DRAFT

California Victim Compensation Board

Item 1: Open Meeting Minutes

September 19, 2024, Board Meeting

The California Victim Compensation Board (Board) convened its meeting in open session upon the call of the Chair, Gabriel Ravel, General Counsel of the Government Operations Agency, acting for, and in the absence of Amy Tong, Secretary of the Government Operations Agency, at 400 R Street, Room 330, Sacramento, California, on Wednesday, September 19, 2024, at 10:01 a.m. Also, present was Member Evan Johnson, acting for, and in the absence of, Malia Cohen, Controller. Appearing via Zoom was Member Diana Becton, District Attorney.

Executive Officer Lynda Gledhill, and Chief Counsel Kim Gauthier attended in person at 400 R Street, Sacramento, California. Board Liaison, Andrea Burrell, was also present and recorded the meeting.

Item 1. Approval of the Minutes of the July 18, 2024, Board Meeting

Member Becton moved approval of the Minutes for the July 18, 2024, Board Meeting. The motion was seconded by Member Johnson. By a unanimous vote of the Board, the motion passed.

Item 2. Public Comment

The Board opened the meeting for public comment and Ms. Burrell reminded everyone that, consistent with the Bagley-Keene Open Meeting Act, items not on the agenda may not be discussed at this time but may be put on a future agenda. (Gov. Code, § 11125.7.) 

Hovanes Tonoyan appeared via telephone and reminded the Board that he made a comment at the May meeting with an introduction and some criticisms for the Board about improvements that could be made. He thanked the Board that one of the improvements was made noting that ongoing litigation matters were on the agenda. He feels it is very important that the public see how the Board is spending money, what kind of litigation directions are being taken, and what kind of actions are being taken that are resulting in these issues. He mentioned that he is a victim of a violent crime, and since filing his application in December of 2023, it has been a whirlwind dealing with the Board, trying to get connected with law enforcement, and trying to get connected with the district attorney’s office.

Mr. Tonoyan concluded by stating he has a hearing scheduled in December, which he does not yet know if he will be able to attend because of scheduling issues. He stated that no victim of crime should be put through the stress and burden to get the care and the wellness resources that are needed. He reminded the Board to not forget about the victims.

Chair Ravel thanked Mr. Tonoyan for sharing his concerns.

Margaret Petros appeared via Zoom; she indicated her public comment was related to the closed session part of the agenda. On August 5, a ruling was issued to grant Mothers Against Murder’s Writ of Mandate for CalVCB to follow Government Code Section 13959, to give all applicants who contest the denial of compensation an opportunity to appear in-person at a hearing if they wish. Ms. Petros stated because CalVCB plans to appeal the decision, she is asking the Board to think twice about wasting public funds and public resources to appeal the solid writ order.

Finally, Ms. Petros stated that CalVCB’s duty is to help crime victims and not violate them. She feels that CalVCB will be abusing the power that has been given to them by the state of California.

Chair Ravel thanked Ms. Petros for her perspective and noted that the Board has implemented the court’s order.

Mechiel Taylor appeared via telephone. Ms. Taylor has been a teacher since 2004, she also worked as a teacher at Santa Rita Jail where she was victimized by a deputy sheriff. She then applied to the program in 2022 and after waiting about six months, she received a denial letter based solely on the absence of a report by law enforcement. Law enforcement refused to cooperate with documentation that was requested by CalVCB. She requested her file after receiving the denial and was surprised how much CalVCB investigated her as a victim and not the deputy that harmed her. If the deputy would have been investigated, it would have been discovered that he has multiple pending cases and workplace sexual harassment complaints. Ms. Taylor is asking the Board to reconsider how it navigates applications of victims who have been harmed by law enforcement, especially since it is known that law enforcement stick together.

Ms. Taylor concluded, noting that in her case, members of law enforcement deliberately destroyed and covered up evidence of misconduct by their own personnel.

Chair Ravel thanked Ms. Taylor and expressed his sympathy for the hardships she experienced.

Item 3. Executive Officer Statement

Executive Officer Gledhill updated the Board on a few items:

To start, Ms. Gledhill updated the Board on the Forced or Involuntary Sterilization Program (FISCP). The Legislature passed AB 179, a budget trailer bill, that is anticipated to be signed by the Governor. This bill allows individuals who applied to the Program to request an additional review by the Board no later than January 1, 2025. It requires CalVCB to do an additional review of previously denied claims or appeals upon request by the claimant with a showing of good cause. Finally, it provides that any claimant found to be a qualified recipient will receive $35,000 in compensation. Once this is enacted, CalVCB will update its website to reflect the change.

Earlier this year, Ms. Gledhill informed the Board about possible changes to the federal regulations that govern CalVCB and every state victim compensation program. In August, she attended the federal VOCA Conference, where the federal director, Kristina Rose, shared that the federal government is planning to release its revised regulations this winter. They will be effective immediately upon publication but there will be a process in place to allow states to request an exemption while they enact appropriate statutory and regulatory changes, if necessary. CalVCB anticipates there will be changes to its statutes and/or regulations based on the proposed new regulations. It is also anticipated that more funds to pay newly eligible victims will be needed in light of the proposed changes.

