AB 2489, as introduced, Lowenthal. Victims of crimes.
Existing law provides for the indemnification of victims of specified types of crimes by the California Victim Compensation and Government Claims Board.
Existing law requires the board to pay attorney’s fees representing the reasonable value of legal services rendered to the applicant, in an amount equal to 10% of the amount of the award, or $500, whichever is less, for each victim and each derivative victim, as specified. Existing law provides that an attorney receiving fees from another source may waive the right to receive these fees.
This bill, for each victim and derivative victim, would pay attorney’s fees of 10% of the award or $100, whichever is less, for applications that are approved, 10% of the award or $200, whichever is less, for applications that are denied but later approved during the appeal process but before an oral hearing, and $75 per hour up to $500, for applications that are denied, appealed, and the attorney represents the claimant at the oral hearing.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 13957.7 of the Government Code is
2amended to read:
(a) No reimbursement may be made for any expense
4that is submitted more than three years after it is incurred by the
5victim or derivative victim. However, reimbursement may be made
6for an expense submitted more than three years after the date it is
7incurred if the victim or derivative victim has affirmed the debt
8and is liable for the debt at the time the expense is submitted for
9reimbursement, or has paid the expense as a direct result of a crime
10for which a timely application has been filed or has paid the
11expense as a direct result of a crime for which an application has
12been filed and approved.
13(b) Compensation made pursuant to this chapter may be on a
14one-time or periodic basis. If periodic, the board may increase,
15reduce, or terminate the amount of
compensation according to the
16applicant’s need, subject to the maximum limits provided in this
17chapter.
18(c) (1) The board may authorize direct payment to a provider
19of services that are reimbursable pursuant to this chapter and may
20make those payments prior to verification. However, the board
21may not, without good cause, authorize a direct payment to a
22provider over the objection of the victim or derivative victim.
23(2) Reimbursement on the initial claim for any psychological,
24psychiatric, or mental health counseling services shall, if the
25application has been approved, be paid by the board within 90
26days of the date of receipt of the claim for payment, with
27subsequent payments to be made to the provider within one month
28of the receipt of a claim for payment.
29(d) Payments for peer counseling
services provided by a rape
30crisis center may not exceed fifteen dollars ($15) for each hour of
31services provided. Those services shall be limited to in-person
32counseling for a period not to exceed 10 weeks plus one series of
33facilitated support group counseling sessions.
34(e) The board shall develop procedures to ensure that a victim
35is using compensation for job retraining or relocation only for its
36intended purposes. The procedures may include, but need not be
37limited to, requiring copies of receipts, agreements, or other
P3 1documents as requested, or developing a method for direct
2payment.
3(f) Compensation granted pursuant to this chapter shall not
4disqualify an otherwise eligible applicant from participation in any
5other public assistance program.
6(g) begin insert(1)end insertbegin insert end insert The board shall pay attorney’s fees representing the
7reasonable value of legal services rendered to the applicant, inbegin delete an begin insert
the
8amount equal to 10 percent of the amount of the award, orend delete
9following amounts:end insert
10begin insert(A)end insertbegin insert end insertbegin insertFor applications that are approved by the board without
11an appeal being filed, 10 percent of the amount of the award, or
12one hundred dollars ($100), whichever is less, for each victim and
13each derivative victim.end insert
14begin insert(B)end insertbegin insert end insertbegin insertFor applications that are denied by the board, but later
15approved during the appeal process, but prior to an oral hearing,
1610 percent of the amount of the award, or two hundred dollars
17($200), whichever is less, for each victim and each derivative
18victim.end insert
19begin insert(C)end insertbegin insert end insertbegin insertFor applications that are denied by the board, appealed,
20and the attorney appears at the oral hearing to represent the
21claimant, seventy-five dollars ($75) per hour, up to a maximum of end insert
22five hundred dollars ($500),begin delete whichever is less,end delete for each victim and
23each derivative victim.begin delete An attorneyend delete
24begin insert(2)end insertbegin insert end insertbegin insertAn Attorneyend insertbegin insert end insertreceiving fees from another source may waive
25the right to receive fees under this subdivision. Payments under
26this subdivision shall be in addition
to any amount authorized or
27ordered under subdivision (b) of Section 13960.begin delete Anend delete
28begin insert(3)end insertbegin insert end insertbegin insertAn end insertattorney may not charge, demand, receive, or collect any
29amount for services rendered in connection with any proceedings
30under this chapter except as awarded under this chapter.
31(h) A private nonprofit agency shall be reimbursed for its
32services at the level of the normal and customary fee charged by
33the private nonprofit agency to clients with adequate means of
34payment for its services, except that this reimbursement may not
35exceed the maximum reimbursement rates set by the board and
36may be made only to the extent that the victim
otherwise qualifies
37for compensation under this chapter and that other reimbursement
38or direct subsidies are not available to serve the victim.
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