Existing law provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law sets forth eligibility requirements and specified limits on the amount of compensation the board may award, and requires applications for compensation to be verified under penalty of perjury. This bill would create the San Diego County Elder or Dependent Adult Financial Abuse Crime Victim Compensation Pilot Program and would authorize the board, upon appropriation by the Legislature before January 1, 2020, to provide victims of elder or dependent adult financial abuse compensation to reimburse costs for financial counseling, mental health counseling, or supportive services, as specified, if the crime occurred in the County of San Diego. The bill would limit compensation pursuant to this authorization to $3,000 per person and an aggregate total of $1,000,000. The bill would exclude a derivative victim from eligibility for compensation if the only crime the victim suffered was elder or dependent adult financial abuse. The bill would authorize the pilot program to operate until January 1, 2021. The bill would require the board to report specified information related to the pilot program to the Legislature and Governor on or before July 1, 2021. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would repeal these provisions on January 1, 2022. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Diego. 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 no reimbursement is required by this act for a specified reason.
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(1) Existing law provides for the indemnification of victims of crime and commits the administration of these provisions to the California Victim Compensation Board. Existing law authorizes specified parties to apply for compensation, including a derivative victim and authorized representatives. Existing law provides for the payment of victim's compensation from the Restitution Fund and provides that moneys in the fund are continuously appropriated, as specified. This bill would prohibit a suspected perpetrator for the crime for which compensation is sought from being an authorized representative, as described above. (2) Existing law generally requires an application for compensation to be filed within specified time periods, including within 3 years of the date of the crime or 3 years after the victim attains 18 years of age, whichever is later. Existing law permits an application based on specified sex offenses to be filed at any time prior to the victim's 28th birthday. Existing law permits the board to extend these limits for good cause, based on certain considerations. This bill would extend the time for applying for compensation with regard to specified sex offenses by permitting an application to be filed at any time prior to the victim's 40th birthday. The bill would provide an indefinite application period for certain crimes, including rape, as specified. The bill would add preparation for testimony as a condition the board may consider for extending the time for application. (3) Existing law establishes requirements pursuant to which a person will be eligible for compensation. Existing law prescribes, in this regard, the characteristics of derivative victims and establishes when a victim or derivative victim may apply for compensation for emotional injury. This bill would revise provisions relating to types of derivative victims eligible for compensation to acknowledge that a minor victim may have more than one primary care giver, as specified. The bill would expand the number of crimes for which a victim or derivative victim may be granted compensation for emotional injury. By expanding the purposes for which a continuously appropriated fund may be spent, this bill would make an appropriation. (4) Existing law authorizes the board to grant compensation to a person for pecuniary loss relating to specified expenses, including psychiatric and mental health counseling, and prescribes limits on reimbursement for specified services and the circumstances pursuant to which they are received. In this regard, existing law generally distinguishes between victims and derivative victims. This bill, among other things, would broaden the circumstances pursuant to which psychiatric, psychological, and mental health counseling may be reimbursed and its application to derivative victims. The bill would increase limits on amounts that may be reimbursed for residential security, relocating, and cleaning the scene of a crime. The bill would explicitly authorize reimbursement for child care costs and transportation costs under certain circumstances. The bill would authorize the board, in establishing rates and service limitations for medical and medical-related services, and for mental health and counseling services, to consider the extent to which they are related to crimes. The bill would enlarge the authority of the board to compensate adult victims for lost income as a result of specified actions directly related to a qualifying crime. By increasing the purposes and amounts for which a continuously appropriated fund may be spent, this bill would make an appropriation.
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law provides for a schedule of benefits provided under the Medi-Cal program, which includes certain dental services that are referred to as Denti-Cal. Existing law, the California Healthcare, Research, and Prevention Tobacco Tax Act of 2016, or Proposition 56, which was approved by voters at the November 8, 2016, statewide general election, increases taxes imposed on distributors of cigarettes and tobacco products and allocates a specified percentage of those revenues to the department to increase funding for existing health care programs under the Medi-Cal program. Existing law establishes the Healthcare Treatment Fund for this purpose. This bill would require the department, for the 2017–18 fiscal year, to double Denti-Cal provider reimbursement rates for the 15 most common prevention, treatment, and oral evaluation services based on the average rates per service established in the 2015–16 fiscal year. The bill would appropriate for the 2017–18 fiscal year such an amount as may be necessary to double the reimbursement rates from the Healthcare Treatment Fund to the department, as specified.
