SECTIONS 13962-13966 - California Statutes

GOVERNMENT CODE

SECTION 13962-13966

13962. (a) The board shall publicize through the board, law
enforcement agencies, victim centers, hospitals, medical, mental
health or other counseling service providers, and other public or
private agencies, the existence of the program established pursuant
to this chapter, including the procedures for obtaining compensation
under the program.
(b) It shall be the duty of every local law enforcement agency to
inform crime victims of the provisions of this chapter, of the
existence of victim centers, and in counties where no victim center
exists, to provide application forms to victims who desire to seek
compensation pursuant to this chapter. The board shall provide
application forms and all other documents that local law enforcement
agencies and victim centers may require to comply with this section.
The board, in cooperation with victim centers, shall set standards to
be followed by local law enforcement agencies for this purpose and
may require them to file with the board a description of the
procedures adopted by each agency to comply with the standards.

13963. (a) The board shall be subrogated to the rights of the
recipient to the extent of any compensation granted by the board. The
subrogation rights shall be against the perpetrator of the crime or
any person liable for the losses suffered as a direct result of the
crime which was the basis for receipt of compensation, including an
insurer held liable in accordance with the provision of a policy of
insurance issued pursuant to Section 11580.2 of the Insurance Code.
(b) The board shall also be entitled to a lien on any judgment,
award, or settlement in favor of or on behalf of the recipient for
losses suffered as a direct result of the crime that was the basis
for receipt of compensation in the amount of the compensation granted
by the board. The board may recover this amount in a separate
action, or may intervene in an action brought by or on behalf of the
recipient. If a claim is filed within one year of the date of
recovery, the board shall pay 25 percent of the amount of the
recovery that is subject to a lien on the judgment, award, or
settlement, to the recipient responsible for recovery thereof from
the perpetrator of the crime, provided that the total amount of the
lien is recovered. The remaining 75 percent of the amount, and any
amount not claimed within one year pursuant to this section, shall be
deposited in the Restitution Fund.
(c) The board may compromise or settle and release any lien
pursuant to this chapter if it is found that the action is in the
best interest of the state or the collection would cause undue
hardship upon the recipient. Repayment obligations to the Restitution
Fund shall be enforceable as a summary judgment.
(d) No judgment, award, or settlement in any action or claim by a
recipient, where the board has an interest, shall be satisfied
without first giving the board notice and a reasonable opportunity to
perfect and satisfy the lien. The notice shall be given to the board
in Sacramento except in cases where the board specifies that the
notice shall be given otherwise. The notice shall include the
complete terms of the award, settlement, or judgment, and the name
and address of any insurer directly or indirectly providing for the
satisfaction.
(e) (1) If the recipient brings an action or asserts a claim for
damages against the person or persons liable for the injury or death
giving rise to an award by the board under this chapter, notice of
the institution of legal proceedings, notice of all hearings,
conferences, and proceedings, and notice of settlement shall be given
to the board in Sacramento except in cases where the board specifies
that notice shall be given to the Attorney General. Notice of the
institution of legal proceedings shall be given to the board within
30 days of filing the action. All notices shall be given by the
attorney employed to bring the action for damages or by the recipient
if no attorney is employed.
(2) Notice shall include all of the following:
(A) Names of all parties to the claim or action.
(B) The address of all parties to the claim or action except for
those persons represented by attorneys and in that case the name of
the party and the name and address of the attorney.
(C) The nature of the claim asserted or action brought.
(D) In the case of actions before courts or administrative
agencies, the full title of the case including the identity of the
court or agency, the names of the parties, and the case or docket
number.
(3) When the recipient or his or her attorney has reason to
believe that a person from whom damages are sought is receiving a
defense provided in whole or in part by an insurer, or is insured for
the injury caused to the recipient, notice shall include a statement
of that fact and the name and address of the insurer. Upon request
of the board, a person obligated to provide notice shall provide the
board with a copy of the current written claim or complaint.
(f) The board shall pay the county probation department or other
county agency responsible for collection of funds owed to the
Restitution Fund under Section 13967, as operative on or before
September 28, 1994, Section 1202.4 of the Penal Code, Section 1203.04
of the Penal Code, as operative on or before August 2, 1995, or
Section 730.6 of the Welfare and Institutions Code, 10 percent of the
funds so owed and collected by the county agency and deposited in
the Restitution Fund. This payment shall be made only when the funds
are deposited in the Restitution Fund within 45 days of the end of
the month in which the funds are collected. Receiving 10 percent of
the moneys collected as being owed to the Restitution Fund shall be
considered an incentive for collection efforts and shall be used for
furthering these collection efforts. The 10-percent rebates shall be
used to augment the budgets for the county agencies responsible for
collection of funds owed to the Restitution Fund, as provided in
Section 13967, as operative on or before September 28, 1994, Section
1202.4 of the Penal Code, Section 1203.04 of the Penal Code,
operative on or before August 2, 1995, or Section 730.6 of the
Welfare and Institutions Code. The 10-percent rebates shall not be
used to supplant county funding.
(g) In the event of judgment or award in a suit or claim against a
third party or insurer, if the action or claim is prosecuted by the
recipient alone, the court or agency shall first order paid from any
judgment or award the reasonable litigation expenses incurred in
preparation and prosecution of the action or claim, together with
reasonable attorney's fees when an attorney has been retained. After
payment of the expenses and attorney's fees, the court or agency
shall, on the application of the board, allow as a lien against the
amount of the judgment or award, the amount of the compensation
granted by the board to the recipient for losses sustained as a
result of the same incident upon which the settlement, award, or
judgment is based.
(h) For purposes of this section, "recipient" means any person who
has received compensation or will be provided compensation pursuant
to this chapter, including the victim's guardian, conservator or
other personal representative, estate, and survivors.

