Advocating for Our Children

By Julie Nauman, VCGCB Executive Officer

It is hard to imagine that anyone would want to do anything but love, protect and nurture a child. Unfortunately, crimes are committed to even the most innocent of victims. As we recognize April as National Child Abuse Prevention Month, CalVCP has renewed our commitment to help those who have been affected by this terrible crime.

Child abuse can impact a child’s life well into adulthood. Statistics show that child abuse fuels crime and has adverse health effects. Fortunately, there are many organizations that are helping our children through advocacy, safety, education, research, and assistance programs. Bikers Against Child Abuse (BACA) is one such non-profit organization. With chapters all over the world, this international organization exists with the intent to create a safer environment for abused children and empower and strengthen children to not feel afraid. A wounded child who has had a BACA intervention is 4 times more likely to testify in court. In fact most BACA children have improved self-confidence, diminished regressive behavior, increased feelings of safety, willingness to communicate, reduced feelings of guilt, decreased “acting out” behaviors, independence, and much more.

California takes crimes committed against young people very seriously and is dedicated to helping our children receive assistance. CalVCP provides assistance to victims of many crimes related to child abuse such as molest, corporal injury, illegal sexual intercourse, endangerment, rape, pornography and incest among others.

More than ever, our program is committed to aiding children as quickly as possible. Consequently, over the last two years CalVCP assisted nearly 14,000 child abuse victims paying over $22 million in assistance. Last year alone, CalVCP provided over $10 million in assistance for the costs of mental health treatment, nearly half a million dollars to pay for relocation and almost $200,000 for medical expenses.

It is important for us to do our part in staying informed and educated, and most importantly, to recognize the warning signs of child abuse. Please take some time to educate yourself through the various resources available by visiting www.preventchildabuse.org or www.bacaworld.org. I hope you will join me in recognizing April as National Child Abuse Prevention Month. May we further educate ourselves, consider volunteering, and support prevention programs!

Reshaping the Future, Honoring the Past

By Julie Nauman, VCGCB Executive Officer

As we recognize and honor National Crime Victim Rights Week we are reminded of the impact violent crime has and of the victims it leaves behind.

Last year, nearly 175,000 violent crimes were reported in California. And with each crime, countless lives have been turned upside down. We often see much attention spent on the cause or significance of the crime itself or even on the offender and the why and how of the crime, but we must not neglect the victims these crimes leave behind.

In California, there are a variety of programs and services offered that victims of crimes may receive to help in their recovery. Services to help protect, guide, compensate and aid victims of crime are available. Since 1965, the California Victim Compensation Program (CalVCP) has been assisting victims of violent crime and to date, has helped thousands of victims and provided more than $2 billion in compensation for victims in the state.

Victims of violent crime endure significant trauma and the process to find help, whether it be for monetary, relocation or mental health assistance, should be as smooth as possible. At CalVCP, we are working diligently to make our program more accessible, more responsive and more efficient.

I am proud of the work that takes place here at the CalVCP and I am also proud of the many government partners such as the California Emergency Management Agency, the California Department of Corrections and Rehabilitation and the Department of Justice that help us provide aid to victims and their families.

A number of nonprofit groups have played key roles in protecting and assisting victims of crime and have helped make California a nation leader in providing victim services. Organizations such as the California Coalition Against Sexual Assault have helped thousands of sexual assault victims find assistance and find a voice against this horrific crime. There are a number of victim advocate groups throughout the state that have provided much needed services to California’s victims as well. Organizations like the Crime Victim Action Alliance and Crime Victims United of California are great examples of how nonprofit groups are helping to provide assistance to crime victims. I am proud to have them as partners in our daily outreach to victims of crime in California.

Although California continues to be a leader in all services for victims of crime, there is still much work to be done. Thanks to legislation such as Marcy’s Law, Amber’s Law and the Victims’ Bill of Rights, those who have suffered as a result of a violent crime, have the help available to assist them in all aspects of their victimization. At CalVCP, we will continue to work with our partners and sister State agencies to provide the help, compassion and services for California’s victims of violent crime.

For more information on National Crime Victim Rights Week or the California Victim Compensation Program visit us at www.calvcp.ca.gov.

