Existing law provides for the indemnification of victims of specified types of crimes by the California Victim Compensation Board, subject to specified criteria for, among other things, submission and verification of applications. Existing law requires the board to approve or deny applications, based on recommendations of the board staff, within an average of 90 calendar days and no later than 180 calendar days of acceptance by the board or victim center. Existing law requires the board to report to the Legislature, on a quarterly basis, its progress and its current average time of processing applications if the board does not meet the prescribed 90-day average standard.

This bill would define time of processing applications for purposes of these provisions and would require the board to post on its Internet Web site, on an annual basis, its progress and current average time of processing applications, the number of applications approved, and the number of applications denied, and the number of incomplete applications received. denied.

Existing law provides for the indemnification of victims of specified types of crimes by the California Victim Compensation Board, subject to specified criteria for, among other things, submission and verification of applications. Existing law requires the board to approve or deny applications, based on recommendations of the board staff, within an average of 90 calendar days and no later than 180 calendar days of acceptance by the board or victim center. Existing law requires the board to report to the Legislature, on a quarterly basis, its progress and its current average time of processing applications if the board does not meet the prescribed 90-day average standard.

This bill would define time of processing applications for purposes of these provisions and would require the board to post on its Internet Web site, on an annual basis, its progress and current average time of processing applications, the number of applications approved, the number of applications denied, and the number of incomplete applications received.

Date of Hearing: June 28, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

SBPCA Bill Id:SB 381

Author:(De León) – As Amended Ver:June 6, 2017

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

SUMMARY:

This bill requires the California Victim Compensation Board (Board) to post, on an annual basis, specific information about the processing of applications for victim compensation on its Web site, and provides the time period of processing applications begins when the board first receives the application.

FISCAL EFFECT:

Minor absorbable costs to the Board.

COMMENTS:

1. Background: The Board provides compensation for victims of violent crime. It reimburses eligible victims for many crime-related expenses, such as medical treatment, mental health services, funeral expenses, home security, and relocation services. Funding for the Board comes from restitution fines and penalty assessments paid by criminal offenders, as well as federal matching funds.

In 2008, the Bureau of State Audits (Bureau) conducted a review of the Board; one of the areas the bureau considered was how long it took the Board to process applications. The Bureau concluded that, at times, applications were not processed in a timely manner. Also, it was determined that the Board considers the date of acceptance to be the date that it determines it has received an application that is 'complete' rather than the date that it receives an application.

1. Purpose. SB 381 requires the Board to post the number of applications approved and denied annually, as well as the current average time of processing applications. The Board’s Web site already provides some statistical data on claims, including information regarding the average time for the processing of applications, but not the information requested in this bill. Also, SB 381 defines the processing time between the receipt of the application and when the determination is made to approve or deny the application.
2. Support. The Los Angeles Deputy Sheriffs Association indicates SB 381 would provide information about the average timeline and volume of applications, thus, better ensuring victims learn how the system works, and they receive assistance in a more timely manner.

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

Date of Hearing: June 13, 2017

Counsel: Sandy Uribe

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

SBPCA Bill Id:SB 381

Author:(De León) – As Amended Ver:June 6, 2017

SUMMARY: Requires the Victim Compensation Board to post specific information about the processing of applications for victim compensation on its Web site, and defines the time period of processing applications. Specifically, this bill:

1. Requires the board to annually post on its Web site the following:
   
   1. Progress and current average time of processing applications; and,
      
   2. The number of approved and denied applications.
      
2. Defines “time of processing applications” as “the period of time, including all calendar days, that begins when the board first receives an application and ends when a determination is made to approve or deny the application and notice of that determination is sent to the applicant.”

EXISTING LAW:

1. Establishes the board to operate the California Victim Compensation Program (CalVCP). (Gov. Code, § 13950 et. seq.)
   
2. Provides that an application for compensation shall be filed with the board in the manner determined by the board. (Gov. Code, § 13952, subd. (a).)
   
3. 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).)
   
