Existing law provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law requires an application for compensation to be filed within certain time periods, including within 3 years after the victim attains 18 years of age, except as specified.

This bill would require an application for compensation to be filed within 3 years after the victim attains 21, instead of 18, years of age, except as specified. By extending the application of provisions authorizing certain uses of continuously appropriated funds, the bill would make an appropriation.

Existing law provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law requires an application for compensation to be filed within certain time periods, including within 3 years after the victim attains 18 years of age, except as specified.

This bill would require an application for compensation to be filed within 3 years after the victim attains 21, instead of 18, years of age, except as specified. By extending the application of provisions authorizing certain uses of continuously appropriated funds, the bill would make an appropriation.

Existing law provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law requires an application for compensation to be filed within certain time periods, including within 3 years after the victim attains 18 years of age, except as specified.

This bill would require an application for compensation to be filed within 3 years after the victim attains 21, instead of 18, years of age, except as specified. By extending the application of provisions authorizing certain uses of continuously appropriated funds, the bill would make an appropriation.

Existing law provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law requires an application for compensation to be filed within certain time periods, including within 3 years after the victim attains 18 years of age, except as specified.

This bill would require an application for compensation to be filed within 3 years after the victim attains 21, instead of 18, years of age, except as specified. By extending the application of provisions authorizing certain uses of continuously appropriated funds, the bill would make an appropriation.

 UNFINISHED BUSINESS  

Bill No: SB 1232

Author:

:

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/10/18

AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 4/23/18

AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener

SENATE FLOOR: 35-0, 4/26/18

AYES: Allen, Atkins, Bates, Beall, Bradford, Cannella, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Moorlach, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk

NO VOTE RECORDED: Anderson, Berryhill, De León, Morrell

ASSEMBLY FLOOR: 78-0, 8/16/18 - See last page for vote

SUBJECT:

SOURCE: Californians for Safety and Justice

DIGEST:

This bill extends the time limit to file an application for compensation with the California Victims Compensation Board within three years after the victim turns 21, instead of 18, years of age.

Assembly Amendments make technical changes.

ANALYSIS:

Existing law:

1. States that the Legislature finds and declares that it is in the public interest to assist residents of the State of California in obtaining compensation for the pecuniary losses they suffer as a direct result of criminal acts. (Gov. Code, § 13950, subd. (a).)
2. Establishes the California Victims Compensation Claims Board (board) to operate the California Victim Compensation Program. (Gov. Code, §§ 13950 et. seq.)
3. Provides than an application for compensation shall be filed with the board in the manner determined by the board. (Gov. Code, § 13952, subd. (a).)
4. Requires that an application shall be filed in accordance with the following time lines:
   1. Within three years of the date of the crime;
   2. Three years after the victim attains 18 year of age;
   3. Three years of the time the victim or derivative victim knew or in the exercise of ordinary diligence could have discovered than an injury or death had been sustained as a direct result of crime, whichever is later; or,
   4. If the application is based on one of the specified sex crimes against minors, the application may be filed any time prior to the victim’s 28th birthday. (Gov. Code, § 13953, subd. (a).)
5. Authorizes the board to grant an extension of the applicable time period for good cause. In making this determination, the board shall consider all of the following:
   1. Whether the victim or derivative victim incurs emotional harm or a pecuniary loss while testifying during the prosecution or in the punishment of the person accused or convicted of the crime; and,
   2. Whether the victim or derivative victim incurs emotional harm or a pecuniary loss when the person convicted of the crime is scheduled for a parole hearing or released from incarceration. (Gov. Code, § 13953, subd. (b).)

This bill requires an application to be filed within three years after the victim attains 21, instead of 18, years of age.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Assembly Appropriations Committee, minor costs (Restitution Fund/federal funds), unlikely to reach $150,000, for the board to reimburse more expenses since minor victims will have a more time to seek victim compensation.

SUPPORT: (Verified 8/16/18)

Californians for Safety and Justice (source)

A New Way of Life Re-entry Project

California Catholic Conference

California District Attorneys Association

Community Hospice, Inc.

Joyful Heart Foundation

National Association of Social Workers – California Chapter

Youth ALIVE!

