allow a service animal to accompany and
38support a witness while testifying at a hearing.
39(f) Hearings shall be held in various locations with the frequency
40necessary to provide for the speedy adjudication of the applications.
P15 1If the applicant’s presence is required at the hearing, the board
2shall schedule the applicant’s hearing in as convenient a location
4(g) The board may delegate the hearing of applications to
6(h) The decisions of the board shall be in writing. Copies of the
7decisions shall be delivered to the applicant or to his or her
8representative personally or sent to him or her by mail.
9(i) The board may order a
reconsideration of all or part of a
10decision on written request of the applicant. The board shall not
11grant more than one request for reconsideration with respect to
12any one decision on an application for compensation. The board
13shall not consider any request for reconsideration filed with the
14board more than 30 calendar days after the personal delivery or
1560 calendar days after the mailing of the original decision.
16(j) The board may order a reconsideration of all or part of a
17decision on its own motion, at its discretion, at any time.
Section 1202.4 of the Penal Code is amended to read:
(a) (1) It is the intent of the Legislature that a victim
20of crime who incurs an economic loss as a result of the commission
21of a crime shall receive restitution directly from a defendant
22convicted of that crime.
23(2) Upon a person being convicted of a crime in the State of
24California, the court shall order the defendant to pay a fine in the
25form of a penalty assessment in accordance with Section 1464.
26(3) The court, in addition to any other penalty provided or
27imposed under the law, shall order the defendant to pay both of
29(A) A restitution fine in accordance with subdivision (b).
30(B) Restitution to the victim or victims, if any, in accordance
31with subdivision (f), which shall be enforceable as if the order
32were a civil judgment.
33(b) In every case where a person is convicted of a crime, the
34court shall impose a separate and additional restitution fine, unless
35it finds compelling and extraordinary reasons for not doing so and
36states those reasons on the record.
37(1) The restitution fine shall be set at the discretion of the court
38and commensurate with the seriousness of the offense. If the person
39is convicted of a felony, the fine shall not be less than two hundred
40forty dollars ($240) starting on January 1, 2012, two hundred eighty
P16 1dollars ($280) starting on January 1, 2013, and three hundred
2dollars ($300) starting on January 1, 2014, and not more than ten
3thousand dollars ($10,000). If the person is convicted of a
4misdemeanor, the fine shall not be less than one hundred twenty
5dollars ($120) starting on January 1, 2012, one hundred forty
6dollars ($140) starting on January 1, 2013, and one hundred fifty
7dollars ($150) starting on January 1, 2014, and not more than one
8thousand dollars ($1,000).
9(2) In setting a felony restitution fine, the court may determine
10the amount of the fine as the product of the minimum fine pursuant
11to paragraph (1) multiplied by the number of years of imprisonment
12the defendant is ordered to serve, multiplied by the number of
13felony counts of which the defendant is convicted.
court shall impose the restitution fine unless it finds
15compelling and extraordinary reasons for not doing so and states
16those reasons on the record. A defendant’s inability to pay shall
17not be considered a compelling and extraordinary reason not to
18impose a restitution fine. Inability to pay may be considered only
19in increasing the amount of the restitution fine in excess of the
20minimum fine pursuant to paragraph (1) of subdivision (b). The
21court may specify that funds confiscated at the time of the
22defendant’s arrest, except for funds confiscated pursuant to Section
2311469 of the Health and Safety Code, be applied to the restitution
24fine if the funds are not exempt for spousal or child support or
25subject to any other legal exemption.
26(d) In setting the amount of the fine pursuant to subdivision (b)
27in excess of the minimum fine pursuant to paragraph (1) of
28subdivision (b), the court shall consider any relevant factors,
29including, but not limited to, the defendant’s inability to pay, the
30seriousness and gravity of the offense and the circumstances of its
31commission, any economic gain derived by the defendant as a
32result of the crime, the extent to which any other person suffered
33losses as a result of the crime, and the number of victims involved
34in the crime. Those losses may include pecuniary losses to the
35victim or his or her dependents as well as intangible losses, such
36as psychological harm caused by the crime. Consideration of a
37defendant’s inability to pay may include his or her future earning
38capacity. A defendant shall bear the burden of demonstrating his
39or her inability to pay. Express findings by the court as to the
P17 1factors bearing on the amount of the fine shall not be required. A
2separate hearing for the fine shall not be required.
