Bill Text: CA SB1299 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Victims of crime: compensation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-30 - Chaptered by Secretary of State. Chapter 870, Statutes of 2012. [SB1299 Detail]

Download: California-2011-SB1299-Amended.html

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BILL NUMBER: SB 1299	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 16, 2012

INTRODUCED BY   Senator Wright

                        FEBRUARY 23, 2012

   An act to amend Sections 13952,  13952.5, 13953, 
13954,  13956, 13957,  13957.2, 13957.7,  and
 13957.9  , 13958, and 13964  of  ,
 the Government Code, relating to victims of crime.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1299, as amended, Wright. Victims of crime: compensation.
   Existing law provides for the indemnification of victims and
derivative victims of specified types of crimes by the California
Victim Compensation and Government Claims Board, subject to specified
criteria for, among other things, submission and verification of
applications, eligibility for emergency awards and compensation for
specified services, procedures for hearings with respect to the
denial of awards, and publicizing of the program by the board.
Payment is made under these provisions from the Restitution Fund,
which is continuously appropriated to the board for these purposes.
   Existing law authorizes the board to adopt regulations pursuant to
existing law governing matters within its jurisdiction and to
recognize an authorized representative of the victim or derivative
victim who is required to represent the victim or derivative victim
pursuant to rules adopted by the board.
   This bill  would modify several maximum reimbursement and
cash payment amounts available to eligible claimants for specified
incurred expenses. The bill  would include within the
meaning of the term "authorized representative" a county social
worker designated by a county department of social services to
represent a child abuse or elder abuse victim if that victim is
unable to file on his or her own behalf. 
   Existing law authorizes the board to grant an emergency award if
the board determines that such an award is necessary to avoid or
mitigate substantial hardship that may result from delaying
compensation until final consideration of an application. If an
application for an emergency award is denied, the board is required
to notify the applicant in writing reasons for the denial. 

   The bill would establish criteria that limit the reasons for
denial of an emergency award application.  
   Existing law authorizes the board to grant cash payments or
reimbursements for pecuniary loss for, among other things, expenses
incurred in relocating and specified medical, funeral, and burial
expenses when a victim dies as a result of a crime. 

   The bill would modify provisions relating to the above authorized
payments and reimbursements by limiting the award of relocation
expenses to a per family basis.  
   Existing law authorizes the board to establish maximum rates and
service limitations for reimbursement of specified services and
defines certain terms for purposes of the claim payment process.
 
   The bill would provide that any change in maximum rates or service
limitations shall not affect payment or reimbursement of losses
incurred prior to 6 months after the adoption of any changes. The
bill would also modify the definition of the term "qualified provider"
for purposes of reimbursing mental health services claims. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 13952 of the Government Code is amended to
read:
   13952.  (a) An application for compensation shall be filed with
the board in the manner determined by the board.
   (b) (1) The application for compensation shall be verified under
penalty of perjury by the individual who is seeking compensation, who
may be the victim or derivative victim, or an individual seeking
reimbursement for burial, funeral, or crime scene cleanup expenses
pursuant to subdivision (a) of Section 13957. If the individual
seeking compensation is a minor or is incompetent, the application
shall be verified under penalty of perjury or on information and
belief by the parent with legal custody, guardian, conservator, or
relative caregiver of the victim or derivative victim for whom the
application is made. However, if a minor seeks compensation only for
expenses for medical, medical-related, psychiatric, psychological, or
other mental health counseling-related services and the minor is
authorized by statute to consent to those services, the minor may
verify the application for compensation under penalty of perjury.
   (2) For purposes of this subdivision, "relative caregiver" means a
relative as defined in subdivision (i) of Section 6550 of the Family
Code, who assumed primary responsibility for the child while the
child was in the relative's care and control, and who is not a
biological or adoptive parent.
   (c) (1) The board may require submission of additional information
supporting the application that is reasonably necessary to verify
the application and determine eligibility for compensation.
   (2) The staff of the board shall determine whether an application
for compensation contains all of the information required by the
board. If the staff determines that an application does not contain
all of the required information, the staff shall communicate that
determination to the applicant with a brief statement of the
additional information required. The applicant, within 30 calendar
days of being notified that the application is incomplete, may either
supply the additional information or appeal the staff's
determination to the board, which shall review the application to
determine whether it is complete.
