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SB-993 Victims and persons erroneously convicted.(2021-2022)

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Date Published: 08/15/2022 08:34 AM
SB993:v93#DOCUMENT

Amended  IN  Assembly  August 15, 2022
Amended  IN  Assembly  June 15, 2022
Amended  IN  Assembly  June 08, 2022
Amended  IN  Senate  May 19, 2022
Amended  IN  Senate  April 19, 2022
Amended  IN  Senate  March 10, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 993

Introduced by Senator Skinner
(Principal coauthor: Assembly Member Cristina Garcia)
(Coauthors: Senators Archuleta Archuleta, Becker, and Rubio)

February 14, 2022

An act to amend Sections 13901, 13902, 13951, 13952, 13952.5, 13954, 13956, 13957, 13957.2, 13957.5, 13958, 13959, 13960, and 13962 of, and to add and repeal Chapter 7.9 (commencing with Section 8699) of Division 1 of Title 2 of, of the Government Code, and to amend Sections 4900, 4903, and 4904 of, and to add Sections 679.027, 4904.1, and 11155.1 to, the Penal Code, relating to crimes, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


SB 993, as amended, Skinner. Victims and persons erroneously convicted.
Existing law, the California Emergency Services Act, creates, within the office of the Governor, the Office of Emergency Services, which is responsible for addressing natural, technological, or manmade disasters and emergencies.
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. Existing law requires the board to consist of 3 members, as specified.

This bill would establish the Flexible Assistance for Survivors (FAS) pilot grant program, to be administered by the Office of Emergency Services. The bill would require the office to establish a grant selection advisory committee to provide grants to qualifying community-based organizations to establish assistance funds to distribute in direct cash assistance to survivors, as defined.

This bill would require the committee when considering grant applications to give preferences to certain organizations, including organizations that are located in, serve, and employ members of communities that experience disproportionately high rates of gun violence and imprisonment. The bill would restrict expenditure of grant funds for administrative expenses to no more than 10%, and would require organizations receiving an award to establish policies and procedures for distributing funds that comply with specified requirements.

This bill would require that cash assistance received under these provisions to be treated in the same manner as the federal earned income refund, as specified, for purposes of determining eligibility to receive specified benefits. The bill would require each grantee to report certain information to the office each year. The bill would require the office to post on its internet website a public report on the impact of the grant program before July 1, 2027, as specified, and would require the office to submit a progress report to the Legislature by July 1, 2025, as specified.

This bill would make the FAS pilot grant provisions inoperative on July 1, 2027, and would repeal them January 1, 2028.

Existing law requires the California Victim Compensation Board to consist of 3 members, as specified.

This bill would add a 4th member who as a public member with expertise in restorative justice. The bill would also specify that a person cannot be prohibited from serving on the board solely because of that person’s prior criminal record.
Existing law defines terms for purpose of determining the eligibility of victims of crime for compensation from the Restitution Fund, which is continuously appropriated to the California Victim Compensation Board.
This bill would define “victim services provider” 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 changes 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 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, as specified. Existing law also provides limits on the compensation a victim and derivative victim may receive, and authorizes the board to establish service limitations for reimbursement of medical and medical-related services and for mental health and counseling services.
This bill would authorize the board, in authorizing compensation for loss of income and support, to base the loss of income on the actual loss the victim sustains or the wages that an employee would earn, as specified, during the period that the victim is unable to work or seek work as a result of the injury for adult victims, and upon the loss the victim actually sustains for victims who are under 18 years of age at the time of the crime, as specified. The bill would also specify that an adult derivative victim and a derivative victim who was legally dependent on the victim at the time of the crime are also similarly eligible for compensation for loss of income, as specified. The bill would specify that if a victim is a minor at the time of the crime, the victim is eligible for future loss of income, calculated as specified.
This bill would specify that if an adult victim or derivative victim was not employed or receiving earned income benefits at the time of the crime, the victim or derivative victim, as applicable, shall be eligible for loss of income if they were fully or partially employed or receiving income benefits for a total of at least 2 weeks in the 12 months preceding the qualifying crime, or had an offer of employment at the time of the crime and was unable to begin employment as a result of the crime, as specified. The bill would specify that if a derivative victim who is otherwise eligible for loss of support is eligible for loss of support if the deceased victim was not employed or receiving earned income benefits at the time of the crime, but the deceased victim was fully or partially employed or receiving earned income benefits for a total of at least 2 weeks in the 12 months preceding the qualifying crime, if the victim had an offer of employment at the time of the crime and was unable to begin employment as a result of the crime.
This bill would require the board, by July 1, 2023, to adopt new guidelines to rely on a range of evidence in considering and approving claims for loss of income, as specified.
The bill would also remove or raise various limits on the compensation a victim and derivative victim may receive, as specified, and would remove the board’s authority to establish service limitations. By expanding the eligibility for, and by increasing or 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 allows a person who was erroneously convicted of a felony and imprisoned in the state prison or a county jail to present a claim to the board for the injury sustained by the person through the erroneous conviction and imprisonment or incarceration.
Existing law requires a person making a claim pursuant to these provisions to prove the injury sustained by them through their erroneous conviction and incarceration. Existing law requires the board to find that the claimant has sustained injury through their erroneous conviction and imprisonment.
This bill would remove the requirement that the claimant prove, and that the board find, that the claimant sustained an injury through their erroneous conviction.
Existing law requires the board to publicize the existence of the victim compensation program, and requires a local law enforcement agency to inform crime victims of these provisions, as specified.
This bill would require the board to provide every general acute care hospital in the state that operates an emergency determent with specified information, and require the hospital to display the information, as specified. The bill would also require every local law enforcement agency to inform crime victims of the existence of specified trauma recovery centers. By requiring local law enforcement agencies to provide additional information to crime victims, this bill would impose a state-mandated local program.
Existing law, as added by Proposition 9, the Victims’ Bill of Rights Act of 2008: Marsy’s Law, at the November 4, 2008, statewide general election, requires a law enforcement agency investigating a criminal act and an agency prosecuting a criminal act to, at the time of initial contact with a crime victim, during followup investigation, or as soon thereafter as deemed appropriate, provide or make available to the victim a “Marsy Rights” card that contains the constitutional rights of crime victims without charge or cost to the victim.
This bill would require every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act to, at the time of initial contact with a crime victim, during follow-up investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, provide or make available to each victim of the criminal act without charge or cost a “Victim Protections and Resources” card and to provide other information, as specified. The bill would also require the Attorney General to design and make available in PDF or other imaging format to these agencies a “Victim Protections and Resources” card containing specified information. The bill would authorize the “Victim Protections and Resources” card to be designed as part of and included with the “Marsy Rights” card described above. By requiring these agencies to provide additional information to crime victims, this bill would impose a state-mandated local program.
Existing law requires the board to provide a recommendation to the Legislature that an appropriation be made for the purpose of indemnifying the claimant for the erroneous conviction injury. Existing law requires that the amount of the appropriation recommended by the board be equivalent to $140 per day of incarceration served, as specified.
This bill would require that the compensation recommendation for a claimant be equivalent to $70 per day served on parole or supervised release, as specified. The bill would allow recovery of reasonable attorney fees and costs, as specified, and would require that these amounts be updated annually to account for changes in the United States Bureau of Labor Statistics Consumer Price Index, West Region.
This bill would allow a person who spent time on parole, or supervised release, as specified, prior to the effective date of the bill, or who had previously brought a claim prior to that date, to bring a petition or supplementary petition for compensation, as specified, within 3 years. By expanding the eligibility for compensation, and by increasing the amount a person may receive, from a continuously appropriated fund, this bill would make an appropriation.
Existing law requires the Department of Corrections and Rehabilitation to provide notice to specified persons as soon as placement of an inmate in any reentry or work furlough program is planned, as specified.
This bill would require the department to provide a notice containing specified information to a victim or victim’s next of kin if requested, as specified.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.Chapter 7.9 (commencing with Section 8699) is added to Division 1 of Title 2 of the Government Code, to read:
7.9.Flexible Assistance for Survivors (FAS) Pilot Grant Program
8699.

For the purpose of this chapter, the following definitions apply:

(a)“Community-based organization” means a nonprofit organization, or organization fiscally sponsored by a nonprofit, that provides direct services to survivors, and includes, but is not limited to, a trauma recovery center, as described in Section 13963.1.

(b)“Family member” means any of the following:

(1)A person related to another by blood, adoption, marriage, or domestic partnership.

(2)A household member or former household member of another.

(3)A person who is not related by blood, adoption, or marriage to another but who otherwise has a significant emotional relationship with another.