OPPOSITION: (Verified 8/16/18)

None received

ASSEMBLY FLOOR: 78-0, 8/16/18

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rivas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Cristina Garcia, McCarty

Prepared by:

8/18/18 12:40:18

**** END ****

SENATE THIRD READING

STR Bill Id:SB 1232

Author:(Bradford)

As Amended Ver:July 5, 2018

2/3 vote

SENATE VOTE: 35-0

SUMMARY: Extends the time limit for a minor victim to file an application for compensation under the California Victim Compensation Program (CalVCP) to within three years after the victim turns 21 years of age. Specifically, this bill:

1. Requires an application for compensation to be filed within three years after a minor victim attains 21, instead of 18, years of age.
2. Provides that the CalVCP board may for good cause grant an extension of the filing period for an application for compensation if the victim or derivative victim incurs emotional harm as a result of the identification of the "East Area Rapist".
3. Defines "emotional harm" for the purpose of an application for compensation to include harm while preparing to testify.

EXISTING LAW:

1. Establishes the California Victims Compensation Claims Board (board) to operate the CalVCP.
2. Provides than an application for compensation shall be filed with the board in the manner determined by the board.
3. Requires that an application shall be filed in accordance with the following time lines:
   1. Within three years of the date of the crime;
   2. Three years after the victim attains 18 year of age;
   3. Three years of the time the victim or derivative victim knew or in the exercise of ordinary diligence could have discovered than an injury or death had been sustained as a direct result of crime, whichever is later; or,
   4. If the application is based on one of the specified sex crimes against minors, the application may be filed any time prior to the victim's 28th birthday.
4. Allows the board to grant an extension of the applicable time period for good cause. In making this determination, the board shall consider all of the following:
   1. Whether the victim or derivative victim incurs emotional harm or a pecuniary loss while testifying during the prosecution or in the punishment of the person accused or convicted of the crime; and
   2. Whether the victim or derivative victim incurs emotional harm or a pecuniary loss when the person convicted of the crime is scheduled for a parole hearing or released from incarceration.
5. Allows the board to deny an application if the victim or derivative victim fails to cooperate in the verification of information contained in the application.
6. States that, except as provided by specified sections of the Government Code, a person is eligible for compensation when all of the following requirements are met:
   1. The person for whom compensation is being sought is a victim, a derivative victim, or a person who is entitled to reimbursement for funeral, burial or crime scene clean-up; and, Either of the following conditions is met:
      1. The crime occurred within California, whether or not the victim is a resident of California, or
      2. Whether or not the crime occurred in California, the victim was any of the following:
         1. A California resident;
         2. A member of the military stationed in California; or,
         3. A family member living with a member of the military stationed in California.
   2. If compensation is being sought for derivative victim, the derivative victim is a resident of California, or the resident of another state who is any of the following:
      1. At the time of the crimes was the parent, grandparent, sibling, spouse, child or grandchild of the victim.
      2. At the time of the crime was living in the household of the victim.
      3. At the time of the crime was a person who had previously lived in the house of the victim for a person of not less than two years in a relationship substantially similar to a previously listed relationship.
      4. Another family member of the victim including, but not limited to, the victim's fiancé or fiancée, and who witnessed the crime.
      5. Is the primary caretaker of a minor victim, but was not the primary caretaker at the time of the crime.
   3. And other specified requirements, including that the application is timely.
7. Disqualifies certain individuals from eligibility.
8. Authorizes the board to reimburse for pecuniary loss for the following types of losses:
   1. Medical or medical-related expenses incurred by the victim for services provided by a licensed medical provider;
   2. Out-patient psychiatric, psychological or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services;
   3. Compensation equal to the loss of income or loss of support, or both, that a victim or derivative victim incurs as a direct result of the victim's injury or the victim's death,
   4. Cash payment to, or on behalf of, the victim for job retraining or similar employment-oriented services;
   5. The expense of installing or increasing residential security, not to exceed $1,000;
   6. The expense of renovating or retrofitting a victim's residence or vehicle to make them accessible or operational, if it is medically necessary;
   7. Relocation expenses up to $2,000 if the expenses are determined by law enforcement to be necessary for the victim's personal safety, or by a mental health treatment provider to be necessary for the emotional well-being of the victim; and,
   8. Funeral or burial expenses.
9. Limits the total award to or on behalf of each victim or derivative victim to $70,000.

FISCAL EFFECT: According to the Assembly Appropriations Committee, minor costs (Restitution Fund/federal funds), unlikely to reach $150,000, for CalVCB to reimburse more expenses since minor victims will have a more time to seek victim compensation.

COMMENTS: According to the author, ''Both youth under the age of 18 and young adults between the ages of 18-24 are particularly vulnerable following victimization.

''Youth who have missed work or school to recover should receive financial support for counseling, therapy, and education or hospital bills. Reimbursement from CalVCB can be used to help pay for these and other essential expenses such as food, rent, and transportation.

