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 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As used in this
				  article:
(1) "Applicant" means a person
				  submitting either an application as defined in subsection (a)(2) or a
				  supplemental claim as defined in subsection (a)(23).
(2) "Application" means an initial
				  application for assistance to the California Victim Compensation Board (CalVCB)
				  under Government Code sections
				  13950-
				  13974.5.
(3) "Board" means the California Victim
				  Compensation Board or CalVCB.
(4)
				  "Certification under penalty of perjury" or "upon information and belief" as
				  applied to the filing of an application or supplemental claim means a single
				  signature under penalty of perjury or information and belief as required to
				  certify that the contents of the application or supplemental claim are true and
				  correct within the knowledge or belief of the applicant.
(5) "Code" means the California Government
				  Code.
(6) "Denial of the
				  application" as used in Section
				  13958 of the code and as construed
				  for purposes of the Board hearing process means a preliminary determination and
				  recommendation for disallowance by CalVCB staff and shall not be construed to
				  mean a final administrative decision following a hearing by the Board to deny
				  the application or supplemental claim.
(7) "Derivative victim" means the same as in
				  Government Code section
				  13951(c).
(8) "Direct payment" as used in Section
				  13957.7(c)(1) of
				  the code shall be those payments sent directly to providers when there is no
				  objection by the victim or derivative victim, or when good cause is
				  demonstrated, notwithstanding a victim's or derivative victim's
				  objection.
(9) "Family member"
				  means a person who is related to the victim at the time of the qualifying crime
				  by blood, marriage, registered domestic partnership, or adoption.
(10) "Fiance" or "fiancee" means a person who
				  is engaged to be married or an unregistered domestic partner in a similar
				  relationship.
(11) "File" or
				  "filed" as it applies to an application or supplemental claim for CalVCB
				  benefits means submitting the application or supplemental claim to the CalVCB.
				  An application or supplemental claim shall be deemed filed with the CalVCB on
				  the date that the application or supplemental claim is postmarked by the United
				  States Postal Service or other private carrier postage prepaid and properly
				  addressed, or on the date that it is personally delivered to the
				  CalVCB.
(12) "Fund" means the
				  Restitution Fund as set forth in Government Code section
				  13964.
(13) "Hearing" means the same as under
				  article 2.5 of these regulations.
(14) "Joint powers victim witness center"
				  means an agency under contract with the Board to process applications under
				  Government Code section
				  13954(c).
(15) "Law enforcement agency" includes but is
				  not limited to:
(A) an agency from California
				  or another state that investigates or prosecutes violations of law that are
				  comparable to agencies listed in Section
				  13951(d)
				  and
(B) Federal agencies that
				  investigate or prosecute violations of law.
(16) "May" means that the conduct or
				  requirement is permissive and discretionary.
(17) "Qualifying crime" means a crime as
				  defined in Government Code section
				  13951(b)
				  that resulted in one of the following:
(A)
				  injury to the victim;
(B) threat of
				  injury to the victim; or
(C) the
				  death of the victim.
(18)
				  "reimbursement sources" shall include but not be limited to the following types
				  of benefits:
(A) All forms of private and
				  public insurance benefits paid to or on behalf of the insured victim, the
				  victim's survivors, or derivative victim, including medical, disability, wage
				  loss, funeral/burial insurance, liability and casualty insurance, including
				  vehicle, commercial and residential insurance.
(B) All forms of public and private
				  assistance paid to, or on behalf of, the victim, the victim's survivors, or
				  derivative victim, including Medi-Cal, social security, state disability
				  insurance, workers' compensation and Medicare.
(C) Any salary or bereavement leave. Sick
				  leave is not required to be used as a reimbursement source; however, if a
				  claimant elects or did elect to use sick leave, he or she shall not be eligible
				  for income loss while that sick leave is or was used.
(D) Any restitution paid by the criminal
				  perpetrator directly to the victim or his or her survivors whether collected by
				  public agencies and paid over to the recipient or collected directly by the
				  recipient.
(19) "Related
				  to the victim by blood, marriage, registered domestic partnership, or adoption"
				  means:
(A) the victim's spouse or registered
				  domestic partner;
(B) relatives
				  within the 4th degree of the victim or the victim's spouse as follows:
1. first degree relatives include parent and
				  child;
2. second degree relatives
				  include grandparent, brother, sister, and grandchild;
3. third degree relatives include
				  great-grandparent, uncle, aunt, nephew, niece, and great-grandchild;
4. fourth degree relatives include
				  great-great- grandparent, great uncle, great aunt, first cousin, grandnephew,
				  and grandniece;
(C) the
				  spouse of a person or registered domestic partner described in subsection
				  (a)(19)(B); or
(D) the victim's
				  fiance or fiancee.
(20)
				  "Resident of California" means the person's place of residence is California as
				  determined by one of the following:
(A)
				  Government Code section
				  244 for
				  adults; and
(B) Welfare and
				  Institutions Code section
				  17.1
				  for minors.
(21) "Shall"
				  means that the conduct or requirement is mandatory and not
				  discretionary.
(22) "State" means
				  the District of Columbia, the Commonwealth of Puerto Rico and any other
				  possession or territory of the United States.
(23) "Supplemental claim" means a request for
				  payment submitted after the application is received.
(24) "Threat of physical injury" means
				  conduct that meets both of the following:
(A)
				  a reasonable person would feel threatened in the same circumstances as the
				  victim; and
(B) a reasonable person
				  in the same circumstances as the victim would believe both of the following:
1. the threat would be carried out;
				  and
2. physical injury would result
				  if the threat were carried out.
(25) "Victim" means a person who sustained
				  injury or death as a direct result of a qualifying crime and is one of the
				  following:
(A) a resident of
				  California;
(B) a member of the
				  military stationed in California;
(C) a family member living with a member of
				  the military stationed in California; or
(D) a nonresident of California who is a
				  victim of a qualifying crime occurring within California if the Board
				  determines that federal funds are available for compensation of victims of
				  crime.
(26) "CalVCB"
				  means the Board staff that implement the Victims of Crime Program as specified
				  in Title 2, Division 3, Part 4, Chapter 5, Article 1 of the Government Code,
				  commencing with Section
				  13950.
(27) "Water vehicle" means the same as
				  "vessel" as defined in Harbors and Navigation Code section
				  651(g).
(28) "Witnessed the crime" as used in Section
				  13955(c)(4) of the
				  code means actual physical presence at the scene of the qualifying crime such
				  that the person was a percipient witness to the qualifying
				  crime.