(c)“Grant program” means the Flexible Assistance for Survivors (FAS) pilot grant program established by this chapter.

(d)“Office” means the Office of Emergency Services.

(e)“Survivor” means a person who would be eligible for services from an organization that would qualify to receive a grant as a crime victim assistance program pursuant to Section 20103 of Title 34 of the United States Code.

8699.01.

(a)The Flexible Assistance for Survivors (FAS) pilot grant program is hereby established, to be administered by the Office of Emergency Services, with the goal of improving safety, healing, and financial stability for survivors, and the loved ones of those violently injured or killed.

(b)FAS grants shall be made to qualifying community-based organizations pursuant to this chapter for the purpose of establishing assistance funds to distribute in direct cash assistance to survivors.

(c)The office shall establish a grant selection advisory committee that includes, without limitation, persons who have been impacted by violence, formerly incarcerated persons, and persons with direct experience in implementing supportive services for marginalized survivors. Racial, gender, and ethnic diversity, and representation of communities and identities described in subdivisions (g) and (h), shall be considered for all appointments. The committee shall consist of 13 members, as follows:

(1)(A)Three representatives from community-based organizations providing direct services and recovery assistance such as housing, job placement, or economic support to vulnerable survivors.

(B)Of the three members described by subparagraph (A), one member shall be appointed by the Governor, one member shall be appointed by the Speaker of the Assembly, and one member shall be appointed by the Senate President pro Tempore.

(2)(A)Three survivors who have experience in advocacy, treatment, or service provision, and who are members of communities that experience disproportionately high rates of gun violence and imprisonment.

(B)At least one of the members described in subparagraph (A) shall be formerly incarcerated.

(C)Of the three members described by subparagraph (A), one member shall be appointed by the Governor, one member shall be appointed by the Speaker of the Assembly, and one member shall be appointed by the Senate President pro Tempore.

(3)(A)Three community providers or advocates with expertise in community-based violence reduction programs or initiatives with a public health approach.

(B)Of the three members described by subparagraph (A), one member shall be appointed by the Governor, one member shall be appointed by the Speaker of the Assembly, and one member shall be appointed by the Senate President pro Tempore.

(4)(A)Two mental health professionals with experience providing trauma recovery services that serve residents of communities that experience disproportionately high rates of gun violence and imprisonment.

(B)Of the two members described by subparagraph (A), one member shall be appointed by the Governor and one member shall be appointed by the Speaker of the Assembly.

(5)(A)Two public health professionals.

(B)Of the two members described by subparagraph (A), one member shall be appointed by the Governor and one member shall be appointed by the Senate President pro Tempore.

(d)The advisory committee shall establish rules for implementing this section and shall make grants under this chapter on a competitive basis to community-based organizations. Community-based organizations shall apply on a form prescribed by the committee, which shall include, but not be limited to, all of the following:

(1)A description of the organization’s history serving one or more of the groups described in subdivision (h).

(2)A description of how the community or communities the organization serves are impacted by violence and incarceration.

(3)The estimated number of survivors the organization or program currently serves.

(4)The estimated number of survivors to whom the organization or program anticipates it will distribute grant funds.

(5)How the organization plans to distribute cash assistance funds to survivors to meet immediate financial needs quickly.

(6)How the organization plans to minimize the burden on survivors to provide documentation or submit paperwork.

(e)The advisory committee shall do all of the following:

(1)Strive to minimize the paperwork burden on grant applicants and grantees.

(2)Strive to develop an application, awards, and reporting process that is accessible to community-based organizations with smaller budgets or without past experience receiving a state grant award.

(3)Develop a plan to publicize the grant program in advance of an application deadline.

(4)Provide technical assistance to applicants and grantees.

(5)Work with the office to develop tools to support applicants applying for an award under this chapter, including, but not limited to, templates and sample applications, which shall be posted prominently on the office’s internet website.

(6)Prior to an application deadline, work with the office to publicize and host at least two webinars that are open to the public detailing how to apply for a grant under this chapter.

(7)Develop reporting metrics for grantees to provide information to the office to aid the office in creating the reports required by Section 8699.02. In developing these metrics, the advisory committee shall strive to minimize the paperwork burden on survivors that apply for assistance.

(f)A community-based organization shall be eligible to apply for a grant under this chapter if the organization has a history of serving survivors and the majority of people the organization, or a project within the organization that will administer the grant, serves are survivors.

(g)When considering grant applications, the advisory committee shall give preference to organizations that are located in, serve, and employ members of communities that experience disproportionately high rates of gun violence and imprisonment.

(h)When considering grant applications, the advisory committee shall give preference to community-based organizations that have a history of providing services to vulnerable survivors, including, but not limited to, the following:

(1)Survivors of color.

(2)Elderly survivors.

(3)Survivors with disabilities.

(4)Survivors who are transgender or gender nonconforming.

(5)Survivors who have faced disproportionate police contact.

(6)Survivors who are formerly incarcerated or who have past arrests or convictions.

(7)Survivors with immigration status issues.

(8)Survivors who are unhoused.

(9)Survivors of firearm injuries.

(10)Survivors who have lost a family member to homicide.

(11)Survivors facing mental health crises.

(12)Low-income survivors.

(13)Survivors challenged by substance abuse.

(i)An organization receiving a grant under this chapter may use the funds as follows:

(1)Unrestricted cash assistance to survivors to meet survivors’ financial needs or to cover survivors’ expenses, distributed at the discretion of the organization in amounts determined by the organization based on the needs of survivors and in a way that minimizes or eliminates the burden on survivors to provide external documentation of their need or expenses.

(2)Up to 10 percent for the organization’s expenses in administering the grant.

(j)A community-based organization receiving a grant under this chapter shall establish policies and procedures for distributing funds to survivors whom the organization serves that comply with all the following:

(1)Develop a method that allows survivors to attest to their experience of victimization that minimizes the burden of requiring survivors to obtain documentation of a victimization.

(2)Promote distribution of funds to survivors in a manner that meets the immediate needs of survivors quickly.

(3)Do not require survivors to engage in other services or programs as a condition of receiving funds.

(4)Do not require survivors to provide or maintain burdensome documentation of their need or spending.

(5)Do not require survivors to report a crime to a law enforcement agency as a condition of receiving cash assistance.

(6)Do not exclude survivors on the basis of citizenship or immigration status.

(7)Do not exclude survivors on the basis of an arrest or conviction record, nor on the basis of a survivor’s status under correctional supervision.

(k)Notwithstanding any other law, cash assistance received under this chapter shall be treated in the same manner as the federal earned income refund for the purpose of determining eligibility to receive benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or amounts of those benefits.

(l)Each grantee shall annually report to the office all of the following:

(1)The aggregate number of survivors who received cash assistance through the grant program.

(2)The average amount of assistance each survivor received through the grant program.

(3)Information responsive to the metrics developed pursuant to paragraph (7) of subdivision (e).

(m)The office may use up to 5 percent of the funds appropriated for the grant program each year for the costs of administering the grant program, including, without limitation, employing personnel, providing technical assistance to grantees or prospective grantees, and issuing a report on the impacts of the grant program.

8699.02.

(a)(1)By July 1, 2025, the office shall submit a progress report to the Legislature in compliance with Section 9795 discussing the impact of the grant program, which shall include information received pursuant to paragraph (3) of subdivision (l) of Section 8699.01.

(2)The requirement for submitting a report imposed by this subdivision is inoperative on January 1, 2026, pursuant to Section 10231.5.

(b)Before July 1, 2027, the office shall post on its internet website a public report on the impact of the grant program, which shall include policy recommendations to provide guidance to the Legislature and Governor in fully implementing and scaling a permanent grant program using information received pursuant to paragraph (3) of subdivision (l) of Section 8699.01.

8699.03.

This chapter shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.

SEC. 2.SECTION 1.

 Section 13901 of the Government Code is amended to read:

13901.
 (a) There is within the Government Operations Agency the California Victim Compensation Board.
(b) The board consists of all of the following:
(1) The Secretary of Government Operations or their designee acting ex officio.
(2) The Controller acting ex officio.
(3) A person who shall be appointed by and serve at the pleasure of the Governor. This person may be a state officer who shall act ex officio.
(4) A person who shall be appointed by and serve at the pleasure of the Senate President pro Tempore who is a member of the public with expertise in restorative justice.
(c) A person shall not be prohibited from serving on the board solely because of that person’s prior criminal record.

SEC. 3.SEC. 2.