   (d) (1) The board may recognize an authorized representative of
the victim or derivative victim, who shall represent the victim or
derivative victim pursuant to rules adopted by the board.
   (2) For purposes of this subdivision, "authorized representative"
means any of the following:
   (A) An attorney.
   (B) If the victim or derivative victim is a minor or an
incompetent adult, the legal guardian or conservator, or an immediate
family member, parent, or relative caregiver who is not the
perpetrator of the crime that gave rise to the claim.
   (C) A victim assistance advocate certified pursuant to Section
13835.10 of the Penal Code.
   (D) An immediate family member of the victim or derivative victim,
who has written authorization by the victim or derivative victim,
and who is not the perpetrator of the crime that gave rise to the
claim.
   (E)  Other persons who shall represent the victim or derivative
victim pursuant to rules adopted by the board.
   (F) A county social worker designated by a county department of
social services to represent a child abuse victim or an elder abuse
victim if that victim is unable to file on his or her own behalf.
   (3) Except for attorney's fees awarded under this chapter, no
authorized representative described in paragraph (2) shall charge,
demand, receive, or collect any amount for services rendered under
this subdivision. 
  SEC. 2.    Section 13952.5 of the Government Code
is amended to read:
   13952.5.  (a) An emergency award shall be available to a person
eligible for compensation pursuant to this chapter if the board
determines that such an award is necessary to avoid or mitigate
substantial hardship that may result from delaying compensation until
complete and final consideration of an application.
   (b) The board shall establish the method for requesting an
emergency award, which may include, but need not be limited to,
requiring submission of the regular application as provided for in
Section 13952.
   (c) (1) The board may grant an emergency award based solely on the
application of the victim or derivative victim. The board may refuse
to grant an emergency award where it has reason to believe that the
applicant will not be eligible for compensation under this chapter.
   (2) By mutual agreement between the staff of the board and the
applicant or the applicant's representative, the staff of the board
may take additional 10-day periods to verify the emergency award
claim and make payment.
   (3) The board may delegate authority to designated staff persons
and designated agencies, including, but not limited to, district
attorneys, probation departments, victim centers, and other victim
service providers approved by the board and under contract with the
board, who shall use guidelines established by the board, to grant
and disburse emergency awards.
   (d) Disbursements of funds for emergency awards shall be made
within 30 calendar days of application.
   (e) (1) If an application for an emergency award is denied, the
board shall notify the applicant in writing of the reasons for the
denial. Reasons for the denial shall be limited to the following
causes:
   (A) The applicant does not meet the requirements of Section 13955.

   (B) It is likely that the application would be denied pursuant to
Section 13956.
   (C) An award is not within the eligible classifications described
in Section 13957.
   (2) An applicant for an emergency award shall not be entitled to a
hearing before the board to contest a denial of an emergency award.
However, denial of an emergency award shall not prevent further
consideration of the application for a regular award and shall not
affect the applicant's right to a hearing pursuant to Section 13959
if staff recommends denial of a regular award.
   (f) (1) If upon final disposition of the regular application, it
is found that the applicant is not eligible for compensation from the
board, the applicant shall reimburse the board for the emergency
award pursuant to an agreed-upon repayment schedule.
   (2) If upon a final disposition of the application, the board
grants compensation to the applicant, the amount of the emergency
award shall be deducted from the final award of compensation. If the
amount of the compensation is less than the amount of the emergency
award, the excess amount shall be treated as an overpayment pursuant
to Section 13965.
   (3) "Final disposition," for the purposes of this section, shall
mean the final decision of the board with respect to the victim's or
derivative victim's application, before any action for judicial
review is instituted.
   (g) The amount of an emergency award shall be dependent upon the
immediate needs of the victim or derivative victim subject to rates
and limitations established by the board.  
  SEC. 3.    Section 13953 of the Government Code is
amended to read:
   13953.  (a) An application for compensation shall be filed within
one year of the date of the crime, one year after the victim attains
18 years of age, or one year 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. An application based on any
crime eligible for prosecution under Section 801.1 of the Penal Code
may be filed any time prior to the victim's 28th birthday.
   (b) The board shall for good cause grant an extension of the time
period in subdivision (a). In making this determination, the board
shall consider any relevant factors, including, but not limited to,
any of the following:
   (1) A recommendation from the prosecuting attorney regarding the
victim's or derivative victim's cooperation with law enforcement and
the prosecuting attorney in the apprehension and prosecution of the
person charged with the crime.
