reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.28 - Oversight of Medical, Medical-Related, and Mental Health Providers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  provider of medical, medical-related, or mental health services who receives
				  payment from, or whose services were reimbursed by, the Board may be subject to
				  a clinical or fiscal audit, or both, to ensure that treatment and reimbursement
				  were authorized by law.
(b) A
				  provider shall make all necessary clinical and fiscal records available to the
				  Board for review upon request for up to three years after the date that
				  reimbursement was paid.
(c) A
				  corrective action plan may be imposed by the Board if any of the following
				  circumstances apply:
(1) A provider fails to
				  comply with a clinical or fiscal audit.
(2) A provider fails to submit requested
				  documentation to verify the victim's or derivative victim's losses or
				  injury.
(3) A provider fails to
				  submit requested documentation to verify the services provided.
(4) A provider provides, or causes another to
				  provide, false information to the Board.
(5) A provider misrepresents a victim's or
				  derivative victim's disability, injury, or other need for treatment or
				  services.
(6) A provider fails to
				  comply with statutes and regulations established by their licensing, oversight,
				  or governing bodies.
(7) A provider
				  fails to comply with any statutes or regulations governing claims before the
				  Board.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.30 - Lien

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In all cases the victim, derivative victim, or applicant
					 shall execute a lien in favor of the Restitution Fund, which shall be submitted
					 with the application and may be utilized by the VCP to seek reimbursement in
					 the event that civil proceedings based on the qualifying crime are commenced
					 and result in any recovery of funds.
1. Change
					 without regulatory effect renumbering former section
					 649.16 to section
					 649.30, including amendment of
					 NOTE, filed 12-6-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 49).
2. Amendment filed 6-12-2009;
					 operative 7-12-2009 (Register 2009, No. 24).
Note: Authority cited: Section
						13974,
						Government Code. Reference: Section
						13963,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.31 - Reimbursement Sources

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the event that other reimbursement sources are disclosed
					 as required during verification, the applicant shall obtain and provide a
					 written explanation of such benefits from the insurer, or benefit program
					 setting forth a determination of eligibility as regards the victim, the
					 victim's survivors, or derivative victim as well as the dollar amount of
					 assistance or reparations to which the victim, the victim's survivors, or
					 derivative victim is entitled. In the event that the applicant is unable to
					 obtain an explanation of benefits, the VCP or joint powers victim witness
					 center shall take steps to obtain such explanation of benefits or other
					 verification from the insurer or benefit program. If a supplemental claim or
					 expense is directly related to the qualifying crime and requested information
					 is not received after a reasonable amount of time, the supplemental claim or
					 expense will be considered allowed. However, no payment will be made until the
					 necessary information regarding reimbursement sources is
					 received.
1. Change
					 without regulatory effect renumbering former section
					 649.17 to section
					 649.31, including amendment of
					 NOTE, filed 12-6-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 49).
2. Amendment of section heading
					 and section filed 6-12-2009; operative 7-12-2009 (Register 2009, No.
					 24).
3. Amendment of section heading and section filed 1-6-2011;
					 operative 2-5-2011 (Register 2011, No. 1).
Note: Authority cited: Section
						13974,
						Government Code. Reference: Sections
						13951,
						13952,
						13954 and
						13957(b),
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.32 - Verification of Income or Support Loss

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Board shall only pay income or
				  support loss if the victim was employed or receiving earned income benefits at
				  the time of the qualifying crime. The Board will not pay income or support loss
				  if the victim, or derivative victim in the limited cases where a derivative is
				  eligible for income loss, had only a job offer at the time of the qualifying
				  crime but had not begun working.
(b) All cash payments or reimbursement for
				  income or support loss shall be necessary as a direct result of the qualifying
				  crime.
(c) Income loss includes,
				  but is not limited to, time lost from work for medical or mental health
				  appointments necessary as a direct result of the qualifying crime.
(d) Acceptable evidence of income loss for
				  employed individuals shall be in the form of the following:
(1) documentation for the tax year preceding
				  the date of the qualifying crime or during the year of the qualifying crime
				  from the California Franchise Tax Board (FTB), and either (2) or (3).
(2) Verification through the Work Number, or
				  similar vendor, if the employer contracts with a vendor for employment
				  verification, or
(3) a statement
				  under penalty of perjury from the employer acknowledging that the applicant was
				  employed, the dates of employment, the time missed from work as a direct result
				  of the qualifying crime, the rate of pay, and all benefits the applicant
				  received from the employer.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.32.1 - Income or Support Loss Resulting from the Deprivation of Liberty