''Stigma, depression, self-blaming, and lack of support are examples of barriers that contribute to the difficulty in addressing these traumas, especially for youth from marginalized, low-income, minority, and immigrant communities. Unfortunately, an understandable delay on the part of a youth or young person becoming comfortable seeking victim compensation can result in them not being eligible for this crucial assistance.

''SB 1232 will afford victims of crime more time to apply for victim's compensation, allowing youth and young adults to receive the support and care they need. Ultimately, this bill will help prevent the cycle of crime and victimization, helping individuals, families, and communities heal.''

Please see the policy committee analysis for a full discussion of this bill.

Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0003698

SENATE THIRD READING

STR Bill Id:SB 1232

Author:(Bradford)

As Introduced Ver:February 15, 2018

2/3 vote

SENATE VOTE: 35-0

SUMMARY: Extends the time limit for a minor victim to file an application for compensation under the California Victim Compensation Program (CalVCP) to within three years after the victim turns 21 years of age. Specifically, this bill: Requires an application for compensation to be filed within three years after a minor victim attains 21, instead of 18, years of age.

EXISTING LAW:

1. Establishes the California Victims Compensation Claims Board (board) to operate the CalVCP.
2. Provides than an application for compensation shall be filed with the board in the manner determined by the board.
3. Requires that an application shall be filed in accordance with the following time lines:
   1. Within three years of the date of the crime;
   2. Three years after the victim attains 18 year of age;
   3. Three years of the time the victim or derivative victim knew or in the exercise of ordinary diligence could have discovered than an injury or death had been sustained as a direct result of crime, whichever is later; or,
   4. If the application is based on one of the specified sex crimes against minors, the application may be filed any time prior to the victim's 28th birthday.
4. Allows the board to grant an extension of the applicable time period for good cause. In making this determination, the board shall consider all of the following:
   1. Whether the victim or derivative victim incurs emotional harm or a pecuniary loss while testifying during the prosecution or in the punishment of the person accused or convicted of the crime; and
   2. Whether the victim or derivative victim incurs emotional harm or a pecuniary loss when the person convicted of the crime is scheduled for a parole hearing or released from incarceration.
5. Allows the board to deny an application if the victim or derivative victim fails to cooperate in the verification of information contained in the application.
6. States that, except as provided by specified sections of the Government Code, a person is eligible for compensation when all of the following requirements are met:
   1. The person for whom compensation is being sought is a victim, a derivative victim, or a person who is entitled to reimbursement for funeral, burial or crime scene clean-up; and,
   2. Either of the following conditions is met:
      1. The crime occurred within California, whether or not the victim is a resident of California, or
      2. Whether or not the crime occurred in California, the victim was any of the following:
         1. A California resident;
         2. A member of the military stationed in California; or,
         3. A family member living with a member of the military stationed in California.
   3. If compensation is being sought for derivative victim, the derivative victim is a resident of California, or the resident of another state who is any of the following:
      1. At the time of the crimes was the parent, grandparent, sibling, spouse, child or grandchild of the victim.
      2. At the time of the crime was living in the household of the victim.
      3. At the time of the crime was a person who had previously lived in the house of the victim for a person of not less than two years in a relationship substantially similar to a previously listed relationship.
      4. Another family member of the victim including, but not limited to, the victim's fiancé or fiancée, and who witnessed the crime.
      5. Is the primary caretaker of a minor victim, but was not the primary caretaker at the time of the crime.
   4. And other specified requirements, including that the application is timely.
7. Disqualifies certain individuals from eligibility.
8. Authorizes the board to reimburse for pecuniary loss for the following types of losses:
   1. Medical or medical-related expenses incurred by the victim for services provided by a licensed medical provider;
   2. Out-patient psychiatric, psychological or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services;
   3. Compensation equal to the loss of income or loss of support, or both, that a victim or derivative victim incurs as a direct result of the victim's injury or the victim's death,
   4. Cash payment to, or on behalf of, the victim for job retraining or similar employment-oriented services;
   5. The expense of installing or increasing residential security, not to exceed $1,000;
   6. The expense of renovating or retrofitting a victim's residence or vehicle to make them accessible or operational, if it is medically necessary;
   7. Relocation expenses up to $2,000 if the expenses are determined by law enforcement to be necessary for the victim's personal safety, or by a mental health treatment provider to be necessary for the emotional well-being of the victim; and,
   8. Funeral or burial expenses.
9. Limits the total award to or on behalf of each victim or derivative victim to $70,000.