3(e) The restitution fine shall not be subject to penalty
4assessments authorized in Section 1464 or Chapter 12
5(commencing with Section 76000) of Title 8 of the Government
6Code, or the state surcharge authorized in Section 1465.7, and
7shall be deposited in the Restitution Fund in the State Treasury.
8(f) Except as provided in subdivisions (q) and (r), in every case
9in which a victim has suffered economic loss as a result of the
10defendant’s conduct, the court shall require that the defendant
11make restitution to the victim or victims in an amount established
12by court order, based on the amount of loss claimed by the victim
13or victims or any other showing to the court. If the amount of loss
14cannot be ascertained at the time of sentencing, the restitution
15order shall include a provision that the amount shall be determined
16at the direction of the court. The court shall order full restitution
17unless it finds compelling and extraordinary reasons for not doing
18so and states them on the record. The court may specify that funds
19confiscated at the time of the defendant’s arrest, except for funds
20confiscated pursuant to Section 11469 of the Health and Safety
21Code, be applied to the restitution order if the funds are not exempt
22for spousal or child support or subject to any other legal exemption.
23(1) The defendant has the right to a hearing before a judge to
24dispute the determination of the amount of restitution. The court
25may modify the amount, on its own motion or on the motion of
26the district attorney, the victim or victims, or the defendant. If a
27motion is made for modification of a restitution order, the victim
28shall be notified of that motion at least 10 days prior to the
29proceeding held to decide the motion. A victim at a restitution
30hearing or modification hearing described in this paragraph may
31testify by live, two-way audio and video transmission, if testimony
32by live, two-way audio and video transmission is available at the
34(2) Determination of the amount of restitution ordered pursuant
35to this subdivision shall not be affected by the indemnification or
36subrogation rights of a third party. Restitution ordered pursuant to
37this subdivision shall be ordered to be deposited to the Restitution
38Fund to the extent that the victim, as defined in subdivision (k),
39has received assistance from the California Victim Compensation
40and Government Claims Board pursuant to Chapter 5 (commencing
P18 1with Section 13950) of Part 4 of Division 3 of Title 2 of the
3(3) To the extent possible, the restitution order shall be prepared
4by the sentencing court, shall identify each victim and each loss
5to which it pertains, and shall be of a dollar amount that is sufficient
6to fully reimburse the victim or victims for every determined
7economic loss incurred as the result of the defendant’s criminal
8conduct, including, but not limited to, all of the following:
9(A) Full or partial payment for the value of stolen or damaged
10property. The value of stolen or damaged property shall be the
11replacement cost of like property, or the actual cost of repairing
12the property when repair is possible.
13(B) Medical expenses.
14(C) Mental health counseling expenses.
15(D) Wages or profits lost due to injury incurred by the victim,
16and if the victim is a minor, wages or profits lost by the minor’s
17parent, parents, guardian, or guardians, while caring for the injured
18minor. Lost wages shall include commission income as well as
19base wages. Commission income shall be established by evidence
20of commission income during the 12-month period prior to the
21date of the crime for which restitution is being ordered, unless
22good cause for a shorter time period is shown.
23(E) Wages or profits lost by the victim, and if the victim is a
24minor, wages or profits lost by the minor’s parent, parents,
25guardian, or guardians, due to time spent as a witness or in assisting
26the police or prosecution. Lost wages shall include commission
27income as well as base wages. Commission income shall be
28established by evidence of commission income during the
2912-month period prior to the date of the crime for which restitution
30is being ordered, unless good cause for a shorter time period is
32(F) Noneconomic losses, including, but not limited to,
33psychological harm, for felony violations of Section 288.
34(G) Interest, at the rate of 10 percent per annum, that accrues
35as of the date of sentencing or loss, as determined by the court.
36(H) Actual and reasonable attorney’s fees and other costs of
37collection accrued by a private entity on behalf of the victim.
38(I) Expenses incurred by an adult victim in relocating away
39from the defendant, including, but not limited to, deposits for
40utilities and telephone service, deposits for rental housing,
P19 1temporary lodging and food expenses, clothing, and personal items.
2Expenses incurred pursuant to this section shall be verified by law
3enforcement to be necessary for the personal safety of the victim
4or by a mental health treatment provider to be necessary for the
5emotional well-being of the victim.
