reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.5 - Indemnification of Citizens Benefiting the Public › Section 648.2 - Contents of Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All claims shall be filed in duplicate, shall be signed and
					 verified by the claimant, or claimant's parent or guardian if claimant is a
					 minor, and shall state the facts constituting the claim in simple, concise
					 language. In the event the claim is filed on behalf of the claimant by a law
					 enforcement or public safety agency, the claim shall be signed by such agency
					 and need not be verified.
1. Change
					 without regulatory effect renumbering former section
					 647.1 to new section
					 648.2 filed 10-10-97 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 97, No. 41). For prior history, see Register 87, No.
					 41.
Note: Authority cited: Section
						13974,
						Government Code. Reference: Section
						13970,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.5 - Indemnification of Citizens Benefiting the Public › Section 648.3 - Form of Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All claims or amendments filed with the Victim Compensation
					 and Government Claims Board under this article shall be filed on forms,
					 (identified as Form BC-VOC-100--APPLICATION FOR VICTIM OF CRIME COMPENSATION),
					 provided by the Board.
1. Change
					 without regulatory effect renumbering former section
					 647.2 to new section
					 648.3 filed 10-10-97 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 97, No. 41). For prior history, see Register 87, No.
					 41.
2. Change without regulatory effect amending section and NOTE
					 filed 11-3-2008 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2008, No. 45).
Note: Authority cited: Section
						13974,
						Government Code. Reference: Section
						13952,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.5 - Indemnification of Citizens Benefiting the Public › Section 648.4 - Disallowance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A claim for indemnification will not be allowed if the
					 crime prevented, or the crime committed by the criminal was against the person
					 or property of the person who prevented the crime, apprehended the criminal, or
					 who substantially and materially assisted a peace officer for this
					 purpose.
1. Change
					 without regulatory effect renumbering former section
					 647.3 to new section
					 648.4 filed 10-10-97 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 97, No. 41). For prior history, see Register 87, No.
					 41.
Note: Authority cited: Section
						13974,
						Government Code. Reference: Section
						13973,
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.5 - Indemnification of Citizens Benefiting the Public › Section 648.5 - Indemnification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The maximum amount of any claim the Victim Compensation and
					 Government Claims Board shall approve for payment shall not exceed the amount
					 necessary to indemnify or reimburse the claimant for:
(a) The actual value of property damaged or
				  destroyed, or the cost of repairing such property.
(b) Necessary expenses incurred for
				  hospitalization or medical treatment, loss of wages, or other necessary
				  expenses directly related to the injury or death. If continued hospitalization
				  or medical treatment is necessary, a partial award may be made and the claim
				  subsequently reconsidered for the purpose of recommending an additional
				  award.
1. Change
					 without regulatory effect renumbering former section
					 647.4 to new section
					 648.5 filed 10-10-97 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 97, No. 41). For prior history, see Register 87, No.
					 41.
2. Change without regulatory effect amending first paragraph and
					 NOTE filed 11-3-2008 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2008, No. 45).
Note: Authority cited: Section
						13974,
						Government Code. Reference: Section
						13957(a),
						Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 5.5 - Indemnification of Citizens Benefiting the Public › Section 648.6 - Issues for Hearing on Application to Indemnify Citizens Benefiting the Public

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  applicant must prove all of the following:
(1) the nature of the crime committed by the
				  apprehended criminal or prevented by the action of the applicant; or
(A) the nature of the action of the applicant
				  in rescuing a person in immediate danger of injury or death as a result of
				  fire, drowning, or other catastrophe; and
(B) the circumstances
				  involved;
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 649.1.1 - Timely Filing of Application for Derivative Victim. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 11-2-98 as an emergency; operative 11-2-98 (Register 98, No. 45).
					 A Certificate of Compliance must be transmitted to OAL by 3-2-99 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 11-2-98 emergency order
					 transmitted to OAL 3-1-99 and filed 4-2-99 (Register 99, No. 14).
3.
					 Amendment of subsections (a) and (b) filed 12-17-99; operative 12-17-99
					 pursuant to Government Code section
					 11343.4(d)
					 (Register 99, No. 51).
