BILL NUMBER: AB 606 CHAPTERED
BILL TEXT
CHAPTER 584
FILED WITH SECRETARY OF STATE OCTOBER 4, 1999
APPROVED BY GOVERNOR OCTOBER 2, 1999
PASSED THE ASSEMBLY SEPTEMBER 10, 1999
PASSED THE SENATE SEPTEMBER 7, 1999
AMENDED IN SENATE SEPTEMBER 3, 1999
AMENDED IN SENATE AUGUST 16, 1999
AMENDED IN SENATE JULY 6, 1999
AMENDED IN ASSEMBLY MAY 28, 1999
AMENDED IN ASSEMBLY APRIL 28, 1999
AMENDED IN ASSEMBLY APRIL 14, 1999
INTRODUCED BY Assembly Member Jackson
FEBRUARY 19, 1999
An act to amend Sections 13961.1 and 13965 of, and to add and
repeal Section 13968.5 of, the Government Code, and to amend Section
1202.4 of the Penal Code, relating to victims of crime, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 606, Jackson. Victims of crimes: payments.
(1) Existing law provides for the indemnification of victims of
specified types of crimes for specified types of expenses. Among
these expenses are outpatient psychiatric, psychological, or other
mental health counseling related expenses which became necessary as a
direct result of the crime. These counseling services may only be
reimbursed if provided by specified individuals. Indemnification is
made under these provisions from the Restitution Fund, which is
continuously appropriated to the State Board of Control for these
purposes.
This bill would, until January 1, 2004, require the board to
conduct a pilot program to provide reimbursement for grief, mourning,
and bereavement services provided by a person certified as a child
life specialist, and to report to the Legislature by January 31,
2003, on this pilot program.
This bill would additionally authorize a cash payment or
reimbursement to an adult victim of domestic violence for specified
expenses incurred in relocating, not to exceed $2,000. In the case
of a victim of a crime that occurred in the victim's residence, it
would authorize a cash payment not to exceed $1,000 for the expense
of installing or increasing residential security, and in the case of
a victim who is permanently disabled as a direct result of the crime,
a cash payment not to exceed $5,000 for the expense of renovating or
retrofitting his or her residence or vehicle, subject to specified
conditions. The bill would authorize the board to delegate to local
victim witness centers the authority to grant and disburse specified
emergency awards.
By providing for new uses for a continuously appropriated fund,
this bill would make an appropriation.
(2) Existing law requires a court to require a criminal defendant
to pay restitution, which is to be made to the Restitution Fund to
the extent that the victim of the crime has received assistance from
the State Board of Control.
This bill would require a court to order a criminal defendant to
pay restitution to be deposited in the Restitution Fund for mental
health counseling expenses and other types of expenses for which the
bill would provide payments to the victim of a crime. It would
additionally incorporate changes to these provisions made by Chapter
121 of the Statutes of 1999.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13961.1 of the Government Code is amended to
read:
13961.1. (a) An emergency award shall be available for a victim
or derivative victim if any of the following occur as a result of the
crime:
(1) The victim incurs loss of income or the derivative victim
incurs loss of support.
(2) The victim requires emergency medical treatment.
(3) The victim dies as a result of the crime and any individual,
without anticipation of personal gain, incurs the funeral and burial
expense.
(4) The victim is an adult victim of domestic violence in need of
those relocation expenses authorized by paragraph (4) of subdivision
(a) of Section 13965.
(b) Emergency award application forms shall be provided by the
board upon request of the applicant. The board shall make available
the application forms through all means at its disposal.
(c) The board may grant an emergency award based solely on the
application of the victim or derivative victim. Disbursements of
funds for emergency awards shall be made within 30 business days of
application. The board may refuse to grant an emergency award where
it has reason to believe that the applicant will not qualify for an
award for assistance under this article. The board may delegate
authority to designated staff persons and local victim witness
centers, who will use guidelines established by the board, to grant
and disburse emergency awards. By mutual agreement between the staff
of the board and the applicant or the applicant's representative,
the staff of the board or the applicant's representative may take
additional 10-day periods to verify the emergency award claim and
make payment.
(d) An applicant for an emergency award is not entitled to a
hearing before the board to contest a denial of an emergency award.
However, the applicant may submit an application for a regular award
and is entitled to a hearing pursuant to Section 13963 if that
application is recommended for denial.
(e) The application for an emergency award shall notify the
applicant that he or she must complete the regular application within
one year of the date of the crime or certify that he or she does not
anticipate claiming reimbursements in addition to those claimed in
the application for an emergency award.
(f) If the applicant certifies that no expenses will be claimed
beyond those claimed in the emergency award, the board shall
subsequently verify the emergency award application upon receipt of
the crime report or any other information the board may require. The
other information shall include statements signed by the applicant
authorizing the release of information to the board necessary for the
verification of the claimed losses, and authorizing a lien in favor
of the board against any recovery by the applicant by judgment,
settlement, or otherwise as a result of any injury to the victim.
(g) If upon final disposition of the regular application or
verification of the emergency award, it is found that the applicant
is not eligible for assistance from the board, the applicant shall
reimburse the board for the emergency award pursuant to an agreed
upon repayment schedule. If upon a final disposition of the
application, the board grants assistance to the applicant, the amount
of the emergency award shall be deducted from the final award of
compensation granted; and, if the amount of the grant is less than
the amount of the emergency award, the excess amount shall be repaid
according to an agreed upon repayment schedule. Final disposition
for the purposes of this section shall mean the final decision of the
board with respect to the victim's or derivative victim's
application for assistance, before any appellate action is
instituted. If an application for an emergency award is denied, the
board shall notify the applicant in writing of the reasons for the
denial.
(h) The amount of the emergency award shall be dependent upon the
immediate needs of the victim or derivative victim, as evidenced by
the victim's loss of income or the derivative victim's loss of
support, the funeral and burial expenses incurred on behalf of the
victim, and other losses incurred as a direct result of the crime
before filing or reasonably anticipated during the first 90 days
after the initial filing of an application. Except for applications
filed pursuant to paragraph (3) of subdivision (a), in no event shall
the amount of the emergency award exceed two thousand dollars
($2,000). Where an application has been filed pursuant to paragraph
(3) of subdivision (a), the amount of the emergency award shall not
exceed five thousand dollars ($5,000).