FISCAL EFFECT: According to the Assembly Appropriations Committee, minor costs (Restitution Fund/federal funds), unlikely to reach $150,000, for CalVCB to reimburse more expenses since minor victims will have a more time to seek victim compensation.

COMMENTS: According to the author, ''Both youth under the age of 18 and young adults between the ages of 18-24 are particularly vulnerable following victimization.

''Youth who have missed work or school to recover should receive financial support for counseling, therapy, and education or hospital bills. Reimbursement from CalVCB can be used to help pay for these and other essential expenses such as food, rent, and transportation.

''Stigma, depression, self-blaming, and lack of support are examples of barriers that contribute to the difficulty in addressing these traumas, especially for youth from marginalized, low-income, minority, and immigrant communities. Unfortunately, an understandable delay on the part of a youth or young person becoming comfortable seeking victim compensation can result in them not being eligible for this crucial assistance.

''SB 1232 will afford victims of crime more time to apply for victim's compensation, allowing youth and young adults to receive the support and care they need. Ultimately, this bill will help prevent the cycle of crime and victimization, helping individuals, families, and communities heal.''

Please see the policy committee analysis for a full discussion of this bill.

Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0003676

Date of Hearing: June 27, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

SBPCA Bill Id:SB 1232

Author:(Bradford) – As Introduced Ver:February 15, 2018

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

SUMMARY:

This bill extends the time limit for a minor victim to file an application for compensation under the California Victim Compensation Board (CalVCB)’s victim compensation program to within three years after the victim turns 21 years of age, instead of within three years after the victim turns 18 years of age.

FISCAL EFFECT:

Minor costs (Restitution Fund/federal funds), unlikely to reach $150,000, for CalVCB to reimburse more expenses since minor victims will have a more time to seek victim compensation.

COMMENTS:

1. Background and purpose. CalVCB’s victim compensation program reimburses victims of violent crimes for various crime-related expenses, such as medical and mental health services. Under current law, a minor victim has until three years from their 18^th birthday to file a claim for victim compensation. This bill will extend that time to three years from the victims 21^st birthday to allow more time for minors to obtain reimbursement for needed services such as mental health counseling. According to the author:

SB 1232 will afford victims of crime more time to apply for victim’s compensation, allowing youth and young adults to receive the support and care they need. Ultimately, this bill will help prevent the cycle of crime and victimization, helping individuals, families, and communities heal.

Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081

Date of Hearing: June 12, 2018

Counsel: Sandy Uribe

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

SBPCA Bill Id:SB 1232

Author:(Bradford) – As Introduced Ver:February 15, 2018

SUMMARY: Extends the time limit for a minor victim to file an application for compensation under the California Victim Compensation Program (CalVCP) to within three years after the victim turns 21 years of age. Specifically, this bill: Requires an application for compensation to be filed within three years after a minor victim attains 21, instead of 18, years of age.

EXISTING LAW:

1. Establishes the California Victims Compensation Claims Board (board) to operate the CalVCP. (Gov. Code, §§ 13950 et. seq.)
2. Provides than an application for compensation shall be filed with the board in the manner determined by the board. (Gov. Code, § 13952, subd. (a).)
3. Requires that an application shall be filed in accordance with the following time lines:
   1. Within three years of the date of the crime;
   2. Three years after the victim attains 18 year of age;
   3. Three years of the time the victim or derivative victim knew or in the exercise of ordinary diligence could have discovered than an injury or death had been sustained as a direct result of crime, whichever is later; or,
   4. If the application is based on one of the specified sex crimes against minors, the application may be filed any time prior to the victim's 28th birthday. (Gov. Code, § 13953, subd. (a).)
4. Allows the board to grant an extension of the applicable time period for good cause. In making this determination, the board shall consider all of the following:
   1. Whether the victim or derivative victim incurs emotional harm or a pecuniary loss while testifying during the prosecution or in the punishment of the person accused or convicted of the crime; and
   2. Whether the victim or derivative victim incurs emotional harm or a pecuniary loss when the person convicted of the crime is scheduled for a parole hearing or released from incarceration. (Gov. Code, § 13953, subd. (b).)
5. Allows the board to deny an application if the victim or derivative victim fails to cooperate in the verification of information contained in the application. (Gov. Code, § 13954, subd. (b)(1).)
6. States that, except as provided by specified sections of the Government Code, a person is eligible for compensation when all of the following requirements are met:
   1. The person for whom compensation is being sought is a victim, a derivative victim, or a person who is entitled to reimbursement for funeral, burial or crime scene clean-up; and,
      
