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 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 expert, as defined, in the rights of crime victims or a representative of a recognized organization that advocates for 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 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 in the rights of crime victims or a representative of a recognized organization that advocates for 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.

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 1802 (Chávez) - California Victim Compensation Board: reorganization

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 1802 would make the following changes to the operations of the Victim Compensation Board (Board):

• Requires the Governor to appoint a Special Master, as specified, and requires the Special Master, instead of the Board, to oversee claims of wrongful convictions requiring a hearing, as specified.
• Adds two members to the Board, as specified, and would provide that any Board member who is not a state officer shall receive $50 in compensation, plus necessary travel expenses, for each day of attendance at Board meetings, for up to eight meetings per month.

Fiscal Impact:

• Special Master: Potentially significant ongoing costs in the hundreds of thousands of dollars (General Fund) annually for an appointed Special Master to conduct hearings for claims of wrongful convictions.
• Erroneous conviction claim payments: Potentially significant future increases or decreases in General Fund appropriations for payment of claims for compensation potentially in the hundreds of thousands to low millions of dollars in any one year. Annual costs would vary based on the number of claims filed and the potential change in outcome of claims determined by the Special Master in place of the Board. Since 2002, 17 claims have been paid totaling $8.1 million, ranging in amount from $17,000 to $757,000. The average compensation amount per claim is about $420,000.
• Board workload: Potentially significant future workload reduction (Special Fund*) to the Board due to the appointment of a Special Master to conduct hearings and make determinations on erroneous conviction claims in lieu of the Board.
• Board membership: Likely minor ongoing costs for reimbursement for the two additional Board members. Assuming the maximum reimbursement for attendance at eight meetings per month per year would equate to $9,600 (Special Fund*) for both members. Accounting for travel costs would increase costs, although not likely in excess of $25,000 to $50,000 annually.

*Restitution Fund – staff notes the Restitution Fund is structurally imbalanced, with the fund potentially reaching insolvency in FY 2018-19 at its current operating level.

Background:

Existing law establishes the California Victim Compensation Board (Board), composed of the following three members:

• Secretary of Government Operations, or his or her designee;
• State Controller, acting ex officio;
• One member appointed by the Governor, who may be a state officer who shall act ex officio. (Government Code § 13901.)

Under existing law, if the third member is not a state officer acting ex officio, the member shall receive $50 for every day of actual attendance at meetings of the Board not in excess of eight meetings per month, together with necessary traveling expenses in attending these meetings. (Government Code § 13902.)

Proposed Law:

This bill would require the Governor to appoint a Special Master, to serve at the pleasure of the Governor, for all claims requiring a hearing pursuant to Section 4902 of the Penal Code. This bill specifies that the Special Master shall be an individual who is qualified by education, training, and work experience in taking evidence, making determinations of fact, and applying the facts to the law, particularly in the area of wrongful convictions. Additionally, this bill:

• Provides that if a district attorney or the Attorney General does not contest the factual allegations underlying one or more of the grounds for granting a writ of habeas corpus or a motion to vacate judgment, the facts underlying the basis for the court’s ruling or order shall be binding on the Attorney General, the factfinder, the Special Master, and the Board.
• Requires the Board to fix a time and place for the hearing under PC § 4902 for the hearing of the claim by the Special Master, as specified.
• Provides that in a hearing before the Special Master, instead of the Board, the factual findings and credibility determinations establishing the court’s basis for granting a writ of habeas corpus, a motion for a new trial, or an application for a certificate of factual innocence shall be binding on the AG, the factfinder, the Special Master, and the Board.
• Requires the Board to deny payment of any claim if the Special Master finds by a preponderance of the evidence that a claimant pled guilty with the specific intent to protect another from prosecution for the underlying conviction for which the claimant is seeking compensation.

This bill would add two members, to be appointed by the Governor, to the Board, as follows:

• One member who is an expert in the rights of crime victims. As used in this in paragraph, “expert” means someone who is qualified by education, training, and work experience; possesses a baccalaureate or advanced degree or is credentialed by the National Advocate Credentialing Program; and has a minimum of two years of experience in social work or victim advocacy.
• One member who is a physician, psychiatrist, or psychologist with expertise in treating or providing services to crime victims.