Ms. Gledhill continued noting Director Rose also shared concerns regarding the federal Crime Victim Fund. Due to ongoing litigation, the deposits to the fund are at risk. Director Rose shared that without significant deposits into the Crime Victims Fund as much as $1.5 billion are on hold because of pending litigation. This could have an impact on VOCA funds that are distributed to states both on the assistance and compensation sides. If there is a reduction to CalVCB’s federal VOCA grant, it would increase the department’s reliance on the state’s general fund, which has significantly fluctuated in the last few years.

The conference and opportunity to network with leaders in the victim compensation field gave her several ideas that CalVCB can implement to continue to enhance services for victims.

Ms. Gledhill updated the Board on the Trauma Recovery Center (TRC) grant program. Proposition 47 passed in 2014 and reduced sentences for certain crimes and used the savings to establish the Safe Neighborhood and Schools Fund, which is a significant funding source for the TRC grant program. In Fiscal Year 2023-24, TRC funding included $8.3 million from the Safe Neighborhood and Schools Fund out of a total of $12.5 million, which was about 67 percent of the total that was able to be provided to TRCs. Proposition 36 is on the ballot in November and will attempt to undo some of the changes put in place by Proposition 47. If passed, it will reduce the Safe Neighborhood and Schools Fund. The Legislative Analyst’s Office estimates the total reduction to be in the millions. This would result in a proportional reduction in the low millions to the TRC grant program, which receives 10 percent distribution from the fund. Other groups have estimated that the reduction could be much higher. It might not have an impact on the upcoming TRC grants this year, but certainly for the following one and all the grants thereafter. TRCs are only guaranteed $2 million from the restitution fund and without the Proposition 47 funds, this amount can only support one or two TRCs. CalVCB will continue to monitor this situation but wanted the Board to be aware as we approach our next funding cycle for allocation of the diminished funds.

There were 15 TRCs that were approved in the 2023 grant cycle who could reapply this year. CalVCB estimates about $7.5 million less will be available in general fund money as compared to the 2023 grant cycle. It is unlikely that there will be enough money to fund all 15 TRCs. CalVCB plans to post the NOFA in December and will host one informational session to walk potential applicants through the process. There is also a question-and-answer process for TRCs.

Ms. Gledhill continued, reminding the Board that CalVCB launched the advocate portal a few years ago as a secure alternative for advocates to obtain information from CalVCB; however, earlier this summer as part of a security evaluation, CalVCB identified that there were still advocates who had access to CalVCB’s system of record called Cares. We have been working diligently with the advocate community as we fully transition them to using CalVCB’s online Advocate Portal instead of the Cares system. CalVCB notified them that as of August 1 they would no longer have access to Cares and would need to create an Advocate Portal account.

Finally, Ms. Gledhill shared CalVCB’s Fiscal Year 2023-24 Annual Report. The report highlights the great work the CalVCB team did to expand outreach and assist victims. CalVCB received over 40,000 applications, which is 1,500 more than the prior year and the highest number since the start of the pandemic. By making process improvements, updating regulations and guidelines, and improving efficiency by leveraging technology, CalVCB eliminated barriers for victims. The new awareness campaign that was launched has increased applications and website traffic.

Chairperson Ravel thanked Ms. Gledhill for the updates.

Member Johnson asked if there was a way that CalVCB could advise the TRCs of other funding opportunities to help stabilize the funding.  

Ms. Gledhill stated the TRCs communicate with each other and UCSF is a leader in talking to TRCs about more funding. It is up to the TRCs to pursue additional funding as CalVCB’s grants have never been anticipated to be the sole source of funding. There has been talk with the legislature and the administration about whether they want to consider a more stable funding source for this program. Ms. Gledhill indicated she is not sure if the state’s budget will support that given the predicted budget shortfall.

Item 4. Legislative Update

The Legislative Update was presented by Deputy Executive Officer Katie Cardenas.

Ms. Cardenas stated the Legislature concluded its session at the end of August. In addition to the budget trailer bill for the Forced and Involuntary Sterilization Compensation Program, one other key bill remains on the Governor’s desk. AB 1186 by Assembly Member Bonta would provide that restitution fines against both adult and juvenile offenders would be deemed uncollectible 10 years after imposition. It would also remove authority for the imposition of certain mandatory restitution fines against juvenile offenders.

Finally, Ms. Cardenas reported there were several other bills on the floor that have also moved to the Governor’s desk. These include:

• SB 1481 by Senator Caballero
• AB 2432 by Assembly Member Gabriel
• AB 1832 by Assembly Member Rubio
• AB 2020 by Assembly Member Bonta

The Governor has until September 30, 2024, to sign or veto bills.

Chairperson Ravel thanked Ms. Cardenas for the updates.

Item 5. Contract Update

The Contract Update was presented by Deputy Executive Officer Shawn Ramirez.