4. Change without regulatory effect
					 renumbering former section
					 649.1.1 to section
					 649.16 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 649.2 - Qualifying Crime Occurring Outside California

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A California resident who is a victim of
				  a qualifying crime that occurred outside California shall apply first for
				  assistance in the state where the qualifying crime occurred.
(1) Subsection (a) shall not apply if the
				  qualifying crime occurred in a state that does not provide assistance to a
				  non-resident 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 649.3 - Authorized Indemnification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The amount of reimbursement paid by the
				  Board shall not exceed the maximum rate set by the Board, if any, less the
				  amount of reimbursement available from other sources.
(b) Personal Property. Except as provided for
				  in Government Code section
				  13957(a)(1),
				  the Board may not indemnify a victim for loss of money or loss or damage to
				  personal property sustained in the qualifying crime giving rise to the
				  application.
1.
					 Renumbering of former section
					 649.24 to section
					 649.3, including amendment of
					 section and NOTE, filed 7-5-2011; operative 7-5-2011 pursuant to Government
					 Code section
					 11343.4
					 (Register 2011, No. 27). For prior history of section
					 649.3, see Register 2009, No.
					 24.
2. Repealer of subsection (b) and subsection relettering filed
					 10-3-2016; operative 1-1-2017 (Register 2016, No.
					 41).
Note: Authority cited: Section
						13920,
						Government Code. Reference: Sections
						13957 and
						13957.5,
						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 649.4 - Eligibility of Felons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  CalVCB shall accept an application or a petition for relief to file a late
				  application from a person who has been convicted of a violent felony or is
				  required to register as a sex offender in the same manner as other applicants.
				  The CalVCB shall not refuse to accept an application because the applicant is
				  presently incarcerated, because the applicant is required to register as a sex
				  offender, or has been convicted of a violent felony and has not been discharged
				  from probation or released from a correctional institution and discharged from
				  parole, or because the applicant has not been released from a county jail or
				  county prison and discharged from post-release community supervision.
(b)
(1) The
				  CalVCB shall not grant assistance to a person who has been convicted of a
				  violent felony committed on or after January 1, 1989, when the assistance is to
				  compensate for pecuniary loss sustained after the person was convicted of the
				  violent felony and before the person is discharged from probation, has been
				  released from a correctional facility and is discharged from parole, or has
				  been released from a county jail or county prison and discharged from
				  post-release community supervision, if any.
(2) The CalVCB shall grant assistance to a
				  person otherwise eligible for assistance who has been convicted of a violent
				  felony to compensate for pecuniary loss sustained as a result of victimization
				  when the loss was incurred after discharge from probation, parole, or
				  post-release community supervision.
(3) The pecuniary loss for which
				  reimbursement is barred because it was sustained after the person was required
				  to register as a sex offender or had been convicted of a violent felony and
				  before the person was discharged from probation, released from a correctional
				  institution and discharged from parole, or released from a county jail or
				  county prison and discharged from post-release community supervision will not
				  become reimbursable if the person is no longer required to register as a sex
				  offender or upon the person's discharge from probation or release from a
				  correctional institution and discharge from parole.
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 649.5 - Effect of Felon Status on the Eligibility of Victims and Derivative Victims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The fact that a
				  victim is disqualified from receiving assistance under section
				  649.4(b) shall not
				  affect the eligibility of a derivative victim of the same qualifying crime who
				  is otherwise eligible for assistance.
(b) The fact that a derivative victim is
				  disqualified from receiving assistance under section
				  649.4(b) shall not
				  affect the eligibility of a victim of the same qualifying crime who is
				  otherwise eligible for assistance.
1. Change
					 without regulatory effect renumbering former section
					 651.5 to section
					 649.5, including amendment of
					 section heading, section and NOTE, filed 12-6-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 49). For prior history of section
					 649.5, see Register 99, No.
					 51.