(i) The emergency award application shall require only the
following:
(1) The name, address, and telephone number of the victim or
derivative victim on whose behalf the application is made.
(2) A brief description of the nature and circumstances of the
crime, including the date and location.
(3) The date the crime was reported to a law enforcement agency
and the name and address of the agency.
(4) The name, address, and telephone number of the employer or
self-employing entity, the loss of income or support to date and
estimate of future loss.
(5) The nature of the injury and the name, address, and telephone
number of medical providers and the cost of medical care incurred to
date.
(6) The name, address, and telephone number of the funeral and
burial providers and the cost of funeral and burial expenses incurred
to date.
(7) A statement that in the event the applicant is later found
ineligible for assistance under this article or the final award is
less than the emergency award, the applicant will be required to
repay the excess amount.
(8) The applicant's signature and a statement that the information
is supplied under penalty of perjury, violation of which is
punishable by six months in the county jail.
(j) Where an application has been filed pursuant to paragraph (3)
of subdivision (a), the application for the emergency award shall
additionally contain the following:
(1) A statement that in the event the applicant receives
reimbursement from another source, including, but not limited to,
court-ordered restitution or life insurance, either in whole or in
part for the funeral and burial expenses incurred on behalf of the
victim, that the applicant will be required to repay the board.
(2) A complete copy of the report regarding the incident and any
supplemental reports involving the crime, public offense, or incident
giving rise to the claim, as prepared by a law enforcement agency
pursuant to subdivision (d) of Section 13968. This report may, at
the discretion of the law enforcement agency and as provided in
subdivision (e) of Section 13968, exclude the names of witnesses or
informants, if the release of this information would be detrimental
to the parties or to an investigation currently in progress.
SEC. 1.5. Section 13965 of the Government Code, as amended by
Section 3.5 of Chapter 895 of the Statutes of 1998, is amended to
read:
13965. (a) If the application for assistance is approved, the
board shall determine what type of state assistance will best aid the
victim or derivative victim. The board may take any or all of the
following actions:
(1) Reimburse the following persons for the expense of their
out-patient mental health counseling when that mental health
counseling is necessary as a direct result of the crime:
(A) A victim in an amount not to exceed ten thousand dollars
($10,000).
(B) A derivative victim who is the surviving parent, sibling,
child, spouse, or fiance of a victim of a crime which directly
resulted in the death of the victim in an amount not to exceed ten
thousand dollars ($10,000).
(C) A derivative victim, as defined in subparagraph (A), (B), (C),
or (D) of paragraph (2) of subdivision (a) of Section 13960, who is
the primary caretaker of a minor victim of sexual or physical abuse
whose claim is not denied or reduced pursuant to subdivision (b) or
(d) of Section 13964 in a total amount not to exceed ten thousand
dollars ($10,000) for not more than two derivative victims described
in this subparagraph.
(D) A derivative victim not eligible for reimbursement pursuant to
subparagraph (B) or (C) in an amount not to exceed three thousand
dollars ($3,000), provided that mental health counseling of a
derivative victim under subparagraph (E) of paragraph (2) of
subdivision (a) of Section 13960 shall be reimbursed only if that
counseling is necessary for the treatment of the victim.
(E) A victim of a crime committed in violation of subdivision (d)
of Section 261.5 of the Penal Code in an amount not to exceed three
thousand dollars ($3,000) for mental health counseling expenses only.
A derivative victim of a crime committed in violation of
subdivision (d) of Section 261.5 of the Penal Code shall not be
eligible for reimbursement of mental health counseling expenses.
The board may authorize a direct cash payment to a provider of
psychological or psychiatric treatment or mental health counseling
services, including peer counseling services provided by a rape
crisis center as defined by Section 13837 of the Penal Code or to
either the victim or the derivative victim, equal to the pecuniary
loss attributable to medical or medical-related expenses, including
counseling, directly resulting from the injury. Reimbursement on the
initial claim for any psychological, psychiatric, or mental health
counseling services, including peer counseling services provided by a
rape crisis center, shall, if the application has been approved, be
paid by the board within 90 days of the date of receipt of the claim
for payment, with subsequent payments to be made to the provider
within one month of the receipt of a claim for payment. However, the
board may not authorize without good cause a direct cash payment to
a licensed health care provider or rape crisis center over the
objection of the applicant.
When a public agency, including a court or district attorney or a
police, county child protective services, or other state or local
governmental agency, refers a victim of crime to a private nonprofit
agency for treatment for that victim, the private nonprofit agency
shall be reimbursed for those services at the level of the normal and
customary fee charged by the private nonprofit agency to clients
with adequate means of payment for its services, except that this
reimbursement shall not exceed the maximum reimbursement rates set by
the board and may be made only to the extent that the victim
otherwise qualifies for services under the victims of crime program
and that other reimbursement or direct subsidies are not available to
serve the victim.
Payments authorized pursuant to this paragraph for peer counseling
services provided by a rape crisis center shall not exceed fifteen
dollars ($15) for each hour of services provided. Those services
shall be limited to individual, in-person counseling on a
face-to-face basis for a period not to exceed 10 weeks plus one
series of facilitated support group counseling sessions.
(2) Authorize a cash payment to the victim equal to the pecuniary
loss resulting from loss of wages directly resulting from the injury.
Loss of wages shall not be paid by the board for more than three
years following the crime. If the board determines, after review of
an application for assistance, including the evaluation of a
qualified provider, that pecuniary loss for which payment may be made
under this paragraph is expected to continue more than six months
after the date of approval of the victim's application for
assistance, disbursement shall commence and continue on a monthly
basis for the period of time pecuniary loss is expected to continue.
(3) Authorize a cash payment to a derivative victim described in
subparagraphs (A) and (B) of paragraph (2) of subdivision (a) of
Section 13960 who was legally dependent on the victim at the time of
the crime for the loss of support incurred by that person as a direct
result of the crime.
(A) Loss of support shall not be paid by the board for income lost
by an adult for a period of more than three years following the date
of the crime.
(B) Loss of support shall not be paid by the board on behalf of a
minor for a period beyond the child's attaining the age of 18 years.