   2. Either of the following conditions is met:
      
      1. The crime occurred within California, whether or not the victim is a resident of California, or
         
      2. Whether or not the crime occurred in California, the victim was any of the following:
         
         1. A California resident;
            
         2. A member of the military stationed in California; or,
            
         3. A family member living with a member of the military stationed in California.
            
   3. If compensation is being sought for derivative victim, the derivative victim is a resident of California, or the resident of another state who is any of the following:
      
      1. At the time of the crimes was the parent, grandparent, sibling, spouse, child or grandchild of the victim.
         
      2. At the time of the crime was living in the household of the victim.
         
      3. At the time of the crime was a person who had previously lived in the house of the victim for a person of not less than two years in a relationship substantially similar to a previously listed relationship.
         
      4. Another family member of the victim including, but not limited to, the victim's fiancé or fiancée, and who witnessed the crime.
         
      5. Is the primary caretaker of a minor victim, but was not the primary caretaker at the time of the crime.
         
   4. And other specified requirements, including that the application is timely. (Gov. Code, § 13955.)
7. Disqualifies certain individuals from eligibility. (Gov. Code, § 13956.)
8. Authorizes the board to reimburse for pecuniary loss for the following types of losses:
   1. Medical or medical-related expenses incurred by the victim for services provided by a licensed medical provider;
      
   2. Out-patient psychiatric, psychological or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services;
      
   3. Compensation equal to the loss of income or loss of support, or both, that a victim or derivative victim incurs as a direct result of the victim’s injury or the victim’s death,
      
   4. Cash payment to, or on behalf of, the victim for job retraining or similar employment-oriented services;
      
   5. The expense of installing or increasing residential security, not to exceed $1,000;
      
   6. The expense of renovating or retrofitting a victim’s residence or vehicle to make them accessible or operational, if it is medically necessary;
      
   7. Relocation expenses up to $2,000 if the expenses are determined by law enforcement to be necessary for the victim's personal safety, or by a mental health treatment provider to be necessary for the emotional well-being of the victim; and,
      
   8. Funeral or burial expenses. (Gov. Code, §§ 13957, subd. (a) & 13957.5, subd. (a).)
      
9. Limits the total award to or on behalf of each victim or derivative victim to $70,000. (Gov. Code, §§ 13957, subd. (b), & 13957.5, subd. (b).)

FISCAL EFFECT: Unknown.

COMMENTS:

1. Author's Statement: According to the author, “Both youth under the age of 18 and young adults between the ages of 18-24 are particularly vulnerable following victimization.
   
   “Youth who have missed work or school to recover should receive financial support for counseling, therapy, and education or hospital bills. Reimbursement from CalVCB can be used to help pay for these and other essential expenses such as food, rent, and transportation.
   
   “Stigma, depression, self-blaming, and lack of support are examples of barriers that contribute to the difficulty in addressing these traumas, especially for youth from marginalized, low-income, minority, and immigrant communities. Unfortunately, an understandable delay on the part of a youth or young person becoming comfortable seeking victim compensation can result in them not being eligible for this crucial assistance.
   
   “SB 1232 will afford victims of crime more time to apply for victim’s compensation, allowing youth and young adults to receive the support and care they need. Ultimately, this bill will help prevent the cycle of crime and victimization, helping individuals, families, and communities heal.”
   
2. CalVCP: The CalVCP provides compensation for victims of violent crime, or more specifically those who have been physically injured or threatened with injury. It reimburses eligible victims for many crime-related expenses, such as medical treatment, mental health services, funeral expenses, and home security. Funding for the board comes from restitution fines and penalty assessments paid by criminal offenders, as well as from federal matching funds. (See board Website <http://www.vcgcb.ca.gov/board>.)
   
3. Timeliness of Application for Compensation: An application for compensation must be filed in a timely manner. Timeliness of the application is specified in statute requiring the application to be filed three years of the date of the crime, three years after the victim attains 18 years of age, or three years of the time the victim or derivative victim knew or in the exercise of ordinary diligence could have discovered that an injury or death had been sustained as a direct result of crime, whichever is later. In addition, applications for compensation based certain sex crimes against minors may be filed any time prior to the victim’s 28^th birthday. (Gov. Code, § 13953, subd. (a).) The board may however, for good cause, grant an extension of the specified time periods under some circumstances. (Gov. Code, § 13953, subd. (b).)