Note: Authority cited: Sections
						13920 and
						13974,
						Government Code. Reference: Sections
						13951,
						13952 and
						13956(d),
						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 649.6 - Effective Date of Substantive Changes. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect renumbering former section
					 650.1 to section
					 649.6, including amendment of NOTE,
					 filed 12-6-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 49). For prior history of section
					 649.6, see Register 99, No.
					 51.
2. Repealer filed 6-12-2009; operative 7-12-2009 (Register 2009,
					 No. 24).
Note: Authority cited: Sections
						13920 and
						13974,
						Government Code. Reference: Sections
						13950-
						13974.5,
						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 649.8 - Emergency Awards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  applicant may indicate on the application, subsequent application, or bill that
				  he or she is applying for an emergency award.
(b) Upon receipt of an application,
				  subsequent application, or bill for an emergency award, the VCP shall expedite
				  the process of verifying the application, subsequent application, or bill to
				  determine if an emergency award is appropriate. The VCP shall make telephone
				  calls and transmit documents electronically or by facsimile to obtain
				  information necessary to evaluate an application, subsequent application, or
				  bill for an emergency award. A decision regarding an application, subsequent
				  application, or bill for an emergency award shall be promptly communicated to
				  the applicant.
(c) An emergency
				  award may be allowed when it is necessary to avoid or mitigate a substantial
				  hardship to the applicant that is the direct result of the qualifying crime.
				  Substantial hardship shall include the following:
(1) The inability to provide for the
				  necessities of life, including but not limited to shelter, food, medical care,
				  or personal safety, without the emergency award.
(2) The inability to pay for funeral and
				  burial expenses or crime scene cleaning expenses without the emergency
				  award.
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 649.9 - Incomplete Applications. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 9-29-88 as an emergency; operative 10-1-88 (Register 88, No. 41).
					 A Certificate of Compliance must be transmitted to OAL within 120 days or
					 emergency language will be repealed on 1-30-89. For prior history, see Register
					 87, No. 41.
2. Readoption of emergency section filed 1-4-89;
					 operative 1-4-89 (Register 89, No. 3). A Certificate of Compliance must be
					 transmitted to OAL within 120 days or emergency language will be repealed on
					 5-4-89.
3. Readoption of emergency section filed 5-19-89; operative
					 5-19-89 (Register 89, No. 21). A Certificate of Compliance must be transmitted
					 to OAL within 120 days or emergency language will be repealed on
					 9-18-89.
4. Certificate of Compliance as to 5-19-89 order including
					 amendment transmitted to OAL 9-14-89 and filed 10-16-89 (Register 89, No.
					 43).
5. Amendment filed 12-17-99; operative 12-17-99 pursuant to
					 Government Code section
					 11343.4(d)
					 (Register 99, No. 51).
6. Change without regulatory effect
					 renumbering former section
					 649.9 to section
					 649.7 and renumbering former
					 section 649.12 to section
					 649.9, including amendment of
					 section and NOTE, filed 12-6-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 49).
7. Repealer filed 6-12-2009;
					 operative 7-12-2009 (Register 2009, No. 24).
Note: Authority cited: Sections
						13952,
						13952.5
						and
						13974,
						Government Code. Reference: Sections
						13952 and
						13952.5,
						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 649.10 - Zero Awards. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 9-29-88 as an emergency; operative 10-1-88 (Register 88, No. 41).
					 A Certificate of Compliance must be transmitted to OAL within 120 days or
					 emergency language will be repealed on 1-30-89. For prior history, see Register
					 87, No. 41.
2. Readoption of emergency section filed 1-4-89;
					 operative1-4-89 (Register 89, No. 3). A Certificate of Compliance must be
					 transmitted to OAL within 120 days or emergency language will be repealed on
					 5-4-89.
3. Readoption of emergency section filed 5-19-89; operative
					 5-19-89 (Register 89, No. 21). A Certificate of Compliance must be transmitted
					 to OAL within 120 days or emergency language will be repealed on
					 9-18-89.
4. Certificate of Compliance as to 5-19-89 order including
					 amendment transmitted to OAL 9-14-89 and filed 10-16-89 (Register 89, No.
					 43).