6(J) Expenses to install or increase residential security incurred
7related to a violent felony, as defined in subdivision (c) of Section
8667.5, including, but not limited to, a home security device or
9system, or replacing or increasing the number of locks.
10(K) Expenses to retrofit a residence or vehicle, or both, to make
11the residence accessible to or the vehicle operational by the victim,
12if the victim is permanently disabled, whether the disability is
13partial or total, as a direct result of the crime.
14(L) Expenses for a period of time reasonably necessary to make
15the victim whole, for the costs to monitor the credit report of, and
16for the costs to repair the credit of, a victim of identity theft, as
17defined in Section 530.5.
18(4) (A) If, as a result of the defendant’s conduct, the Restitution
19Fund has provided assistance to or on behalf of a victim or
20derivative victim pursuant to Chapter 5 (commencing with Section
2113950) of Part 4 of Division 3 of Title 2 of the Government Code,
22the amount of assistance provided shall be presumed to be a direct
23result of the defendant’s criminal conduct and shall be included
24in the amount of the restitution ordered.
25(B) The amount of assistance provided by the Restitution Fund
26shall be established by copies of bills submitted to the California
27Victim Compensation and Government Claims Board reflecting
28the amount paid by the board and whether the services for which
29payment was made were for medical or dental expenses, funeral
30or burial expenses, mental health counseling, wage or support
31losses, or rehabilitation. Certified copies of these bills provided
32by the board and redacted to protect the privacy and safety of the
33victim or any legal privilege, together with a statement made under
34penalty of perjury by the custodian of records that those bills were
35submitted to and were paid by the board, shall be sufficient to meet
37(C) If the defendant
offers evidence to rebut the presumption
38established by this paragraph, the court may release additional
39information contained in the records of the board to the defendant
40only after reviewing that information in camera and finding that
P20 1the information is necessary for the defendant to dispute the amount
2of the restitution order.
3(5) Except as provided in paragraph (6), in any case in which
4an order may be entered pursuant to this subdivision, the defendant
5shall prepare and file a disclosure identifying all assets, income,
6and liabilities in which the defendant held or controlled a present
7or future interest as of the date of the defendant’s arrest for the
8crime for which restitution may be ordered. The financial disclosure
9statements shall be made available to the victim and the board
10pursuant to Section 1214. The disclosure shall be signed by the
11defendant upon a form approved or adopted by the Judicial Council
12for the purpose of facilitating the disclosure. A defendant who
13willfully states as true a material matter that he or she knows to
14be false on the disclosure required by this subdivision is guilty of
15a misdemeanor, unless this conduct is punishable as perjury or
16another provision of law provides for a greater penalty.
17(6) A defendant who fails to file the financial disclosure required
18in paragraph (5), but who has filed a financial affidavit or financial
19information pursuant to subdivision (c) of Section 987, shall be
20deemed to have waived the confidentiality of that affidavit or
21financial information as to a victim in whose favor the order of
22restitution is entered pursuant to subdivision (f). The affidavit or
23information shall serve in lieu of the financial disclosure required
24in paragraph (5), and paragraphs (7) to (10), inclusive, shall not
26(7) Except as provided in paragraph (6), the defendant shall file
27the disclosure with the clerk of the court no later than the date set
28for the defendant’s sentencing, unless otherwise directed by the
29court. The disclosure may be inspected or copied as provided by
30subdivision (b), (c), or (d) of Section 1203.05.
31(8) In its discretion, the court may relieve the defendant of the
32duty under paragraph (7) of filing with the clerk by requiring that
33the defendant’s disclosure be submitted as an attachment to, and
34be available to, those authorized to receive the following:
35(A) A report submitted pursuant to subparagraph (C) of
36paragraph (2) of subdivision (b) of Section 1203 or subdivision
37(g) of Section 1203.
38(B) A stipulation submitted pursuant to paragraph (4) of
39subdivision (b) of Section 1203.
P21 1(C) A report by the probation officer, or information submitted
2by the defendant applying for a conditional sentence pursuant to
3subdivision (d) of Section 1203.
4(9) The court may consider a defendant’s unreasonable failure
5to make a complete disclosure pursuant to paragraph (5) as any of
7(A) A circumstance in aggravation of the crime in imposing a
8term under subdivision (b) of Section 1170.