This bill would extend the time limit to file an application for compensation within three years after a victim attains age 21, instead of 18. All other time periods remain unchanged.

1. Argument in Support: According to the California Chapter of the National Association of Social Workers, “Youth under the age of 18 and young adults between the ages of 18 and 24 are particularly vulnerable following victimization. The trauma that young crime victims experience can create a negative neurological response in their developing brain, affecting their ability to focus, organize, and process information. This often has a lasting impact on their rate of maturation, and educational, and career development. Youth who have missed work or school to recover from trauma should receive financial support for counseling, therapy, education, hospital bills and other essential expenses such as food, rent, and transportation.
   
   “Stigma, depression, self-blaming, and lack of support are examples of barriers that contribute to the difficulty in addressing these traumas, especially for youth from marginalized, low-income, minority, and immigrant communities. SB 1232 will afford victims of crime an increased opportunity to receive support and care they need. Ultimately, this bill will help prevent the cycle of crime and victimization, helping individuals, families, and communities heal.”
   
2. Related Legislation:
   
   1. AB 900 (Gonzalez Fletcher) authorizes the board to provide compensation equal to loss of income or support to human trafficking victims, as specified. AB 900 is pending in the Senate Appropriations Committee.
      
   2. AB 1939 (Steinorth) includes temporary housing for the victim’s pets as part of relocation expenses which are reimbursable by the board. AB 1939 is pending referral by the Senate Rules Committee.
      
   3. SB 1005 (Atkins) includes a pet deposit and additional rent required if the victim has a pet in relocation expenses reimbursable by the board. SB 1232 will be heard in this Committee today.
      
3. Prior Legislation: AB 1061 (Gloria), of the 2017-2018 Legislative Session, would have, in pertinent part, conformed the application deadline for victims of sex crimes to the statute of limitations for those crimes. AB 1061 was held on the Assembly Appropriations Suspense File.

REGISTERED SUPPORT / OPPOSITION:

Support

Californians for Safety and Justice (Sponsor)
California Catholic Conference
California District Attorneys Association
Community Hospice
Joyful Heart Foundation
National Association of Social Workers – California Chapter

Opposition

None

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

 THIRD READING  

Bill No: SB 1232

Author:

:

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/10/18

AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 4/23/18

AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener

SUBJECT:

SOURCE: Californians for Safety and Justice

DIGEST:

This bill extends the time limit to file an application for compensation with the California Victims Compensation Board within three years after the victim turns 21, instead of 18, years of age.

ANALYSIS:

Existing law:

1. States that the Legislature finds and declares that it is in the public interest to assist residents of the State of California in obtaining compensation for the pecuniary losses they suffer as a direct result of criminal acts. (Gov. Code, § 13950, subd. (a).)
2. Establishes the California Victims Compensation Claims Board (board) to operate the California Victim Compensation Program. (Gov. Code, §§ 13950 et. seq.)
3. Provides than an application for compensation shall be filed with the board in the manner determined by the board. (Gov. Code, § 13952, subd. (a).)
4. Requires that an application shall be filed in accordance with the following time lines:
   1. Within three years of the date of the crime;
   2. Three years after the victim attains 18 year of age;
   3. Three years of the time the victim or derivative victim knew or in the exercise of ordinary diligence could have discovered than an injury or death had been sustained as a direct result of crime, whichever is later; or,
   4. If the application is based on one of the specified sex crimes against minors, the application may be filed any time prior to the victim’s 28th birthday. (Gov. Code, § 13953, subd. (a).)
5. Authorizes the board to grant an extension of the applicable time period for good cause. In making this determination, the board shall consider all of the following:
   1. Whether the victim or derivative victim incurs emotional harm or a pecuniary loss while testifying during the prosecution or in the punishment of the person accused or convicted of the crime; and,
   2. Whether the victim or derivative victim incurs emotional harm or a pecuniary loss when the person convicted of the crime is scheduled for a parole hearing or released from incarceration. (Gov. Code, § 13953, subd. (b).)

This bill requires an application to be filed within three years after the victim attains 21, instead of 18, years of age.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, the board anticipates that this bill would have a minor and absorbable cost. (Restitution Fund)

SUPPORT: (Verified 4/23/18)

Californians for Safety and Justice (source)

A New Way of Life Re-entry Project

California Catholic Conference

California District Attorneys Association

Joyful Heart Foundation

National Association of Social Workers – California Chapter

Youth ALIVE!

