AB 1911, as introduced, Patterson. Victims of crime: compensation.
Existing law authorizes the California Victim Compensation and Government Claims Board to award compensation to a crime victim or derivative victim, as defined, from the Restitution Fund, a continuously appropriated fund, for the pecuniary losses that he or she suffers as a direct result of a criminal act. 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. Existing law requires quarterly reports to the Legislature if the board does not meet the 90-day average standard, until the standard is met for 2 consecutive quarters. Existing law requires the board, if it fails to approve or deny an individual application within 180 days of the date it is accepted, to advise the applicant and his or her representative, in writing, of the reason for the failure to approve or deny the application. Existing law provides for emergency awards under specified circumstances, and requires that disbursements of funds for emergency awards be made within 30 calendar days of application.
This bill would shorten the time period in which the board must approve or deny an application to within 30 calendar days of the date of acceptance by the board or victim center. The bill would require quarterly reports to the Legislature if the board does not meet a 30-day deadline until the board meets the 30-day deadline for accepted applications for 2 consecutive quarters. The bill would require written advisement if the board fails to approve or deny an individual application by the 30-day deadline. The bill would also shorten the time period in which the board must make disbursements of funds for emergency awards to within 5 business days of application.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 13952.5 of the Government Code is
2amended to read:
(a) An emergency award shall be available to a person
4eligible for compensation pursuant to this chapter if the board
5determines thatbegin delete such anend deletebegin insert theend insert award is necessary to avoid or mitigate
6substantial hardship that may result from delaying compensation
7until complete and final consideration of an application.
8(b) The board shall establish the method for requesting an
9emergency award, which may include, but need not be limited to,
10requiring submission of the regular application as provided for in
11Section 13952.
12(c) (1) The board may grant an emergency award based solely
13on the application of the victim or derivative victim. The board
14may refuse to grant an emergency award where it has reason to
15believe that the applicant will not be eligible for compensation
16under this chapter.
17(2) By mutual agreement between the staff of the board and the
18applicant or the applicant’s representative, the staff of the board
19may take additional 10-day periods to verify the emergency award
20claim and make payment.
21(3) The board may delegate authority to designated staff persons
22and designated agencies, including, but not limited to, district
23attorneys, probation departments, victim centers, and other victim
24service providers approved by the board and under contract with
25the board, who shall use guidelines established by the
board, to
26grant and disburse emergency awards.
27(d) Disbursements of funds for emergency awards shall be made
28withinbegin delete 30 calendarend deletebegin insert
five businessend insert days of application.
P3 1(e) (1) If an application for an emergency award is denied, the
2board shall notify the applicant in writing of the reasons for the
3denial.
4(2) An applicant for an emergency award shall not be entitled
5to a hearing before the board to contest a denial of an emergency
6award. However, denial of an emergency award shall not prevent
7further consideration of the application for a regular award and
8shall not affect the applicant’s right to a hearing pursuant to Section
913959 if staff recommends denial of a regular award.
10(f) (1) If upon final disposition of the regular application, it is
11found that the applicant is not eligible for compensation from the
12board, the applicant shall reimburse the board for the
emergency
13award pursuant to an agreed-upon repayment schedule.
14(2) If upon a final disposition of the application, the board grants
15compensation to the applicant, the amount of the emergency award
16shall be deducted from the final award of compensation. If the
17amount of the compensation is less than the amount of the
18emergency award, the excess amount shall be treated as an
19overpayment pursuant to Section 13965.
20(3) “Final disposition,” for the purposes of this section, shall
21mean the final decision of the board with respect to the victim’s
22or derivative victim’s application, before any action for judicial
23review is instituted.
24(g) The amount of an emergency award shall be dependent upon
25the immediate needs of the victim or derivative victim subject to
26rates and limitations established by the
board.
Section 13958 of the Government Code is amended
28to read:
begin insert(a)end insert The board shall approve or denybegin delete applications,end deletebegin insert an
30application,end insert based onbegin delete recommendationsend deletebegin insert the recommendationend insert of
31the board staff, withinbegin delete an average of 90 calendar days and no later begin insert
30end insert
calendar days ofbegin insert the date ofend insert acceptance by the board
32than 180end delete
33or victim center.
34(a)
end delete
35begin insert(b)end insert If the board does not meetbegin delete the 90-day average standardend deletebegin insert a
3630-day deadline asend insert prescribed inbegin delete this subdivision,end deletebegin insert subdivision
(a),end insert
37 the boardbegin delete shall,end delete
thereafter,begin insert shallend insert report to the Legislature, on a
38quarterly basis, its progress and its current average time of
39processing applications. These quarterly reports shall continue
P4 1until the board meets thebegin delete 90-day average standardend deletebegin insert 30-day deadlineend insert
2 forbegin insert accepted applications forend insert two consecutive quarters.
3(b)
end delete
4begin insert(c)end insert If the board fails to approve or deny an individual application
5withinbegin delete 180end deletebegin insert 30 calendarend insert days of the date it is accepted,begin delete pursuant to the board shall advise the applicant and his or her
6this subdivision,end delete
7representative, in writing, of the reason for the failure to approve
8or deny the application.
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