   (2) Whether particular events occurring during the prosecution or
in the punishment of the person convicted of the crime have resulted
in the victim or derivative victim incurring pecuniary loss.
   (3) Whether the nature of the crime is such that a delayed
reporting of the crime is reasonably excusable.
   (4) The victim or derivative victim incurred a pecuniary loss
within 90 days of submission of the application.
   (5) The applicant for the victim or derivative victim declares
under penalty of perjury that he or she was not aware of the program
or of his or her eligibility for the program.
   (c) The period prescribed in this section for filing an
application by or on behalf of a derivative victim shall be tolled
when the board accepts the application filed by a victim of the same
qualifying crime.
   (d) The period prescribed in this section for filing an
application by or on behalf of a victim shall be tolled when the
board accepts the application filed by a derivative victim of the
same qualifying crime. 
   SEC. 4.  SEC. 2.   Section 13954 of the
Government Code is amended to read:
   13954.  (a) The board shall verify with hospitals, physicians, law
enforcement officials, or other interested parties involved, the
treatment of the victim or derivative victim, circumstances of the
crime, amounts paid or received by or for the victim or derivative
victim, and any other pertinent information deemed necessary by the
board. Verification information shall be returned to the board within
10 business days after a request for verification has been made by
the board. Verification information shall be provided at no cost to
the applicant, the board, or victim centers. When requesting
verification information, the board shall certify that a signed
authorization by the applicant is retained in the applicant's file
and that this certification constitutes actual authorization for the
release of information, notwithstanding any other provision of law.
If requested by a physician or mental health provider, the board
shall provide a copy of the signed authorization for the release of
information.
   (b) The victim and the applicant, if other than the victim, shall
cooperate with the staff of the board or the victim center in the
verification of the information contained in the application. Failure
to cooperate shall be reported to the board, which, in its
discretion, may reject the application solely on this ground.
 Failure to respond to letters or telephone calls from the
board shall not be deemed to constitute a lack of cooperation for
purposes of the payment of pecuniary losses described in Section
13957. 
   (c) The board may contract with victim centers to provide
verification of applications processed by the centers pursuant to
conditions stated in subdivision (a). The board and its staff shall
cooperate with the Office of Criminal Justice Planning and victim
centers in conducting training sessions for center personnel and
shall cooperate in the development of standardized verification
procedures to be used by the victim centers in the state. The board
and its staff shall cooperate with victim centers in disseminating
standardized board policies and findings as they relate to the
centers.
   (d) Notwithstanding Section 827 of the Welfare and Institutions
Code or any other provision of law, every law enforcement and social
service agency in the state shall provide to the board or to victim
centers that have contracts with the board pursuant to subdivision
(c), upon request, a copy of a petition filed in a juvenile court
proceeding, reports of the probation officer, any other document made
available to the probation officer or to the judge, referee, or
other hearing officer, a complete copy of the report regarding the
incident, and any supplemental reports involving the crime, public
offense, or incident giving rise to a claim, for the specific purpose
of the submission of a claim or the determination of eligibility to
submit a claim filed pursuant to this chapter. The board and victim
centers receiving records pursuant to this subdivision may not
disclose a document that personally identifies a minor to anyone
other than the minor who is so identified, his or her custodial
parent or guardian, the attorneys for those parties, and any other
persons that may be designated by court order. Any information
received pursuant to this section shall be received in confidence for
the limited purpose for which it was provided and may not be further
disseminated. A violation of this subdivision is a misdemeanor
punishable by a fine not to exceed five hundred dollars ($500).
   (e) The law enforcement agency supplying information pursuant to
this section may withhold the names of witnesses or informants from
the board, if the release of those names would be detrimental to the
parties or to an investigation in progress.
   (f) Notwithstanding any other provision of law, every state
agency, upon receipt of a copy of a release signed in accordance with
the Information Practices Act of 1977 (Chapter 1 (commencing with
Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code)
by the applicant or other authorized representative, shall provide
to the board or victim center the information necessary to complete
the verification of an application filed pursuant to this chapter.
