BILL ANALYSIS Ó
SB 519
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Date of Hearing: July 14, 2015
Counsel: Sandy Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
SB
519 (Hancock) - As Amended June 2, 2015
As Proposed to be Amended in Committee
SUMMARY: Makes reforms to rules governing the processing of
claims by the California Victim Compensation and Government
Claims Board (board). Specifically, this bill:
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1)Prohibits 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.
2)Requires all correspondence by the board to an applicant to be
written in specified languages.
3)Prohibits the denial of a claim for a victim who is a minor
based on the grounds of failing to cooperate with law
enforcement.
4)Provides that a felon on probation or parole is eligible for
compensation for mental health counseling despite this status.
5)Prohibits the board from establishing policy or regulations
limiting the amount recoverable for funeral expenses to less
than $7500.
6)Requires the board to approve or deny an application within 90
days of acceptance.
7)Allows an applicant to be accompanied by a service animal at a
hearing to contest the denial of a claim.
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8)Permits a crime victim to testify at a restitution hearing or
a modification hearing by live, two-way audio and video
transmission, if it is available at the court.
EXISTING LAW:
1)Establishes the board to operate the California Victim
Compensation Program (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 provided by specified sections of the
Government Code, 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.
iii) A person who is entitled to reimbursement for
funeral, burial or crime scene clean-up expenses pursuant
to specified sections of the Government Code.
b) Either of the following conditions is met:
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i) The crime occurred within California, whether or not
the victim is a resident of California. This only
applies when the VCGCB determines that there are federal
funds available to the state for the compensation of
crime victims.
ii) Whether or not the crime occurred within the State
of California, the victim was any of the following:
(1) A California resident.
(2) A member of the military stationed in
California.
(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 the
resident of another state who is any of the following:
i) At the time of the crimes was the parent,
grandparent, sibling, spouse, child or grandchild of the
victim.
ii) At the time of the crime was living in the household
of the victim.
iii) At the time of the crime was a person who had
previously lived in the house of the victim for a person
of not less than two years in a relationship
substantially similar to a previously listed
relationship.
iv) Another family member of the victim including, but
not limited to, the victim's fiancé or fiancée, and who
witnessed the crime.
v) Is the primary caretaker of a minor victim, but was
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not the primary caretaker at the time of the crime.
d) And other specified requirements. (Gov. Code, § 13955.)
4)States that an application shall be denied if the board finds
that the victim failed to reasonably cooperate with law
enforcement in prosecution of the crime. (Gov. Code, § 13956,
subd. (b)(1).)
5)Disqualifies certain individuals from eligibility, including a
participant in the crime for which compensation is being
sought, and persons convicted of a felony who are currently on
probation or parole. (Gov. Code, § 13956.)
6)Authorizes the board to reimburse for pecuniary loss for the
following types of losses (Gov. Code, § 13957, subd. (a)):
a) The amount of medical or medical-related expenses
incurred by the victim, subject to specified limitations.
b) The amount of out-patient psychiatric, psychological or
other mental health counseling-related expenses incurred by
the victim, as specified, including peer counseling
services provided by a rape crisis center.
c) The expenses of non-medical remedial care and treatment
rendered in accordance with a religious method of healing
recognized by state law.
d) 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, subject to specified limitations.
e) Cash payment to, or on behalf of, the victim for job
retraining or similar employment-oriented services.
f) The expense of installing or increasing residential
security, not to exceed $1,000, with respect to a crime
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that occurred in the victim's residence, upon verification
by law enforcement to be necessary for the personal safety
of the victim or by a mental health treatment provider to
be necessary for the emotional well-being of the victim.
g) The expense of renovating or retrofitting a victim's
residence or a vehicle to make them accessible or
operational, if it is medically necessary.
h) Expenses incurred in relocating, as specified, if the
expenses are determined by law enforcement to be necessary
for the personal safety or by a mental health treatment
provider to be necessary for the emotional well-being of
the victim.
7)Limits the total award to or on behalf of each victim to
$35,000, except that this amount may be increased to $70,000
if federal funds for that increase are available. (Gov. Code,
§ 13957, subd. (b).)
8)Requires the board to approve or deny applications, based on
recommendations by the board staff, within an average of 90
calendar days and no later than 180 calendar days of
acceptance by the board. (Gov. Code, § 13958, subd. (a).)
9)Requires the board, if it fails to meet the 90-day average, to
report to the Legislature on a quarterly basis its progress
and current average processing time. (Gov. Code, § 13958,
subd. (b).)
FISCAL EFFECT: Unknown
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COMMENTS:
1)Author's Statement: According to the author, "It should not
be surprising that crime incurs all kinds of costs on its
victims. In 2004, a National Institute of Justice report
estimated that the nationwide costs of crime are $105 billion
per year. When factoring in pain-and-suffering and reduced
quality of life, that figure jumps to $450 billion. Making
sure that victims are compensated by their victimizers is not
only good economic policy, but morally sound.