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notwithstanding
				  Section 649.32 of this article, a victim of
				  human trafficking pursuant to Government Code section
				  13957.5,
				  subdivision (a)(5) may be compensated for loss of income or support directly
				  resulting from the deprivation of liberty during the qualifying
				  crime.
(b) Acceptable evidence of
				  income or support loss for victims under this section shall include reliable,
				  corroborating information, including, but not limited to:
(1) A statement under penalty of perjury from
				  the applicant, a human trafficking caseworker as defined in Evidence Code
				  section
				  1038.2, a
				  licensed attorney, or a witness to the circumstances of the qualifying crime;
				  or
(2) a Law Enforcement Agency
				  Endorsement issued pursuant to Penal Code section
				  236.2;
				  or
(3) a certification or
				  eligibility letter from a government agency for a special visa as a refugee due
				  to human trafficking or other government benefits as a result of human
				  trafficking; or
(4) an approval
				  notice from the United States Citizenship and Immigration Services for an
				  Application for T Nonimmigrant Status.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.33 - Derivative Victims Eligible for Support Loss

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A derivative victim may be eligible for
				  reimbursement of support loss if the derivative victim was legally dependant on
				  the victim at the time of the crime.
(b) A derivative victim who is legally
				  dependent on the victim at the time of the crime, includes but is not limited
				  to:
(1) a minor child who is the legal
				  dependent of each parent or legally adoptive parent;
(2) each spouse or registered domestic
				  partner is the dependent of the other spouse or registered domestic partner;
				  or
(3) an incapacitated adult that
				  is the legal dependent of another adult or an unborn child conceived before the
				  date of the crime.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.34 - Eligibility of Law Enforcement Officers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A law enforcement officer who is a victim of a qualifying
					 crime while acting within the course and scope of the officer's employment
					 shall receive assistance for which the officer is otherwise
					 eligible.
1. Change
					 without regulatory effect renumbering former section
					 651.4 to section
					 649.34, including amendment of
					 NOTE, filed 12-6-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 49).
Note: Authority cited: Sections
						13920 and
						13974,
						Government Code. Reference: Sections
						13951 and
						13955,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.35 - Duty of Local Law Enforcement Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notice of the Victims of Crime Act shall be given by local
					 law enforcement agencies either in person or by mail, or in conjunction with
					 local victim witness assistance centers, to all victims of crimes or their
					 dependents at the time of the incident or as soon as possible thereafter. The
					 notice as required by Government Code section
					 13962(b)
					 shall be given in accordance with the written procedures developed by the
					 agency pursuant to Section
					 649.36 of this article. In
					 addition, new officers shall be advised by their superiors upon entering
					 service of the particulars of the VCP Program. Instruction concerning the
					 program shall be made a part of the training curriculum for all trainee
					 officers.
1. Change
					 without regulatory effect renumbering former section
					 649.7 to section
					 649.35, including amendment of
					 section and NOTE, filed 12-6-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 49).
2. Amendment filed 6-12-2009;
					 operative 7-12-2009 (Register 2009, No. 24).
Note: Authority cited: Section
						13920,
						Government Code. Reference: Section
						13962,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.36 - Victims of Crime Liaison Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each local law enforcement agency shall designate a Victims
					 of Crime Liaison Officer. The VCP shall be advised of the name, business
					 address and telephone number of the person appointed. In carrying out the
					 agency's responsibility under California Government Code Section
					 13962(b)
					 and Section
					 649.35 of this article, the Liaison
					 Officer shall devise and implement written procedures whereby victims, or their
					 dependents or family, are notified and provided forms for filing under the VCP.
					 These procedures shall be available for examination, upon request, by the
					 Board. It shall also be the responsibility of the Liaison Officers or their
					 designees to respond to inquiries from interested persons concerning procedures
					 for filing a claim under the VCP. Liaison Officers or their designees shall
					 provide to interested persons applications supplied by the VCP explaining the
					 VCP.
1. Change
					 without regulatory effect renumbering former section
					 649.8 to section
					 649.36, including amendment of
					 section and NOTE, filed 12-6-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 49).
2. Amendment filed 6-12-2009;
					 operative 7-12-2009 (Register 2009, No. 24).
Note: Authority cited: Section
						13920,
						Government Code. Reference: Section
						13962,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.37 - Proof of the Qualifying Crime