This bill would extend the per diem reimbursement for the third member of the Board to any member of the Board who is not a state officer.

Related Legislation: SB 836 (Committee on Budget and Fiscal Review) Chapter 31/2016, the state government budget trailer bill, among its numerous provisions, makes technical and conforming changes in law related to renaming the California Victim Compensation and Government Claims Board (VCGCB) to the California Victim Compensation Board and shifting the government claims portion of the Board to the Department of General Services.

SB 1134 (Leno) 2016 would permit a writ of habeas corpus to be prosecuted on the basis of new evidence, which would have more likely than not changed the outcome of the trial, as specified. This bill would require the Board to recommend payment for incarceration of a person if the court finds that the person is factually innocent. SB 1134 is pending on the Suspense File of the Assembly Committee on Appropriations.

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Loni Hancock, Chair

2015 - 2016 Regular

Bill No: AB 1802 Hearing Date: June 28, 2016

Subject: California Victim Compensation and Government Claims Board: Membership

HISTORY

Source: Author

Prior Legislation: AB 1140 (Bonta) – Ch. 569, Stats. 2015
SB 635 (Nielsen) – Ch. 422, Stats. 2015
SB 618 (Leno) – Ch. 800 Stats. 2013
SB 60 (Wright) – Ch. 147, Stats. 2013
AB 2809 (Leno) – Ch. 587, Statutes of 2008
AB 2869 (Leno) – Ch. 582, Statutes of 2006
AB 2729 (Wesson) 2001-2002, vetoed
AB 606 (Jackson) – Chapter 584, Statutes of 1999

Support: Crime Victims United

Opposition: Northern California Innocence Project (unless amended); California Innocence Project (unless amended)

Assembly Floor Vote: 80 - 0

PURPOSE

The purpose of this bill is to: 1) add the following members to the Victims Compensation and Government Claims Board (VCGCB – “board”) – an expert in the rights of crime victims or a victims rights advocate; a physician, psychiatrist or psychologist with experience in the treatment of crime victims; and 2) provide that any board member who is not a state officer shall receive $50 in compensation, plus reasonable expenses, for each day of attendance at board hearings, for up to eight hearings per months.

Existing law establishes the Victims Compensation and Government Claims Board (board), which, in pertinent part, operates the California Victim's Compensation Program (CalVCP). (Gov. Code, §§ 13901 & 13950 et. seq.)

Existing law states that the board consists of the Secretary of Government Operations or his or her designee, the Controller, and a third member to be appointed by the Governor. (Gov. Code, § 13901, subd. (b).)

Existing law provides that if the board's third member is not a state officer acting ex officio, that person shall be compensated $50 per day of actual attendance at board meetings, not to exceed eight meetings per month. (Gov. Code, § 13902.)

Existing law authorizes the board to reimburse victims of crimes for pecuniary loss for specified types of losses, including medical expenses, mental-health counseling, loss of income or loss of support, and installing or increasing residential security. (Gov. Code, § 13957.)

Existing law requires the board to approve or deny applications, based on recommendations by the board staff, within an average of 90 calendar days and no later than 180 calendar days of acceptance by the board. (Gov. Code, § 13958, subd. (a).)

Existing law requires the board to grant a hearing to an applicant who contests a staff recommendation to deny compensation in whole or in part. (Gov. Code, § 13959, subd. (a).)

This bill adds an expert in the rights of crime victims or a representative of a recognized organization that advocates for the rights of crime victims to the board's membership. This person shall be appointed by, and serve at the pleasure of, the Governor.

This bill adds a physician, psychiatrist, or psychologist with expertise in treating or providing services to crime victims to the board's membership. This person shall be appointed by, and serve at the pleasure of, the Governor.

This bill compensates any board member, who is not a state officer acting ex officio, $50 per day of actual attendance at board meetings, not to exceed eight meetings per month, as well as necessary traveling expenses to attend the meetings.

RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

For the past several years this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.

On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:

• 143% of design bed capacity by June 30, 2014;
• 141.5% of design bed capacity by February 28, 2015; and,
• 137.5% of design bed capacity by February 28, 2016.