4. Requires the board, if it fails to meet the 90-day average, to report to the Legislature on a quarterly basis its progress and current average processing time. (Gov. Code, § 13958, subd. (b).)
   
5. Provides that if the board does not approve or deny a claim within 180 days of the date it is accepted, the board shall advise the applicant in writing of the reasons for the failure to approve or deny the application. (Gov. Code, § 13958.)

FISCAL EFFECT: Unknown

COMMENTS:

1. Author's Statement: According to the author, “Through the California Victim Compensation Program (CalVCP), California has been helping victims by covering the cost of bills and expenses resulting from certain violent crimes. Many times, these expenses include medical treatment, mental health services, and lost income. A person seeking assistance must first submit an application to the program to determine eligibility. To curb processing delays and help ensure that victims receive compensation as quickly as possible, the Legislature required CalVCP to approve or deny applications within an average of 90 days and to report to the Legislature whenever the 90-day-average standard was not being met. Shortly after this requirement went into effect, however, CalVCP changed its method of calculating the application processing time by starting the clock only when an application received is completed, leaving the time an application is first received, but not fully filled out, outside of the official processing time. Consequently, minor deficiencies in applications, such as leaving a box unchecked about if the victim intends to file a lawsuit, have led to some applications being held up for extended lengths of time but not being reflected in CalVCP’s average processing time calculation. This method is not a true reflection of how long it takes the program to process applications and may be masking issues of lengthy processing times that hinder crime victims in their efforts towards rehabilitation and moving on with their lives because they get stuck with paying bills out of pocket or otherwise foregoing treatment or services.
   
   “SB 381 will help ensure that crime victims receive assistance in a timely manner by clarifying the start and end times that CalVCP uses in processing applications to determine program eligibility, and it will make processing data readily available to the public.”
   
2. Background: The CalVCP provides compensation for victims of violent crime. It reimburses eligible victims for many crime-related expenses, such as medical treatment, mental health services, funeral expenses, home security, and relocation services. Funding for the board comes from restitution fines and penalty assessments paid by criminal offenders, as well as federal matching funds. (See CVGCB Website <http://www.vcgcb.ca.gov/board>.)
   
3. Bureau of State Audit Recommendations: In 2008, the Bureau of State Audits conducted a review of the CalVCP. (Victim Compensation and Government Claims Board: It Has Begun Improving the Victim Compensation Program, but More Remains to Be Done, (Dec. 2008), <http://www.bsa.ca.gov/pdfs/reports/2008-113.pdf>.) One of the areas the bureau considered was how long it took the board to process applications. The bureau concluded that, at times, applications were not processed in a timely manner:

State law related to eligibility determinations for the program requires the board to approve or deny applications, based on the recommendation of board staff, within an average of 90 calendar days, and no later than 180 calendar days after the acceptance date for an individual application. For the 49 applications we reviewed, the board’s average processing time was 76 days, which is well within the statutory average. However, the board did not make a determination within 180 days in two instances. We also noted various instances in which the board did not demonstrate that it approved or denied the applications as promptly as it could have after receiving the information necessary to make the determination. (Id. at pp. 30-31.)

For the 49 applications we reviewed from fiscal years 2003–04 through 2007–08, we found that the board’s average processing time was 76 days, which is well within the 90‑day average required under state law. However, we noted that in 16 of the 49 applications we reviewed, the board took more than 90 days from acceptance to notify the applicant of its recommended decision to approve or deny the application. Although taking more than 90 days to approve or deny an individual application is not a violation of state law, any unnecessary delays in processing contribute to crime victims waiting longer than necessary to be reimbursed for out‑of‑pocket expenses. Delays may also cause providers to become frustrated and stop participating in the program, reducing services available to crime victims and their families. (Id. at p. 31.)

The bureau discussed the board's process as follows:

The board considers the date of acceptance to be the date that it determines it has received an application that is 'complete' rather than the date that it receives an application. State regulations describe a complete application as including, among other things, information requested from the applicant that allows board staff to confirm that the applicant is qualified and a crime report or other documentation necessary to corroborate that a qualifying crime occurred. Our legal counsel advised us that the board's interpretation does not conflict with any of the statutes governing the processing of applications. (Id. at p. 32.)

