BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
AB 1194 (Ammiano) - Victim compensation: restrictions on
denials.
Amended: July 1, 2014 Policy Vote: Public Safety 6-1
Urgency: No Mandate: No
Hearing Date: August 4, 2014
Consultant: Jolie Onodera
This bill meets the criteria for referral to the Suspense File.
Bill Summary: AB 1194 would provide that an application for
victim compensation from the Victim Compensation Program
(CalVCP) from an applicant who was involved in the events
leading up to the crime may not be denied if the applicant was a
victim of sexual assault or domestic violence, as specified.
This bill would also provide that the prohibition under existing
law of granting victim compensation to an applicant while
incarcerated for a felony conviction until discharge from parole
or probation does not apply to a victim of sexual assault or
domestic violence.
Fiscal Impact:
Potential increase in annual program payments to victims of
sexual assault and domestic violence of about $700,000
(Restitution Fund) based on historical data indicating
approximately 315 applications are denied annually due to
reasons of involvement in the crime or felon status.
Potential future cost pressure (Restitution Fund) to
compensate victims of other crimes who are not similarly
covered.
No future increases in annual federal Victims of Crime Act
(VOCA) grant funds of 60 percent reimbursement for state funds
used to compensate victims who are incarcerated. Federal law
does not allow benefits to persons while incarcerated.
Background: The CalVCP, which is administered by the California
Victim Compensation and Government Claims Board (VCGCB),
provides compensation for victims and derivative victims
(including spouses, domestic partners, children, parents, legal
guardians, siblings, grandparents, and grandchildren) who suffer
physical or emotional injury, or the threat of physical injury,
AB 1194 (Ammiano)
Page 1
as a direct result of a violent crime. Crimes covered by the
program include domestic violence, child abuse, sexual and
physical assault, homicide, human trafficking, robbery, and
vehicular manslaughter.
Subject to specified eligibility criteria, CalVCP compensates
eligible victims for various crime-related expenses that are not
covered by other sources. Services covered include medical and
dental care, mental health services, income loss, funeral
expenses, home security, rehabilitation and relocation. Funding
for the program is provided by the Restitution Fund, which
derives its revenue from restitution fines and orders, diversion
fees, and penalty assessments levied on persons convicted of
crimes and traffic offenses. CalVCP also receives federal grant
monies from the Victims of Crime Act (VOCA). VOCA funds come
from penalties paid by offenders convicted of federal crimes.
Existing law provides that a victim of violent crime who has
been convicted of a felony may not receive compensation until
released from parole or probation, and in no case shall
compensation be granted to an applicant during any period of
incarceration.
Existing law provides that the VCGCB may deny a claim in whole
or in part if the claimant, or the victim of the crime for which
a derivative victim seeks compensation, was involved in the
events leading to the crime for which compensation is sought.
Proposed Law: This bill would provide that an application for
victim compensation from an applicant who was involved in the
events leading up to the crime may not be denied if the
applicant was a victim of sexual assault or domestic violence,
as specified. This bill would also provide that the prohibition
under existing law of victim compensation to any applicant while
incarcerated for a felony conviction until discharge from parole
does not apply to a victim of sexual assault or domestic
violence.
Staff Comments: The VCGCB has indicated that approximately 300
applications annually for domestic violence or sexual assault
are denied for reasons of involvement in the crime.
Additionally, 15 applications per year from sexual assault or
domestic violence victims are denied due to felon status. Based
on the average CalVCP payment of $2,250, the additional costs to
AB 1194 (Ammiano)
Page 2
provide reimbursement for 315 applications per year would be
over $700,000 (Restitution Fund).
By removing the VCGCB's discretion to deny claims in whole or in
part if a claimant was involved in the events leading up to the
crime for applicants who have been a victim of sexual assault or
domestic violence, this bill could result in potential future
cost pressure (Restitution Fund) to compensate victims of other
crimes, for example, human trafficking, who are not similarly
covered by such an exception.
VCGCB currently receives 60 percent federal reimbursement in
future years for state funds used to compensate victims. As
federal law does not allow benefits to persons while
incarcerated, it is likely state costs expended to compensate
victims who are incarcerated will not be eligible for federal
reimbursement.