In December of 2015 the administration reported that as “of December 9, 2015, 112,510 inmates were housed in the State’s 34 adult institutions, which amounts to 136.0% of design bed capacity, and 5,264 inmates were housed in out-of-state facilities. The current population is 1,212 inmates below the final court-ordered population benchmark of 137.5% of design bed capacity, and has been under that benchmark since February 2015.” (Defendants’ December 2015 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-

Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).) One year ago, 115,826 inmates were housed in the State’s 34 adult institutions, which amounted to 140.0% of design bed capacity, and 8,864 inmates were housed in out-of-state facilities. (Defendants’ December 2014 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)

While significant gains have been made in reducing the prison population, the state must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:

• Whether a proposal erodes a measure which has contributed to reducing the prison population;
• Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;
• Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;
• Whether a proposal corrects a constitutional problem or legislative drafting error; and
• Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.

COMMENTS

1. Need for This Bill

According to the author:

The Legislative Analyst’s Office (LAO), in a report released in 2015, recommended that the composition of the California Victim Compensation and Government Claims Board (CVCGCB) be restructured to more effectively focus on victim programs and issues. The current board does not have the expertise to effectively or adequately consider claims by victims. The LAO further recommended that all major victim programs be shifted from the Office of Emergency Services (OES) to the VCGCB because of a lack of coordination and duplication of many victim programs under OES. This bill would essentially give the board the framework to carry out this recommendation.

The Governor's proposal to reorganize the VCGCB to primarily handle victims programs is a step in the right direction. This bill will help ensure that the composition of the board is best suited to take the lead as the primary administer of victims programs.

1. Purpose and History of the Victims of Crime Program (VCP) Administered by the Victims Compensation and Government Claims Board

The victims compensation program was created in 1965, the first such program in the country. The Victims Compensation and Government Claims Board (board) provides compensation for victims of violent crime. Specifically, the board reimburses eligible victims for many crime-related expenses. Funding for the board comes from restitution fines and penalty assessments paid by criminal offenders, as well as federal matching funds.

The other core function of the board is to review claims against the state and request payment of claims by the Legislature in annual legislation. A person must present a claim for damages against the state to the board before filing a lawsuit.

1. Audits and Substantial Changes to Board Procedures and Policies

In 2008, the Bureau of State Audit (BSA) issued an audit report that was critical of many board procedures and operations. The issues included high administrative costs, which increased when payments declined, inadequate investigation of alternative funding sources for victim services, delays in processing claims. In 2010, the BSA reported that the board had made many improvements in response to the audit, but still recommended significant reforms. The BSA was not alone in criticizing the Victims Compensation Program. The program had been the subject of a number of informational and bill hearings in the Legislature. In 2015, the board sponsored AB 1140 (Bonta) Ch. 569, Stats. 2015 which instituted a number of the changes that the BSA and others had urged the board to make. AB 1140 also incorporated provisions that had been in a previous version of Senator Hancock’s SB 519.

1. Legislative Analyst's Office Recommendations

In its report on improving programs for crime victims, the LAO recommended changing the composition of the board. The LAO noted:

Two of the three members of the board have expertise that is primarily applicable to the Government Claims Program and not related to victim services—the Government Operations Agency Secretary and the State Controller. Accordingly, we recommend that the Legislature change the membership of the board. First, we recommend removing the Secretary of the Government Operations Agency and the State Controller from the board. Second, we recommend that additional members be added to the board to provide expertise in victim issues. For example, the Legislature could consider requiring the board to include an expert in providing trauma-informed services or a victim of crime, as well as representatives from the other state departments that administer victim programs (such as the Attorney General or the Secretary of CDCR). We also recommend that the Legislature appoint some of the board members in addition to having the Governor’s appointees on the board. Finally, we recommend that the appointed members serve fixed terms to increase their independence." (Improving State Programs for Crime Victims, supra, pp. 18-19). http://www.lao.ca.gov/reports/2015/budget/crime-victims/crime-victims-031815.pdf>.)