This bill specifies that, for purposes of calculating time of processing applications, the time period begins to run when the board receives the application, rather than when the board determines the application is complete.

1. CalVCP Statistical Data: This bill requires the board to post the number of applications approved and denied annually, as well as current average time of processing applications.
   
   The board’s Web site already provides some statistical data on claims, including information regarding the average time for processing of applications. (See annual report, <http://www.vcgcb.ca.gov/board/annualreport/15-16.aspx#stats>.)
   
   The Web site notes the following average application processing times since 2010:
   

Fiscal Year FY 2010–11 FY 2011–12 FY 2012–13 FY 2013–14 FY 2014–15 FY 2015–16

Days 62 64 54 59 46 42

The board’s Web site does not currently provide data on the number of applications approved and denied on an annual basis.

1. Argument in Support: According to the Los Angeles Deputy Sheriffs Association, “California helps victims of crime by covering the cost of bills and expenses resulting from certain violent felonies. The expenses can include medical treatment, mental health services, and lost income. A person who seeks assistance must first submit an application to the program to determine eligibility. For reasons such as leaving a box unchecked, not noting whether the victim intends to file a civil suit, or not signing the actual form, some applications get held up and delayed in the process for extended lengths of time. Many eligible victims are left with paying bills out of pocket or otherwise unable to receive treatment or services.
   
   “The Legislature now requires that CalVCP approve or deny claims within an average of 90 days and that the Board report to the Legislature when that standard is not being met. SB 381 would provide information about the average timeline and volume of applications, thus, better ensuring these victims learn how the system works, and they receive the assistance they are promised in a timely manner.
   
2. Related Legislation: AB 1061 (Gloria) would have revised various provisions related to the CalVCP including extending the time to file an application for victims of certain types of crimes. AB 1061 was held on the Assembly Appropriations Suspense File.
   
3. Prior Legislation:
   
   1. SB 556 (), of the 2015-16 Legislative Session, would have defined "application processing time" for the approval or denial of a victim's compensation claim by the CalVCP. SB 556 was moved to the inactive file on the Assembly Floor.
      
   2. SB 972 (Poochigian), Chapter 238, Statutes of 2005, made various changes to facilitate the recovery of restitution from the board.
      
   3. SB 1423 (Chesbro), Chapter 1141, Statutes of 2002, recast and revised numerous provisions of existing law pertaining to the CalVCP, and made many technical and substantive changes, including the time requirements for approval or denial of an application.

REGISTERED SUPPORT / OPPOSITION:

Support

Association of Deputy District Attorneys
Crime Victims United of California
Los Angeles County Probation Officers’ Union
Los Angeles Deputy Sheriffs Association
Los Angeles Police Protective League
Los Angeles County Professional Peace Officers Association

Opposition

None

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

 CONSENT 

Bill No: SB 381

Author: De León (D)

Introduced: 2/14/17

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 3/21/17

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

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT: Victims of crime: indemnification: applications

SOURCE: Author

DIGEST: This bill clarifies the time that the California Victim Compensation Board uses in processing applications and makes specified data related to processing of applications readily available to the public.

ANALYSIS:

Existing law:

1. Establishes the California Victims Compensation Claims Board (board) to operate the California Victim Compensation Program (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. Provides that the board shall approve or deny applications within an average of 90 calendar days and no later than 180 calendar days of acceptance of the application by the board or victim center. (Gov. Code, § 13958.)
4. States that the board shall report quarterly to the Legislature until it has met the time requirements for two consecutive quarters. (Id.)
5. Provides if the board does not approve or deny a claim within 180 days of the date it is accepted, the board shall advise the applicant in writing of the reasons for the failure to approve or deny the application. (Id.)