9(B) A factor indicating
that the interests of justice would not be
10served by admitting the defendant to probation under Section 1203.
11(C) A factor indicating that the interests of justice would not be
12served by conditionally sentencing the defendant under Section
14(D) A factor indicating that the interests of justice would not
15be served by imposing less than the maximum fine and sentence
16fixed by law for the case.
17(10) A defendant’s failure or refusal to make the required
18disclosure pursuant to paragraph (5) shall not delay entry of an
19order of restitution or pronouncement of sentence. In appropriate
20cases, the court may do any of the following:
21(A) Require the defendant to be
examined by the district attorney
22pursuant to subdivision (h).
23(B) If sentencing the defendant under Section 1170, provide
24that the victim shall receive a copy of the portion of the probation
25report filed pursuant to Section 1203.10 concerning the defendant’s
26employment, occupation, finances, and liabilities.
27(C) If sentencing the defendant under Section 1203, set a date
28and place for submission of the disclosure required by paragraph
29(5) as a condition of probation or suspended sentence.
30(11) If a defendant has any remaining unpaid balance on a
31restitution order or fine 120 days prior to his or her scheduled
32release from probation or 120 days prior to his or her completion
33of a conditional sentence, the defendant shall prepare and file a
34new and updated financial disclosure identifying all assets, income,
35and liabilities in which the defendant holds or controls or has held
36or controlled a present or future interest during the defendant’s
37period of probation or conditional sentence. The financial
38disclosure shall be made available to the victim and the board
39pursuant to Section 1214. The disclosure shall be signed and
40prepared by the defendant on the same form as described in
P22 1paragraph (5). A defendant who willfully states as true a material
2matter that he or she knows to be false on the disclosure required
3by this subdivision is guilty of a misdemeanor, unless this conduct
4is punishable as perjury or another provision of law provides for
5a greater penalty. The financial disclosure required by this
6paragraph shall be filed with the clerk of the court no later than
790 days prior to the defendant’s scheduled release from probation
8or completion of the defendant’s conditional sentence.
9(12) In cases where an employer is convicted of a crime against
10an employee, a payment to the employee or the employee’s
11dependent that is made by the employer’s workers’ compensation
12insurance carrier shall not be used to offset the amount of the
13restitution order unless the court finds that the defendant
14substantially met the obligation to pay premiums for that insurance
16(g) The court shall order full restitution unless it finds
17compelling and extraordinary reasons for not doing so and states
18those reasons on the record. A defendant’s inability to pay shall
19not be considered a compelling and extraordinary reason not to
20impose a restitution order, nor shall inability to pay be a
21consideration in determining the amount of a restitution order.
22(h) The district attorney may request an order of examination
23pursuant to the procedures specified in Article 2 (commencing
24with Section 708.110) of Chapter 6 of Division 2 of Title 9 of Part
252 of the Code of Civil Procedure, in order to determine the
26defendant’s financial assets for purposes of collecting on the
28(i) A restitution order imposed pursuant to subdivision (f) shall
29be enforceable as if the order were a civil judgment.
30(j) The making of a restitution order pursuant to subdivision (f)
31shall not affect the right of a victim to recovery from the Restitution
32Fund as otherwise provided by law, except to the extent that
33restitution is actually collected pursuant to the order. Restitution
34collected pursuant to this subdivision shall be credited to any other
35judgments for the same losses obtained against the defendant
36arising out of the crime for which the defendant was convicted.
37(k) For purposes of this section, “victim” shall include all of
39(1) The immediate surviving family of the actual victim.
P23 1(2) A corporation, business trust, estate, trust, partnership,
2association, joint venture, government, governmental subdivision,
3agency, or instrumentality, or any other legal or commercial entity
4when that entity is a direct victim of a crime.
5(3) A person who has sustained economic loss as the
6a crime and who satisfies any of the following conditions:
7(A) At the time of the crime was the parent, grandparent, sibling,
8spouse, child, or grandchild of the victim.
9(B) At the time of the crime was living in the household of the
11(C) At the time of the crime was a person who had previously
12lived in the household of the victim for a period of not less than
13two years in a relationship substantially similar to a relationship
14listed in subparagraph (A).
15(D) Is another family member of the victim, including, but not
16limited to, the victim’s fiancé or fiancée, and who witnessed the
18(E) Is the primary caretaker of a minor victim.