This bill partially adopts the recommendations of the LAO by adding to the membership of the board a victims' advocate and a victims' services provider in the medical or mental-health field.

1. Governor's Budget Proposal

As noted above, the board currently administers not only the VCP, but also processes claims for money damages against the state. The board also considers claims for wrongfully convicted.

The Governor’s Budget for 2015-16 proposes to reorganize the board beginning in 2016-17. The proposed change would have the board primarily administer victim programs, including some currently handled by other agencies, such as the Office of Emergency Services. Government claims would be moved to the Department of General Services. The board would still retain the responsibility for administering claims for the wrongfully convicted. The addition of a victim's advocate and a treatment provider to the board is consistent with the Governor's plan to reorganize the board as the primary administrator for victims' programs.

1. Concerns about Claims by Wrongly Convicted and Imprisoned Persons

California law allows a factually innocent person -- an “exonoree” -- who has been wrongfully convicted and imprisoned to apply for compensation at a rate of $140 per day. In 2013, the exonoree compensation law was amended by SB 618 (Leno) Ch. 800, Stats. 2013, to provide that an exonoree whose factual innocence was determined by a court, generally in a contested hearing with consideration of a wide range of evidence, need not separately and additionally prove his or her innocence in an administrative proceeding before the VCGCB. The state is represented in these matters by the Attorney General. Prior to enactment of SB 618, an exonoree who had prevailed in a habeas corpus petition under a standard requiring him or her to prove that the evidence “undermines the entire prosecution case and point unerringly to innocence,”^[1] was required to begin anew and file a petition where the evidence and findings from the habeas corpus proceeding could not be considered.

Exonorees who seek compensation in a VCGCB hearing are not entitled to counsel at state expense. These persons are highly likely to have no resources after spending years in prison and pursuing relief in the courts. In cases where an exonoree has counsel, counsel was typically not compensated by the exonoree, but worked pro-bono.

Representatives of the California Innocence Projectand the Northern California Innocence Project-- the entities that often represented exonorees -- have argued that the Attorney General effectively; treated the administrative hearings as adversary hearings. ^[2] The innocence projects noted that the board almost always followed the recommendation of the Attorney General, and that the recommendation was usually to deny compensation.

The innocence projects have argued that the claims process presents an inherent bias against claimants, with lingering suspicions that the original conviction was accurate. This is perhaps not unexpected, as vast majority of claims the board hears are from victims who were harmed by a violent crime.

A claim by an exonerated person arises from very different circumstances and procedures than a claim by a crime victim. “Home Free,” an article in the June 20, 2016 of the New Yorker, describes the unique and very lengthy struggles of wrongly imprisoned inmates in proving their innocence.^[3] Arguably, a crime victims’ advocate or a professional who treats victims would not have the expertise to review claims by exonorees. The projects have thus argued that if the composition of the board is changed, the board should include a member with expertise in wrongful convictions or be directed to consult with an expert in cases of wrongful conviction in reviewing a claim for compensation.

-- END –

1. In re Hall (1981) 30 Cal.3d 408, 417, italics in original; see also, In re Lindley (1947) 29 Cal.2d 709 and In re Hardy (2008) 42 Cal.4th 1231.) The burden of establishing actually innocent is much higher than a preponderance of the evidence. (In re Lawley (2008) 42 Cal.4th 1231 1239-1240.) ↑

2. The California Innocence Project is housed at California Western School of Law in San Diego; the Northern California Innocence Project is housed at Santa Clara School of Law ↑

3. http://www.newyorker.com/magazine/2016/06/20/derrick-hamilton-jailhouse-lawyer ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 1802

Author:(Chávez)

As Amended Ver:May 27, 2016

Majority vote

SUMMARY: Expands the membership of the Victims Compensation and Government Claims Board (board) to include a victims' rights expert and a provider of victims' health services. Specifically, this bill:

1. Adds an expert in the rights of crime victims to the board's membership. This person shall be appointed by, and serve at the pleasure of, the Governor.
2. Defines an "expert" as "someone who is qualified by education, training, and work experience, possesses a baccalaureate or advanced degree or is credentialed by the National Advocate Credentialing Program, and has a minimum of two years of experience in social work or victim advocacy."
3. Adds a physician, psychiatrist, or psychologist with expertise in treating or providing services to crime victims to the board's membership. This person shall be appointed by, and serve at the pleasure of, the Governor.
4. Compensates any board member, who is not a state officer acting ex officio, $50 per day of actual attendance at board meetings, not to exceed eight meetings per month, as well as necessary traveling expenses to attend the meetings.