Discussing Erroneous Conviction Claims

By Julie Nauman, VCGCB Executive Officer

Over the last decade the California Victim Compensation and Government Claims Board has heard 55 claims regarding erroneous convictions, otherwise known as “PC4900’s”. These claims are based on Penal Code sections 4900 through 4906 that allow any person who has been erroneously convicted of a felony and imprisoned in a California State Prison to be eligible for compensation from the State. A great amount of effort goes into hearing these claims and this Board takes the responsibility of approving or denying these claims very seriously as it follows both the intent and purpose of this state law. Of those 55 claims heard by the Board, 11 were approved, providing total compensation of over $3.2 million dollars to claimants.

The Erroneously Convicted Person statutes (PC4900) were first enacted in 1913.  Until the year 2000, compensation was limited to a maximum of $10,000; however, the law was then changed to allow compensation of $100 for each day served in prison after the conviction, with no maximum limit.

The erroneous conviction claim process is complicated and often misunderstood. The claimants must prove, by a preponderance of the evidence, that he or she did not commit the crime that resulted in his or her conviction and incarceration, and that he or she did not intentionally contribute to the arrest or conviction.  The State Legislature created this legislation so that a preponderance of the evidence is just enough evidence to make it more likely than not that the claimant is innocent of the crime.

Some of the misunderstanding comes when an Appellate Court overturns a conviction for reasons such as jury misconduct, improper jury instructions, incompetence of counsel, etc. This ruling does not mean the defendant is innocent, it only means that there was a procedural flaw resulting in the defendant not receiving a fair or adequate trial, and as a result the conviction is overturned.

Although the Board heard only 55 claims over the past 10 years, 132 claims were filed. Many claims are wrongfully filed and do not meet the criteria of the law. This usually means the claimant never went to prison, was never convicted, or waited too long to file a claim.  There are also cases where claimants voluntarily withdraw their claim.

When the Board receives an Erroneous Conviction claim, the California Attorney General’s office is provided a copy along with supporting documentation for their review.  The Attorney General then conducts an investigation into the merits of the claim.

The Board allows the Attorney General sufficient time to review these claims because there is often a considerable amount of evidence to take into consideration.  If not for the Attorney General’s participation in the claims process, the hearing officer likely would not be provided a complete record of the facts relevant to the claim.

Following the investigation, the Attorney General provides a summary of the facts and a recommendation to the Board which is reviewed by the Board’s Hearing Officer.  If the Attorney General believes that the claimant has met his or her burden, the Hearing Officer will take that recommendation into consideration when conducting the hearing and writing the proposed decision. If the Attorney General believes that the claim should not be granted, they have the right to oppose the claim at the hearing by offering contrary evidence and by examining the claimant. Following the hearing, the Hearing Officer prepares a recommendation for the Board. The Board then conducts a hearing and renders its decision.

Obviously, the PC4900 process is considerably different than the burden of proof in a criminal trial where the prosecutor must prove guilt beyond a reasonable doubt.  When a defendant is acquitted by a judge or jury, they are found “not guilty.”  A “not guilty” verdict does not mean that the defendant is innocent; it only means that the prosecution failed to meet its burden of proof.  The jury may believe that the defendant is probably guilty, or even quite likely guilty, but unless they are convinced of guilt beyond a reasonable doubt based on the evidence presented by the prosecution, they must render a “not guilty” verdict.

Each PC4900 claim has its own unique set of circumstances, each with its own facts and evidence, all of which need to be closely examined and considered. The Board applies the statutes and case law to these claims and ultimately makes a determination on whether the claimant has met their burden of proof.

Working Toward Healing

By Julie Nauman, VCGCB Executive Officer

Last month, CalVCP received a letter announcing it was the recipient of a donation of nearly sixteen thousand dollars from two California Prison Industry Authority (CALPIA) work programs and was to be honored at a ceremony at the N.A. Chaderjian Youth Correctional Facility in Stockton. While thrilled by the donation, I hesitated at first on the decision to attend the presentation at a correctional facility out of respect for victims and their families. However, as I learned more about the program, I felt compelled to participate and meet the young men who chose CalVCP as the beneficiary of this donation.

For those not familiar, CALPIA is an inmate work program that provides productive job opportunities for inmates in California correctional institutions. Its primary function is to rehabilitate inmates and facilitate their successful reentry into society. Many times they partner with outside private firms, in this case Free Venture Program (FVP), to learn computer repair, welding and other trade skills. And while this work may help inmates with their own healing process, it is also mandated by law that twenty percent of their earned wage be donated to victim service organizations. As they get paid, these offenders are reminded they owe a debt to their victims, and to society as a whole, for the criminal choices they made.