Existing law provides for the procedure of approving and accepting bail, and issuing an order for the appearance and release of an arrested person. Existing law requires that bail be set in a fixed amount, as specified, and requires, in setting, reducing, or denying bail, a judge or magistrate to take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at trial or at a hearing of the case. Under existing law, the magistrate or commissioner to whom the application is made is authorized to set bail in an amount that he or she deems sufficient to ensure the defendant's appearance or to ensure the protection of a victim, or family member of a victim, of domestic violence, and to set bail on the terms and conditions that he or she, in his or her discretion, deems appropriate, or he or she may authorize the defendant's release on his or her own recognizance. Existing law provides that a defendant being held for a misdemeanor offense is entitled to be released on his or her own recognizance, unless the court makes a finding on the record that his or her release would compromise public safety or would not reasonably ensure the appearance of the defendant as required. This bill would state the intent of the Legislature to enact legislation to safely reduce the number of people detained pretrial, while addressing racial and economic disparities in the pretrial system, to ensure that people are not held in pretrial detention simply because of their inability to afford money bail. This bill would implement a revised pretrial release procedure. The bill would require, except when a person is arrested for certain felonies, that a pretrial services agency conduct a pretrial risk assessment on an arrested person and prepare a pretrial services report that includes the results of the pretrial risk assessment and recommendations on conditions of release for the person immediately upon booking. The bill would require the pretrial services agency to transmit the report to a magistrate, judge, or court commissioner and the magistrate, judge, or court commissioner, within an unspecified number of hours, to issue an oral or written order to release the person, with or without release conditions, subject to the person signing a specified release agreement. The bill would require, if a person is in custody at the time of his or her arraignment, the judge or magistrate to consider the pretrial services report and any relevant information provided by the prosecuting attorney or the defendant and to order the pretrial release of the person, with or without conditions, subject to the person signing a specified release agreement. If the judge or magistrate determines that pretrial release, with or without conditions, will not reasonably ensure the appearance of the person in court as required, the bill would require the judge or magistrate to set monetary bail at the least restrictive level necessary to ensure the appearance of the defendant in court as required. The bill would authorize, if the judge or magistrate has set monetary bail, the person to execute an unsecured appearance bond, execute a secured appearance bond, or deposit a percentage of the sum mentioned in the order setting monetary bail. The bill would authorize a prosecuting attorney to file a motion seeking the pretrial detention of a person in certain circumstances, including when the person has been charged with a capital crime and the prosecuting attorney alleges that the facts are evident or the presumption great. The bill would require, if this motion has been filed, a hearing to be held to determine whether to release the person pending trial, unless the person waives the hearing. The bill would authorize the person to be detained pretrial only if the court makes one of several specified findings. The bill would require each county to establish a pretrial services agency that would be responsible for gathering information about newly arrested persons, conducting pretrial risk assessments, preparing individually tailored recommendations to the court regarding release options and conditions, and providing pretrial services and supervision to persons on pretrial release. The bill would require an unspecified agency to take certain actions relating to the implementation of the revised pretrial release procedure, including, among others, selecting a pretrial risk assessment tool to be used in conducting pretrial risk assessments that meets specified requirements and reviewing collected data to monitor compliance with state law and guidelines relating to pretrial release. The bill would also authorize that agency to take certain actions relating to the implementation of the revised pretrial release procedure, including, among other things, providing training and assistance to judges, prosecutors, defense attorneys, pretrial services agencies, jail staff, and law enforcement agencies. The bill would require the Board of State and Community Corrections, in consultation with that unspecified agency, to develop a plan that establishes statewide requirements for counties relating to annual reporting of pretrial release and detention information. By imposing additional duties on local agencies, this bill would impose a state-mandated local program. 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.
The Planning and Zoning Law prohibits a city, county, city and county, and other local governmental agency from prohibiting or discriminating against a residential development or emergency shelter because of specified reasons. Existing law also prohibits a city, county, city and county, and other local governmental agency from imposing different requirements on a residential development or an emergency shelter that is subsidized, financed, insured, or otherwise assisted by the federal or state government or by a local public entity than those imposed on nonassisted developments, except as specified. Existing law specifies that a city, county, or city and county is not prohibited from extending preferential treatment to residential developments or emergency shelters, as specified. This bill would additionally apply these provisions to transitional housing.
Existing law prohibits a person from engaging in or carrying on the occupation of a talent agency without a license from the Labor Commissioner. Existing law authorizes the commissioner to revoke or suspend any license if it is shown that the licensee or his or her agent has violated or failed to comply with any of the provisions governing talent agencies. Existing law requires an application for license renewal to state the names and addresses of all persons, except bona fide employees on stated salaries, financially interested as partners, associates, or profit sharers, in the operation of the business of the talent agency. This bill would additionally require that the application for renewal include the email addresses of those persons.
Existing law requires the Office of Emergency Services, in coordination with all interested state agencies with designated response roles in the State Emergency Plan and interested local emergency management agencies, to jointly establish by regulation a Standardized Emergency Management System for use by all emergency response agencies, as specified. Existing law requires all state agencies to use the Standardized Emergency Management System to coordinate multiple jurisdiction or multiple agency emergency and disaster operations. Existing law requires the Office of Emergency Services, in coordination with the Office of the State Fire Marshal, the Department of the California Highway Patrol, the Commission on Peace Officer Standards and Training, the Emergency Medical Services Authority, and all other interested state agencies with designated response roles in the State Emergency Plan, to jointly develop an approved course of instruction for use in training all emergency response personnel, consisting of the concepts and procedures associated with the Standardized Emergency Management System. This bill would appropriate $3,000,000 from the General Fund to the Office of Emergency Services to fund current disaster preparedness, resiliency, and response programs in underserved neighborhoods and communities that may be subject to earthquake, fire, or other disaster. The bill would require the office to distribute the funds on or before June 31, 2018, to a qualified charitable organization, as defined, that provides a regional disaster preparedness, response, and resilience program to underserved neighborhoods and communities that meets specified criteria, including that it have, among other things, an educational component that aims to educate underserved neighborhoods and communities on the risks that make them more susceptible to disasters and emergencies, and have a focus on increasing reliance with a volunteer workforce to support disaster response.
Existing law authorizes the establishment of a local transportation authority in any county and authorizes the authority, with a 23 vote of the authority and upon approval of 23 of the voters, to impose a retail transactions and use tax for specified transportation purposes if a county transportation expenditure plan is adopted. This bill would authorize an authority to impose a tax applicable to only a portion of its county if 23 of the voters voting on the measure within the portion of the county to which the tax would apply vote to approve the tax, as specified, and other requirements are met, including that the revenues derived from the tax be spent within, or for the benefit of, the portion of the county to which the tax would apply. The bill would also make conforming changes. This bill would enact similar provisions specifically applicable to the authority of the San Diego Association of Governments, also known as the consolidated agency, to impose a transactions and use tax for transportation purposes.