19(4) A person who is eligible to receive assistance from the
20Restitution Fund pursuant to Chapter 5 (commencing with Section
2113950) of Part 4 of Division 3 of Title 2 of the Government Code.
22(5) A governmental entity that is responsible for repairing,
23replacing, or restoring public or privately owned property that has
24been defaced with graffiti or other inscribed material, as defined
25in subdivision (e) of Section 594, and that has sustained an
26economic loss as the result of a violation of Section 594, 594.3,
27594.4, 640.5, 640.6, or 640.7.
28(l) At its discretion, the board of supervisors of a county may
29impose a fee to cover the actual administrative cost of collecting
30the restitution fine, not to exceed 10 percent of the amount ordered
31to be paid, to be added to the restitution fine and included in the
32order of the court, the proceeds of which shall be deposited in the
33general fund of the county.
34(m) In every case in which the defendant is granted probation,
35the court shall make the payment of restitution fines and orders
36imposed pursuant to this section a condition of probation. Any
37portion of a restitution order that remains unsatisfied after a
38defendant is no longer on probation shall continue to be enforceable
39by a victim pursuant to Section 1214 until the obligation is
P24 1(n) If the court finds and states on the record compelling and
2extraordinary reasons why a restitution fine or full restitution order
3should not be required, the court shall order, as a condition of
4probation, that the defendant perform specified community service,
5unless it finds and states on the record compelling and
6extraordinary reasons not to require community service in addition
7to the finding that restitution should not be required. Upon
8revocation of probation, the court shall impose restitution pursuant
9to this section.
10(o) The provisions of Section 13963 of the Government Code
11shall apply to restitution imposed pursuant to this section.
12(p) The court clerk shall notify the California Victim
13Compensation and Government Claims Board within 90 days of
14an order of restitution being imposed if the defendant is ordered
15to pay restitution to the board due to the victim receiving
16compensation from the Restitution Fund. Notification shall be
17accomplished by mailing a copy of the court order to the board,
18which may be done periodically by bulk mail or email.
19(q) Upon conviction for a violation of Section 236.1, the court
20shall, in addition to any other penalty or restitution, order the
21defendant to pay restitution to the victim in a case in which a victim
22has suffered economic loss as a result of the defendant’s conduct.
23The court shall require that the defendant make restitution to the
24victim or victims in an amount established by court order, based
25on the amount of loss claimed by the victim or victims or another
26showing to the court. In determining restitution pursuant to this
27section, the court shall base its order upon the greater of the
28following: the gross value of the victim’s labor or services based
29upon the comparable value of similar services in the labor market
30in which the offense occurred, or the value of the victim’s labor
31as guaranteed under California law, or the actual income derived
32by the defendant from the victim’s labor or services or any other
33appropriate means to provide reparations to the victim.
34(r) (1) In addition to any other penalty or fine, the court shall
35order a person who has been convicted of a violation of Section
36350, 653h, 653s, 653u, 653w, or 653aa that involves a recording
37or audiovisual work to make restitution to an owner or lawful
38producer, or trade association acting on behalf of the owner or
39lawful producer, of a phonograph record, disc, wire, tape, film, or
40other device or article from which sounds or visual images are
P25 1derived that suffered economic loss resulting from the violation.
2The order of restitution shall be based on the aggregate wholesale
3value of lawfully manufactured and authorized devices or articles
4from which sounds or visual images are devised corresponding to
5the number of nonconforming devices or articles involved in the
6offense, unless a higher value can be proved in the case of (A) an
7unreleased audio work, or (B) an audiovisual work that, at the time
8of unauthorized distribution, has not been made available in copies
9for sale to the general public in the United States on a digital
10versatile disc. For purposes of this subdivision, possession of
11nonconforming devices or articles intended for sale constitutes
12actual economic loss to an owner or lawful producer in the form
13of displaced legitimate wholesale purchases. The order of
14restitution shall also include reasonable costs incurred as a result
15of an investigation of the violation undertaken by the owner, lawful
16producer, or trade association acting on behalf of the owner or
17lawful producer. “Aggregate wholesale value” means the average
18wholesale value of lawfully manufactured and authorized sound
19or audiovisual recordings. Proof of the specific wholesale value
20of each nonconforming device or article is not required.
21(2) As used in this subdivision, “audiovisual work” and
22“recording” shall have the same meaning as in Section 653w.