   (g) The Department of Justice shall furnish, upon application of
the board, all information necessary to verify the eligibility of any
applicant for benefits pursuant to subdivision (d) of Section 13956,
to recover any restitution fine or order obligations that are owed
to the Restitution Fund or to any victim of crime, or to evaluate the
status of any criminal disposition.
   (h) A privilege is not waived under Section 912 of the Evidence
Code by an applicant consenting to disclosure of an otherwise
privileged communication if that disclosure is deemed necessary by
the board for verification of the application.
   (i) Any verification conducted pursuant to this section shall be
subject to the time limits specified in Section 13958.
   (j) Any county social worker acting as the applicant for a child
victim or elder abuse victim shall not be required to provide
personal identification, including, but not limited to, the applicant'
s date of birth or social security number. County social workers
acting in this capacity shall not be required to sign a promise of
repayment to the board. 
  SEC. 5.    Section 13956 of the Government Code is
amended to read:
   13956.  Notwithstanding Section 13955, a person shall not be
eligible for compensation under the following conditions:
   (a) An application shall be denied if the board finds that the
victim or, where compensation is sought by or on behalf of a
derivative victim, either the victim or derivative victim, knowingly
and willingly participated in the commission of the crime that
resulted in the pecuniary loss for which compensation is being sought
pursuant to this chapter. However, this subdivision shall not apply
if the injury or death occurred as a direct result of a crime
committed in violation of Section 261, 262, or 273.5 of, or a crime
of unlawful sexual intercourse with a minor committed in violation of
subdivision (d) of Section 261.5 of, the Penal Code.
   (b) (1) An application shall be denied if the board finds that the
victim or, where compensation is sought by, or on behalf of, a
derivative victim, either 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.
However, in determining whether cooperation has been reasonable, the
board shall consider the victim's or derivative victim's age,
physical condition, and psychological state, cultural or linguistic
barriers, any compelling health and safety concerns, including, but
not limited to, a reasonable fear of retaliation or harm that would
jeopardize the well-being of the victim or the victim's family or the
derivative victim or the derivative victim's family, and giving due
consideration to the degree of cooperation of which the victim or
derivative victim is capable in light of the presence of any of these
factors.
   (2) An application for a claim based on domestic violence may not
be denied solely because no police report was made by the victim. The
board shall adopt guidelines that allow the board to consider and
approve applications for assistance based on domestic violence
relying upon evidence other than a police report to establish that a
domestic violence crime has occurred. Evidence that a domestic
violence crime has occurred may include, but is not limited to, any
of the following: medical records documenting injuries consistent
with allegations of domestic violence, mental health records, or the
fact that the victim has obtained a temporary or permanent
restraining order, or a statement from any law enforcement official
stating that the crime occurred.
   (3) An application for a claim based on human trafficking as
defined in Section 236.1 of the Penal Code may not be denied solely
because no police report was made by the victim. The board shall
adopt guidelines that allow the board to consider and approve
applications for assistance based on human trafficking relying upon
evidence other than a police report to establish that a human
trafficking crime as defined in Section 236.1 has occurred. That
evidence may include any reliable corroborating information approved
by the board, including, but not limited to, the following:
   (A) A Law Enforcement Agency Endorsement issued pursuant to
Section 236.2 of the Penal Code.
   (B) A human trafficking caseworker as identified in Section 1038.2
of the Evidence Code, has attested by affidavit that the individual
was a victim of human trafficking.
   (c) An application for compensation may be denied, in whole or in
part, if the board finds that denial is appropriate because of the
nature of the victim's or other applicant's involvement in the events
leading to the crime or the involvement of the persons whose injury
or death gives rise to the application. In the case of a minor, the
board shall consider the minor's age, physical condition, and
psychological state, as well as any compelling health and safety
concerns, in determining whether the minor's application should be
denied pursuant to this section. The application of a derivative
victim of domestic violence under the age of 18 years of age or a
derivative victim of trafficking under 18 years of age may not be
denied on the basis of the denial of the victim's application under
this subdivision.
   (d) (1) Notwithstanding Section 13955, no person who is convicted
of a felony may be granted compensation until that person has been
discharged from probation or has been released from a correctional
institution and has been discharged from parole, if any. In no case
shall compensation be granted to an applicant pursuant to this
chapter during any period of time the applicant is held in a
correctional institution.