This bill:

1. Requires the board to annually post on its Web site the following:
   1. Progress and current average time of processing applications;
   2. The number of approved and denied applications; and
   3. The number of incomplete applications received.
2. Defines “time of processing applications” as the period of time that begins with the date the board receives an application and ends when a determination to approve or deny the application has been made and notice of that determination is sent to the applicant.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 4/4/17)

AFSCME, Local 685

Association of Deputy District Attorneys

Crime Victims United

Los Angeles County Probation Officers’ Union

Los Angeles County Professional Peace Officers Association

Los Angeles Deputy Sheriffs

Los Angeles Police Protective League

Riverside Sheriffs Association

OPPOSITION: (Verified 4/4/17)

None received

ARGUMENTS IN SUPPORT: According to the Los Angeles Deputy Sheriffs, “The Legislature now requires CalVCP to approve or deny applications within an average of 90 days and that the Board report to the Legislature when that standard is not met. SB 381 would provide information about the average timeline and volume of applications, thus, better ensuring these victims learn how the system works, and they receive the assistance they are promised in a timely manner.”

Prepared by: Stella Choe / PUB. S. /

4/5/17 14:49:05

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2017 - 2018 Regular

Bill No: SB 381 Hearing Date: March 21, 2017

Subject: Victims of Crime: Indemnification: Applications

HISTORY

Prior Legislation: SB 556 (De León), of the 2015-16 Legislative Session,

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

AB 2809 (Leno), Ch. 587, Stats. 2008
AB 2869 (Leno), Ch. 582, Stats. 2006
AB 2413 (Spitzer), Ch. 571, Stats. 2006
AB 105 (Cohn), Ch. 539, Stats. 2006

SB 972 (Poochigian), Ch. 238, Stats. 2005

SB 631 (McPherson), Ch. 223, Stats. 2004

SB 1423 (Chesbro), Ch. 1141, Stats. 2002

AB 2898 (Bowler), Ch. 1077, Stats. 1996

Support: Crime Victims United of California; Los Angeles County Professional Peace Officers Association

Opposition: None known

PURPOSE

The purpose of this bill is to clarify the time that the California Victim Compensation Board uses in processing applications and to make specified data related to processing of applications readily available to the public.

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 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 provides that the board shall approve or deny applications within an average of 90 calendar days and no later than 180 calendar days of acceptance of the application by the board or victim center.

• The board shall report quarterly to the Legislature until it has met the time requirements for two consecutive quarters.
• If the board does not approve or deny a claim within 180 days of the date it is accepted, the board shall advise the applicant in writing of the reasons for the failure to approve or deny the application. (Gov. Code, § 13958.)

This bill requires the board to annually post on its website the following:

• Progress and current average time of processing applications;
• The number of approved and denied applications; and
• The number of incomplete applications received.

This bill defines “time of processing applications” as the period of time that begins with the date the board receives an application and ends when a determination to approve or deny the application has been made and notice of that determination is sent to the applicant.

COMMENTS

1. Need for This Bill

According to the author of this bill:

Through the California Victim Compensation Program (CalVCP), California has been helping victims by covering the cost of bills and expenses resulting from certain violent crimes. Many times, these expenses include medical treatment, mental health services, and lost income. A person seeking assistance must first submit an application to the program to determine eligibility. To curb processing delays and help ensure that victims receive compensation as quickly as possible, the Legislature required CalVCP to approve or deny applications within an average of 90 day and to report to the Legislature whenever the 90-day-average standard was not being met. Shortly after this requirement went into effect, however, CalVCP changed its method of calculating the application processing time by starting the clock only when an application received is completed, leaving the time an application is first received, but not fully filled out, outside of the official processing time. Consequently, minor deficiencies in applications, such as leaving a box unchecked about if the victim intends to file a lawsuit, have led to some applications being held up for extended lengths of time but not being reflected in CalVCP’s average processing time calculation. This method is not a true reflection of how long it takes the program to process applications and may be masking issues of lengthy processing times that hinder crime victims in their efforts towards rehabilitation and moving on with their lives because they get stuck with paying bills out of pocket or otherwise foregoing treatment or services.

