BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 556| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 556 Author: De León (D) Amended: 5/4/15 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/28/15 AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 SUBJECT: Victims of crime: indemnification: applications SOURCE: Californians for Safety and Justice DIGEST: This bill requires the Victims Compensation and Government Claims Board (VCGCB) to 1) annually post on its Internet Web site progress and current average time of processing applications, the number of incomplete applications received and the number of applications approved and denied; and 2) define "time processing applications" as the period of time that begins with the date the board receives an application and ends when a decision to approve or deny the application has been made and notice sent to the applicant. ANALYSIS: Existing law: SB 556 Page 2 1)Establishes the VCGCB to operate the California Victim Compensation Program (CalVCP). (Gov. Code §§ 13950 et. seq.) 2)Provides than an application for compensation shall be filed with VCGCB in the manner determined by the VCGCB. (Gov. Code § 13952, subd.(a).) 3)Provides that the VCGCB shall approve or deny applications within an average of 90 calendar days and no later than 180 from "of acceptance" of the application by the board or victim center. Requires the VCGCB report quarterly to the Legislature until it has met these time requirements for two consecutive quarters. 4)Requires, if the VCGCB does not approve or deny a claim within "180 days of the date it is accepted," it advise the applicant in writing of the reasons for the failure to rule on the application. (Gov. Code § 13958.) This bill: 1)Requires the VCGCB to annually post on its Internet Web site the following: Progress and current average time of processing applications; The number of incomplete applications received; and The number of approved and denied applications. 1)Defines "time processing applications" as the period of time that begins with the date the VCGCB receives an application and ends when a decision to approve or deny the application has been made and notice sent to the applicant. Background The Legislature and the State Auditor have evaluated the VCGCB a number of times over the past decade. A consistent concern has been the length of time the VCGCB takes to review and act on SB 556 Page 3 applications for assistance. As noted above, the Legislature has set standards for the VCGCB to meet in this regard. However, it appears that it has been difficult to determine if the VCGCB has met the standards for approving or denying applications. This bill defines what constitutes the time for processing an application and requires posting of data and information so that the VCGCB's performance in acting on applications in a timely fashion can be evaluated. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No SUPPORT: (Verified 5/12/15) None received OPPOSITION: (Verified 5/12/15) None received ARGUMENTS IN SUPPORT: According to the author: The California Victim Compensation Program (CalVCP helps victims by reimbursing or covering victims for expenses resulting from certain violent crimes, including medical treatment, mental health services, and lost income. A crime victim must first apply to the program to determine eligibility. Some applications get held up in the process for extended lengths of time, leaving many eligible victims stuck with paying bills out of pocket or unable to receive treatment or services. To curb delays, starting in 2003 the Legislature required CalVCP to act on applications within an average of 90 days, but no later than 180 days, and required the program to report back to the Legislature whenever the 90-day-average standard was not being SB 556 Page 4 met. In 2004, the board changed the method of calculating the processing time by starting the period only when it accepts a completed application and not including the length of time an application was submitted as incomplete. The current method used by CalVCP is not a true reflection of how long it takes the program to process applications and may be masking a problem of lengthy processing times that hinders crime victims in their efforts in rehabilitation and moving on with their lives. This bill will provide public accountability and transparency in the CalVCP application process. Victims and the Legislature can adequately assess the performance of the CalVCP and determine if improvements in the process should be made. Prepared by: Jerome McGuire / PUB. S. / 5/13/15 15:56:02 **** END ****