13964. (a) Claims under this chapter shall be paid from the
Restitution Fund.
(b) Notwithstanding Section 13340, the proceeds in the Restitution
Fund are hereby continuously appropriated to the board, without
regard to fiscal years, for the purposes of this chapter. However,
the funds appropriated pursuant to this section for administrative
costs of the board shall be subject to annual review through the
State Budget process.
(c) A sum not to exceed 15 percent of the amount appropriated
annually to pay claims pursuant to this chapter may be withdrawn from
the Restitution Fund, to be used as a revolving fund by the board
for the payment of emergency awards pursuant to Section 13961.

13965. (a) A person who has been overpaid or on whose behalf any
provider or other person has been overpaid under this chapter is
liable for that amount unless both of the following facts exist:
(1) The overpayment was not due to fraud, misrepresentation, or
willful nondisclosure on the part of the recipient.
(2) The overpayment was received without fault on the part of the
recipient, and its recovery would be against equity and good
conscience.
(b) All overpayments exceeding two thousand dollars ($2,000) shall
be reported to the Legislature pursuant to Section 13928 and the
relief from liability described in subdivision (a) shall be subject
to legislative approval.

13966. The board may do all of the following to recover moneys owed
to the Restitution Fund:
(a) File a civil action against the liable person for the recovery
of the amount of moneys owed. This action shall be filed within one
year of either of the following events, or within three years of
either of the following events if the liable person was overpaid
benefits due to fraud, misrepresentation, or nondisclosure as
described in paragraph (1) of subdivision (a) of Section 13965:
(1) The mailing or personal service of the notice of the moneys
owed if the person affected does not file an appeal with the board or
person designated by the board.
(2) The mailing of the decision of the board if the person
affected does not initiate a further appeal.
(b) (1) Initiate proceedings for a summary judgment against the
liable person. However, this subdivision shall apply only where the
board has found, pursuant to Section 13965, that the overpayment may
not be waived. The board may, not later than three years after the
overpayment became final, file with the clerk of the proper court in
the county from which the overpayment of benefits was paid or in the
county in which the claimant resides, a certificate containing all of
the following:
(A) The amount due, plus interest from the date that the initial
determination of the moneys owed was made.
(B) A statement that the board has complied with all the
provisions of this chapter prior to the filing of the certificate.
(C) A request that the judgment be entered against the liable
person in the amount set forth in the certificate.
(2) The clerk, immediately upon the filing of the certificate,
shall enter a judgment for the state against the liable person in the
amount set forth in the certificate.