   (2) A person who has been convicted of a felony may apply for
compensation pursuant to this chapter at any time, but the award of
that compensation may not be considered until the applicant meets the
requirements for compensation set forth in paragraph (1).
   (3) Applications of victims who are not felons shall receive
priority in the award of compensation over an application submitted
by a felon who has met the requirements for compensation set forth in
paragraph (1).  
  SEC. 6.    Section 13957 of the Government Code is
amended to read:
   13957.  (a) The board may grant for pecuniary loss, when the board
determines it will best aid the person seeking compensation, as
follows:
   (1) Subject to the limitations set forth in Section 13957.2,
reimburse the amount of medical or medical-related expenses incurred
by the victim, including, but not limited to, eyeglasses, hearing
aids, dentures, or any prosthetic device taken, lost, or destroyed
during the commission of the crime, or the use of which became
necessary as a direct result of the crime.
   (2) Subject to the limitations set forth in Section 13957.2,
reimburse the amount of outpatient 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 as defined by Section 13837 of the
Penal Code, and including family psychiatric, psychological, or
mental health counseling for the successful treatment of the victim
provided to family members of the victim in the presence of the
victim, whether or not the family member relationship existed at the
time of the crime, that became necessary as a direct result of the
crime, subject to the following conditions:
   (A) The following persons may be reimbursed for the expense of
their outpatient mental health counseling in an amount not to exceed
ten thousand dollars ($10,000):
   (i) A victim.
   (ii) A derivative victim who is the surviving parent, sibling,
child, spouse, fiancé, or fiancée of a victim of a crime that
directly resulted in the death of the victim.
   (iii) A derivative victim, as described in paragraphs (1) to (4),
inclusive, of subdivision (c) of Section 13955, who is the primary
caretaker of a minor victim whose claim is not denied or reduced
pursuant to Section 13956 in a total amount not to exceed ten
thousand dollars ($10,000) for not more than two derivative victims.
   (B) The following persons may be reimbursed for the expense of
their outpatient mental health counseling in an amount not to exceed
five thousand dollars ($5,000):
   (i) A derivative victim not eligible for reimbursement pursuant to
subparagraph (A), provided that mental health counseling of a
derivative victim described in paragraph (5) of subdivision (c) of
Section 13955, shall be reimbursed only if that counseling is
necessary for the treatment of the victim.
   (ii) A victim of a crime of unlawful sexual intercourse with a
minor committed in violation of subdivision (d) of Section 261.5 of
the Penal Code. A derivative victim of a crime committed in violation
of subdivision (d) of Section 261.5 of the Penal Code shall not be
eligible for reimbursement of mental health counseling expenses.
   (iii) A minor who suffers emotional injury as a direct result of
witnessing a violent crime and who is not eligible for reimbursement
of the costs of outpatient mental health counseling under any other
provision of this chapter. To be eligible for reimbursement under
this clause, the minor must have been in close proximity to the
victim when he or she witnessed the crime.
   (C) The board may reimburse a victim or derivative victim for
outpatient mental health counseling in excess of that authorized by
subparagraph (A) or (B) or for inpatient psychiatric, psychological,
or other mental health counseling if the claim is based on dire or
exceptional circumstances that require more extensive treatment, as
approved by the board.
   (D) Expenses for psychiatric, psychological, or other mental
health counseling-related services may be reimbursed only if the
services were provided by either of the following individuals:
   (i) A person who would have been authorized to provide those
services pursuant to former Article 1 (commencing with Section 13959)
as it read on January 1, 2002.
   (ii) A person who is licensed by the state to provide those
services, or who is properly supervised by a person who is so
licensed, subject to the board's approval and subject to the
limitations and restrictions the board may impose.
   (3) Reimburse the expenses of nonmedical remedial care and
treatment rendered in accordance with a religious method of healing
recognized by state law.
   (4) Subject to the limitations set forth in Section 13957.5,
authorize 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 or derivative victim's injury or the
victim's death. If the victim or derivative victim requests that the
board give priority to reimbursement of loss of income or support,
the board may not pay medical expenses, or mental
                          health counseling expenses, except upon the
request of the victim or derivative victim or after determining that
payment of these expenses will not decrease the funds available for
payment of loss of income or support.
   (5) Authorize a cash payment to or on behalf of the victim for job
retraining or similar employment-oriented services.