EXISTING LAW:

1. Establishes the board, which, in pertinent part, operates the California Victim's Compensation Program (CalVCP).
2. States that the board consists of the Secretary of Government Operations or his or her designee, the Controller, and a third member to be appointed by the Governor.
3. Provides that if the board's third member is not a state officer acting ex officio, that person shall be compensated $50 per day of actual attendance at board meetings, not to exceed eight meetings per month.
4. Authorizes the board to reimburse victims of crimes for pecuniary loss for specified types of losses, including medical expenses, mental-health counseling, loss of income or loss of support, and installing or increasing residential security.
5. Requires the board to approve or deny applications, based on recommendations by the board staff, within an average of 90 calendar days and no later than 180 calendar days of acceptance by the board.
6. Requires the board to grant a hearing to an applicant who contests a staff recommendation to deny compensation in whole or in part.

FISCAL EFFECT: According to the Assembly Appropriations Committee, minor absorbable costs to the board to provide $50 per day for attendance at meetings and necessary travel expenses to board members who are not state officers.

COMMENTS: "The Governor's proposal to reorganize the [board] VCGCB to primarily handle victims programs is a step in the right direction. This bill will help ensure that the composition of the board is best suited to take the lead as the primary administer of victims programs."

1. Governor's Budget Proposal: As noted above, the board currently administers not only CalVCP, but also some non-victim programs, including the government claims, which processes claims for money or damages against the state, as well as claims for the wrongfully convicted.

The Governor's budget for 2015-16 proposes to reorganize the board beginning in 2016-17. The proposed change would have the board primarily administer victim programs including some currently handled by other agencies, such as the Office of Emergency Services. Government claims would be moved to the Department of General Services. The board would still retain the responsibility for administering claims for the wrongfully convicted.

The addition of a victim's advocate and a treatment provider to the board membership aligns with the Governor's plan to reorganize the board as the primary administrator for victims' programs.

1. Legislative Analyst's Office (LAO) Recommendations: In its report on improving programs for crime victims, the LAO recommended changing the composition of the board. The LAO noted:

Two of the three members of the board have expertise that is primarily applicable to the Government Claims Program and not related to victim services—the Government Operations Agency Secretary and the State Controller. Accordingly, we recommend that the Legislature change the membership of the board. First, we recommend removing the Secretary of the Government Operations Agency and the State Controller from the board. Second, we recommend that additional members be added to the board to provide expertise in victim issues. For example, the Legislature could consider requiring the board to include an expert in providing trauma-informed services or a victim of crime, as well as representatives from the other state departments that administer victim programs (such as the Attorney General or the Secretary of [California Department of Corrections and Rehabilitation] CDCR). We also recommend that the Legislature appoint some of the board members in addition to having the Governor's appointees on the board. Finally, we recommend that the appointed members serve fixed terms to increase their independence." (Improving State Programs for Crime Victims, supra, pp. 18-19,

<http://www.lao.ca.gov/reports/2015/budget/crime-victims/crime-victims-031815.pdf>.)

This bill partially adopts the recommendations of the LAO by adding to the membership of the board a victims' advocate and a victims' services provider in the medical or mental-health field.

Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0003073

ASSEMBLY THIRD READING

ATR Bill Id:AB 1802

Author:(Chávez)

As Introduced Ver:February 8, 2016

Majority vote

SUMMARY: Expands the membership of the Victims Compensation and Government Claims Board (board) to include a victims' rights advocate and a provider of victims' health services. Specifically, this bill:

1. Adds an expert in the rights of crime victims or a representative of a recognized organization that advocates for the rights of crime victims to the board's membership. This person shall be appointed by, and serve at the pleasure of, the Governor.
2. Adds a physician, psychiatrist, or psychologist with expertise in treating or providing services to crime victims to the board's membership. This person shall be appointed by, and serve at the pleasure of, the Governor.
3. Compensates any board member, who is not a state officer acting ex officio, $50 per day of actual attendance at board meetings, not to exceed eight meetings per month, as well as necessary traveling expenses to attend the meetings.

