SB 655

Bill Subjects

Abstract

Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, which is continuously appropriated to the California Victim Compensation Board. Existing law defines terms for the purpose of determining the eligibility of victims of crime for compensation from the Restitution Fund. This bill would make changes to the definition of "derivative victim" and "victim" and would define "victim of violent crime advocate" for purposes of these provisions. Existing law requires an application for compensation to be filed with the board in a manner determined by the board, authorizes the board to require submission of additional information, and requires the board to communicate any determination made with respect to the adequacy of the information received from the applicant, as specified. Existing law also requires the board to verify information with various entities, including hospitals and law enforcement officials, as specified. Existing law also creates a process for the board's verification of information, including by requiring the applicant to cooperate with the board, as specified. This bill would prohibit the board from requiring submission of additional information solely to verify that a crime occurred, as specified. The bill would also change how the board must communicate with the applicant about the adequacy of the information received from the applicant. The bill would also authorize the board to verify information, but not require the board to do so, and would prohibit the board from seeking or requiring additional information solely to verify that the crime occurred if the board has already received a valid form of verification, as specified. The bill would remove the requirement that an applicant cooperate with the board, and change the verification procedure in various ways, as specified. The bill would also require the board to accept certain information as evidence to verify that a crime occurred, as specified. Existing law specifies how an emergency award may be made to a person eligible for compensation from the board. This bill would establish a presumption of substantial hardship for emergency award requests for relocation or funeral and burial expenses, as specified. Existing law authorizes the board to deny an application based on the nature of the victim's or other applicant's involvement in the events leading up to the crime, as specified, and requires the board to deny an application for compensation if it finds that the victim or derivative victim failed to cooperate reasonably with a law enforcement agency in the apprehension and conviction of a criminal committing the crime. Existing law also prohibits a person who is convicted of a violent felony to receive compensation, as specified. This bill would delete those provisions. Existing law authorizes the board to compensate for pecuniary loss, including a cash payment or reimbursement to a victim for expenses incurred in relocating, subject to specified conditions. This bill would change those conditions for cash payment or reimbursement of relocation expenses, and would authorize a derivative victim to receive this cash payment or reimbursement, as specified. By expanding eligibility for compensation from a continuously appropriated fund, this bill would make an appropriation. Existing law authorizes the board to establish service limitations for reimbursement of medical and medical-related services and for mental health and counseling services. Existing law authorizes the board to request an independent examination and report from any provider of medical or medical-related services or psychological or psychiatric treatment or mental health counseling services, if it believes there is a reasonable basis for requesting an additional evaluation, as specified. This bill would remove the board's authority to establish service limitations and to request an independent examination and report from any provider of medical or medical-related services or psychological or psychiatric treatment or mental health counseling services. By removing limits on compensation from a continuously appropriated fund, this bill would make an appropriation. Existing law requires the board to approve or deny applications within an average of 90 calendar days and no later than 180 calendar days, as specified. This bill would require the board to approve or deny applications within an average of 30 days and no later than 60 calendar days, as specified. The bill would also require the board to communicate a determination made to approve or deny an application in specified ways. The bill would also require the board to adopt guidelines governing the information to include in these communications, as specified. Existing law authorizes judicial review of a final decision made under these provisions by filing a petition for a writ of mandate, as specified. Existing law requires the petition to be filed within 30 calendar days of personal delivery or within 60 calendar days of the mailing of specified documents. This bill would instead require the petition to be filed within 365 calendar days of personal delivery or the mailing of those documents.