   (6) Reimburse the claimant for the expense of installing or
increasing residential security, not to exceed one thousand five
hundred dollars ($1,500). Reimbursement shall be made either upon
verification by law enforcement that the security measures are
necessary for the personal safety of the claimant or verification by
a mental health treatment provider that the security measures are
necessary for the emotional well-being of the claimant. For purposes
of this paragraph, a claimant is the crime victim, or, if the victim
is deceased, a person who resided with the deceased at the time of
the crime. Installing or increasing residential security may include,
but need not be limited to, both of the following:
   (A) Home security device or system.
   (B) Replacing or increasing the number of locks.
   (7) Reimburse the expense of renovating or retrofitting a victim's
residence or a vehicle, or both, to make the residence, the vehicle,
or both, accessible or the vehicle operational by a victim upon
verification that the expense is medically necessary for a victim who
is permanently disabled as a direct result of the crime, whether the
disability is partial or total.
   (8) (A) Authorize a cash payment or reimbursement not to exceed
three thousand dollars ($3,000) to a victim for expenses incurred in
relocating, if the expenses are determined by law enforcement to be
necessary for the personal safety of the victim or by a mental health
treatment provider to be necessary for the emotional well-being of
the victim.
   (B) The cash payment or reimbursement made under this paragraph
shall be awarded on a per victim basis. In the case of a family
consisting of several victims, a parent with minor children shall
only receive one payment; however, if more than one adult is
categorized as a victim, each adult moving to a different location
shall qualify for a separate cash payment or reimbursement.
   (C) The board may, under compelling circumstances, award a second
cash payment or reimbursement to a victim for another crime if both
of the following conditions are met:
   (i) The crime occurs more than three years from the date of the
crime giving rise to the initial relocation cash payment or
reimbursement.
   (ii) The crime does not involve the same offender.
   (D) When a relocation payment or reimbursement is provided to a
victim of sexual assault or domestic violence and the identity of the
offender is known to the victim, the victim shall agree not to
inform the offender of the location of the victim's new residence and
not to allow the offender on the premises at any time, or shall
agree to seek a restraining order against the offender, unless there
is a court order that expressly permits any of these conditions,
including, but not limited to, a child custody or visitation
agreement.
   (E) Notwithstanding subparagraphs (A) and (B), the board may
increase the cash payment or reimbursement for expenses incurred in
relocating to an amount greater than two thousand dollars ($2,000),
if the board finds this amount is appropriate due to the unusual,
dire, or exceptional circumstances of a particular claim.
   (9) When a victim dies as a result of a crime, the board may
reimburse any individual who voluntarily, and without anticipation of
personal gain, pays or assumes the obligation to pay any of the
following expenses:
   (A) The medical expenses incurred as a direct result of the crime
in an amount not to exceed the rates or limitations established by
the board.

   (B) The funeral and burial expenses incurred as a direct result of
the crime, not to exceed seven thousand five hundred dollars
($7,500).
   (10) When the crime occurs in a residence, the board may reimburse
any individual who voluntarily, and without anticipation of personal
gain, pays or assumes the obligation to pay the reasonable costs to
clean the scene of the crime in an amount not to exceed one thousand
dollars ($1,000). Services reimbursed pursuant to this subdivision
shall be performed by persons registered with the State Department of
Public Health as trauma scene waste practitioners in accordance with
Chapter 9.5 (commencing with Section 118321) of Part 14 of Division
104 of the Health and Safety Code.
   (11) Reimburse the licensed child care expenses necessarily
incurred by a victim or derivative victim as a direct result of a
crime that resulted in physical injury or death, if the following
conditions are met:
   (A) The injured or deceased victim was a primary caregiver for the
victim's dependent children.
   (B) The total reimbursement for all child care expenses does not
exceed five thousand dollars ($5,000). The board shall have the
ability to set a lower reimbursement amount if necessary to protect
the solvency of the Restitution Fund.
   (C) The periods of time for which child care expenses may be
reimbursed do not exceed a total of 180 days. The time periods need
not be continuous.
   (D) The child care expenses are consistent with the usual and
customary rates charged by the child care provider for other children
in the provider's care. If the provider only cares for the victim's
children, the reimbursement rate shall not exceed two hundred dollars
($200) per week for one child or four hundred dollars ($400) per
week for two or more children subject to the limit in subparagraph
(E).