(C) The total amount payable to all derivative victims for loss of
support pursuant to this paragraph as the result of one crime shall
not exceed forty-six thousand dollars ($46,000).
(4) (A) Authorize a cash payment or reimbursement not to exceed
two thousand dollars ($2,000) to an adult victim of domestic violence
for expenses incurred in relocating, if the expenses are determined
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. These expenses may include,
but need not be limited to, all of the following:
(i) Deposits for utilities and telephone service.
(ii) Deposits for rental housing, not to exceed the first and last
month's rent or two thousand dollars ($2,000), whichever is less.
(iii) Temporary lodging and food expenses, not to exceed one
thousand dollars ($1,000).
(iv) Clothing and other personal items, not to exceed five hundred
dollars ($500).
(B) The board shall develop procedures to ensure that the victim
is using the cash payment only for the purposes of this paragraph.
The procedures may include, but need not be limited to, requiring
copies of receipts, lease agreements, or other documents as
requested, or developing a method for direct payment to the landlord
or vendor.
(C) When a relocation payment or reimbursement is provided to a
victim of domestic violence, the victim shall agree to not inform the
offender of the location of the victim's new residence and to not
allow the offender on the premises at any time, or shall agree to
seek a restraining order against the offender.
(D) The board may authorize a cash payment or reimbursement
pursuant to this paragraph to victims of crimes other than domestic
violence if the expenses are determined 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.
(E) The cash payment or reimbursement made under this paragraph
shall only be awarded once to any victim, except that the board may,
under compelling circumstances, award a second cash payment or
reimbursement to the same victim if both of the following conditions
are met:
(i) The crime or series of crimes occurs more than three years
from the date of the crime giving rise to the initial relocation cash
payment or reimbursement.
(ii) The crime does not involve the same perpetrator.
(5) Authorize cash payments to or on behalf of the victim for job
retraining or similar employment-oriented rehabilitative services.
(6) (A) In the case of a victim of a crime that occurred in the
victim's residence, authorize reimbursement for the expense for
installing or increasing residential security, not to exceed one
thousand dollars ($1,000). Installing or increasing residential
security may include, but need not be limited to, both of the
following:
(i) Home security device or system.
(ii) Replacing or increasing the number of locks.
(B) Reimbursement under this paragraph shall be made 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.
(C) The board shall develop procedures to ensure that the victim
is using the reimbursement only for the purposes of this paragraph.
The procedures may include, but need not be limited to, requiring
copies of receipts, invoices, estimates, or other documents, or
developing a method for direct payment to the vendor.
(7) (A) In the case of a victim who is permanently disabled as a
direct result of the crime, whether the disability is partial or
total, authorize a reimbursement for the expense of renovating or
retrofitting his or her residence or vehicle, or both, to make the
residence accessible or the vehicle operational by the victim.
Reimbursement shall be made upon verification that the expense is
medically necessary. Payment for these purposes shall not exceed
five thousand dollars ($5,000), except that the board may award a
greater amount when justified by the disability of the victim.
(B) The board shall develop procedures to ensure that
reimbursement is made only for the purposes of this paragraph. The
procedures may include, but need not be limited to, requiring copies
of receipts, invoices, estimates, or other documents, or developing a
method for direct payment to the vendor.
(8) Obtain an independent examination and report from any provider
of psychological or psychiatric treatment or mental health
counseling services, if it believes there is a reasonable basis for
requesting an additional evaluation. In cases where the crime
involves sexual assault, the provider shall have expertise in the
needs of sexual assault victims. In cases where the crime involves
child abuse or molestation, the provider shall have expertise in the
needs of victims of child abuse or molestation, as appropriate. When
a reevaluation is obtained, payments shall not be discontinued prior
to completion of the reevaluation.
(9) When a victim dies as a direct result of a crime, the board
may reimburse any individual who voluntarily, and without
anticipation of personal gain, pays or assumes the obligation to pay,
the medical or burial expenses incurred as a direct result of the
crime for the medical or burial expenses incurred in an amount not to
exceed the rates or limitations established by the board.
(10) The total award to or on behalf of the victim or a derivative
victim shall not exceed twenty-three thousand dollars ($23,000), and
may be increased only in accordance with this section.
(11) In the event that the victim requests that the board give
priority to reimbursement of loss of wages, the board shall not pay
medical expenses or mental health counseling expenses except upon the
request of the victim or after determining that payment of these
expenses will not decrease the funds available to the victim for
payment of loss of wages.
(12) The board may authorize a direct cash payment to a provider
of services that are reimbursable pursuant to this article. However,
the board may not, without good cause, authorize a direct cash
payment to a provider over the objection of the victim or applicant.
(b) Assistance granted pursuant to this article shall not
disqualify an otherwise eligible victim or derivative victim from
participation in any other public assistance program.
(c) Cash payments made pursuant to this article may be on a
one-time or periodic basis. If periodic, the board may increase,
reduce, or terminate the amount of assistance according to the victim'
s or derivative victim's need, subject to the maximum limits provided
in this section.
(d) The board shall pay attorney's fees representing the
reasonable value of legal services rendered to the applicant, in an
amount equal to 10 percent of the amount of the award, or five
hundred dollars ($500), whichever is less for each victim and each
derivative victim. An attorney receiving fees from another source
may waive the right to receive fees under this section. Payments
under this section shall be in addition to any amount authorized or
ordered under subdivision (d) of Section 13969.1.
(e) No attorney shall charge, demand, receive, or collect any
amount for services rendered in connection with any proceedings under
this article except as awarded under this article.
(f) The maximum cash payments authorized in paragraph (7) of
subdivision (a) shall be increased to forty-six thousand dollars
($46,000) if federal funds for those increases are available.
(g) Notwithstanding subdivisions (a) and (f), a victim injured
between January 1, 1985, and December 31, 1985, shall be entitled to
receive a maximum cash payment of forty-six thousand dollars
($46,000) if federal funds for these increases are available, but
only for costs in excess of limitations provided for in subdivision
(a) which are attributable to medical or medical-related expenses,
except for psychological or psychiatric treatment, or mental health
counseling services.
(h) Notwithstanding any conflicting provision of this chapter, the
board may make additional payments for purposes described in
paragraph (1) of subdivision (a) to any victim who filed an
application with the board on or after December 1, 1982, who was a
victim of a crime involving sexual assault, and who is a minor at the
time the additional payments pursuant to this subdivision are made.