 Section 13902 of the Government Code is amended to read:

13902.
 If the member appointed under paragraph (3) or (4) of subdivision (b) of Section 13901 is not a state officer acting ex officio, the member shall receive fifty dollars ($50) for every day of actual attendance at meetings of the board not in excess of eight meetings per month, together with necessary traveling expenses in attending these meetings.

SEC. 4.SEC. 3.

 Section 13951 of the Government Code is amended to read:

13951.
 As used in this chapter, the following definitions shall apply:
(a) “Board” means the California Victim Compensation Board.
(b) (1) “Crime” means a crime or public offense, wherever it may take place, that would constitute a misdemeanor or a felony if the crime had been committed in California by a competent adult.
(2) “Crime” includes an act of terrorism, as defined in Section 2331 of Title 18 of the United States Code, committed against a resident of the state, whether or not the act occurs within the state.
(c) “Derivative victim” means an individual who sustains pecuniary loss as a result of injury or death to a victim and who did not commit the crime that caused the victim’s injury or death.
(d) “Law enforcement” means every district attorney, municipal police department, sheriff’s department, district attorney’s office, county probation department, and social services agency, the Department of Justice, the Department of Corrections, the California Division of Juvenile Justice, the Department of the California Highway Patrol, the police department of any campus of the University of California, California State University, or community college, and every agency of the State of California expressly authorized by statute to investigate or prosecute law violators.
(e) “Pecuniary loss” means an economic loss or expense resulting from an injury or death to a victim of crime that has not been and will not be reimbursed from any other source.
(f) “Peer counseling” means counseling offered by a provider of mental health counseling services who has completed a specialized course in rape crisis counseling skills development, participates in continuing education in rape crisis counseling skills development, and provides rape crisis counseling within the State of California.
(g) “Victim” means an individual who sustains injury or death as a direct result of an act or omission of another that is a crime as specified in subdivision (e) of Section 13955.
(h) “Victim center” means a victim and witness assistance center that receives funds pursuant to Section 13835.2 of the Penal Code.
(i) “Victim services provider” means an individual, whether paid or serving as a volunteer, who provides services to victims under the supervision of either an agency or organization that has a documented record of providing services to victims, or a law enforcement or prosecution agency.

SEC. 5.SEC. 4.

 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 paragraph (2) of subdivision (h) 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. However, the board shall not require the submission of additional information solely to verify that the crime occurred if the board has received an acceptable form of evidence that the crime occurred as described by subdivision (c) of Section 13956. Nothing in this paragraph shall be construed to limit the ability of the board to contact an agency, organization, court, or individual from which a form of evidence that the board has received originates to confirm the evidence’s authenticity.
(2) (A) 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 365 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.
(B) The board shall communicate a determination made under this paragraph to the applicant or the applicant’s authorized representative in the language selected by the applicant pursuant to paragraph (4) of subdivision (d) by personal delivery or by all of the following means for which the board has access to an applicant’s contact information and by which the applicant has consented to being contacted:
(i) Mail.
(ii) Email.
(iii) Text message.
(iv) Personal telephone call. The board satisfies this subparagraph if the board or victim center places a telephone call to the applicant or authorized representative regardless of whether the applicant or authorized representative is available to answer the telephone call.
(3) The board shall not require an applicant to submit documentation from the Internal Revenue Service, the Franchise Tax Board, the State Board of Equalization, the Social Security Administration, or the Employment Development Department to determine eligibility for compensation. The board may require and use documentation from these entities to verify the amount of compensation for income or support loss.
(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 section, “authorized representative” means any of the following:
(A) Any person who has written authorization by the victim or derivative victim. However, a medical or mental health provider, or agent of the medical or mental health provider, who has provided services to the victim or derivative victim shall not be allowed to be an authorized representative.
(B) Any person designated by law including, but not limited to, a legal guardian, conservator, or social worker.
(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.
(4) The initial application materials sent by the board to an applicant and any supplemental forms shall be written in English, Spanish, Chinese, Vietnamese, Korean, East Armenian, Tagalog, Russian, Arabic, Farsi, Hmong, Khmer, Punjabi, and Lao. If the applicant selects one of the languages listed in this subdivision, the board shall send all subsequent communications in that language.

SEC. 6.SEC. 5.

 Section 13952.5 of the Government Code is amended to read:

13952.5.
 (a) (1) 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.
(2) If an emergency award is requested for relocation expenses or funeral and burial expenses, the board shall presume that substantial hardship would result from delaying compensation until complete and final consideration of an application unless the board has received substantial evidence to the contrary.
(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 15 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. The board shall clearly state in bold lettering at the top and bottom of the notification of an emergency award denial that the applicant’s regular application is still being processed, the notification does not constitute a denial of the application as a whole, and the applicant may still be eligible for a regular award.
(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. 7.SEC. 6.

 Section 13954 of the Government Code is amended to read:

13954.
 (a) (1) (A) If the information provided to the board is insufficient to reasonably verify the application or claim by a preponderance of the evidence, the board may 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, or any other pertinent information deemed necessary by the board.
(B) The board shall not seek nor require additional information from a law enforcement agency or another third party solely to verify that the crime occurred if the board has already received a valid form of verification listed under subdivision (c) of Section 13956.
(C) Nothing in this paragraph shall be construed to limit the ability of the board to contact the agency, organization, court, or individual from which a form of evidence that the board has received evidencing that the crime occurred originates, to confirm its authenticity.
(2) (A) 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) If verification information is not returned to the board within 10 business days as required by this subdivision and the information the board has received to date favors approval of the application or claim, the board shall presume the information it has received to date is accurate and proceed with approving the application or claim without further delay.
(b) The board may, in its discretion, reject a claim for compensation by an applicant for a pecuniary loss if either of the following:
(1) The applicant refuses to apply for other benefits potentially available to them to cover the pecuniary loss from other sources besides the board, including, but not limited to, worker’s compensation, state disability insurance, social security benefits, and unemployment insurance.
(2) The applicant threatened violence or bodily harm to a member of the board or the board’s staff.
(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) (1) 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 complete copy of the law enforcement report, if available, and any supplemental reports involving the crime or incident giving rise to a claim, a copy of a petition filed in a juvenile court proceeding, reports of the probation officer, and any other document made available to the probation officer or to the judge, referee, or other hearing officer, for the specific purpose of determining the eligibility of a claim filed pursuant to this chapter.
(2) 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, the minor’s 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).
(3) 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.
(e) 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, upon request of the board or victim center, the information necessary to complete the verification of an application filed pursuant to this chapter.
(f) Upon application of the board, the Department of Justice shall furnish all information necessary to recover any restitution fine or order obligations that are owed to the Restitution Fund or to any victim of crime.
(g) 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.
(h) Any verification conducted pursuant to this section shall be subject to the time limits specified in Section 13958.
(i) 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. 8.SEC. 7.

 Section 13956 of the Government Code is amended to read:

13956.
 (a) (1) An application for a claim shall not be denied, in whole or in part, solely because a police report was not made.
(2) An application for a claim shall not be denied, in whole or in part, based solely on the contents of a police report unless no other evidence has been submitted to establish that the qualifying crime occurred. If the board has only received a police report as evidence that the qualifying crime occurred and the police report does not establish that the qualifying crime occurred, the board shall notify the applicant of the deficiency in the application and solicit additional information to verify the claim pursuant to the procedures set forth in Section 13952.
(3) An application for a claim shall not be denied, in whole or in part, based solely on whether a suspect was arrested or charged with the qualifying crime.
(b) The board shall adopt guidelines that allow it to consider and approve applications that rely on evidence other than a police report to establish that a crime has occurred.
(c) The board shall accept any one of the following forms of evidence, without limitation, to verify that a crime occurred:
(1) Medical records documenting injuries consistent with the allegation of the qualifying crime.
(2) A verified written statement from a victim services provider stating that the victim is seeking services related to the qualifying crime.
(3) A permanent restraining order or protective order issued by a court to protect or separate the victim or derivative victim from the person alleged to have committed the qualifying crime.
(4) A statement from a licensed medical professional, physician’s assistant, nurse practitioner, or other person licensed to provide medical or mental health care documenting that the victim experienced physical, mental, or emotional injury as a result of the qualifying crime.
(5) A police report or another written or oral report from a law enforcement agency.
(d) A person making a statement or report regarding a qualifying crime under paragraph (2), (4), or (5) of subdivision (c) may consider any information or evidence they deem relevant.
(e) An application for a claim based on domestic violence shall not be denied solely because a police report was not 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. Factors evidencing that a domestic violence crime has occurred may include, but are not limited to, medical records documenting injuries consistent with allegations of domestic violence, mental health records, or that the victim has obtained a permanent restraining order.
(f) An application for a claim based on a sexual assault shall not be denied solely because a police report was not made by the victim. The board shall adopt guidelines that allow it to consider and approve applications for assistance based on a sexual assault relying upon evidence other than a police report to establish that a sexual assault crime has occurred. Factors evidencing that a sexual assault crime has occurred may include, but are not limited to, medical records documenting injuries consistent with allegations of sexual assault, mental health records, or that the victim received a sexual assault examination.
(g) An application for a claim based on human trafficking as defined in Section 236.1 of the Penal Code shall not be denied solely because a police report was not 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 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 236.5 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.
(h) (1) An application for a claim by a military personnel victim based on a sexual assault by another military personnel shall not be denied solely because it was not reported to a superior officer or law enforcement at the time of the crime.
(2) Factors that the board shall consider for purposes of determining if a claim qualifies for compensation include, but are not limited to, the evidence of the following:
(A) Restricted or unrestricted reports to a military victim advocate, sexual assault response coordinator, chaplain, attorney, or other military personnel.
(B) Medical or physical evidence consistent with sexual assault.
(C) A written or oral report from military law enforcement or a civilian law enforcement agency concluding that a sexual assault crime was committed against the victim.
(D) A letter or other written statement from a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, licensed therapist, or mental health counselor, stating that the victim is seeking services related to the allegation of sexual assault.
(E) A credible witness to whom the victim disclosed the details that a sexual assault crime occurred.
(F) A restraining order from a military or civilian court against the perpetrator of the sexual assault.
(G) Other behavior by the victim consistent with sexual assault.
(3) For purposes of this subdivision, the sexual assault at issue shall have occurred during military service, including deployment.
(4) For purposes of this subdivision, the sexual assault may have been committed off base.
(5) For purposes of this subdivision, a “perpetrator” means an individual who is any of the following at the time of the sexual assault:
(A) An active duty military personnel from the United States Army, Navy, Marine Corps, Air Force, or Coast Guard.
(B) A civilian employee of any military branch specified in clause (i), military base, or military deployment.
(C) A contractor or agent of a private military or private security company.
(D) A member of the California National Guard.
(6) For purposes of this subdivision, “sexual assault” means an offense included in Section 261, 264.1, 286, 287, former Section 288a, or Section 289 of the Penal Code, as of January 1, 2015.
(i) The board shall post informational materials promoting victim cooperation with law enforcement agencies and criminal investigations on its internet website and make such materials available to applicants directly upon request. The board shall include in these materials contact information for service providers that are available to help the victim contact and cooperate with law enforcement and information about victim rights regarding participation in an investigation or prosecution.
(j) The board shall not deny an application, in whole or in part, based on a lack of cooperation by a victim or derivative victim with a law enforcement agency.
(k) Compensation shall not be granted to an applicant pursuant to this chapter while the applicant is required to register as a sex offender pursuant to Section 290 of the Penal Code.

SEC. 9.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 for services that were provided by a licensed medical provider, 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 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:

(i)A victim.

(ii)A derivative victim who is the surviving parent, grandparent, sibling, child, grandchild, spouse, or fiance 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 for not more than two derivative victims.

(iv)A derivative victim not eligible for reimbursement pursuant to clause (iii), 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.

(v)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 the minor witnessed the crime.

(B)The board may reimburse a victim or derivative victim for inpatient psychiatric, psychological, or other mental health counseling if the claim is based on dire or exceptional circumstances that require more extensive treatment.

(C)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 in California to provide those services, or who is properly supervised by a person who is licensed in California to provide those services, subject to the board’s approval and subject to the limitations and restrictions the board may impose.

(3)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 qualifying crime is a violation of Section 236.1 of the Penal Code, the board may authorize compensation equal to loss of income or support that a victim incurs as a direct result of the victim’s deprivation of liberty during the crime, not to exceed the amount set forth in Section 13957.5. 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.

(4)Authorize a cash payment to or on behalf of the victim for job retraining or similar employment-oriented services.

(5)Reimburse the expense of installing or increasing residential security, not to exceed one thousand dollars ($1,000). 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.

(6)Reimburse the expense of renovating or retrofitting a victim’s residence, or the expense of modifying or purchasing a vehicle, to make the residence or the vehicle accessible or 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.

(7)(A)Authorize a cash payment or reimbursement not to exceed seven thousand five hundred dollars ($7,500) to a victim or derivative victim for expenses incurred in relocating, if the applicant provides a signed statement indicating that relocation is necessary for the personal safety or emotional well-being of the victim or derivative victim as a result of the qualifying crime. For purposes of this paragraph, “expenses incurred in relocating” may include the costs of temporary housing for any pets belonging to the victim upon immediate relocation.

(B)The cash payment or reimbursement made under this paragraph shall only be awarded to one claimant per crime giving rise to the relocation. The board may authorize more than one relocation per crime if necessary for the personal safety or emotional well-being of the victim or, if the victim is deceased, a derivative victim who resided with the victim at the time of the qualifying crime. However, the total cash payment or reimbursement for all relocations due to the same crime shall not exceed seven thousand five hundred dollars ($7,500). 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.

(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)Notwithstanding subparagraphs (A) and (B), the board may increase the cash payment or reimbursement for expenses incurred in relocating to an amount greater than seven thousand five hundred dollars ($7,500), if the board finds this amount is appropriate due to the unusual, dire, or exceptional circumstances of a particular claim.

(E)If a security deposit, pet deposit, or both is required for relocation, the board shall be named as the recipient and receive the funds upon expiration of the victim’s rental agreement.

(8)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 twenty thousand dollars ($20,000). The board shall not create or comply with a regulation or policy that mandates a lower maximum potential amount of an award pursuant to this subparagraph for less than twenty thousand dollars ($20,000).

(9)When the crime occurs in a residence or inside a vehicle, 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 seven hundred dollars ($1,700). 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.

(10)When the crime is a violation of Section 600.2 or 600.5 of the Penal Code, the board may reimburse the expense of veterinary services, replacement costs, or other reasonable expenses, as ordered by the court pursuant to Section 600.2 or 600.5 of the Penal Code, in an amount not to exceed ten thousand dollars ($10,000).

(11)An award of compensation pursuant to paragraph (5) of subdivision (f) of Section 13955 shall be limited to compensation to provide mental health counseling and shall not limit the eligibility of a victim for an award that the victim may be otherwise entitled to receive under this part. A derivative victim shall not be eligible for compensation under this provision.

(b)The total award to or on behalf of each victim or derivative victim shall not exceed one hundred thousand dollars ($100,000).

SEC. 8.

 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 for services that were provided by a licensed medical provider, 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): counseling:
(i) A victim.
(ii) A derivative victim who is the surviving parent, grandparent, sibling, child, grandchild, spouse, or fiance 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)

(iv) A derivative victim not eligible for reimbursement pursuant to subparagraph (A), clause (iii), 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)

(v) 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 the minor witnessed the crime.

(C)

(B) 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. treatment.

(D)

(C) 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 in California to provide those services, or who is properly supervised by a person who is licensed in California to provide those services, subject to the board’s approval and subject to the limitations and restrictions the board may impose.
(3) 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 qualifying crime is a violation of Section 236.1 of the Penal Code, the board may authorize compensation equal to loss of income or support that a victim incurs as a direct result of the victim’s deprivation of liberty during the crime, not to exceed the amount set forth in Section 13957.5. 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.
(4) Authorize a cash payment to or on behalf of the victim for job retraining or similar employment-oriented services.
(5) Reimburse the expense of installing or increasing residential security, not to exceed one thousand dollars ($1,000). 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.
(6) Reimburse the expense of renovating or retrofitting a victim’s residence, or the expense of modifying or purchasing a vehicle, to make the residence or the vehicle accessible or 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.
(7) (A) Authorize a cash payment or reimbursement not to exceed three seven thousand four five hundred and eighteen dollars ($3,418) ($7,500) to a victim or derivative victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be applicant provides a signed statement indicating that relocation is necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the or emotional well-being of the victim. victim or derivative victim as a result of the qualifying crime. For purposes of this paragraph, “expenses incurred in relocating” may include the costs of temporary housing for any pets belonging to the victim upon immediate relocation.
(B) The cash payment or reimbursement made under this paragraph shall only be awarded to one claimant per crime giving rise to the relocation. The board may authorize more than one relocation per crime if necessary for the personal safety or emotional well-being of the claimant. victim or, if the victim is deceased, a derivative victim who resided with the victim at the time of the qualifying crime. However, the total cash payment or reimbursement for all relocations due to the same crime shall not exceed three seven thousand four five hundred and eighteen dollars ($3,418). ($7,500). 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.
(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. A victim may be required to repay the relocation payment or reimbursement to the board if the victim violates the terms set forth in this paragraph.