Ms. Ramirez stated that the Contract Report consisted of Joint Power agreements, the awarded Trauma Recovery Center agreements and standard operational contracts. She noted all items are informational and do not require Board action.

Chairperson Ravel thanked Ms. Ramirez for the update.

Item 6. Stephen Patterson (Pen. Code, §§ 4900, et seq.)

The Penal Code section 4900 claim of Stephen Patterson was presented by Chief Counsel, Kim Gauthier.

On July 3, 2024, Stephen Patterson submitted an application to the California Victim Compensation Board as an erroneously convicted felon. That application was supplemented on July 11, 2024, and is based on his 2007 conviction for first-degree murder. The conviction was vacated in March of 2024 pursuant to a grant of habeas corpus. Also in March 2024, the court granted the motion for a finding of factual innocence pursuant to Penal Code section 1485.55.

As mandated by the court order and pursuant to Penal Code section 1485.55, the Proposed Decision recommends compensation in the amount of $919,380, which represents $140 per day for the 6,567 days Mr. Patterson was wrongfully imprisoned.

Mr. Patterson has been represented by Jasmin Harris of the Innocence Project and the Office of the Attorney General is represented by Deputy Attorney General Kathryn Althizer.

Chair Ravel requested to hear first from Ms. Harris.

Ms. Harris thanked the Board and staff for recognizing how imperative it is for us to compensate the wrongly convicted. She also appreciates how CalVCB adheres to the amendments to the law and how we collaborate with them to do the work.

Mr. Patterson stated often times anger is displaced and pointed at the wrong people, and he wanted to apologize today to the Board because he thought everyone was the same. He thought because the government had done this to him, because this was the law system that did this to him, although he’s a firm believer in the law system, he thought that he would get nothing other than to be freed. Even though some people may not think they owe you, he thanked each Board member for everything they are doing today in this process, and he knows that what the Board is doing is strenuous and not easy.

Finally, Mr. Patterson stated that for the people who are watching who have families that are in this situation it is not going to be easy, justice is slow, but it will work.

Chair Ravel thanked Ms. Harris and Mr. Patterson for appearing at the meeting.

Chair Ravel requested to hear from Ms. Althizer.

Ms. Althizer stated the attorney general had no additional comment and asked that the Board adopt the Proposed Decision.

Chair Ravel thanked counsel for their advocacy in this case.

Member Johnson moved to adopt the Hearing Officer’s Proposed Decision in the Penal Code section 4900 matter of Stephen Patterson. The motion was seconded by Member Becton. The motion was approved by a unanimous vote of the Board and the proposed decision was adopted.

Item 7. Brandon Gamino (Pen. Code, §§ 4900, et seq.)

The Penal Code section 4900 claim of Brandon Gamino was presented by Chief Counsel, Kim Gauthier.

On May 17, 2023, Brandon Gamino submitted an application to the California Victim Compensation Board as an erroneously convicted felon. That application was supplemented in July 2023 and is based on his 2012 convictions for robbery and assault with a semi-automatic firearm. The claim seeks $266,700 for 1,905 days of imprisonment. The Attorney General objected to the claim, arguing the evidence fails to prove Mr. Gamino’s innocence by a preponderance.

This claim is recommended for denial as Mr. Gamino has failed to meet his burden of showing, by a preponderance of the evidence, that he is innocent of the challenged convictions as required by Penal Code section 4900, subdivision (a).

Mr. Gamino represented himself and the Office of the Attorney General is represented by Deputy Attorney General Charity Whitney.

Chair Ravel confirmed that Mr. Gamino was not present.

Chair Ravel requested to hear from Ms. Whitney.

Ms. Whitney stated the Office of the Attorney General had no additional comments and asked that the Board adopt the Proposed Decision.

Chair Ravel thanked Ms. Whitney for appearing at the meeting.

Member Becton moved to adopt the Hearing Officer’s Proposed Decision in the Penal Code section 4900 matter of Brandon Gamino. The motion was seconded by Member Johnson. The motion was approved by a unanimous vote of the Board and the proposed decision was adopted.

Closed Session

The Board adjourned into Closed Session with the Chief Executive Officer and Chief Counsel at 10:30 a.m. pursuant to Government Code section 11126, subdivision (e) to discuss pending litigation and subsection (c)(3) to deliberate on proposed decision numbers 1 through 5 of the Victim Compensation Program.

Open Session

The Board reconvened in Open Session pursuant to Government Code section 11126, subdivisions (e) and (c)(3) at 11:03 a.m.

Member Becton moved to approve items 1 through 5 of the Victim Compensation Program. Member Johnson seconded the motion. The motion was approved by a unanimous vote of the Board and the proposed decisions were adopted.

Adjournment

Member Becton moved the adjournment of the September Board meeting. Member Johnson seconded the motion. The motion was approved by a unanimous vote of the Board and the meeting was adjourned at 11:04 a.m.

Next Board Meeting

The next Board meeting is scheduled for Thursday, November 21, 2024.