The payments authorized by this subdivision shall not exceed the
limits imposed by subdivisions (a) and (j).
(i) Reimbursement for any medical or medical-related services
shall, if the victim's application has been approved, be paid by the
board within an average of 90 days from receipt of the claim for
payment. Payments to a medical or mental health provider under this
subdivision or paragraph (1) of subdivision (a) shall not be
discontinued prior to completion of any reevaluation. Whether or not
a reevaluation is obtained, if the board determines that payments to
a provider shall be discontinued, the board shall notify the
provider of their discontinuance within 30 days of its determination.
(j) The board may establish maximum rates and service limitations
for reimbursement of medical and medical-related expenses, including
counseling expenses, for which restitution is requested pursuant to
this section. For mental health and counseling services, rates shall
not exceed the statewide average. The adoption, amendment, and
repeal of these maximum rates shall not be subject to the
Administrative Procedure Act under Chapter 3.5 (commencing with
Section 11340) of Part 1. An informational copy of the maximum rates
shall be filed with the Secretary of State upon adoption by the
board. A provider who accepts payment from the program for a service
shall accept the program's rates as payment in full and shall not
accept any payment on account of the service from any other source if
the total of payments accepted would exceed the maximum rate set by
the board for that service.
To assure service limitations which are uniform and appropriate to
the levels of treatment required by the victim or derivative victim,
the board may review all claims for these services as necessary to
ensure their medical necessity. The board may further require
additional documentation, information, or medical review of cases of
continuing treatment which are projected to exceed five thousand
dollars ($5,000) to determine the need to continue treatment in
excess of that amount. The board may accept or reject claims for the
amount in excess of five thousand dollars ($5,000) by applying the
same standards applicable to processing the initial claim or may
approve a continuing treatment regimen for a specific interval or
subject to periodic review as appropriate. All information requested
of the treating therapist shall be provided at no cost to the
applicant, the board, or to local victim centers, pursuant to
subdivision (b) of Section 13962. Requests for additional
information shall be made in a timely manner so as not to interfere
with necessary treatment.
(k) The authority provided by this section shall not be construed
to in any way diminish, enhance, or otherwise affect any authority
which the board may have under current law except as explicitly
provided in this section.
(l) The board, in its discretion, may make payments directly to
providers prior to verification.
(m) Notwithstanding paragraph (1) of subdivision (a), the board
may reimburse a victim or derivative victim for mental health
counseling in excess of that authorized by that paragraph if the
claim is based on dire or exceptional circumstances that require more
extensive treatment, as approved by the board.
(n) Notwithstanding paragraph (1) of subdivision (a), if, as of
December 31, 1993, a person has incurred mental health counseling
expenses pursuant to this article in excess of one-half of the amount
specified in that subdivision, the board may award, in addition to
amounts awarded for previously incurred expenses, an amount equal to
not more than one-half of the applicable maximum amount specified in
that paragraph or any additional amounts as the board determines is
necessary.
(o) The limitations on the amounts which the board may reimburse
for loss of support and loss of wages pursuant to paragraphs (2) and
(3) of subdivision (a) shall not apply to victims or derivative
victims whose claims for loss of wages and loss of support had been
approved prior to January 1, 1994.
(p) The total award to or on behalf of a victim of a crime
committed in violation of subdivision (d) of Section 261.5 of the
Penal Code shall not exceed three thousand dollars ($3,000) for
mental health counseling expenses only.
(q) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
SEC. 2. Section 13965 of the Government Code, as added by Section
3.7 of Chapter 895 of the Statutes of 1998, is amended to read:
13965. (a) If the application for assistance is approved, the
board shall determine what type of state assistance will best aid the
victim or derivative victim. The board may take any or all of the
following actions:
(1) Reimburse the following persons for the expense of their
out-patient mental health counseling when that mental health
counseling is necessary as a direct result of the crime:
(A) A victim in an amount not to exceed ten thousand dollars
($10,000).
(B) A derivative victim who is the surviving parent, sibling,
child, spouse, or fiance of a victim of a crime which directly
resulted in the death of the victim in an amount not to exceed ten
thousand dollars ($10,000).
(C) A derivative victim who is the primary caretaker of a minor
victim of sexual or physical abuse whose claim is not denied or
reduced pursuant to subdivision (b) or (d) of Section 13964 in a
total amount not to exceed ten thousand dollars ($10,000) for not
more than two derivative victims described in this subparagraph.
(D) A derivative victim not eligible for
reimbursement pursuant to subparagraph (B) or (C) in an amount not
to exceed three thousand dollars ($3,000).
The board may authorize a direct cash payment to a provider of
psychological or psychiatric treatment or mental health counseling
services, including peer counseling services provided by a rape
crisis center as defined by Section 13837 of the Penal Code or to
either the victim or the derivative victim, equal to the pecuniary
loss attributable to medical or medical-related expenses, including
counseling, directly resulting from the injury. Reimbursement on the
initial claim for any psychological, psychiatric, or mental health
counseling services, including peer counseling services provided by a
rape crisis center, shall, if the application has been approved, be
paid by the board within 90 days of the date of receipt of the claim
for payment, with subsequent payments to be made to the provider
within one month of the receipt of a claim for payment. However, the
board may not authorize without good cause a direct cash payment to
a licensed health care provider or rape crisis center over the
objection of the applicant.
When a public agency, including a court or district attorney or a
police, county child protective services, or other state or local
governmental agency, refers a victim of crime to a private nonprofit
agency for treatment for that victim, the private nonprofit agency
shall be reimbursed for those services at the level of the normal and
customary fee charged by the private nonprofit agency to clients
with adequate means of payment for its services, except that this
reimbursement shall not exceed the maximum reimbursement rates set by
the board and may be made only to the extent that the victim
otherwise qualifies for services under the victims of crime program
and that other reimbursement or direct subsidies are not available to
serve the victim.
Payments authorized pursuant to this paragraph for peer counseling
services provided by a rape counseling center shall not exceed
fifteen dollars ($15) for each hour of services provided. Those
services shall be limited to individual, in-person counseling on a
face-to-face basis for a period not to exceed 10 weeks plus one
series of facilitated support group counseling sessions.