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An applicant has the burden of proving each element of a
					 qualifying crime.
1. Change
					 without regulatory effect renumbering former section
					 653.4 to section
					 649.37, including amendment of
					 NOTE, filed 12-6-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 49).
Note: Authority cited: Sections
						13920 and
						13974,
						Government Code. Reference: Sections
						13951,
						13956 and
						13959,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.38 - Evidence of the Qualifying Crime

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A conviction shall be sufficient proof
				  that a crime occurred.
(b)
				  Significant weight may be given to the evidence from and conclusions of a law
				  enforcement agency after investigation of the qualifying crime when determining
				  whether or not a qualifying crime occurred.
(c) Factors that may be considered as
				  evidence of a qualifying crime include, but are not limited to:
(1) an admission of guilt to law enforcement;
				  and
(2) the filing of a criminal
				  charge for the qualifying crime.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.39 - Emotional Injury

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A victim or derivative victim may be compensated for
					 emotional injury if the victim also sustained one of the following:
(a) physical injury; or
(b) threat of physical injury.
1. Change
					 without regulatory effect renumbering former section
					 652.1 to section
					 649.39, including amendment of
					 NOTE, filed 12-6-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 49).
Note: Authority cited: Sections
						13920 and
						13974,
						Government Code. Reference: Section
						13955(f),
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.40 - Examples of Threat of Physical Injury

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A threat of physical injury includes, but is not limited to
					 the following situations:
(a) the
				  victim was directly threatened with a weapon;
(b) the victim was within sight of a person
				  brandishing a weapon and reasonably felt threatened for his or her own
				  safety;
(c) the victim was directly
				  threatened verbally with serious bodily injury and there was a reasonable
				  probability that:
(1) the threat would be
				  carried out; and
(2) physical
				  injury would result if the threat were carried out.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.41 - Acts Constituting One Qualifying Crime

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An act or series of acts by a perpetrator
				  or perpetrators that is a continuing series of events, regardless of the time
				  period over which the acts occur, may be considered one crime for the purpose
				  of filing an application or eligibility.
(b) The following shall constitute one crime
				  for the purpose of filing an application or for eligibility:
(1) the same or similar crime is repeatedly
				  committed against the same victim over a period of time by a single
				  perpetrator;
(2) the same or
				  similar crime is repeatedly committed against the same victim over a period of
				  time by more than one perpetrator acting in concert or with the knowledge of
				  the conduct of the other perpetrator or perpetrators;
(3) a series of crimes is committed against
				  the same victim by one or more perpetrators over a period of time with a
				  continuity of purpose.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.42 - Date of Qualifying Crime

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The date of a qualifying crime that is comprised of a
					 series of acts under section
					 649.41 is the date on which the
					 last act occurred prior to the date of the application.
1. Change
					 without regulatory effect renumbering former section
					 653.1 to section
					 649.42, including amendment of
					 section and NOTE, filed 12-6-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 49).
Note: Authority cited: Sections
						13920 and
						13974,
						Government Code. Reference: Section
						13951,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.43 - Evidence of a Child Sexual or Physical Abuse Qualifying Crime

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Factors that
				  shall be considered evidence of a child sexual or physical abuse qualifying
				  crime include, but are not limited to:
(1) a
				  sustained juvenile court dependency petition containing allegations of sexual
				  or physical abuse, unless the court finds that the allegations of sexual or
				  physical abuse did not occur;
(2)
				  medical or physical evidence consistent with child sexual or physical
				  abuse;
(3) a written or oral report
				  from a law enforcement agency or a child protective services agency concluding
				  that child sexual or physical abuse occurred;
(4) a credible witness corroborated the child
				  sexual or physical abuse;
(5) a
				  juvenile court order removed the child from the home because of sexual or
				  physical abuse;
(6) criminal
				  charges of child sexual or physical abuse were filed.
(7) a final superior court order that finds
				  that child sexual or physical abuse occurred.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.44 - Evidence of a Domestic Violence Qualifying Crime