   (E) No victim or derivative victim may receive reimbursement for
child care expenses in addition to reimbursement subject to paragraph
(4).
   (F) This paragraph is a pilot program and shall be operative only
until January 1, 2010.
   (b) The total award to or on behalf of each victim or derivative
victim may not exceed thirty-five thousand dollars ($35,000), except
that this amount may be increased to seventy thousand dollars
($70,000) if federal funds for that increase are available. 

   SEC. 7.   SEC. 3.   Section 13957.2 of
the Government Code is amended to read:
   13957.2.  (a) The board may establish maximum rates and service
limitations for reimbursement of medical and medical-related services
and for mental health and counseling services. The adoption,
amendment, and repeal of these service limitations and maximum rates
shall not be subject to the rulemaking provision of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1).  An informational copy of the service
limitations and maximum rates shall be filed with the Secretary of
State upon adoption by the board.  Any change in maximum rates
or service limitations shall not affect payment or reimbursement of
losses incurred prior to six months after the adoption of any changes
by regulations. A provider who accepts payment from the program for
a service shall accept the program's rates as payment in full
 and shall notcharge the client for any out-of-pocket
difference. Nothing shall prohibit the provider from accepting
payment from insurance or other reimbursement source to pay the
difference between the board reimbursement rate and the full service
charges. It shall be presumed that such treatment is appropriate and
necessary as the result of the crime unless there exists specific
evidence to the contrary  .
   (b) The board may 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. The victim or derivative victim shall be
notified of the name of the provider who is to perform the evaluation
within 30 calendar days of that determination. In cases where the
crime involves sexual assault, the provider shall have expertise in
the needs of sexual assault victims. In cases where the crime
involves child abuse or molestation, the provider shall have
expertise in the needs of victims of child abuse or molestation, as
appropriate. When a reevaluation is requested, payments shall not be
discontinued prior to completion of the reevaluation.
   (c) Reimbursement for any medical, medical-related, or mental
health services shall, if the application has been approved, be paid
by the board within  30   an average of 90 
days from receipt of the claim for payment. Payments to a medical or
mental health provider may not be discontinued prior to completion
of any reevaluation. Whether or not a reevaluation is obtained, if
the board determines that payments to a provider will be
discontinued, the board shall notify the provider of their
discontinuance within 30 calendar days of its determination 
and shall continue payments until 30 calendar days after the notice
has been mailed to the provider  .
   SEC. 8.   SEC. 4.   Section 13957.7 of
the Government Code is amended to read:
   13957.7.  (a) No reimbursement may be made for any expense that is
submitted more than three years after it is incurred by the victim
or derivative victim. However, reimbursement may be made for an
expense submitted more than three years after the date it is incurred
if the victim or derivative victim has affirmed the debt and is
liable for the debt at the time the expense is submitted for
reimbursement, or has paid the expense as a direct result of a crime
for which  an   a timely  application has
been filed or has paid the expense as a direct result of a crime for
which an application has been filed and approved.
   (b) Compensation made pursuant to this chapter may be on a
one-time or periodic basis  . If periodic, the board may
increase, reduce, or terminate the amount of compensation according
to the applicant's need  , subject to the maximum limits
provided in this chapter.  If compensation is made on a
periodic basis, the board may increase, reduce, or terminate the
amount of compensation according to the applicant's need, subject to
the maximum limits provided in this chapter. 
   (c) (1) The board may authorize direct payment to a provider of
services that are reimbursable pursuant to this chapter and may make
those payments prior to verification. However, the board may not,
without good cause, authorize a direct payment to a provider over the
objection of the victim or derivative victim.
   (2) Reimbursement on the initial claim for any psychological,
psychiatric, or mental health counseling services shall, if the
application has been approved, be paid by the board within 90 days of
the date of receipt of the claim for payment, with subsequent
payments to be made to the provider within one month of the receipt
of a claim for payment.
   (d) Payments for peer counseling services provided by a rape
crisis center may not exceed fifteen dollars ($15) for each hour of
services provided. Those services shall be limited to in-person
counseling for a period not to exceed 10 weeks plus one series of
facilitated support group counseling sessions.
   (e) The board shall develop procedures to ensure that a victim is
using compensation for job retraining or relocation only for its
intended purposes. The procedures may include, but need not be
limited to, requiring copies of receipts, agreements, or other
documents as requested, or developing a method for direct payment.