(2) Authorize a cash payment to the victim equal to the pecuniary
loss resulting from loss of wages directly resulting from the injury.
Loss of wages shall not be paid by the board for more than two
years following the crime. However, loss of wages may be extended
for one additional year if the victim is either enrolled in a program
of retraining or other rehabilitation approved by the board or has
established to the satisfaction of the board that because of his or
her disability arising from the crime he or she is unable to
participate in any retraining or rehabilitation. If the board
determines, after review of an application for assistance, including
the evaluation of a qualified provider, that pecuniary loss for which
payment may be made under this paragraph is expected to continue
more than six months after the date of approval of the victim's
application for assistance, disbursement shall commence and continue
on a monthly basis for the period of time pecuniary loss is expected
to continue.
(3) Authorize a cash payment to a derivative victim described in
subparagraphs (A) and (B) of paragraph (2) of subdivision (a) of
Section 13960 who was legally dependent on the victim at the time of
the crime for the loss of support incurred by that person as a direct
result of the crime.
(A) Loss of support shall not be paid by the board for income lost
by an adult for a period of more than two years and shall not extend
more than three years following the date of the crime.
(B) Loss of support shall not be paid by the board on behalf of a
minor for a period beyond the child's attaining the age of 18 years.
(C) The total amount payable to all derivative victims for loss of
support pursuant to this paragraph as the result of one crime shall
not exceed forty-six thousand dollars ($46,000).
(4) (A) Authorize a cash payment or reimbursement not to exceed
two thousand dollars ($2,000) to an adult victim of domestic violence
for expenses incurred in relocating, if the expenses are determined
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. These expenses may include,
but need not be limited to, all of the following:
(i) Deposits for utilities and telephone service.
(ii) Deposits for rental housing, not to exceed the first and last
month's rent or two thousand dollars ($2,000), whichever is less.
(iii) Temporary lodging and food expenses, not to exceed one
thousand dollars ($1,000).
(iv) Clothing and other personal items, not to exceed five hundred
dollars ($500).
(B) The board shall develop procedures to ensure that the victim
is using the cash payment only for the purposes of this paragraph.
The procedures may include, but need not be limited to, requiring
copies of receipts, lease agreements, or other documents as
requested, or developing a method of direct payment to the landlord
or vendor.
(C) When a relocation payment or reimbursement is provided to a
victim of domestic violence, the victim shall agree to not inform the
offender of the location of the victim's new residence and to not
allow the offender on the premises at any time, or shall agree to
seek a restraining order against the offender.
(D) The board may authorize a cash payment or reimbursement
pursuant to this paragraph to victims of crimes other than domestic
violence if the expenses are determined 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.
(E) The cash payment or reimbursement made under this paragraph
shall only be awarded once to any victim, except that the board may,
under compelling circumstances, award a second cash payment or
reimbursement to the same victim if both of the following conditions
are met:
(i) The crime or series of crimes occurs more than three years
from the date of the crime giving rise to the initial relocation cash
payment or reimbursement.
(ii) The crime does not involve the same perpetrator.
(5) Authorize cash payments to or on behalf of the victim for job
retraining or similar employment-oriented rehabilitative services.
(6) (A) In the case of a victim of a crime that occurred in the
victim's residence, authorize reimbursement for the expense for
installing or increasing residential security, not to exceed one
thousand dollars ($1,000). Installing or increasing residential
security may include, but need not be limited to, both of the
following:
(i) Home security device or system.
(ii) Replacing or increasing the number of locks.
(B) Reimbursement under this paragraph shall be made 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.
(C) The board shall develop procedures to ensure that the victim
is using the reimbursement only for the purposes of this paragraph.
The procedures may include, but need not be limited to, requiring
copies of receipts, invoices, estimates, or other documents, or
developing a method for direct payment to the vendor.
(7) (A) In the case of a victim who is permanently disabled as a
direct result of the crime, whether the disability is partial or
total, authorize reimbursement for the expense of renovating or
retrofitting his or her residence or vehicle, or both, to make the
residence accessible or the vehicle operational by the victim.
Reimbursement shall be made upon verification that the expense is
medically necessary. Payment for these purposes shall not exceed
five thousand dollars ($5,000), except that the board may award a
greater amount when justified by the disability of the victim.
(B) The board shall develop procedures to ensure that
reimbursement is made only for the purposes of this paragraph. The
procedures may include, but need not be limited to, requiring copies
of receipts, invoices, estimates, or other documents, or developing a
method for direct payment to the vendor.
(8) Obtain an independent examination and report from any provider
of psychological or psychiatric treatment or mental health
counseling services, if it believes there is a reasonable basis for
requesting an additional evaluation. In cases where the crime
involves sexual assault, the provider shall have expertise in the
needs of sexual assault victims. In cases where the crime involves
child abuse or molestation, the provider shall have expertise in the
needs of victims of child abuse or molestation, as appropriate. When
a reevaluation is obtained, payments shall not be discontinued prior
to completion of the reevaluation.
(9) When a victim dies as a direct result of a crime, the board
may reimburse any individual who voluntarily, and without
anticipation of personal gain, pays or assumes the obligation to pay,
the medical or burial expenses incurred as a direct result of the
crime for the medical or burial expenses incurred in an amount not to
exceed the rates or limitations established by the board.
(10) The total award to or on behalf of the victim or a derivative
victim shall not exceed twenty-three thousand dollars ($23,000), and
may be increased only in accordance with this section.
(11) In the event that the victim requests that the board give
priority to reimbursement of loss of wages, the board shall not pay
medical expenses or mental health counseling expenses except upon the
request of the victim or after determining that payment of these
expenses will not decrease the funds available to the victim for
payment of loss of wages.
(12) The board may authorize a direct cash payment to a provider
of services that are reimbursable pursuant to this article. However,
the board may not, without good cause, authorize a direct cash
payment to a provider over the objection of the victim or applicant.
(b) Assistance granted pursuant to this article shall not
disqualify an otherwise eligible victim or derivative victim from
participation in any other public assistance program.
(c) Cash payments made pursuant to this article may be on a
one-time or periodic basis. If periodic, the board may increase,
reduce, or terminate the amount of assistance according to the victim'
s or derivative victim's need, subject to the maximum limits provided
in this section.