EXISTING LAW:

1. Establishes the board, which, in pertinent part, operates the California Victim's Compensation Program (CalVCP).
2. States that the board consists of the Secretary of Government Operations or his or her designee, the Controller, and a third member to be appointed by the Governor.
3. Provides that if the board's third member is not a state officer acting ex officio, that person shall be compensated $50 per day of actual attendance at board meetings, not to exceed eight meetings per month.
4. Authorizes the board to reimburse victims of crimes for pecuniary loss for specified types of losses, including medical expenses, mental-health counseling, loss of income or loss of support, and installing or increasing residential security.
5. Requires the board to approve or deny applications, based on recommendations by the board staff, within an average of 90 calendar days and no later than 180 calendar days of acceptance by the board.
6. Requires the board to grant a hearing to an applicant who contests a staff recommendation to deny compensation in whole or in part.

FISCAL EFFECT:

According to the Assembly Appropriations Committee, minor absorbable costs to the board to provide $50 per day for attendance at meetings and necessary travel expenses to board members who are not state officers.

COMMENTS:

According to the author, "The Governor's proposal to reorganize the VCGCB [Victim's Compensation and Government Claims Board (Board)] to primarily handle victims programs is a step in the right direction. This bill will help ensure that the composition of the board is best suited to take the lead as the primary administer of victims programs."

1. Governor's Budget Proposal: As noted above, the board currently administers not only CalVCP, but also some non-victim programs, including the government claims, which processes claims for money or damages against the state, as well as claims for the wrongfully convicted.

The Governor's budget for 2015-16 proposes to reorganize the board beginning in 2016-17. The proposed change would have the board primarily administer victim programs including some currently handled by other agencies, such as the Office of Emergency Services. Government claims would be moved to the Department of General Services. The board would still retain the responsibility for administering claims for the wrongfully convicted.

The addition of a victim's advocate and a treatment provider to the board membership aligns with the Governor's plan to reorganize the board as the primary administrator for victims' programs.

1. Legislative Analyst's Office (LAO) Recommendations: In its report on improving programs for crime victims, the LAO recommended changing the composition of the board. The LAO noted:

Two of the three members of the board have expertise that is primarily applicable to the Government Claims Program and not related to victim services—the Government Operations Agency Secretary and the State Controller. Accordingly, we recommend that the Legislature change the membership of the board. First, we recommend removing the Secretary of the Government Operations Agency and the State Controller from the board. Second, we recommend that additional members be added to the board to provide expertise in victim issues. For example, the Legislature could consider requiring the board to include an expert in providing trauma-informed services or a victim of crime, as well as representatives from the other state departments that administer victim programs (such as the Attorney General or the Secretary of CDCR). We also recommend that the Legislature appoint some of the board members in addition to having the Governor’s appointees on the board. Finally, we recommend that the appointed members serve fixed terms to increase their independence." (Improving State Programs for Crime Victims, supra, pp. 18-19, <http://www.lao.ca.gov/reports/2015/budget/crime-victims/crime-victims-031815.pdf>.)

This bill partially adopts the recommendations of the LAO by adding to the membership of the board a victims' advocate and a victims' services provider in the medical or mental-health field.

Analysis Prepared by: Sandy Uribe/ PUB. S. / (916) 319-3744 FN: 0002709

Date of Hearing: April 6, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1802

Author:(Chávez) – As Introduced Ver:February 8, 2016

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill expands the membership of the Victims Compensation and Government Claims Board (board), from three to five members, to include a victims' rights advocate and a provider of victims' health services.

FISCAL EFFECT:

Minor absorbable costs to the board to provide $50 per day for attendance at meetings and necessary travel expenses to board members who are not state officers.