(E)

(D) Notwithstanding subparagraphs (A) and (B), the board may increase the cash payment or reimbursement for expenses incurred in relocating to an amount greater than three seven thousand four five hundred and eighteen dollars ($3,418) ($7,500) if the board finds this amount is appropriate due to the unusual, dire, or exceptional circumstances of a particular claim.

(F)

(E) If a security deposit, pet deposit, or both is required for relocation, the board shall be named as the recipient and receive the funds upon expiration of the victim’s rental agreement.
(8) 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 twelve twenty thousand eight hundred and eighteen dollars ($12,818). ($20,000). The board shall not create or comply with a regulation or policy that mandates a lower maximum potential amount of an award pursuant to this subparagraph for less than twelve thousand eight hundred and eighteen dollars ($12,818).
(9) When the crime occurs in a residence or inside a vehicle, 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 seven hundred and nine dollars ($1,709). 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.
(10) When the crime is a violation of Section 600.2 or 600.5 of the Penal Code, the board may reimburse the expense of veterinary services, replacement costs, or other reasonable expenses, as ordered by the court pursuant to Section 600.2 or 600.5 of the Penal Code, in an amount not to exceed ten thousand dollars ($10,000).
(11) An award of compensation pursuant to paragraph (5) of subdivision (f) of Section 13955 shall be limited to compensation to provide mental health counseling and shall not limit the eligibility of a victim for an award that the victim may be otherwise entitled to receive under this part. A derivative victim shall not be eligible for compensation under this provision.
(b) The total award to or on behalf of each victim or derivative victim may shall not exceed thirty-five one hundred thousand dollars ($35,000), except that this award may be increased to an amount not exceeding seventy thousand dollars ($70,000) if federal funds for that increase are available. ($100,000).

SEC. 10.SEC. 9.

 Section 13957.2 of the Government Code is amended to read:

13957.2.
 (a) The board may establish maximum rates for reimbursement of medical and medical-related services and for mental health and counseling services. The adoption, amendment, and repeal of these 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 maximum rates shall be filed with the Secretary of State upon adoption by the board. Any reduction in the maximum rates shall not affect payment or reimbursement of losses incurred prior to three months after the adoption of the reduction. A provider who accepts payment from the program for a service shall accept the program’s rates as payment in full and shall not accept any payment on account of the service from any other source if the total of payments accepted would exceed the maximum rate set by the board for that service. A provider shall not charge a victim or derivative victim for any difference between the cost of a service provided to a victim or derivative victim and the program’s payment for that service.
(b) Reimbursement for any medical, medical-related, or mental health services shall, if the application has been approved, be paid by the board within an average of 90 days from receipt of the claim for payment. 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.

SEC. 11.SEC. 10.

 Section 13957.5 of the Government Code is amended to read:

13957.5.
 (a) In authorizing compensation for loss of income and support pursuant to paragraph (3) of subdivision (a) of Section 13957, the board may take any of the following actions:
(1) Subject to paragraph (7), compensate the victim for loss of income directly resulting from the injury, except that loss of income shall not be paid by the board for more than five years following the crime, unless the victim is disabled as defined in Section 416(i) of Title 42 of the United States Code, as a direct result of the injury. For adult victims, loss of income under this paragraph shall be based on the actual loss the victim sustains or the wages an employee would earn if employed for 35 hours per week at the minimum wage required by Section 1182.12 of the Labor Code during the period that the victim is unable to work or seek work as a result of the injury, whichever is greater. For victims who are under 18 years of age at the time of the crime, loss of income under this paragraph shall be based upon the actual loss the victim sustains.
(2) Compensate an adult derivative victim for loss of income, subject to all of the following:
(A) The derivative victim is the parent, legal guardian, or spouse of the victim, or if no parent, legal guardian, or spouse of the victim is present at the hospital, is another derivative victim, who is present at the hospital during the period the victim is hospitalized as a direct result of the crime.
(B) The victim’s treating physician certifies in writing that the presence of the derivative victim at the hospital is reasonably necessary for the treatment of the victim, or is reasonably necessary for the victim’s psychological well-being.
(C) Reimbursement for loss of income under this paragraph shall not exceed the total value of the income that would have been earned, calculated as described in subparagraph (E), by the adult derivative victim during a 30-day period.
(D) A derivative victim is eligible for loss of income under this paragraph if the derivative victim otherwise meets the requirements of subparagraphs (A) and (B) and paragraph (7), regardless of whether the derivative victim is employed or receiving earned income benefits at the time of the crime.
(E) The board shall determine the value of the income that would have been earned based upon the actual loss that the derivative victim sustains or the wages the derivative victim would earn if employed for 35 hours per week at the minimum wage required by Section 1182.12 of the Labor Code during the period in which the derivative victim was required to be present at the hospital, whichever is greater.
(3) Compensate an adult derivative victim for loss of income, subject to all of the following:
(A) The victim died as a direct result of the crime.
(B) (i) If the derivative victim is the spouse of the victim, is the parent of the victim, was living in the household of the victim at the time of the crime, was the legal guardian of the victim at the time of the crime, or was the legal guardian of the victim when the victim was under 18 years of age, the board shall pay for loss of income under this paragraph for not more than 30 calendar days occurring within 90 calendar days of the victim’s death.
(ii) For a derivative victim not included in clause (i), the board shall pay for loss of income under this paragraph for not more than seven calendar days occurring within 90 calendar days of the victim’s death.
(C) A derivative victim is eligible for loss of income under this paragraph if the victim meets the requirements of subparagraph (A) and the derivative victim meets the requirements of paragraph (7), regardless of whether the derivative victim is employed or received earned income benefits at the time of the crime.
(D) Loss of income under this paragraph shall be based on the actual loss the derivative victim sustains for not longer than the period described under subparagraph (B) of this paragraph or the wages the derivative victim would earn if employed for 35 hours per week at the minimum wage required by Section 1182.12 of the Labor Code for not longer than the period described under subparagraph (B), whichever is greater.
(4) Compensate a derivative victim who was legally dependent on the victim at the time of the crime for the loss of support incurred by that person as a direct result of the crime, subject to all of the following:
(A) Loss of support shall be paid by the board for income lost by an adult for a period up to, but not more than, five years following the date of the crime.
(B) Loss of support shall not be paid by the board on behalf of a minor for a period beyond the child’s attaining 18 years of age.
(C) Loss of support under this paragraph shall be based on the actual loss the derivative victim sustains or the wages an employee would earn if employed 35 hours per week at the minimum wage required by Section 1182.1 of the Labor Code, whichever is greater.
(5) (A) If the qualifying crime is a violation of Section 236.1 of the Penal Code, and the victim has not been and will not be compensated from any other source, compensate the victim for loss of income or support directly resulting from the deprivation of liberty during the crime based upon the value of the victim’s labor as guaranteed under California law at the time that the services were performed for the number of hours that the services were performed, for up to 40 hours per week.
(B) On or before July 1, 2020, the board shall adopt guidelines that allow it to rely on evidence other than official employment documentation in considering and approving an application for that compensation. The evidence may include any reliable corroborating information approved by the board, including, but not limited to, a statement under penalty of perjury from the applicant, a human trafficking caseworker as defined in Section 1038.2 of the Evidence Code, a licensed attorney, or a witness to the circumstances of the crime.
(C) Compensation for loss of income paid by the board pursuant to this paragraph shall not exceed ten thousand dollars ($10,000) per year that the services were performed, for a maximum of two years.
(D) If the victim is a minor at the time of application, the board shall distribute payment under this paragraph when the minor reaches 18 years of age.
(6) If the victim is a minor at the time of the crime, the victim shall be eligible for future loss of income due to disability from future employment directly resulting from the injury at a rate an employee would earn if employed for 35 hours per week at the minimum wage required at the time of the crime by Section 1182.12 of the Labor Code for a maximum of one year.
(7) A victim or derivative victim who is otherwise eligible for loss of income under paragraph (1), (2), or (3) shall be eligible for loss of income if they were employed or receiving earned income benefits at the time of the crime. If an adult victim or derivative victim was not employed or receiving earned income benefits at the time of the crime, they shall be eligible for loss of income under paragraph (1), (2), or (3) if the victim or derivative victim was fully or partially employed or receiving income benefits for a total of at least 2 weeks in the 12 months preceding the qualifying crime, or had an offer of employment at the time of the crime and was unable to begin employment as a result of the crime.
(8) A derivative victim who is otherwise eligible for loss of support under paragraph (4) shall be eligible for loss of support if the victim was employed or receiving earned income benefits at the time of the crime. If the victim was not employed or receiving earned income benefits at the time of the crime, the derivative victim shall be eligible if the victim was fully or partially employed or receiving earned income benefits for a total of at least 2 weeks in the 12 months preceding the qualifying crime, or if the victim had an offer of employment at the time of the crime and was unable to begin employment as a result of the crime.
(b) By July 1, 2023, the board shall adopt new guidelines for accepting evidence that may be available to the victim or derivative victim in considering and approving a claim for loss of income under paragraph (1), (2), or (3), which shall require the board to accept any form of reliable corroborating information approved by the board, including, but not limited to, all of the following:
(1) A statement from the employer.
(2) A pattern of deposits into a bank or credit union account of the victim or derivative victim.
(3) Pay stubs or copies of checks received as payment.
(4) A copy of a job offer letter from an employer.
(5) Income tax records.
(6) Verification through a vendor, if the employer contracts with a vendor for employment verification.
(7) Information related to eligibility or enrollment from any of the following:
(A) The CalFresh program pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institution Code.
(B) The CalWORKs program.
(C) The state’s children’s health insurance program under Title XXI of the federal Social Security Act (42 U.S.C. Sec. 1397aa et seq.).
(D) The California Health Benefit Exchange established pursuant to Title 22 (commencing with Section 100500) of the Government Code.
(E) The electronic service established in accordance with Section 435.949 of Title 42 of the Code of Federal Regulations.
(F) Records from the Employment Development Department.
(c) On or before July 1, 2023, the board shall adopt new guidelines for accepting evidence that may be available to the applicant in considering and approving a claim for loss of support under paragraph (4), which shall require the board to accept any form of reliable corroborating information regarding income received by the victim or support provided to the dependent that is approved by the board, including, but not limited to, all of the following:
(1) The forms of documentation listed in subdivision (b).
(2) A court order finding legal dependency or ordering support.
(3) Workers’ compensation disability or death benefits.
(4) Veterans death benefits.
(5) Social security disability or survivor benefits.
(6) Settlements or agreements for spousal support.
(7) Child support records.
(8) Orders granting legal custody.
(9) Records of the victim making payments for living expenses for the derivative victim, including, but not limited to, full or partial rental or mortgage payments for a residential dwelling unit where the dependent derivative victim resides, utilities payments, childcare supplies, clothing, medical payments, or food.
(d) The total amount payable to all derivative victims pursuant to this section as the result of one crime shall not exceed one hundred thousand dollars ($100,000).