"Providing justice and compensation to Californians who are the
victims of crime are among the paramount missions of our
government. The intent of SB 519 is to improve the way that
the Victim Compensation and Government Claims Board provides
compensation for crime victims."
2)Background: The CalVCP provides compensation for victims of
violent crime. It reimburses eligible victims for many
crime-related expenses, such as medical treatment, mental
health services, funeral expenses, home security, and
relocation services. Funding for the board comes from
restitution fines and penalty assessments paid by criminal
offenders, as well as federal matching funds. (See CVGCB
Website < http://www.vcgcb.ca.gov/board >.)
3)Legislative Analyst's Office (LAO) Report: The LAO's March
2015 report, Improving State Programs for Crime Victims, made
several recommendations. The LAO agreed with the Governor's
proposal to restructure the VCGCB to focus solely on
administering victim programs, and shifting victim programs
administered by other departments to the VCGCB. The LAO also
found that the board needs to develop a comprehensive
strategy, which among other things should assess the
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appropriate number, scope, and priority of the state's
existing programs, as well as conducting periodic program
evaluations to see which victim programs are most effective
and should be expanded in the future. (Improving State
Programs for Crime Victims, supra, pp. 18-20, <
http://www.lao.ca.gov/reports/2015/budget/crime-victims/crime-v
ictims-031815.pdf >.)
4)Bureau of State Audit Recommendations: In 2008, the Bureau of
State Audits conducted a review of the CalVCP. (Victim
Compensation and Government Claims Board: It Has Begun
Improving the Victim Compensation Program, but More Remains to
Be Done, (Dec. 2008),
< http://www.bsa.ca.gov/pdfs/reports/2008-113.pdf >.) One of
the areas the bureau considered was how long it took the board
to process applications. The bureau concluded that, at times,
applications were not processed in a timely manner:
State law related to eligibility determinations for
the program requires the board to approve or deny
applications, based on the recommendation of board
staff, within an average of 90 calendar days, and no
later than 180 calendar days after the acceptance date
for an individual application. For the 49
applications we reviewed, the board's average
processing time was 76 days, which is well within the
statutory average. However, the board did not make a
determination within 180 days in two instances. We
also noted various instances in which the board did
not demonstrate that it approved or denied the
applications as promptly as it could have after
receiving the information necessary to make the
determination. (Id. at pp. 30-31.)
For the 49 applications we reviewed from fiscal years
2003-04 through 2007-08, we found that the board's
average processing time was 76 days, which is well
within the 90day average required under state law.
However, we noted that in 16 of the 49 applications we
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reviewed, the board took more than 90 days from
acceptance to notify the applicant of its recommended
decision to approve or deny the application. Although
taking more than 90 days to approve or deny an
individual application is not a violation of state
law, any unnecessary delays in processing contribute
to crime victims waiting longer than necessary to be
reimbursed for outofpocket expenses. Delays may also
cause providers to become frustrated and stop
participating in the program, reducing services
available to crime victims and their families. (Id.
at p. 31.)
Because the delay in disbursing payments has persisted,
this bill requires the board to approve or deny an
application within 90 days, not within an average of 90
days.
5)Argument in Support: According to Californians for Safety and
Justice, "Through our outreach, time and again we have
encountered victims and survivors of crime in need of support
opportunities to heal from trauma. The overwhelming impact of
serious crime is often exacerbated by the justice system
process and crime victims often face challenges finding the
right supports for recovery. We often hear survivors talk
about how support services to heal from trauma are an ongoing
unmet need. Our 2013 survey of crime victims in California,
the first of its kind, found that four of the five services
available to crime victims, including assistance accessing
victims' compensation and navigating the criminal justice
process, were unknown to the majority of victims. SB 519 will
begin to address these barriers and help more crime victims
get the support they need."
6)Related Legislation:
a) AB 1140 (Bonta) revises various rules governing the
CalVCP. AB 1140 is pending hearing in the Senate Public
Safety Committee.
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b) SB 556 (De León) defines "application processing time"
for the approval or denial of a victim's compensation
claim. SB 556 is pending hearing in the Assembly
Appropriations Committee.
7)Prior Legislation:
a) AB 1911 (Patterson), of the 2013-2014 Legislative
session, would have shortened the time period in which the
board must approve or deny an application to within 30
calendar days of the date of acceptance, and also would
have shortened the time period in which the board must make
disbursements of funds for emergency awards. AB 1911 was
never heard by this committee.
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.
c) AB 2869 (Leno), Chapter 582, Statutes of 2006, specified
that the provisions authorizing reimbursement for funeral
and burial expenses apply without respect to any felon
status of the victim.
REGISTERED SUPPORT / OPPOSITION:
Support
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San Francisco District Attorney (Sponsor)
California Catholic Conference of Bishops
California Department of Justice
Californians for Safety and Justice
City and County of San Francisco
Crime Victims United of California
Institute on Aging
Legal Services for Prisoners with Children
Santa Clara County District Attorney
Opposition
None
Analysis Prepared by:Sandy Uribe / PUB. S. / (916)
319-3744