   (f) Compensation granted pursuant to this chapter shall not
disqualify an otherwise eligible applicant from participation in any
other public assistance program.
   (g) The board shall pay attorney's fees representing the
reasonable value of legal services rendered to the applicant, in an
amount equal to 10 percent of the amount of the award, or five
hundred dollars ($500), whichever is less, for each victim and each
derivative victim. An attorney receiving fees from another source may
waive the right to receive fees under this subdivision. Payments
under this subdivision shall be in addition to any amount authorized
or ordered under subdivision (b) of Section 13960. An attorney may
not charge, demand, receive, or collect any amount for services
rendered in connection with any proceedings under this chapter except
as awarded under this chapter.
   (h) A private nonprofit agency shall be reimbursed for its
services at the level of the normal and customary fee charged by the
private nonprofit agency to clients with adequate means of payment
for its services, except that this reimbursement may not exceed the
maximum reimbursement rates set by the board and may be made only to
the extent that the victim otherwise qualifies for compensation under
this chapter and that other reimbursement or direct subsidies are
not available to serve the victim.
   SEC. 9.   SEC. 5.   Section 13957.9 of
the Government Code is amended to read:
   13957.9.  (a) Notwithstanding Section 13954, the board shall
develop a simplified and expedited procedure for paying claims of a
qualified provider of mental health services.
   (b) A simplified and expedited procedure for paying claims
specified in subdivision (a) shall include all of the following:
   (1) An agreement by the provider to subject its claims to audit
procedures established by the board and to request payment only for
qualified services.
   (2) An agreement by the board to pay claims on a regular and
timely basis to a qualified provider for services without requiring
further documentation beyond that required to initially qualify the
claim.
   (3) Additional methods of simplifying the claims process as agreed
upon between the board and the qualified provider.
   (c) Simplified and expedited procedures for mental health services
may be instituted when both of the following conditions are met:
   (1) The board has determined that the crime has occurred and that
the victim qualifies for compensation pursuant to this chapter.
   (2) Services to the victim or derivative victim, or both, are
being provided by a qualified provider.
   (d) An agency may apply to the board for a determination that the
agency is a qualified provider for purposes of this section. The
board shall approve or reject an application from a qualified
provider for participation in an agreement pursuant to this section
within 90 days of receipt of a complete application as required by
the board.
   (e) An agreement made pursuant to this section shall not be deemed
to be a contract subject to the requirements of Part 2 (commencing
with Section 10100) of Division 2 of the Public Contract Code.
   (f) For purposes of this section, "qualified provider" means an
agency with extensive experience in providing mental health services
and that has utilized reimbursement from the Restitution Fund at a
significant level on a regular and constant basis. Upon request of an
agency, the board shall determine if the agency is a qualified
provider for purposes of this section. 
  SEC. 10.    Section 13958 of the Government Code
is amended to read:
   13958.  (a) The board shall approve or deny applications, based on
recommendations of the board staff, within 90 calendar days of
submission of the claim to the board or the verifying contractor.
   (b) If the board fails to approve or deny an individual
application within 90 days of the date it is submitted, pursuant to
this subdivision, the board shall advise the applicant and his or her
representative, in writing, of the reason for the failure to approve
or deny the application. Notice shall be given to the applicant and
his or her representative within 30 days after the 90-day period
prescribed by this subdivision.
   (c) If the board fails to comply with subdivision (a) or the
notice period prescribed by subdivision (b), the board shall report
to the Legislature on a quarterly basis the number of applications
for which the board failed to meet its obligation under this section.
 
  SEC. 11.    Section 13964 of the Government Code
is amended to read:
   13964.  (a) Claims under this chapter shall be paid from the
Restitution Fund.
   (b) Notwithstanding Section 13340, the proceeds in the Restitution
Fund are hereby continuously appropriated to the board, without
regard to fiscal years, for the purposes of this chapter. However,
the funds appropriated pursuant to this section for any costs,
excluding the direct payment of victim benefits, of the board shall
be subject to annual review through the State Budget process.
   (c) A sum not to exceed 15 percent of the amount appropriated
annually to pay claims pursuant to this chapter may be withdrawn from
the Restitution Fund, to be used as a revolving fund by the board
for the payment of emergency awards pursuant to Section 13961.