SEC. 12.SEC. 11.

 Section 13958 of the Government Code is amended to read:

13958.
 The board shall approve or deny applications, based on recommendations of the board staff, within an average of 30 calendar days and no later than 60 calendar days of acceptance by the board or victim center.
(a) If the board does not meet the 30-day average standard prescribed in this subdivision, the board shall, thereafter, report to the Legislature, on a quarterly basis, its progress and its current average time of processing applications. These quarterly reports shall continue until the board meets the 30-day average standard for two consecutive quarters.
(b) If the board fails to approve or deny an individual application within 60 days of the date it is accepted, pursuant to this subdivision, the board shall advise the applicant and the applicant’s representative, in writing, of the reason for the failure to approve or deny the application.
(c) The 30-day and 60-day requirements of this section shall be tolled during a period in which the board has requested information from the applicant under paragraph (2) of subdivision (c) of Section 13952 if it has been longer than 10 days since the board first communicated the request for additional information to the applicant and the board has not yet received the requested information.
(d) The board shall communicate a determination made to approve or deny an application for compensation in writing to the applicant or the applicant’s authorized representative in the language selected by the applicant pursuant to paragraph (4) of subdivision (d) of Section 13952 by personal delivery or by all of the following means for which the board has access to an applicant’s contact information and by which the applicant has consented to being contacted:
(1) Mail.
(2) Email.
(3) Either of the following:
(A) Text message.
(B) Personal telephone call.
(e) The board shall adopt guidelines governing the information to include in the board’s communication to the applicant or the applicant’s authorized representative regarding an approval of an application in whole or in part under subdivision (d), which shall require the board to include, at a minimum, all of the following:
(1) Information about the status of each claim for coverage for each pecuniary loss for which the applicant has requested compensation to date.
(2) If the board requires additional information or verification from the applicant to approve an existing claim for a pecuniary loss, a request for that information from the applicant.
(3) A list of all of the types of pecuniary loss the board can cover under Section 13957 and information or hyperlinks to information regarding eligibility requirements for each category of pecuniary loss.
(4) Instructions describing how the applicant can submit supplemental claims for compensation.
(f) The board shall adopt guidelines for communicating a denial under subdivision (d) in a manner that is trauma informed and sensitive to the psychological well-being of the applicant or victim, which shall include, but not be limited to, all of the following:
(1) A process for clearly explaining the basis for denial.
(2) A process for providing applicants or victims a list of other services for which they may be eligible.
(3) A process for providing an applicant or victim information for contesting a denial or filing a petition for judicial review pursuant to Section 13959 or 13960.

SEC. 13.SEC. 12.

 Section 13959 of the Government Code is amended to read:

13959.
 (a) The board shall grant a hearing to an applicant who contests a staff recommendation to deny compensation in whole or in part.
(b) The board shall notify the applicant not less than 10 days prior to the date of the hearing. Notwithstanding Section 11123, if the appeal that the board is considering involves either a crime against a minor, a crime of sexual assault, or a crime of domestic violence, the board may exclude from the hearing all persons other than board members and members of its staff, the applicant for benefits, a minor applicant’s parents or guardians, the applicant’s representative, witnesses, and other persons of the applicant’s choice to provide assistance to the applicant during the hearing. However, the board shall not exclude persons from the hearing if the applicant or applicant’s representative requests that the hearing be open to the public.
(c) At the hearing, the person seeking compensation shall have the burden of establishing, by a preponderance of the evidence, the elements for eligibility under Section 13955.
(d) Except as otherwise provided by law, in making determinations of eligibility for compensation and in deciding upon the amount of compensation, the board shall apply the law in effect as of the date an application was submitted.
(e) (1) The hearing shall be informal and need not be conducted according to the technical rules relating to evidence and witnesses. The board may rely on any relevant evidence if it is the sort of evidence on which responsible persons are accustomed to rely on the conduct of serious affairs, regardless of the existence of a common law or statutory rule that might make improper the admission of the evidence over objection in a civil action. The board may rely on written reports prepared for the board, or other information received, from public agencies responsible for investigating the crime. If the applicant or the applicant’s representative chooses not to appear at the hearing, the board may act solely upon the application for compensation, the staff’s report, and other evidence that appears in the record.
(2) The board shall allow a service animal to accompany and support a witness while testifying at a hearing.
(f) Hearings shall be held in various locations with the frequency necessary to provide for the speedy adjudication of the appeals. If the applicant’s presence is required at the hearing, the board shall schedule the applicant’s hearing in as convenient a location as possible or conduct the hearing by telephone.
(g) The board may delegate the hearing of appeals to hearing officers.
(h) The decisions of the board shall be in writing within two months of the date the board received the appeal unless the board determines that there was insufficient information to make a decision. If the board determines that there was insufficient information to make a decision, the board shall notify the applicant in writing within two months of the date the board received the appeal. Copies of the decisions shall be delivered to the applicant or to the applicant’s representative personally or sent to them by mail.
(i) The board may order a reconsideration of all or part of a decision on written request of the applicant. The board shall not grant more than one request for reconsideration with respect to any one decision on an appeal for compensation. The board shall not consider any request for reconsideration filed with the board more than 365 calendar days after the personal delivery or the mailing of the original decision.
(j) The board may order a reconsideration of all or part of a decision on its own motion, at its discretion, at any time.
(k) Evidence submitted after the board has denied a request for reconsideration shall not be considered unless the board chooses to reconsider its decision on its own motion.

SEC. 14.SEC. 13.