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Factors that may be considered as
				  evidence of a domestic violence qualifying crime include, but are not limited
				  to:
(1) the perpetrator was prosecuted for
				  the qualifying crime;
(2) the
				  perpetrator was enrolled in a batterers' program or its predecessor domestic
				  violence diversion program as a result of the qualifying crime;
(3) a report from law enforcement concluded
				  that a domestic violence crime was committed against the victim;
(4) a report from a battered women's program
				  corroborates the allegation of domestic violence;
(5) medical records document injuries
				  consistent with the allegation of domestic violence;
(6) a law enforcement officer obtained an
				  emergency protective order under Family Code section
				  6250;
(7) a report from a law enforcement officer
				  or prosecuting attorney concluded that a crime of domestic violence
				  occurred;
(8) a violation of
				  probation due to a domestic violence qualifying crime against the
				  victim.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.45 - Presumption of Physical Injury in a Domestic Violence Qualifying Crime

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A minor is
				  presumed to have sustained physical injury as a result of a domestic violence
				  qualifying crime if the child witnessed a domestic violence qualifying
				  crime.
(b) A minor witnessed a
				  domestic violence qualifying crime if the minor saw or heard an act
				  constituting a domestic violence qualifying crime.
(c) Factors that may be considered as
				  evidence that a minor witnessed an act constituting a domestic violence
				  qualifying crime include, but are not limited to:
(1) the minor placed a 911 call;
(2) a report from a counselor at a domestic
				  violence agency concluded that the minor witnessed an act constituting a
				  domestic violence qualifying crime;
(3) a report from an eyewitness corroborated
				  that the minor witnessed an act constituting a domestic violence qualifying
				  crime;
(4) a restraining order
				  required the perpetrator to stay away from the minor and a declaration
				  supporting the restraining order stated that the minor was the victim of, or
				  was threatened with, physical injury;
(5) the minor's reliable
				  statements;
(6) other credible
				  evidence.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.46 - Presumption of Physical Injury in a Child Abduction Qualifying Crime. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering former section
					 654.3 to section
					 649.46, including amendment of
					 section and NOTE, filed 12-6-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 49).
2. Repealer filed 10-3-2016;
					 operative 1-1-2017 (Register 2016, No. 41).
Note: Authority cited: Sections
						13920 and
						13974,
						Government Code. Reference: Section
						13955,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.47 - Evidence of the Qualifying Crime of Stalking

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Stalking (Penal Code section
				  646.9) may be a
				  qualifying crime if the credible threat required by the crime was directed at
				  the victim.
(b) Evidence of a
				  qualifying crime of stalking (Penal Code section
				  646.9)
				  includes, but is not limited to law enforcement's identification of the victim
				  in the application as the victim in the crime report.
1. Change
					 without regulatory effect renumbering former section
					 654.6 to section
					 649.47, including amendment of
					 NOTE, filed 12-6-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 49).
Note: Authority cited: Sections
						13920 and
						13974,
						Government Code. Reference: Sections
						13951,
						13954 and
						13956,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.48 - Human Trafficking

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Factors that may be considered evidence of human
					 trafficking include, but are not limited to:
(a) Law Enforcement Agency Endorsement issued
				  pursuant to Section
				  236.2 of the
				  Penal Code;
(b) human trafficking
				  caseworker as identified in Section
				  1038.2 of
				  the Evidence Code, has attested by affidavit that the individual was a victim
				  of human trafficking;
(c)
				  certification or eligibility letter from a government agency for a special visa
				  as a refugee due to human trafficking or other government benefits as a result
				  of human trafficking; or
(d)
				  medical records documenting injuries consistent with human trafficking. Medical
				  or mental health records alone shall not be sufficient evidence that the
				  qualifying crime of human trafficking occurred.
1. New
					 section filed 6-12-2009; operative 7-12-2009 (Register 2009, No.
					 24).
2. Amendment filed 1-6-2011; operative 2-5-2011 (Register 2011,
					 No. 1).
Note: Authority cited: Sections
						13920 and
						13974,
						Government Code. Reference: Section
						13956(b)(3),
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.49 - Evidence of the Qualifying Crime of Sexual Assault