5. Amendment filed 12-17-99; operative 12-17-99 pursuant to
					 Government Code section
					 11343.4(d)
					 (Register 99, No. 51).
6. Change without regulatory effect
					 renumbering former section
					 649.10 to section
					 649.22 and renumbering former
					 section 649.22 to section
					 649.10, including amendment of
					 section and NOTE, filed 12-6-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 49).
7. Repealer filed 6-12-2009;
					 operative 7-12-2009 (Register 2009, No. 24).
Note: Authority cited: Section
						13974,
						Government Code. Reference: Section
						13957.2,
						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 649.12 - Third Party Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Under the provisions of Government Code Section
					 13951(g),
					 "victim" shall not include an "individual" who merely provides medical or
					 medically related services, funeral and/or burial services, estates, or
					 corporations. Further, providers, estates, or corporations are not eligible to
					 file an application with the VCP.
1. New
					 section filed 9-29-88 as an emergency; operative 10-1-88 (Register 88, No. 41).
					 A Certificate of Compliance must be transmitted to OAL within 120 days or
					 emergency language will be repealed on 1-30-89. For prior history, see Register
					 87, No. 41.
2. Readoption of emergency section filed 1-4-89;
					 operative 1-4-89 (Register 89, No. 3). A Certificate of Compliance must be
					 transmitted to OAL within 120 days or emergency language will be repealed on
					 5-4-89.
3. Readoption of emergency section filed 5-19-89; operative
					 5-19-89 (Register 89, No. 21). A Certificate of Compliance must be transmitted
					 to OAL within 120 days or emergency language will be repealed on
					 9-18-89.
4. Certificate of Compliance as to 5-19-89 order including
					 renumbering of former Section
					 649.12 to Sections
					 649.20 and
					 649.21, and new Section
					 649.12 transmitted to OAL 9-14-89
					 and filed 10-16-89 (Register 89, No. 43).
5. Amendment filed
					 12-17-99; operative 12-17-99 pursuant to Government Code section
					 11343.4(d)
					 (Register 99, No. 51).
6. Change without regulatory effect
					 renumbering former section
					 649.12 to section
					 649.9 and renumbering former
					 section 649.2 to section
					 649.12, including amendment of
					 section and NOTE, filed 12-6-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 49).
7. Amendment filed 6-12-2009;
					 operative 7-12-2009 (Register 2009, No. 24).
Note: Authority cited: Section
						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 649.13 - Derivative Victims Who Previously Had Relationship with Victim Substantially Similar to Family Member

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of qualifying as a derivative victim under
					 Government Code section
					 13951(c),
					 the two-year period during which the person lived in the victim's household in
					 a relationship substantially similar to that of a parent, sibling, spouse or
					 child may be either cumulative or consecutive in the following
					 instances:
(a) A person may be found
				  to have a relationship with a victim that is substantially similar to that of a
				  parent if the person provided a significant portion of the necessities of life
				  for the victim, including but not limited to the following:
(1) financial support;
(2) food;
(3) clothing;
(4) shelter;
(5) medical expenses;
(6) educational expenses;
(7) emotional support.
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 649.14 - Minor Witnesses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  A minor witness is a person under the age of 18 who suffers an emotional injury
				  as a direct result of seeing or hearing a violent crime, and was in close
				  physical proximity to the victim when he or she witnessed the crime.