COMMENTS:

1. Background. Current law authorizes the board, composed of the Secretary of Government Operations or his or her designee, the Controller, and a third member to be appointed by the Governor, to reimburse victims of crimes for pecuniary loss for specified types of losses, including medical expenses, mental-health counseling, loss of income or loss of support, and installing or increasing residential security. Current law also provides that if the board's third member is not a state officer acting ex officio, that person shall be compensated $50 per day of actual attendance at board meetings, not to exceed eight meetings per month.
2. Purpose. According to the author, ""The Governor's proposal to reorganize the VCGCB [board] to primarily handle victims programs is a step in the right direction. This bill will help ensure that the composition of the board is best suited to take the lead as the primary administer of victims programs."

This bill partially adopts the recommendations of the LAO by adding to the membership of the board a victims' advocate and a victims' services provider in the medical or mental-health field.

1. Opposition: According to California Civil Liberties Advocacy, “… the CCLA is concerned about the following language:
   
   'One member who shall be appointed by, and serve at the pleasure of, the Governor and an expert in the rights of crime victims or a representative of a recognized organization that advocates for the rights of crime victims.’
   
   The CCLA strongly encourages the author to amend the bill to define the qualifications of an 'expert' and to delete the language allowing the Governor to appoint a representative of a crime victims organization."
   
2. Prior Legislation:
   
   1. AB 1317(Frazier), Chapter 352, Statutes of 2013, made conforming name changes to properly reflect the assignment and reorganization of the functions of state government among newly-established executive entities, including for membership on the board.
      
   2. AB 702 (Jackson), Chapter 84, Statutes of 2003, consolidated the board under the jurisdiction of the State Consumer Services Agency and allowed the Secretary of the State Consumer Services Agency or his or her designee to serve on the board.

1. Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081

Date of Hearing:

Counsel: Sandra Uribe

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 1802

Author:(Chávez) – As Introduced Ver:February 8, 2016

SUMMARY:

Expands the membership of the Victims Compensation and Government Claims Board (board) to include a victims' rights advocate and a provider of victims' health services. Specifically, this bill:

1. Adds an expert in the rights of crime victims or a representative of a recognized organization that advocates for the rights of crime victims to the board's membership. This person shall be appointed by, and serve at the pleasure of, the Governor.
   
2. Adds a physician, psychiatrist, or psychologist with expertise in treating or providing services to crime victims to the board's membership. This person shall be appointed by, and serve at the pleasure of, the Governor.
   
3. Compensates any board member, who is not a state officer acting ex officio, $50 per day of actual attendance at board meetings, not to exceed eight meetings per month, as well as necessary traveling expenses to attend the meetings.

EXISTING LAW:

1. Establishes the board, which, in pertinent part, operates the California Victim's Compensation Program (CalVCP). (Gov. Code, §§ 13901 & 13950 et. seq.)
   
2. States that the board consists of the Secretary of Government Operations or his or her designee, the Controller, and a third member to be appointed by the Governor. (Gov. Code, § 13901, subd. (b).)
   
3. Provides that if the board's third member is not a state officer acting ex officio, that person shall be compensated $50 per day of actual attendance at board meetings, not to exceed eight meetings per month. (Gov. Code, § 13902.)
   
4. Authorizes the board to reimburse victims of crimes for pecuniary loss for specified types of losses, including medical expenses, mental-health counseling, loss of income or loss of support, and installing or increasing residential security. (Gov. Code, § 13957.)
   
5. Requires the board to approve or deny applications, based on recommendations by the board staff, within an average of 90 calendar days and no later than 180 calendar days of acceptance by the board. (Gov. Code, § 13958, subd. (a).)
   
6. Requires the board to grant a hearing to an applicant who contests a staff recommendation to deny compensation in whole or in part. (Gov. Code, § 13959, subd. (a).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, ""The Governor's proposal to reorganize the VCGCB to primarily handle victims programs is a step in the right direction. This bill will help ensure that the composition of the board is best suited to take the lead as the primary administer of victims programs."
2. Victim Compensation and Government Claims Board: "The VCGCB is a board within the Government Operations Agency that is comprised of three members—the Secretary of the Government Operations Agency, the State Controller, and a Governor’s appointee. As discussed below, VCGCB’s primary responsibility is administering four of the state’s victim programs: the California victim compensation program (CalVCP), trauma recovery center (TRC) grants, Good Samaritan Program, and the Missing Children Reward Program. The board also administers programs unrelated to victims, including the Government Claims Program, which processes claims for money or damages against the state, and a program that pays claims to wrongfully imprisoned individuals." (See Improving State Programs for Crime Victims, Legislative Analyst's Office, March 18, 2015, p. 6, < http://www.lao.ca.gov/reports/2015/budget/crime-victims/crime-victims-031815.pdf>.)
   