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Factors that may be considered as
				  evidence of a sexual assault include, but are not limited to:
(1) The perpetrator was prosecuted for the
				  qualifying crime.
(2) A report from
				  law enforcement concluding that a sexual assault was committed against the
				  victim.
(3) Physical evidence or
				  medical documentation that demonstrates an injury consistent with sexual
				  assault such as sexual assault examination findings.
(4) 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 provider, stating that
				  the victim is seeking services related to the allegation of sexual
				  assault.
(5) A restraining order
				  from a court against the perpetrator of the sexual assault.
(6) Other behavior by the victim consistent
				  with sexual assault, as verified by a mental health
				  provider.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.50 - Involvement in a Vehicle-Related Qualifying Crime

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  victim or derivative victim who was the driver of a vehicle, aircraft, or water
				  vehicle may be found to have been involved in the events leading to the
				  qualifying crime if:
(1) the victim or
				  derivative victim was driving the vehicle with a blood alcohol content
				  exceeding the legal limit;
(2) the
				  victim or derivative victim was driving while under the influence of alcohol
				  and/or drugs;
(3) the victim or
				  derivative victim was cited or arrested by law enforcement based on events
				  leading to the qualifying crime; or
(4) the victim's or derivative victim's
				  conduct was the primary cause of the vehicle collision.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.51 - Participation in the Commission of a Crime for Which Compensation is Being Sought. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering former section
					 655.1 to section
					 649.51, including amendment of
					 NOTE, filed 12-6-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 49).
2. Amendment of section heading
					 and section filed 6-12-2009; operative 7-12-2009 (Register 2009, No.
					 24).
3. Amendment of section heading and subsections (a)-(c) filed
					 1-6-2011; operative 2-5-2011 (Register 2011, No. 1).
4. Repealer
					 filed 10-3-2016; operative 1-1-2017 (Register 2016, No.
					 41).
Note: Authority cited: Sections
						13920 and
						13974,
						Government Code. Reference: Section
						13956,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.52 - Involvement in the Events Leading to the Qualifying Crime

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Significant weight may be given to the
				  evidence from and conclusions of a law enforcement agency after investigation
				  of the qualifying crime when determining whether the victim or derivative
				  victim was involved in the events leading to the qualifying crime.
(b) Factors that shall be considered when
				  determining whether a minor victim or derivative victim was involved in the
				  events leading to a qualifying crime include, but are not limited to:
(1) age;
(2) physical condition;
(3) psychological or emotional
				  condition;
(4) compelling health or
				  personal safety factors;
(5)
				  reasonable fear of retaliation or harm to self or family.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.53 - Involvement in the Qualifying Crime Due to Mutual Combat

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Factors that may be considered when
				  determining whether the victim or derivative victim was involved in the events
				  leading to the qualifying crime as a result of mutual combat include, but are
				  not limited to:
(1) there was an implicit or
				  explicit agreement to fight;
(2)
				  the victim or derivative victim made a deliberate threat;
(3) the victim or derivative victim engaged
				  in conduct indicating the intention of carrying out a deliberate
				  threat;
(4) the deliberate conduct
				  of the victim or derivative victim reasonably provoked the other party into
				  starting a physical altercation that lead to the qualifying crime;
(5) the victim or derivative victim initiated
				  a physical altercation that lead to the qualifying crime.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.54 - Involvement in the Qualifying Crime Due to Illegal Drug-Related Activity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Involvement in
				  the events leading to the qualifying crime by the victim or derivative victim
				  may be found if the victim or derivative victim was either of the following:
(1) involved in an illegal drug transaction
				  at the time the qualifying crime occurred; or
(2) victimized as a result of involvement in
				  a prior illegal drug transaction.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.55 - Involvement in the Qualifying Crime Due to Gang Involvement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Involvement in the events leading to the
				  qualifying crime by the victim or derivative victim may be found if the victim
				  or derivative victim was involved in and was injured from a qualifying crime
				  that was a result of gang activity or prior gang activity in which the victim
				  or derivative victim participated.
(b) Gang activity may include, but is not
				  limited to the following:
(1) gang
				  initiation;
(2) gang
				  retaliation;
(3) gang
				  fighting;
(4) intentionally
				  provoking gang-related activity.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.56 - Involvement in the Qualifying Crime of Prostitution. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering former section
					 656.5 to section
					 649.56, including amendment of
					 NOTE, filed 12-6-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 49).
2. New subsection (d) filed
					 9-9-2013; operative 9-9-2013 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2013, No. 37).
3. Repealer filed 5-30-2014; operative
					 7-1-2014 (Register 2014, No. 22).
Note: Authority cited: Sections
						13920 and
						13974,
						Government Code. Reference: Section
						13956,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.57 - Mitigation of Involvement in the Events Leading to the Qualifying Crime