 Section 13960 of the Government Code is amended to read:

13960.
 (a) Judicial review of a final decision made pursuant to this chapter may be had by filing a petition for a writ of mandate in accordance with Section 1094.5 of the Code of Civil Procedure. The right to petition shall not be affected by the failure to seek reconsideration before the board. The petition shall be filed as follows:
(1) Where no request for reconsideration is made, within 365 calendar days of personal delivery or the mailing of the board’s decision on the application for compensation.
(2) Where a timely request for reconsideration is filed and rejected by the board, within 365 calendar days of personal delivery or the mailing of the notice of rejection.
(3) Where a timely request for reconsideration is filed and granted by the board, or reconsideration is ordered by the board, within 365 calendar days of personal delivery or the mailing of the final decision on the reconsidered application.
(b) (1) In an action resulting in the issuance of a writ of mandate pursuant to this section the court may order the board to pay to the applicant’s attorney reasonable attorney’s fees or one thousand dollars ($1,000), whichever is less. If action is taken by the board in favor of the applicant in response to the filing of the petition, but prior to a judicial determination, the board shall pay the applicant’s costs of filing the petition.
(2) In case of appeal by the board of a decision on the petition for writ of mandate that results in a decision in favor of the applicant, the court may order the board to pay to the applicant’s attorney reasonable attorney fees.
(3) Nothing in this section shall be construed to prohibit or limit an award of attorney’s fees pursuant to Section 1021.5 of the Code of Civil Procedure.

SEC. 15.SEC. 14.

 Section 13962 of the Government Code is amended to read:

13962.
 (a) The board shall publicize through the board, law enforcement agencies, victim centers, hospitals, medical, mental health or other counseling service providers, and other public or private agencies, the existence of the program established pursuant to this chapter, including the procedures for obtaining compensation under the program.
(b) It shall be the duty of every local law enforcement agency to inform crime victims of the provisions of this chapter, of the existence of victim centers, of the existence of trauma recovery centers as described under Section 13963.1, and to provide application forms to victims who desire to seek compensation pursuant to this chapter. The board shall provide application forms and all other documents that local law enforcement agencies and victim centers may require to comply with this section. The board, in cooperation with victim centers, shall set standards to be followed by local law enforcement agencies for this purpose and may require them to file with the board a description of the procedures adopted by each agency to comply with the standards. The board shall conduct outreach to local law enforcement agencies about their duties under this section.
(c) Every local law enforcement agency shall annually provide to the board contact information for the Victims of Crime Liaison Officer designated pursuant to Section 649.36 of Title 2 of the California Code of Regulations.
(d) The board shall annually make available to the Victims of Crime Liaison Officer at every local law enforcement agency one hour of training on victim compensation in California and materials to educate the officers and staff in their law enforcement agencies and publicize the program within their jurisdictions.
(e) The board’s outreach pursuant to subdivision (a) and training pursuant to subdivision (d) shall affirm that neither access to information about victim compensation, nor an application for compensation, shall be denied on the basis of the victim’s or derivative victim’s membership in, association with, or affiliation with, a gang, or on the basis of the victim’s or derivative victim’s designation as a suspected gang member, associate, or affiliate in a shared gang database, as defined in Section 186.34 of the Penal Code.
(f) The board’s outreach pursuant to subdivision (a) and training pursuant to subdivision (d) shall affirm that neither access to information about victim compensation, nor an application for compensation, shall be denied on the basis of the victim’s or derivative victim’s documentation or immigration status.
(g) (1) The board shall provide every general acute care hospital in the state that operates an emergency department with both of the following:
(A) A poster developed by the board describing the existence of the program established pursuant to this chapter, including the procedures for obtaining compensation under the program.
(B) Application forms to distribute to victims and their family members who desire to seek compensation pursuant to this chapter.
(2) It shall be the duty of every general acute care hospital to display a poster provided to the hospital pursuant to subparagraph (A) of paragraph (1) prominently in the lobby or waiting area of its emergency department.

SEC. 16.SEC. 15.

 Section 679.027 is added to the Penal Code, to read:

679.027.
 (a) Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided herein, at the time of initial contact with a crime victim, during follow-up investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, inform each victim, or the victim’s next of kin if the victim is deceased, of the rights they may have under applicable law relating to the victimization, including rights relating to housing, employment, compensation, and immigration relief.
(b) (1) Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided herein, at the time of initial contact with a crime victim, during follow-up investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, provide or make available to each victim of the criminal act without charge or cost a “Victim Protections and Resources” card described in paragraph (3).
(2) The Victim Protections and Resources card may be designed as part of and included with the “Marsy Rights” card described by Section 679.026.
(3) By June 1, 2023, the Attorney General shall design and make available in PDF or other imaging format to every agency listed in paragraph (1) a “Victim Protections and Resources” card, which shall contain information in lay terms about victim rights and resources, including, but not limited to, the following:
(A) Information about the rights provided by Sections 230 and 230.1 of the Labor Code.
(B) Information about the rights provided by Section 1946.7 of the Civil Code.
(C) Information about the rights provided by Section 1161.3 of the Civil Code, including information in lay terms about which crimes and tenants are eligible and under what circumstances.
(D) Information about federal immigration relief available to certain victims of crime.
(E) Information about the program established by Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code, including information about the types of expenses the program may reimburse, eligibility, and how to apply.
(F) Information about the program established by Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code.
(G) Information about eligibility for filing a restraining or protective order.
(H) Contact information for the Victims’ Legal Resource Center established by Chapter 11 (commencing with Section 13897) of Title 6 of Part 4.
(I) A list of trauma recovery centers funded by the state pursuant to Section 13963.1 of the Government Code, with their contact information, which shall be updated annually.

SEC. 17.Section 4900 of the Penal Code is amended to read:
4900.

(a)Any person who, having been convicted of any crime against the state amounting to a felony, is granted a pardon by the Governor for the reason that the crime with which they were charged was either not committed at all or, if committed, was not committed by the person, or who, being innocent of the crime with which they were charged for either of those reasons, have served the term or any part thereof for which they were imprisoned in state prison, incarcerated in county jail, on parole, or under supervised release, may, under the conditions provided under this chapter, present a claim against the state to the California Victim Compensation Board for the erroneous conviction and imprisonment or incarceration served solely as a result of the former conviction.

(b)If a state or federal court has granted a writ of habeas corpus or if a state court has granted a motion to vacate pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, and the charges were subsequently dismissed, or the person was acquitted of the charges on a retrial, the California Victim Compensation Board shall, upon application by the person, and without a hearing, recommend to the Legislature that an appropriation be made and the claim paid pursuant to Section 4904, unless the Attorney General establishes pursuant to subdivision (d) of Section 4902, that the claimant is not entitled to compensation.

SEC. 16.

 Section 4900 of the Penal Code is amended to read:

4900.
 (a) Any person who, having been convicted of any crime against the state amounting to a felony and imprisoned in the state prison or incarcerated in county jail pursuant to subdivision (h) of Section 1170 for that conviction, felony, is granted a pardon by the Governor for the reason that the crime with which they were charged was either not committed at all or, if committed, was not committed by the person, or who, being innocent of the crime with which they were charged for either of those reasons, shall have has served the term or any part thereof for which they were imprisoned in state prison or prison, incarcerated in county jail, on parole, or under supervised release, may, under the conditions provided under this chapter, present a claim against the state to the California Victim Compensation Board for the injury sustained by the person through the erroneous conviction and imprisonment or incarceration. incarceration served solely as a result of the former conviction.
(b) If a state or federal court has granted a writ of habeas corpus or if a state court has granted a motion to vacate pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, and the charges were subsequently dismissed, or the person was acquitted of the charges on a retrial, the California Victim Compensation Board shall, upon application by the person, and without a hearing, approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature, pursuant to Section 4904, unless the Attorney General establishes pursuant to subdivision (d) of Section 4902, that the claimant is not entitled to compensation.

SEC. 18.SEC. 17.

 Section 4903 of the Penal Code is amended to read:

4903.
 (a) Except as provided in Sections 851.865 and 1485.55, and in subdivision (b) of Section 4900, the board shall fix a time and place for the hearing of the claim. At the hearing the claimant shall introduce evidence in support of the claim, and the Attorney General may introduce evidence in opposition thereto. The claimant shall prove the facts set forth in the statement constituting the claim, including the fact that the crime with which they were charged was either not committed at all, or, if committed, was not committed by the claimant, and that they were incarcerated solely as a result of the former conviction.
(b) For claims falling within subdivision (b) of Section 4900 in which the Attorney General objects to the claim pursuant to subdivision (d) of Section 4902, the board shall fix a time and place for the hearing of the claim. At the hearing, the Attorney General shall bear the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. The claimant may introduce evidence in support of the claim.
(c) In a hearing before the board, the factual findings and credibility determinations establishing the court’s basis for writ of habeas corpus, a motion to vacate pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, or an application for a certificate of factual innocence as described in Section 1485.5 shall be binding on the Attorney General, the factfinder, and the board.
(d) A conviction reversed and dismissed is no longer valid, thus the Attorney General may not rely on the fact that the state still maintains that the claimant is guilty of the crime for which they were wrongfully convicted, that the state defended the conviction against the claimant through court litigation, or that there was a conviction to establish that the claimant is not entitled to compensation. The Attorney General may also not rely solely on the trial record to establish that the claimant is not entitled to compensation.
(e) The board shall deny payment of any claim if the board finds by a preponderance of the evidence that a claimant pled guilty with the specific intent to protect another from prosecution for the underlying conviction for which the claimant is seeking compensation.
(f) A presumption does not exist in any other proceeding if the claim for compensation is denied pursuant to this section. No res judicata or collateral estoppel finding shall be made in any other proceeding if the claim for compensation is denied pursuant to this section.