3. Governor's Budget Proposal: As noted above, the board currently administers not only CalVCP, but also some non-victim programs, including the government claims, which processes claims for money or damages against the state, as well as claims for the wrongfully convicted.
   
   The Governor’s budget for 2015-16 proposes to reorganize the board beginning in 2016-17. The proposed change would have the board primarily administer victim programs including some currently handled by other agencies, such as the Office of Emergency Services. Government claims would be moved to the Department of General Services. The board would still retain the responsibility for administering claims for the wrongfully convicted.
   
   The addition of a victim's advocate and a treatment provider to the board membership aligns with the Governor's plan to reorganize the board as the primary administrator for victims' programs.
   
4. Legislative Analyst's Office Recommendations: In its report on improving programs for crime victims, the LAO recommended changing the composition of the board. The LAO noted:
   

"Two of the three members of the board have expertise that is primarily applicable to the Government Claims Program and not related to victim services—the Government Operations Agency Secretary and the State Controller. Accordingly, we recommend that the Legislature change the membership of the board. First, we recommend removing the Secretary of the Government Operations Agency and the State Controller from the board. Second, we recommend that additional members be added to the board to provide expertise in victim issues. For example, the Legislature could consider requiring the board to include an expert in providing trauma-informed services or a victim of crime, as well as representatives from the other state departments that administer victim programs (such as the Attorney General or the Secretary of CDCR). We also recommend that the Legislature appoint some of the board members in addition to having the Governor’s appointees on the board. Finally, we recommend that the appointed members serve fixed terms to increase their independence." (Improving State Programs for Crime Victims, supra, pp. 18-19, < http://www.lao.ca.gov/reports/2015/budget/crime-victims/crime-victims-031815.pdf>.)

This bill partially adopts the recommendations of the LAO by adding to the membership of the board a victims' advocate and a victims' services provider in the medical or mental-health field.

1. Argument in Support: None submitted.
   
2. Argument in Opposition: According to California Civil Liberties Advocacy, "It is a well-known fact that many trade associations have established 'astroturf' organizations to advance an ulterior motive. For instance, according to the book, Lockdown America: Police and Prisons in the Age of Crisis, by investigative journalist Christian Parenti, groups like the California Correctional Peace Officers Association have established 'grassroots' lobbies, such as Crime Victims United, that aggressively lobby for tougher minimum sentences and new criminal statutes. (Parenti, Lockdown America: Police and Prisons in the Age of Crisis, Verso (2005) p. 227.) Thus, the CCLA is concerned about the following language:
   
   "'One member who shall be appointed by, and serve at the pleasure of, the Governor and an expert in the rights of crime victims or a representative of a recognized organization that advocates for the rights of crime victims.'"
   
   "The CCLA strongly encourages the author to amend the bill to define the qualifications of an 'expert' and to delete the language allowing the Governor to appoint a representative of a crime victims organization."
   
3. Prior Legislation:
   
   1. AB 1317(Frazier), Chapter 352, Statutes of 2013, made conforming name changes to properly reflect the assignment and reorganization of the functions of state government among newly-established executive entities, including for membership on the board.
      
   2. AB 702 (Jackson), Chapter 84, Statutes of 2003, consolidated the board under the jurisdiction of the State Consumer Services Agency and allowed the Secretary of the State Consumer Services Agency or his or her designee to serve on the board.

REGISTERED SUPPORT / OPPOSITION:

Support

None

Opposition

California Civil Liberties Advocacy

Analysis Prepared by:

Sandy Uribe / PUB. S. / (916) 319-3744