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If factors
				  listed in Government Code section
				  13956(a)(2)
				  overcome the victim or derivative victim's involvement, the application will be
				  granted and the victim or any individual who pays the victim's expenses as
				  stated in Government Code section
				  13957(a)(9)
				  shall be eligible for Program benefits.
(b) If factors listed in Government Code
				  section
				  13956(a)(2)
				  mitigate the victim or derivative victim's involvement but do not overcome that
				  involvement, the application will be granted in part, and the victim or any
				  individual who pays the victim's expenses as stated in Government Code section
				  13957(a)(9)
				  shall only be eligible for medical expenses incurred on behalf of the victim on
				  or after the date of the qualifying crime and funeral/burial expenses incurred
				  on behalf of the victim.
1. Change
					 without regulatory effect renumbering former section
					 656.8 to section
					 649.57, including amendment of
					 NOTE, filed 12-6-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 49).
2. Amendment filed 6-12-2009;
					 operative 7-12-2009 (Register 2009, No. 24).
3. Amendment of
					 subsections (b)-(c) filed 1-6-2011; operative 2-5-2011 (Register 2011, No.
					 1).
4. Repealer of subsections (a)-(a)(3), subsection relettering
					 and amendment of newly designated subsections (a)-(b) filed 10-3-2016;
					 operative 1-1-2017 (Register 2016, No. 41).
Note: Authority cited: Sections
						13920 and
						13974,
						Government Code. Reference: Section
						13956,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.58 - Self Defense

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A victim shall not be found to be involved in the events
					 leading to the qualifying crime if the sole involvement of the victim was in
					 self-defense.
1. Change
					 without regulatory effect renumbering former section
					 656.7 to section
					 649.58, including amendment of
					 NOTE, filed 12-6-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 49).
2. Amendment filed 6-12-2009;
					 operative 7-12-2009 (Register 2009, No. 24).
Note: Authority cited: Sections
						13920 and
						13974,
						Government Code. Reference: Section
						13956,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.59 - Failure to Cooperate with Law Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A victim or derivative victim shall
				  reasonably cooperate with any law enforcement agency in its investigation of
				  the qualifying crime and the apprehension and prosecution of any person
				  involved in the qualifying crime.
(b) A victim or derivative victim who
				  knowingly and willingly failed to reasonably cooperate with a law enforcement
				  agency in the investigation of the qualifying crime and the apprehension and
				  conviction of any person involved in the qualifying crime is not eligible for
				  assistance.
(c) A victim or
				  derivative victim who initially cooperated with a law enforcement agency as
				  required by subsection (a), and was determined to be eligible for assistance,
				  and subsequently knowingly and willingly failed to cooperate with a law
				  enforcement agency, may be found eligible for assistance only during the period
				  the victim or derivative victim cooperated with a law enforcement
				  agency.
(d) A derivative victim is
				  not eligible for assistance if the victim of the same qualifying crime failed
				  to cooperate with a law enforcement agency as required by subdivision
				  (a).
(e) Cooperation with a law
				  enforcement agency includes, but is not limited to:
(1) reporting the qualifying crime;
(2) completely and truthfully responding to
				  requests for information in a timely manner;
(3) cooperating with identifying and
				  apprehending any person involved in the qualifying crime; and
(4) testifying in all proceedings, including
				  restitution proceedings, as required.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.60 - Failure to Cooperate with Law Enforcement in a Domestic Violence Qualifying Crime

