AB 1802: California Victim Compensation Board: reorganization.

Session Year: 2015-2016
House: Assembly
Latest Version Date: 2016-08-03

Version:

Existing law establishes, within the Government Operations Agency, the California Victim Compensation and Government Claims Board, composed of the Secretary of Government Operations, or his or her designee, the Controller, and a 3rd member who is appointed by, and serves at the pleasure of, the Governor. Existing law requires specific compensation for the member who is appointed by the Governor, unless that member is a state officer. Administrative costs of the board are paid from the Restitution Fund, a continuously appropriated fund, except for specific costs that include, among others, the administrative costs of the board, which are subject to annual review through the state budget process.

This bill would add 2 members to the board who would be appointed by, and serve at the pleasure of, the Governor. One new member would be an expert, as defined, in the rights of crime victims and the other new member would be a physician, psychiatrist, or psychologist with expertise in treating or providing services to crime victims. The bill would provide specific compensation for any member who is not a state officer, would specify that the Controller may designate an individual to serve on the board as his or her designee, and would make nonsubstantive changes to these provisions.

Existing law provides that a person who has been convicted of a felony and imprisoned in the state prison or county jail, but who is innocent or granted a pardon by the Governor for specified reasons, may present a claim against the state to the California Victim Compensation Board for the pecuniary injury sustained by him or her through the erroneous conviction and imprisonment, as specified. Existing law requires the board to hold a hearing for these claims and to be bound by specified factual findings and credibility determinations. Existing law requires the board to make certain determinations and recommendations to the Legislature regarding payment of compensation based on the facts and its conclusions from the case.

This bill would create a Special Master who is appointed by and serves at the pleasure of the Governor and would require the Special Master, instead of the board, to hold a hearing for specified claims and to be bound by specified factual findings and credibility determinations.

Discussed in Hearing