The youth offenders who donated this money are serving time for crimes like sexual assault and other serious felony convictions. While getting intense treatment, all are learning new skills to help them adjust to the outside world as well as a new way of thinking about their crimes and the impact they have had on their victims.

The money from CALPIA’s donation was raised by youth offenders at two California Division of Juvenile Justice facilities who participated with FVP. This unique program allows incarcerated juvenile offenders to work for private sector companies from within correctional facilities and earn a wage comparable to what they would make outside the facility for the same job. Those participating in the program pay taxes, room and board, and family support.

At the donation presentation ceremony, I listened to these young offenders talk about the pride they take in their work and the joy they find by being able to earn a paycheck, pay for child support and meet their obligation to pay restitution. Some got up and talked about a fresh start for themselves and their families. Others discussed how helping the people they hurt the most—the innocent victims, is the best part of the program. I realized—they were working to heal as well.

While this contribution came from an unlikely source, I was more than pleased to accept it on behalf of the crime victims of California. The money will go directly toward helping victims heal, by reimbursing them for crime-related costs such as mental health treatments and funeral bills. These youth offenders are now, in effect, helping other crime victims through their generous donation and we hope the lessons they have learned will resonate in the community and help reduce crime and its impact on victims.

Meeting Budgetary Needs

By Julie Nauman, VCGCB Executive Officer

Last week, members of the Victim Compensation and Government Claims Board made some very difficult decisions regarding the services CalVCP provides. These decisions, while not easy, were necessary in the face of a diminishing Restitution Fund. For the past few years the amount of revenue received from restitution fines, orders and penalties has declined. For FY 2010-11 the Governor’s budget estimates our revenues will be down by 3%, while claim payments are projected to increase by 2.1%.  At this pace without budget reductions, the Restitution Fund will be $4.2 million in the red by June 2012 and have a $36.2 million negative balance by June 2013.

 In an effort to assure that the Board can continue to compensate victims of crime, the Governor’s Budget for FY 2011-12 calls for more than $5.8 million in savings which includes a $2.2 million savings in operating expenses and a reduction in Joint Power (JP) and Criminal Restitution Compact (CRC) local assistance program contracts of $700,000. It also places a cap on the growth rate of benefit payments to victims of 2.5 percent for claims from FY 2010-11 to FY 2011-12. However, even with these proposed savings in the Governor’s budget, the Restitution Fund would still have a deficit of $20.3 million in 2013.

 That is why the Board took decisive actions and voted on measures that will provide a savings of $15.7 million and better align the program benefit payments with its revenues. Specifically, the Board voted to:

• Limit chiropractic, physical and occupational therapy to a combined total of five sessions and require a physician’s recommendation for additional sessions up to a maximum of 20 sessions.
• Limit income and support loss benefits to victims who are actually employed at the time of the crime and require income and tax records to verify income.
• Establish a maximum benefit of $30,000 for vehicle purchase, renovation and retrofitting per qualifying crime.
• Determine appropriateness of attorney fee limit of payment in statute and prepare a regulation that requires verification of the reasonable value of legal services provided to an applicant.
• Establish a maximum benefit for funeral and burial expenses of $5,000 and remove food and beverages as reimbursable expenses.
• Establish a maximum benefit amount of $63,000.
• Reduce the CalVCP medical reimbursement rate to the flat Medicare rate and reduce restorative cosmetic surgery, prosthetics, hearing aids and eyeglasses, and foreign provider rates by 20%.
• Reduce the CalVCP mental health reimbursement rate by 10%.
• Continue the reduction of the reimbursement rate for mental health services provided by interns adopted by the Board on December 16, 2010 and implemented by staff in January 2011.

These actions adopted by the Board along with the other cost savings measures that the Board has already implemented such as reducing our administrative costs, holding positions vacant, limiting outreach and training and travel expenditures, will allow CalVCP to realize a balance of approximately $14 million by 2013. We will continue to work with our stakeholders on finding more long-term solutions to ensure solvency of the Restitution Fund for years to come so that we may continue to provide vital services to victims of violent crime in California.