(b) A minor witness does not include the
				  following:
(1) A minor who knowingly and
				  willingly participated in the commission of the crime that is the basis for the
				  minor's application pursuant to section
				  13957(a)(2)(B)(iii);
(2) A minor who failed to cooperate
				  reasonably with a law enforcement agency in the apprehension and conviction of
				  a criminal committing the crime. However, in determining whether cooperation
				  has been reasonable, the Board shall consider the witness' age, physical
				  condition, and psychological state, cultural or linguistic barriers, any
				  compelling health and safety concerns, including, but not limited to, a
				  reasonable fear of retaliation or harm that would jeopardize the well-being of
				  the witness or the witness' family, and giving due consideration to the degree
				  of cooperation of which the witness is capable in light of the presence of any
				  of these factors;
(3) A minor
				  involved in the events leading to the crime. The Board shall consider the
				  witness' age, physical condition, and psychological state, as well as any
				  compelling health and safety concerns, in determining whether the witness'
				  application should be denied; or
(4) A direct or derivative victim of the
				  violent 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 649.15 - Good Cause for Filing Late Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  request for relief from the period of limitations on grounds of good cause must
				  be filed with the Board in writing no more than 30 calendar days following the
				  date notice is mailed to the applicant and/or their representative of the late
				  filing. The request shall include a statement under penalty of perjury which
				  describes the reasons the applicant was unable to file their claim within the
				  applicable limitations period. An applicant failing to submit a request for
				  relief in writing within the 30 calendar days will have their application
				  recommended for denial.
(b) An
				  applicant seeking relief from the period of limitations on the filing of an
				  application shall, with their request for relief and accompanying statement,
				  submit any corroborating documents which serve to verify the stated
				  justification(s) for late filing.
(c) In determining whether good cause exists
				  to justify the late filing of an application, Board staff may consider other
				  factors in determining whether good cause exists, including, but not limited to
				  the following:
(1) The physical, emotional,
				  psychological, or developmental condition of the victim (for example, victim's
				  age, cultural or linguistic barriers, disabilities, mental health
				  diagnosis);
(2) Whether the victim
				  sought treatment for interpersonal crimes upon which the application is based
				  (for example, sexual assault, child molestation, domestic violence, human
				  trafficking, or child abuse) within one year of the filing date; or
(3) Whether the victim incurred a new
				  pecuniary loss within one year of the filing date as a direct result of 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 649.16 - Applications by Derivative Victims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  period of limitations for filing an application is tolled for derivative
				  victims when the Board accepts and files an application that was submitted by,
				  or on behalf of, a victim for the same qualifying crime.
(b) An applicant shall only be eligible once
				  as a derivative victim of a crime regardless of the number of direct victims
				  for that same crime.
(c) A
				  derivative victim's application shall be denied if the direct victim's
				  application is denied for lack of a qualifying crime.
(d) The Board shall determine the eligibility
				  of a derivative victim's application regardless of whether the direct victim
				  has applied to the Board for the crime on which the derivative victim's
				  application is based.
(e) An
				  applicant shall either be eligible as a direct or derivative victim. An
				  applicant cannot be eligible as both a direct victim and a derivative victim
				  for the same qualifying crime.
Note: Authority cited: Sections 13920, 13955, 13957 and
						13957.5, Government Code. Reference: Sections 13951, 13952 and 13953,
						Government Code.
Note: Authority cited: Sections
						13920 and
						13974,
						Government Code. Reference: Sections
						13951,
						13952 and
						13953,
						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 649.17 - Relocation Benefits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				  cash payments or reimbursement for expenses incurred in relocating must be
				  necessary as a direct result of the crime. The amount of reimbursement paid by
				  the Board shall not exceed the statutory maximum, less the amount of
				  reimbursement available from other sources.
(b) Determinations by law enforcement or
				  mental health providers may be provided in a manner determined by the Board,
				  which may include, but are not limited to, in writing, by telephone, or other
				  electronic means.
(c) One claimant
				  per crime giving rise to the relocation means that only one member of a
				  household may receive relocation benefits even if more than one member of a
				  household is a direct victim of the qualifying crime.
(d) A higher level of scrutiny will apply to
				  reimbursement requests if a significant amount of time has elapsed between the
				  qualifying crime and the date of the relocation.
(e) Relocation expenses may include but are
				  not limited to housing deposits, utility deposits, telephone deposits,
				  connection fees, temporary lodging costs, emergency food expenses, emergency
				  clothing costs, emergency costs of personal items, and other necessary
				  expenses.
1. New
					 section filed 6-12-2009; operative 7-12-2009 (Register 2009, No. 24). For prior
					 history, see Register 2007, No. 49.
2. Amendment of subsections (c)
					 and (e) filed 1-6-2011; operative 2-5-2011 (Register 2011, No.