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  victim of a domestic violence qualifying crime who engaged in any of the
				  following conduct may be found to have failed to cooperate with a law
				  enforcement agency in the investigation of the qualifying crime, and the
				  apprehension and conviction of any person involved in the qualifying crime:
(1) requested in writing that the suspect not
				  be prosecuted for the qualifying crime;
(2) refused to testify when legally served
				  with a subpena in a proceeding related to the prosecution of the qualifying
				  crime;
(3) committed perjury
				  relating to the qualifying crime;
(4) did not completely and truthfully respond
				  to a request for information, evidence or assistance in a timely manner, unless
				  circumstances beyond the victim's control prevented the victim from
				  complying.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.61 - Denial for Failure to File or Dismissal of a Criminal Complaint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An application
				  shall not be denied solely because a criminal complaint was not
				  filed.
(b) An application may be
				  denied if a criminal complaint was not filed due to the victim's or derivative
				  victim's failure to cooperate with a law enforcement agency.
(c) An application shall not be denied solely
				  because a criminal complaint was dismissed.
(d) An application may be denied if the
				  criminal complaint was dismissed as a result of the victim's or derivative
				  victim's failure to cooperate with a law enforcement agency.
1. Change
					 without regulatory effect renumbering former section
					 653.6 to section
					 649.61, including amendment of
					 NOTE, filed 12-6-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 49).
Note: Authority cited: Sections
						13920 and
						13974,
						Government Code. Reference: Section
						13956,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.62 - Failure to Cooperate with Board or Staff. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering former section
					 657.3 to section
					 649.62, including amendment of
					 NOTE, filed 12-6-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 49).
2. Amendment filed 6-12-2009;
					 operative 7-12-2009 (Register 2009, No. 24).
3. Amendment of
					 subsection (b)(2) and new subsection (c) filed 1-6-2011; operative 2-5-2011
					 (Register 2011, No. 1).
4. Repealer filed 10-3-2016; operative
					 1-1-2017 (Register 2016, No. 41).
Note: Authority cited: Sections
						13920 and
						13974,
						Government Code. Reference: Section
						13954,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.71 - Reimbursement Calculation. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 3-19-92 as an emergency; operative 3-19-92 (Register 92, No. 13).
					 A Certificate of Compliance must be transmitted to OAL 7-17-92 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 7-17-92 as an emergency; operative
					 7-17-92 (Register 92, No. 29). A Certificate of Compliance must be transmitted
					 to OAL 10-13-92 or emergency language will be repealed by operation of law on
					 the following day.
3. Certificate of Compliance as to 7-17-92 order
					 transmitted to OAL 11-6-92 and filed 12-23-92 (Register 92, No.
					 52).
4. Editorial correction of HISTORY 1 (Register 95, No.
					 40).
5. Change without regulatory effect renumbering former section
					 649.71 to section
					 649.25 filed 12-6-2007 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2007, No. 49).
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.6 - Indemnification of Victims of Crime › Section 649.72 - Eligibility of Felons. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 9-28-94 as an emergency; operative 9-28-94 (Register 94, No. 39).
					 A Certificate of Compliance must be transmitted to OAL by 1-26-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 9-28-94 order transmitted to
					 OAL 1-25-95 and filed 3-6-95 (Register 95, No. 10).
3. Amendment
					 filed 8-25-97 as an emergency; operative 8-25-97 (Register 97, No. 35). A
					 Certificate of Compliance must be transmitted to OAL by 12-23-97 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 8-25-97 order, including
					 amendment of subsection (b)(3), transmitted to OAL 10-22-97 and filed 11-17-97
					 (Register 97, No. 47).
5. Change without regulatory effect
					 renumbering former section
					 649.72 to section
					 649.4 filed 12-6-2007 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2007, No. 49).
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 6 - Payroll Claims [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Renumbering
				  of former article 6 (sections
				  650-663) to article 4.1 and
				  renumbering of former section
				  650 to section
				  633 filed 12-17-99; operative
				  12-17-99 pursuant to Government Code section
				  11343.4(d)
				  (Register 99, No. 51).
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 6.1 - State Contributions Under State Employees' Medical and Hospital Care Act [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Renumbering
				  of former article 6.1 (section
				  664) to article 4.2 and renumbering
				  of former section
				  664 to section
				  634 filed 12-17-99; operative
				  12-17-99 pursuant to Government Code section
				  11343.4(d)
				  (Register 99, No. 51).
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 6.5 - Security Payments to Aged and Blind

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. For history
				  of Article 6.5. (Sections
				  665 and
				  666) see Register 59, No.
				  12.