(d) The board shall pay attorney's fees representing the
reasonable value of legal services rendered to the applicant, in an
amount equal to 10 percent of the amount of the award, or five
hundred dollars ($500), whichever is less for each victim and each
derivative victim. An attorney receiving fees from another source
may waive the right to receive fees under this section. Payments
under this section shall be in addition to any amount authorized or
ordered under subdivision (d) of Section 13969.1.
(e) No attorney shall charge, demand, receive, or collect any
amount for services rendered in connection with any proceedings under
this article except as awarded under this article.
(f) The maximum cash payments authorized in paragraph (7) of
subdivision (a) shall be increased to forty-six thousand dollars
($46,000) if federal funds for those increases are available.
(g) Notwithstanding subdivisions (a) and (f), a victim injured
between January 1, 1985, and December 31, 1985, shall be entitled to
receive a maximum cash payment of forty-six thousand dollars
($46,000) if federal funds for these increases are available, but
only for costs in excess of limitations provided for in subdivision
(a) which are attributable to medical or medical-related expenses,
except for psychological or psychiatric treatment, or mental health
counseling services.
(h) Notwithstanding any conflicting provision of this chapter, the
board may make additional payments for purposes described in
paragraph (1) of subdivision (a) to any victim who filed an
application with the board on or after December 1, 1982, who was a
victim of a crime involving sexual assault, and who is a minor at the
time the additional payments pursuant to this subdivision are made.
The payments authorized by this subdivision shall not exceed the
limits imposed by subdivisions (a) and (j).
(i) Reimbursement for any medical or medical-related services
shall, if the victim's application has been approved, be paid by the
board within an average of 90 days from receipt of the claim for
payment. Payments to a medical or mental health provider under this
subdivision or paragraph (1) of subdivision (a) shall not be
discontinued prior to completion of any reevaluation. Whether or not
a reevaluation is obtained, if the board determines that payments to
a provider shall be discontinued, the board shall notify the
provider of their discontinuance within 30 days of its determination.
(j) The board may establish maximum rates and service limitations
for reimbursement of medical and medical-related expenses, including
counseling expenses, for which restitution is requested pursuant to
this section. For mental health and counseling services, rates shall
not exceed the statewide average. The adoption, amendment, and
repeal of these maximum rates shall not be subject to the
Administrative Procedure Act under Chapter 3.5 (commencing with
Section 11340) of Part 1. An informational copy of the maximum rates
shall be filed with the Secretary of State upon adoption by the
board. A provider who accepts payment from the program for a service
shall accept the program's rates as payment in full and shall not
accept any payment on account of the service from any other source if
the total of payments accepted would exceed the maximum rate set by
the board for that service.
To assure service limitations which are uniform and appropriate to
the levels of treatment required by the victim or derivative victim,
the board may review all claims for these services as necessary to
ensure their medical necessity. The board may further require
additional documentation, information, or medical review of cases of
continuing treatment which are projected to exceed five thousand
dollars ($5,000) to determine the need to continue treatment in
excess of that amount. The board may accept or reject claims for the
amount in excess of five thousand dollars ($5,000) by applying the
same standards applicable to processing the initial claim or may
approve a continuing treatment regimen for a specific interval or
subject to periodic review as appropriate. All information requested
of the treating therapist shall be provided at no cost to the
applicant, the board, or to local victim centers, pursuant to
subdivision (b) of Section 13962. Requests for additional
information shall be made in a timely manner so as not to interfere
with necessary treatment.
(k) The authority provided by this section shall not be construed
to in any way diminish, enhance, or otherwise affect any authority
which the board may have under current law except as explicitly
provided in this section.
(l) The board, in its discretion, may make payments directly to
providers prior to verification.
(m) Notwithstanding paragraph (1) of subdivision (a), the board
may reimburse a victim or derivative victim for mental health
counseling in excess of that authorized by that paragraph if the
claim is based on dire or exceptional circumstances that require more
extensive treatment, as approved by the board.
(n) Notwithstanding paragraph (1) of subdivision (a), if, as of
December 31, 1993, a person has incurred mental health counseling
expenses pursuant to this article in excess of one-half of the amount
specified in that subdivision, the board may award, in addition to
amounts awarded for previously incurred expenses, an amount equal to
not more than one-half of the applicable maximum amount specified in
that paragraph or any additional amounts as the board determines is
necessary.
(o) The limitations on the amounts which the board may reimburse
for loss of support and loss of wages pursuant to paragraphs (2) and
(3) of subdivision (a) shall not apply to victims or derivative
victims whose claims for loss of wages and loss of support had been
approved prior to January 1, 1994.
(p) This section shall become operative on January 1, 2003.
SEC. 3. Section 13968.5 is added to the Government Code, to read:
13968.5. (a) The board shall conduct a pilot program that
entitles a victim or derivative victim to be reimbursed from the
Restitution Fund for grief, mourning, and bereavement services in
cases of death or severe trauma, except that the services shall not
include mental health services for which a state license is required.
These services shall be rendered by a person certified as a child
life specialist by the National Child Life Council, who has at least
five years of professional experience in the field of child life, as
defined by the council. These services shall be performed under the
supervision of a court, hospital, physician and surgeon, licensed
psychotherapist included in Section 1010 of the Evidence Code,
community-based organization, or county. The board may only include
in the program a certified child life specialist who has been
determined by a current employer in California or a California
licensing entity not to have a criminal history that would prevent
that employment or the issuance of a license. If neither
determination has occurred, the board shall secure from the
Department of Justice a criminal record to determine whether the
applicant would be disqualified pursuant to Section 7911.1 of the
Health and Safety Code, and for these purposes the board may make the
determinations required by that section. The board may charge a
certified child life specialist a fee for the actual cost of
fingerprinting and obtaining the criminal history information
required by this section. The program shall terminate on January 1,
2004. The board shall evaluate the program and, notwithstanding
Section 7550.5, shall report its conclusions and recommendations to
the Legislature by January 31, 2003. The board may consider whether
child life specialists should be licensed by a state agency in making
its recommendations to the Legislature.
(b) This section shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2004, deletes or extends
that date.