SB 381 will help ensure that crime victims receive assistance in a timely manner by clarifying the start and end times that CalVCP uses in processing applications to determine program eligibility, and it will make processing data readily available to the public.

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 website <http://www.vcgcb.ca.gov/board/> (as of Mar. 8, 2017).)

3. Audit of CalVCP

In 2008, the Bureau of State Audits conducted a review of the CalVCP. (Victim Compensation and Government Claims Board: It Has Begun Improving the Victim Compensation Program, but More Remains to Be Done, (Dec. 2008), <http://www.bsa.ca.gov/pdfs/reports/2008-113.pdf>.) One of the areas the bureau considered was how long it took the board to process applications. The bureau concluded that, at times, applications were not processed in a timely manner:

State law related to eligibility determinations for the program requires the board to approve or deny applications, based on the recommendation of board staff, within an average of 90 calendar days, and no later than 180 calendar days after the acceptance date for an individual application. For the 49 applications we reviewed, the board’s average processing time was 76 days, which is well within the statutory average. However, the board did not make a determination within 180 days in two instances. We also noted various instances in which the board did not demonstrate that it approved or denied the applications as promptly as it could have after receiving the information necessary to make the determination. (Id. at pp. 30-31.)

For the 49 applications we reviewed from fiscal years 2003–04 through 2007–08, we found that the board’s average processing time was 76 days, which is well within the 90‑day average required under state law. However, we noted that in 16 of the 49 applications we reviewed, the board took more than 90 days from acceptance to notify the applicant of its recommended decision to approve or deny the application. Although taking more than 90 days to approve or deny an individual application is not a violation of state law, any unnecessary delays in processing contribute to crime victims waiting longer than necessary to be reimbursed for out‑of‑pocket expenses. Delays may also cause providers to become frustrated and stop participating in the program, reducing services available to crime victims and their families. (Id. at p. 31.)

The bureau discussed the board's process as follows:

The board considers the date of acceptance to be the date that it determines it has received an application that is 'complete' rather than the date that it receives an application. State regulations describe a complete application as including, among other things, information requested from the applicant that allows board staff to confirm that the applicant is qualified and a crime report or other documentation necessary to corroborate that a qualifying crime occurred. Our legal counsel advised us that the board's interpretation does not conflict with any of the statutes governing the processing of applications. (Id. at p. 32.)

This bill would specify that the application processing time begins when the board first receives an application and ends when notice of the determination to approve or deny the claim is sent to the applicant.

4. Recent Changes to CalVCP

The CalVCP underwent various changes after AB 1140 (Bonta), Chapter 569, Statutes of 2015, was enacted. The bill required the application to be written in several languages other than English, and once an applicant chooses his or her preferred language, any subsequent communications must be in the chosen language. The bill provided more guidance on how to deal with applications involving victims of domestic violence, rape, and human trafficking so that these victims will not have their applications denied for failing to provide information at the scene of the crime or failing to report the crime immediately. The bill provided ways to mitigate or overcome the disqualifying factor of involvement in a crime by providing factors that the board should consider. The bill also added new expenses that may be covered and changed the disqualifying factor of a victim who is on parole or probation so that only a person who is a registered sex offender or convicted of a violent felony and currently on parole or probation may be denied.

This committee has been informed by the board that in addition to these changes, the board has also started dealing with incomplete applications in a more time-efficient way. Rather than sending back applications for being incomplete, the board has started calling applicants to complete the form. According to the board, this has reduced the time that an application is considered incomplete and the number of applicants who fail to resend in their applications. Additionally, the board has made available on its website training videos for providers on how to fill out forms in a way to avoid inadvertently disqualifying a victim. Based on these changes and the changes enacted by AB 1140, the board has informed this committee that denials of applications are down to approximately 10 percent of applications.

5. Related Legislation

AB 1061 (Gloria) revises various provisions related to the CalVCP including extending the time to file an application for victims of certain types of crimes and expanding the circumstances that would allow psychiatric, psychological, and mental health counseling to be reimbursed and its application to derivative victims.

-- END –