					 1).
Note: Authority cited: Sections
						13920 and
						13974,
						Government Code. Reference: Section
						13957,
						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 649.17.1 - Increased Relocation Benefits for Unusual, Dire, or Exceptional Circumstances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A claim that meets the established
				  criteria for relocation benefits may be eligible for relocation reimbursement
				  of an amount greater than $2,000 due to unusual, dire, or exceptional
				  circumstances including, but not limited to, the following:
(1) There is a crime report or other
				  verification from law enforcement supporting that the applicant is an ongoing
				  victim of threats or retaliation by or on behalf of the offender with a
				  credible threat of great bodily injury or death and the claim meets the
				  following two criteria:
(A) The applicant did
				  not inform the offender of the location of the applicant's new residence or had
				  obtained a restraining order against the offender and the offender has located
				  the applicant; and
(B) The
				  applicant's new residence must be located at a distance of no less than 30
				  miles from the residence at the time the crime occurred.
or
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 649.18 - Reimbursement of Funeral/Burial Expenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  following funeral and burial expenses, or their equivalent expenses, may be
				  reimbursed:
(1) Burial costs, including but
				  not limited to: the burial vault; casket; costs associated with the transport
				  of the body; cremation charges; labor cost for opening and closing the grave;
				  headstone; marker or tombstone and the charge for its setting; the
				  single-width, single-depth grave site; and endowment care -- a one-time charge
				  controlled by state law that ensures permanent maintenance of the
				  grave.
(2) Funeral service costs,
				  including but not limited to: preparation of the body for viewing; newspaper
				  notices; copies of the death certificate; flowers for gravesite, chapel, and
				  hearse; photography costs; musician's fees; burial clothing; cost of transport
				  to the burial site; on-site funeral service fees for chapels or other memorial
				  service locations; licensed security guard services; gravesite service fees and
				  costs including equipment charges; and items necessary for performing services
				  in other cultural traditions.
(3)
				  Memorial service costs including flowers, pictures, and picture frames at the
				  service.
(4) If a double grave or
				  headstone has been chosen, reimbursement may be made based upon an estimate of
				  a single grave or headstone or half the cost of the double grave or headstone,
				  whichever is the less expensive.
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 649.19 - Residential Security

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Board may reimburse the costs of a victim or derivative victim's new or
				  additional residential security upon verification that the expense is necessary
				  as a direct result of the crime. Examples of installing or increasing
				  residential security include, but are not limited to, the following:
(1) Alarms, keypads, cameras, and motion
				  detectors;
(2) Installation
				  costs;
(3) Monitoring
				  costs;
(4) Window bars and security
				  doors;
(5) Replacing or increasing
				  the number of locks; and
(6)
				  Replacement of doors and windows damaged as a direct result of the qualifying
				  crime and necessary to secure the premises.
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 649.20 - Purchase of Vehicles

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Board may reimburse the expense of a vehicle upon verification that the expense
				  is necessary for a victim who is permanently disabled as a direct result of the
				  qualifying crime, whether the disability is partial or total.
(b) The maximum benefit for vehicle purchase,
				  renovating, and retrofitting is $30,000 per qualifying crime.
(c) Justifications that may be considered for
				  purchasing a vehicle include, but are not limited to:
(1) Purchasing an accessible vehicle may be
				  more economical than retrofitting the applicant's existing vehicle;
(2) A different vehicle is needed to
				  accommodate a wheelchair or other assistive device; or
(3) Para-transit or public transit options
				  may not be available to the claimant, and the claimant may need to purchase a
				  vehicle when he or she did not have one before 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 649.21 - Verification of Attorney's Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As provided for in Government Code
				  section
				  13957.7(g),
				  the Board shall pay attorney's fees representing the reasonable value of legal
				  services rendered to the applicant in an amount equal to 10 percent of the
				  amount of the award or five hundred dollars ($500), which ever is less, for
				  each victim and each derivative victim.
(b) The Board will not pay attorney's fees
				  related to applications or supplemental claims which are denied by the
				  Board.