SEC. 4. Section 1202.4 of the Penal Code, as amended by Chapter
121 of the Statutes of 1999, is amended to read:
1202.4. (a) (1) It is the intent of the Legislature that a victim
of crime who incurs any economic loss as a result of the commission
of a crime shall receive restitution directly from any defendant
convicted of that crime.
(2) Upon a person being convicted of any crime in the State of
California, the court shall order the defendant to pay a fine in the
form of a penalty assessment in accordance with Section 1464.
(3) The court, in addition to any other penalty provided or
imposed under the law, shall order the defendant to pay both of the
following:
(A) A restitution fine in accordance with subdivision (b).
(B) Restitution to the victim or victims, if any, in accordance
with subdivision (f), which shall be enforceable as if the order were
a civil judgment.
(b) In every case where a person is convicted of a crime, the
court shall impose a separate and additional restitution fine, unless
it finds compelling and extraordinary reasons for not doing so, and
states those reasons on the record.
(1) The restitution fine shall be set at the discretion of the
court and commensurate with the seriousness of the offense, but shall
not be less than two hundred dollars ($200), and not more than ten
thousand dollars ($10,000), if the person is convicted of a felony,
and shall not be less than one hundred dollars ($100), and not more
than one thousand dollars ($1,000), if the person is convicted of a
misdemeanor.
(2) In setting a felony restitution fine, the court may determine
the amount of the fine as the product of two hundred dollars ($200)
multiplied by the number of years of imprisonment the defendant is
ordered to serve, multiplied by the number of felony counts of which
the defendant is convicted.
(c) The court shall impose the restitution fine unless it finds
compelling and extraordinary reasons for not doing so, and states
those reasons on the record. A defendant's inability to pay shall
not be considered a compelling and extraordinary reason not to impose
a restitution fine. Inability to pay may be considered only in
increasing the amount of the restitution fine in excess of the
two-hundred-dollar ($200) or one-hundred-dollar ($100) minimum.
(d) In setting the amount of the fine pursuant to subdivision (b)
in excess of the two-hundred-dollar ($200) or one-hundred-dollar
($100) minimum, the court shall consider any relevant factors
including, but not limited to, the defendant's inability to pay, the
seriousness and gravity of the offense and the circumstances of its
commission, any economic gain derived by the defendant as a result of
the crime, the extent to which any other person suffered any losses
as a result of the crime, and the number of victims involved in the
crime. Those losses may include pecuniary losses to the victim or
his or her dependents as well as intangible losses, such as
psychological harm caused by the crime. Consideration of a defendant'
s inability to pay may include his or her future earning capacity. A
defendant shall bear the burden of demonstrating his or her
inability to pay. Express findings by the court as to the factors
bearing on the amount of the fine shall not be required. A separate
hearing for the fine shall not be required.
(e) The restitution fine shall not be subject to penalty
assessments as provided in Section 1464, and shall be deposited in
the Restitution Fund in the State Treasury.
(f) In every case in which a victim has suffered economic loss as
a result of the defendant's conduct, the court shall require that the
defendant make restitution to the victim or victims in an amount
established by court order, based on the amount of loss claimed by
the victim or victims or any other showing to the court. If the
amount of loss cannot be ascertained at the time of sentencing, the
restitution order shall include a provision that the amount shall be
determined at the direction of the court. The court shall order full
restitution unless it finds compelling and extraordinary reasons for
not doing so, and states them on the record.
(1) The defendant has the right to a hearing before a judge to
dispute the determination of the amount of restitution. The court
may modify the amount, on its own motion or on the motion of the
district attorney, the victim or victims, or the defendant. If a
motion is made for modification of a restitution order, the victim
shall be notified of that motion at least 10 days prior to the
proceeding held to decide the motion.
(2) Determination of the amount of restitution ordered pursuant to
this subdivision shall not be affected by the indemnification or
subrogation rights of any third party. Restitution ordered pursuant
to this subdivision shall be ordered to be deposited to the
Restitution Fund to the extent that the victim, as defined in
subdivision (k), has received assistance from the Victims of Crime
Program pursuant to Article 1 (commencing with Section 13959) of
Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code.
(3) To the extent possible, the restitution order shall be
prepared by the sentencing court, shall identify each victim and each
loss to which it pertains, and shall be of a dollar amount that is
sufficient to fully reimburse the victim or victims for every
determined economic loss incurred as the result of the defendant's
criminal conduct, including, but not limited to, all of the
following:
(A) Full or partial payment for the value of stolen or damaged
property. The value of stolen or damaged property shall be the
replacement cost of like property, or the actual cost of repairing
the property when repair is possible.
(B) Medical expenses.
(C) Mental health counseling expenses.
(D) Wages or profits lost due to injury incurred by the victim,
and if the victim is a minor, wages or profits lost by the minor's
parent, parents, guardian, or guardians, while caring for the injured
minor.
(E) Wages or profits lost by the victim, and if the victim is a
minor, wages or profits lost by the minor's parent, parents,
guardian, or guardians, due to time spent as a witness or in
assisting the police or prosecution.
(F) Noneconomic losses, including, but not limited to,
psychological harm, for felony violations of Section 288.
(G) Interest, at the rate of 10 percent per annum, that accrues as
of the date of sentencing or loss, as determined by the court.
(H) Actual and reasonable attorney's fees and other costs of
collection accrued by a private entity on behalf of the victim.
(I) Expenses incurred by an adult victim in relocating away from
the defendant, including, but not limited to, deposits for utilities
and telephone service, deposits for rental housing, temporary lodging
and food expenses, clothing, and personal items. Expenses incurred
pursuant to this section shall be verified 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.
(J) Expenses to install or increase residential security incurred
related to a crime, as defined in subdivision (c) of Section 667.5,
including, but not limited to, a home security device or system, or
replacing or increasing the number of locks.
(K) Expenses to retrofit a residence or vehicle, or both, to make
the residence accessible to or the vehicle operational by the victim,
if the victim is permanently disabled, whether the disability is
partial or total, as a direct result of the crime.