SEC. 19.Section 4904 of the Penal Code is amended to read:
4904.

(a)If the evidence shows that the crime with which the claimant was charged was either not committed at all, or, if committed, was not committed by the claimant, or for claims pursuant to subdivision (b) of Section 4900, the Attorney General’s office has not met their burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense, the California Victim Compensation Board shall report the facts of the case and its conclusions to the next Legislature, with a recommendation that the Legislature make an appropriation for the purpose of compensating the claimant. The amount of the appropriation recommended shall include the following:

(1)A sum equivalent to one hundred forty dollars ($140) per day of incarceration served solely as a result of the former conviction, and shall include any time spent in custody, including in a county jail, that is considered to be part of the term of incarceration.

(2)A sum equivalent to seventy dollars ($70) per day served on parole pursuant to Section 3000 or 3000.1 or on supervised release solely as a result of the former conviction.

(3)Reasonable attorney fees and costs incurred by or on behalf of the claimant in overturning the claimant’s conviction or securing a pardon.

(4)Reasonable attorney fees and costs incurred by or on behalf of the claimant in obtaining compensation under this section or obtaining a finding of factual innocence under Section 851.8, 851.86, 1473.7, or 1485.55. When an award is made under this paragraph, a claimant’s attorney many not collect any fees or costs in excess of the amount awarded.

(b)The appropriation amounts provided in paragraphs (1) and (2) of subdivision (a) shall be updated annually to reflect changes in the Bureau of Labor Statistics Consumer Price Index, West Region commencing one year after this section becomes effective.

(c)Pursuant to Section 17156.1 of the Revenue and Taxation Code, funds received by the claimant under this section shall not be treated as gross income to the recipient.

SEC. 18.

 Section 4904 of the Penal Code is amended to read:

4904.
 (a) If the evidence shows that the crime with which the claimant was charged was either not committed at all, or, if committed, was not committed by the claimant, or for claims pursuant to subdivision (b) of Section 4900, the Attorney General’s office has not met their burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense, and the California Victim Compensation Board has found that the claimant has sustained injury through their erroneous conviction and imprisonment, the California Victim Compensation Board shall approve payment for the purpose of indemnifying compensating the claimant for the injury if sufficient funds are available, upon appropriation by the Legislature. The amount of the payment shall be a include the following:
(1) A sum equivalent to one hundred forty dollars ($140) per day of incarceration served, served solely as a result of the former conviction, and shall include any time spent in custody, including in a county jail, that is considered to be part of the term of incarceration. That payment
(2) A sum equivalent to seventy dollars ($70) per day served on parole pursuant to Section 3000 or 3000.1 or on supervised release solely as a result of the former conviction.
(3) Reasonable attorney fees and costs incurred by or on behalf of the claimant in overturning the claimant’s conviction or securing a pardon.
(4) Reasonable attorney fees and costs incurred by or on behalf of the claimant in obtaining compensation under this section or obtaining a finding of factual innocence under Section 851.8, 851.86, 1473.7, or 1485.55. When an award is made under this paragraph, a claimant’s attorney shall not collect any fees or costs in excess of the amount awarded.
(b) The amounts provided in paragraphs (1) and (2) of subdivision (a) shall be updated annually to reflect changes in the Bureau of Labor Statistics Consumer Price Index, West Region, commencing one year after this section becomes effective.
(c) Funds received by the claimant under this section shall not be treated as gross income to the recipient under the Revenue and Taxation Code.

SEC. 20.SEC. 19.

 Section 4904.1 is added to the Penal Code, to read:

4904.1.
 (a) A person who served time on parole pursuant to Section 3000 or 3000.1 or on supervised release pursuant to Section 3074 before the effective date of the act adding this section and who is made eligible for compensation under paragraph (2) of subdivision (a) of Section 4904 by the act adding this section may present a claim pursuant to this chapter within three years of the effective date of the act adding this section.
(b) (1) A person who previously brought a claim pursuant to this chapter and who served time on parole pursuant to Section 3000 or 3000.1 or on supervised release pursuant to Section 3074 before the effective date of the act adding this section may present a supplementary claim within three years of the effective date of the act adding this section for compensation under paragraph (2) of subdivision (a) of Section 4904.
(2) If the California Victim Compensation Board recommended pursuant to Section 4904 that the Legislature make an appropriation for the purpose of indemnifying the claimant for the previous claim, the board shall recommend that the Legislature make an appropriation for the purpose of indemnifying the claimant for the supplementary claim presented pursuant to paragraph (1) if the claimant establishes that compensation is required pursuant to paragraph (2) of subdivision (a) of Section 4904.

SEC. 21.SEC. 20.

 Section 11155.1 is added to the Penal Code, to read:

11155.1.
 (a) If the victim of the crime for which the incarcerated person was convicted, or the victim’s next of kin if the crime was a homicide, has submitted a request for notice under this article with the Department of Corrections and Rehabilitation, the department shall provide a notice described by subdivision (b) to the victim or next of kin by the later of:
(1) Thirty days after the department receives the request.
(2) Thirty days after the defendant’s entry into custody with the department.
(b) Notice provided under this section shall include all of the following information:
(1) Information about how to access current information regarding the projected sentence and projected parole eligibility date of the defendant.
(2) General information not specific to the incarcerated person that a parole eligibility date and actual release date may be affected by credit earning or other factors in current or future law.
(3) General educational information not specific to the incarcerated person about rehabilitative programming offered to incarcerated individuals, the purpose of that programming, how release or parole decisions are made, how incarcerated individuals may earn credits toward eventual release, how credits may impact incarcerated individuals’ sentences, factors considered in release decisions, and safety precautions generally taken concerning release.
(4) General information not specific to the incarcerated person regarding the process for the convicted person to appeal the verdict or the sentence and how an appeal could change the verdict or the sentence.
(5) Contact information for, or direct referrals to, peer support groups and nonprofit community-based organizations that support victims, witnesses, and family members.
(6) Information about the availability of, or direct referrals to, free or low-cost civil legal services or information for victims of crime that can help victims with immigration issues, family law issues, housing or employment issues, financial issues, or other civil law issues that may relate to the crime.
(7) Information about opportunities for victims or their family members to engage in restorative justice programs, including, but not limited to, Victim Offender Dialogues, if available.
(8) Information about the rights provided by Sections 230 and 230.1 of the Labor Code.
(9) Information about the rights provided by Section 1161.3 of the Civil Code if the crime is an eligible offense under that section.
(10) Information about federal immigration relief available to certain victims of crime if the crime was an offense that may make the victim eligible for such relief.
(11) Information about the program established by Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code, including information about the types of expenses the program may reimburse, eligibility, and how to apply.
(12) If available, information about or direct referrals to community-based or governmental programs that can provide victims with flexible cash assistance to cover expenses related to the crime.
(13) Contact information for, or direct referral to, the trauma recovery center closest to the requesting party that meets the requirements of Section 13963.1 of the Government Code.
(c) (1) The department shall provide the notice required by this section as follows:
(A) If requested by the victim or victim’s next of kin, a telephone call from a live representative.
(B) One of the following methods if and as requested by the victim or victim’s next of kin:
(i) Certified mail.
(ii) Email.
(iii) Text message from a live representative.
(2) If a victim’s or victim’s next of kin’s contact information provided to the department is no longer current, the department shall make a diligent, good faith effort to learn the whereabouts of the victim or next of kin to comply with notification requirements of this subdivision.
(d) If a victim or victim’s next of kin has submitted a request for notice under this article with the Department of Corrections and Rehabilitation, both of the following shall be confidential and shall not be available to the incarcerated person:
(1) Information regarding the victim’s or victim’s next of kin’s request.
(2) The notice provided to the victim or the victim’s next of kin.
(e) The department may contract with one or more nonprofit community-based organizations that have a documented record of providing trauma-informed services to victims of crime and their families to provide notices required by this article. The department shall ensure that a nonprofit community-based organization contracted to provide notice to victims or victims’ next of kin has sufficient procedures and protocols in place to maintain the confidentiality of information about victims and victims’ next of kin.

SEC. 22.SEC. 21.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.