(c) The Board will only pay
				  attorney's fees for services provided to represent the applicant in the claim
				  to the Board. The Board will not pay for attorney's fees incurred in connection
				  with any other matter.
(d) "Legal
				  services rendered" includes, but is not limited to, communication with an
				  applicant or Board staff on behalf of the applicant, preparation of the
				  application, representation in an appeal, and conducting legal research
				  regarding the applicant's claim.
(e) Attorneys seeking compensation for
				  attorney's fees must submit to the Board a statement detailing the date the
				  legal services were rendered, describing the legal services rendered, and
				  stating the amount of time for each service. An optional form to assist in the
				  submission and review of the attorney's fees can be found on the Board's
				  website tab for CalVCP.
(f) The
				  Board will review the attorney's fee statements and determine if the amount is
				  payable. Prior to payment of the attorney's fees, the Board may verify with the
				  applicant that the described legal services were provided.
(g) An applicant may appeal the payment or
				  non-payment of attorney's fees by requesting a hearing on the issue within 45
				  days of the date of the Board's notice of its recommended action on the
				  fees.
(h) An attorney representing
				  the applicant must sign the application prior to the applicant signing the
				  application. An attorney may not be subsequently added to the application
				  without the applicant consenting to representation by that attorney.
(i) If the applicant retains an attorney
				  after the application is submitted, the applicant must submit a signed letter
				  to the Board stating that the applicant is being represented by the attorney,
				  the date the attorney was retained, and provide the attorney's name, address,
				  and telephone number.
1. New
					 section filed 10-5-2011; operative 11-4-2011 (Register 2011, No. 40). For prior
					 history, see Register 2008, No. 45.
Note: Authority cited: Section
						13920,
						Government Code. Reference: Sections
						13954(a)
						and
						13957.7(g),
						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 649.22 - Verification for Payment of Supplemental Claim

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All supplemental claims shall contain the information
					 required by section
					 649.7(b) and shall
					 be verified in the same manner as an application under section
					 649.7.
1.
					 Certificate of Compliance as to 5-19-89 emergency order including renumbering
					 and amendment of former Section
					 649.13 to Section
					 649.22 transmitted to OAL 9-14-89
					 and filed 10-16-89 (Register 89, No. 43). For prior history, see Register 89,
					 No. 21.
2. Amendment filed 12-17-99; operative 12-17-99 pursuant to
					 Government Code section
					 11343.4(d)
					 (Register 99, No. 51).
3. Change without regulatory effect
					 renumbering former section
					 649.22 to section
					 649.10 and renumbering former
					 section 649.10 to section
					 649.22, including amendment of
					 section and NOTE, filed 12-6-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 49).
4. Amendment of section heading
					 and section filed 6-12-2009; operative 7-12-2009 (Register 2009, No.
					 24).
Note: Authority cited: Section
						13974,
						Government Code. Reference: Sections
						13951,
						13952,
						13954,
						13957 and
						13957.2,
						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 649.23 - Reimbursement of Medical-Related Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All cash payments or reimbursement for
				  medical-related services of the victim must have been incurred as a direct
				  result of the qualifying crime. The amount of reimbursement paid by the Board
				  shall not exceed the maximum rate set by the Board, if any, less the amount of
				  reimbursement available from other sources.
(b) Reimbursable medical-related services
				  include, but are not limited to: acupuncture, biofeedback, massage therapy,
				  natural healing methods, and skilled and unskilled in-home supportive
				  services.
(c) In order to be
				  reimbursed for skilled and unskilled in-home supportive services, the victim
				  must obtain verification from a treating physician specifying the reasons
				  in-home supportive services are necessary, the duration the in-home services
				  are needed, and the number of hours needed daily. A treating physician must
				  re-certify the need for in-home supportive services at 60-day
				  intervals.
(d) Skilled in-home
				  supportive services must be provided by the following: licensed nurse, medical
				  social worker, licensed therapists, or a state certified home health aide
				  attendant.