OPPOSITION: (Verified 4/23/18)

None received

Prepared by:

4/25/18 13:56:54

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SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

SB 1232 (Bradford) - Victims of crime: application for compensation

This bill does not meet the criteria for referral to the Suspense File.

Bill Summary:

SB 1232 would allow a victim to file a claim for compensation with the California Victim Compensation Board within three years of turning twenty-one, instead of eighteen, years of age, except as specified.

Fiscal Impact:

The California Victim Compensation Board (VCB) anticipates that this bill would have a minor and absorbable cost. (Restitution Fund)

Background:

Victims and derivative victims of specified types of crimes generally are provided compensation by VCB from the Restitution Fund, a continuously-appropriated fund, for specified losses suffered as a result of those crimes. An application for compensation must be filed within the later of certain time periods, including within three years after the victim reaches eighteen years of age. Minor victims of certain sexual offenses are allowed to file a claim until the age of twenty-eight. Additionally, there are certain good-cause exceptions for accepting applications after the deadline.

Proposed Law:

This bill would require a victim to file an application for compensation within three years after he or she reaches twenty-one, instead of eighteen, years of age.

Related Legislation:

SB 1005 would authorize VCB to compensate a crime victim for a pet deposit and additional rent required if the victim has a pet. SB 1005 is pending on the Senate Floor.

Staff Comments:

Currently, VCB receives an average of 166 applications for compensation annually that are filed by or on behalf of victims under eighteen years of age. Of those applications, eight, on average, are ultimately denied for filing after the deadline. The average payment to minor victims whose applications were approved is about $1,200. The estimated total payment if the average of eight denied applications were allowed is approximately $10,000.

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SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2017 - 2018 Regular

Bill No: SB 1232 Hearing Date: April 10, 2018

Subject: Victims of Crime: Application for Compensation

HISTORY

Source: Californians for Safety and Justice

Prior Legislation: SB 381 (de León), 2017, held in Assembly Appropriations Comm.

AB 1061 (Gloria), 2017, held in Assembly Appropriations Comm.

SB 556 (de León), 2016, held in Assembly Appropriations Comm.

AB 2160 (Bonta), 2016, held in Assembly Appropriations Comm.

SB 1324 (Hancock), Ch. 730, Stats. 2016

AB 1563 (Rodriguez), Ch. 121, Stats. 2016

AB 1140 (Bonta), Ch. 569, Stats. 2015

AB 2685 (Cooley), Ch. 508, Stats. 2014

SB 1299 (Wright), Ch. 870, Stats. 2012

Support: A New Way of Life Re-Entry Project; California Catholic Conference; California District Attorneys Association; Joyful Heart Foundation; National Association of Social Workers – California Chapter; Youth Alive

Opposition: None known

PURPOSE

The purpose of this bill is to extend the time limit to file an application for compensation with the California Victims Compensation Board within three years after the victim turns 21, instead of 18, years of age.

Existing law states that the Legislature finds and declares that it is in the public interest to assist residents of the State of California in obtaining compensation for the pecuniary losses they suffer as a direct result of criminal acts. (Gov. Code, § 13950, subd. (a).)

Existing law establishes the California Victims Compensation Claims Board (board) to operate the California Victim Compensation Program (CalVCP). (Gov. Code, §§ 13950 et. seq.)

Existing law authorizes the board to reimburse for pecuniary loss for the following types of losses:

• Medical or medical-related expenses incurred by the victim for services provided by a licensed medical provider;
• Out-patient psychiatric, psychological or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by a rape crisis center;
• Compensation equal to the loss of income or loss of support, or both, that a victim or derivative victim incurs as a direct result of the victim’s injury or the victim’s death;
• Cash payment to, or on behalf of, the victim for job retraining or similar employment-oriented services;
• The expense of installing or increasing residential security, not to exceed $1,000;
• The expense of renovating or retrofitting a victim’s residence or a vehicle to make them accessible or operational, if it is medically necessary;
• Relocation expenses up to $2,000 if the expenses are determined by law enforcement to be necessary for the victim's personal safety, or by a mental health treatment provider to be necessary for the emotional well-being of the victim; and,
• Funeral or burial expenses. (Gov. Code, § 13957, subd. (a).)

Existing law limits the total award to or on behalf of each victim to $35,000, except that this amount may be increased up to $70,000 if federal funds for that increase are available. (Gov. Code, § 13957, subd. (b).)

Existing law provides than an application for compensation shall be filed with the board in the manner determined by the board. (Gov. Code, § 13952, subd. (a).)