(4) Except as provided in paragraph (5), in any case in which an
order may be entered pursuant to this subdivision, the defendant
shall prepare and file a disclosure identifying all assets, income,
and liabilities in which the
defendant held or controlled a present or future interest as
of the date of the defendant's arrest for the crime for which
restitution may be ordered. This disclosure shall be available to
the victim pursuant to Section 1214, and any use the court may make
of the disclosure shall be subject to the restrictions of subdivision
(g). The disclosure shall be signed by the defendant upon a form
approved or adopted by the Judicial Council for the purpose of
facilitating the disclosure. Any defendant who willfully states as
true any material matter that he or she knows to be false on the
disclosure required by this subdivision is guilty of a misdemeanor,
unless this conduct is punishable as perjury or another provision of
law provides for a greater penalty.
(5) A defendant who fails to file the financial disclosure
required in paragraph (4), but who has filed a financial affidavit or
financial information pursuant to subdivision (c) of Section 987,
shall be deemed to have waived the confidentiality of that affidavit
or financial information as to a victim in whose favor the order of
restitution is entered pursuant to subdivision (f). The affidavit or
information shall serve in lieu of the financial disclosure required
in paragraph (4), and paragraphs (6), (7), (8), and (9) shall not
apply.
(6) Except as provided in paragraph (5), the defendant shall file
the disclosure with the clerk of the court no later than the date set
for the defendant's sentencing, unless otherwise directed by the
court. The disclosure may be inspected or copied as provided by
subdivision (b), (c), or (d) of Section 1203.05.
(7) In its discretion, the court may relieve the defendant of the
duty under paragraph (6) of filing with the clerk by requiring that
the defendant's disclosure be submitted as an attachment to, and be
available to, those authorized to receive the following:
(A) Any report submitted pursuant to subparagraph (C) of paragraph
(2) of subdivision (b) of Section 1203 or subdivision (g) of Section
1203.
(B) Any stipulation submitted pursuant to paragraph (4) of
subdivision (b) of Section 1203.
(C) Any report by the probation officer, or any information
submitted by the defendant applying for a conditional sentence
pursuant to subdivision (d) of Section 1203.
(8) The court may consider a defendant's unreasonable failure to
make a complete disclosure pursuant to paragraph (4) as any of the
following:
(A) A circumstance in aggravation of the crime in imposing a term
under subdivision (b) of Section 1170.
(B) A factor indicating that the interests of justice would not be
served by admitting the defendant to probation under Section 1203.
(C) A factor indicating that the interests of justice would not be
served by conditionally sentencing the defendant under Section 1203.
(D) A factor indicating that the interests of justice would not be
served by imposing less than the maximum fine and sentence fixed by
law for the case.
(9) A defendant's failure or refusal to make the required
disclosure pursuant to paragraph (4) shall not delay entry of an
order of restitution or pronouncement of sentence. In appropriate
cases, the court may do any of the following:
(A) Require the defendant to be examined by the district attorney
pursuant to subdivision (h).
(B) If sentencing the defendant under Section 1170, provide that
the victim shall receive a copy of the portion of the probation
report filed pursuant to Section 1203.10 concerning the defendant's
employment, occupation, finances, and liabilities.
(C) If sentencing the defendant under Section 1203, set a date and
place for submission of the disclosure required by paragraph (4) as
a condition of probation or suspended sentence.
(g) The court shall order full restitution unless it finds
compelling and extraordinary reasons for not doing so, and states
those reasons on the record. A defendant's inability to pay shall
not be considered a compelling and extraordinary reason not to impose
a restitution order, nor shall inability to pay be a consideration
in determining the amount of a restitution order.
(h) The district attorney may request an order of examination
pursuant to the procedures specified in Article 2 (commencing with
Section 708.110) of Chapter 6 of Division 2 of Title 9 of Part 2 of
the Code of Civil Procedure, in order to determine the defendant's
financial assets for purposes of collecting on the restitution order.
(i) A restitution order imposed pursuant to subdivision (f) shall
be enforceable as if the order were a civil judgment.
(j) The making of a restitution order pursuant to subdivision (f)
shall not affect the right of a victim to recovery from the
Restitution Fund as otherwise provided by law, except to the extent
that restitution is actually collected pursuant to the order.
Restitution collected pursuant to this subdivision shall be credited
to any other judgments for the same losses obtained against the
defendant arising out of the crime for which the defendant was
convicted.
(k) For purposes of this section, "victim" shall include all of
the following:
(1) The immediate surviving family of the actual victim.
(2) Any corporation, business trust, estate, trust, partnership,
association, joint venture, government, governmental subdivision,
agency, or instrumentality, or any other legal or commercial entity
when that entity is a direct victim of a crime.
(3) "Derivative victims" as defined in Section 13960 of the
Government Code.
(l) At its discretion, the board of supervisors of any county may
impose a fee to cover the actual administrative cost of collecting
the restitution fine, not to exceed 10 percent of the amount ordered
to be paid, to be added to the restitution fine and included in the
order of the court, the proceeds of which shall be deposited in the
general fund of the county.
(m) In every case in which the defendant is granted probation, the
court shall make the payment of restitution fines and orders imposed
pursuant to this section a condition of probation. Any portion of a
restitution order that remains unsatisfied after a defendant is no
longer on probation shall continue to be enforceable by a victim
pursuant to Section 1214 until the obligation is satisfied.
(n) If the court finds and states on the record compelling and
extraordinary reasons why a restitution fine or full restitution
order should not be required, the court shall order, as a condition
of probation, that the defendant perform specified community service,
unless it finds and states on the record compelling and
extraordinary reasons not to require community service in addition to
the finding that restitution should not be required. Upon
revocation of probation, the court shall impose restitution pursuant
to this section.
(o) The provisions of Section 13966.01 of the Government Code
shall apply to restitution imposed pursuant to this section.
(p) (1) This section shall become operative on January 1, 2000,
except when all of the following apply:
(A) A majority of judges of a court apply to the Judicial Council
for an extension.
(B) The judicial application described in paragraph (1) documents
the need for time to adjust restitution procedures and practices, as
well as to facilitate judicial education and training in direct
restitution to victims under subdivision (f).
(C) The Judicial Council grants the extension upon finding good
cause.
(2) Upon the grant of an extension pursuant to the application of
a court under this subdivision, the provisions of former Section 1214
shall continue to apply with respect to that court. The extension
may be for any period of time set by the Judicial Council, but shall
not exceed January 1, 2002, in any case.