(e) Unskilled in-home
				  supportive services may be provided by family members or other persons to
				  assist a victim that is unable to perform daily tasks such as walking, bathing,
				  dressing, preparing meals or similar major-life functions. Unskilled in-home
				  services are limited to eight hours a day and 40 hours per week.
(f) Medical-related expenses are reimbursable
				  at the rates and within the limitations established by the Board pursuant to
				  Government Code section
				  13957.2.
1. Change
					 without regulatory effect renumbering former section
					 649.13 to section
					 649.23, including amendment NOTE,
					 filed 12-6-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 49). For prior history of section
					 649.23, see Register 2006, No.
					 4.
2. Repealer and new section filed 6-12-2009; operative 7-12-2009
					 (Register 2009, No. 24).
Note: Authority cited: Sections
						13920 and
						13974,
						Government Code. Reference: Sections
						13957(a)(1)
						and
						13957.2,
						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 649.24 - Service Providers Ineligible for Reimbursement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  provider may be found ineligible for reimbursement if any of the following
				  circumstances apply:
(1) A provider fails to
				  submit requested documentation to verify the victim's or derivative victim's
				  losses or injury.
(2) A provider
				  fails to submit requested documentation to verify the services
				  provided.
(3) A provider provides,
				  or causes another to provide, false information to the Board.
(4) A provider misrepresents a victim's or
				  derivative victim's disability, injury, or other need for treatment or
				  services.
(5) A provider fails to
				  comply with statutes and regulations established by their licensing, oversight,
				  or governing bodies.
(6) A provider
				  fails to comply with any statutes or regulations governing claims before the
				  Board.
(7) A provider fails to
				  comply with a corrective action plan imposed by the Board. A corrective action
				  plan need not be imposed as a prerequisite to a finding of ineligibility based
				  upon any of the preceding circumstances.
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 649.25 - Rehabilitative Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Cash payments for job retraining or similar
					 employment-oriented services will be paid to or on behalf of a victim after the
					 following verification:
(a) The victim
				  first shall apply for assistance from the California Department of
				  Rehabilitation ("DOR") and obtain an evaluation and assessment. If the victim
				  is not a resident of California, the victim must apply to the equivalent public
				  agency where he or she resides.
(b)
				  If the DOR denies the victim job retraining or the victim has obtained all the
				  job training opportunities available to the victim through DOR, the victim may
				  seek job retraining from a private provider and will be reimbursed in
				  accordance with the DOR or any other public agency evaluation.
(c) Persons requesting cash payment for
				  private rehabilitative services shall clearly indicate the type of services or
				  retraining contemplated, the intended provider, the cost, and the need for the
				  services.
(d) The applicant shall
				  also certify, to the satisfaction of the Board, that such assistance is not
				  available from some other tax-supported program.
1. Change
					 without regulatory effect renumbering former section
					 649.71 to section
					 649.25, including amendment of
					 NOTE, filed 12-6-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 49). For prior history of section
					 649.25, see Register 2006, No.
					 4.
2. Repealer and new section filed 6-12-2009; operative 7-12-2009
					 (Register 2009, No. 24).
Note: Authority cited: Sections
						13920 and
						13974,
						Government Code. Reference: Sections
						13957 and
						13957.5,
						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 649.27 - Third Party Verification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In all cases where VCP requests verification from
					 hospitals, physicians, law enforcement officials or other interested parties
					 and these third parties fail to return the requested information within 10
					 (ten) days as specified in section
					 13954(a) of the
					 code, the Board may through its staff, review the application and all
					 attachments as filed by the applicant and may, in the exercise of its sound
					 judgment, deem the application to be verified based solely on a review of those
					 documents.
1. Change
					 without regulatory effect renumbering former section
					 649.14 to section
					 649.27, including amendment of
					 section and NOTE, filed 12-6-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 49). For prior history of section
					 649.27, see Register 2006, No.
					 4.
2. Amendment filed 6-12-2009; operative 7-12-2009 (Register 2009,
					 No. 24).
Note: Authority cited: Sections
						13952.5,
						13954 and
						13974,
						Government Code. Reference: Sections
						13952.5
						and
						13954,
						Government Code.