Existing law requires that an application shall be filed in accordance with the following time lines:

• Within three years of the date of the crime;
• Three years after the victim attains 18 year of age;
• Three years of the time the victim or derivative victim knew or in the exercise of ordinary diligence could have discovered than an injury or death had been sustained as a direct result of crime, whichever is later; or,
• If the application is based on one of the specified sex crimes against minors, the application may be filed any time prior to the victim’s 28th birthday. (Gov. Code, § 13953, subd. (a).)

Existing law authorizes the board to grant an extension of the applicable time period for good cause. In making this determination, the board shall consider all of the following:

• Whether the victim or derivative victim incurs emotional harm or a pecuniary loss while testifying during the prosecution or in the punishment of the person accused or convicted of the crime; and,
• Whether the victim or derivative victim incurs emotional harm or a pecuniary loss when the person convicted of the crime is scheduled for a parole hearing or released from incarceration. (Gov. Code, § 13953, subd. (b).)

This bill requires an application to be filed within three years after the victim attains 21, instead of 18, years of age.

COMMENTS

1. Need for This Bill

According to the author:

Both youth under the age of 18 and young adults between the ages of 18-24 are particularly vulnerable following victimization.

Youth who have missed work or school to recover should receive financial support for counseling, therapy, and education or hospital bills. Reimbursement from [the California Victims Compensation Board] CalVCB can be used to help pay for these and other essential expenses such as food, rent, and transportation.

Stigma, depression, self-blaming, and lack of support are examples of barriers that contribute to the difficulty in addressing these traumas, especially for youth from marginalized, low-income, minority, and immigrant communities. Unfortunately, an understandable delay on the part of a youth or young person becoming comfortable seeking victim compensation can result in them not being eligible for this crucial assistance.

SB 1232 will afford victims of crime more time to apply for victim’s compensation, allowing youth and young adults to receive the support and care they need. Ultimately, this bill will help prevent the cycle of crime and victimization, helping individuals, families, and communities heal.

2. Purpose and History of CalVCP

The victim compensation program was created in 1965, the first such program in the country. The board provides compensation for victims of violent crime. It reimburses eligible victims for many crime-related expenses, such as counseling and medical fees. Funding for the board comes from restitution fines and penalty assessments paid by criminal offenders, as well as federal matching funds. (See the California Victim Compensation Board’s website <http://www.vcgcb.ca.gov/board/> [as of Mar. 26, 2018].)

3. Current Eligibility Requirements for Compensation

Under current law, the CalVCP reimburses eligible victims for specified expenses such as counseling and medical fees. Eligible persons are victims and derivative victims and the crime either occurred in California or the victim is a resident of California or a member or a family member living with a member of the military stationed in California. The victim or derivative victim must have sustained either physical injury or emotional injury for specified crimes.

Acts involving a motor vehicle, aircraft, or water vehicle do not constitute a crime for the purposes of reimbursement except as specified.

The application must also be filed in a timely manner. Timeliness of the application is specified in statute requiring the application to be filed three years of the date of the crime, three years after the victim attains 18 years of age, or three years of the time the victim or derivative victim knew or in the exercise of ordinary diligence could have discovered that an injury or death had been sustained as a direct result of crime, whichever is later. Certain specified crimes against minors may be filed any time prior to the victim’s 28^th birthday. The board may however, for good cause, grant an extension of the specified time periods, as specified.

This bill extends the time limit to file an application for compensation within three years after the victim attains 21, instead of 18, years of age. All other time periods remain unchanged.

4. Argument in Support

Californians for Safety and Justice, the sponsor of this bill, writes:

Research has shown that, like youth aged 18 and younger, young adults between the ages of 18-24 are particularly vulnerable following victimization. They are also the most at-risk for later becoming involved in criminal activity if their needs are not met.

Trauma creates a negative neurobiological response in a developing brain and has a consequential relationship on a young person’s maturation, including educational maturation and achievement. It can reduce the ability to focus, organize, and process information. If unaddressed, traumas suffered in youth can place youth and young adults on a pathway to becoming involved in criminal activity in their adult years.

These same effects of trauma, of course, make it difficult for young crime victims from marginalized, low-income, minority and immigrant communities to muster the wherewithal to successfully apply for financial assistance from the California Victim Compensation Board Restitution Fund is—a daunting task for any crime victim. By extending the period during which young crime victims who have suffered trauma can apply for compensation from the California Victim Compensation Board, this bill will reduce a significant barrier to young victims receiving the medical care and other assistance they need in order to recover and break the cycle of crime and trauma and its devastating impact upon our youth and their communities.

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