California Victim Compensation Board May 21, 2020, Board Meeting Minutes

The California Victim Compensation Board (Board) convened its meeting in open session at the call Holly Pearson, Deputy Secretary and General Counsel for the California Government Operations Agency, sitting as designee by Secretary Yolanda Richardson, via conference call at 400 R Street, Sacramento, California, on Thursday, May 21, 2020, at 10:03 a.m. Also present via conference call was Member Richard Chivaro, Deputy State Controller and Chief Counsel, acting for, and in the absence of, Betty T. Yee, Controller.

Interim Executive Officer Lynda Gledhill and Acting Chief Counsel Jenny Wong attended in person. Michelle Greer, Board Liaison, recorded the meeting in person.

The Board meeting commenced with the Pledge of Allegiance.

Item 1. Approval of Minutes of the April 16, 2020, Board Meeting

The Board approved the minutes of the April 16, 2020, Board meeting.

Item 2. Public Comment

The Board opened the meeting for public comment. No one called in for comment.

Item 3. Executive Officer Statement

Interim Executive Officer Ms. Gledhill updated the Board on a few items:

Telework Update

Currently, the majority of CalVCB staff continue to work from home. The number of applications we received in April decreased compared to April 2019; however, the number of applications processed at headquarters increased more than 28 percent compared to last April. Calls into our Customer Service department also dropped in April; however, the average time a caller waited on hold dropped by more than four minutes.

We expect that as more of California opens, these numbers will increase. Our goal is to maintain our higher level of service as this happens. CalVCB is also seeing an increase in the number of victims and victim advocates submitting applications online – last month, nearly 50 percent of the applications submitted to CalVCB came through the online portal. We are continuing to track our production and will use that information to shape our view of how we work in the future.

Governor’s Budget – 2018 Camp Fire

As you know, COVID-19 has had a tremendous impact on the state’s finance and Governor Newsom’s revised budget makes significant cuts. CalVCB will of course make all necessary adaptations as required by the administration. The May Revise left intact the $23.5 million one-time General Fund allocation to backfill the decline in the Restitution Fund. This funding will enable us to continue providing vital compensation payments to victims.

As I mentioned last month, CalVCB is also monitoring the proposed plea deal expected by PG&E regarding the 2018 Camp Fire. The Butte County DA had convened a Grand Jury and PG&E is expected to plead guilty to 84 counts of involuntary manslaughter and one count of unlawfully causing a fire. The court date has been postponed several times due to COVD-19 closures. The hearing is now scheduled for June 16th. CalVCB continues to work closely with the administration on this issue and we are prepared to take applications from Camp Fire victims once the criminal charges are official.

New DEO Hire

Finally, I want to let the Board know of a key hire in the department – we have a new Deputy Executive Office for the Victim Compensation Program Division. Natalie Mack, who started on Monday, comes to us from the Employee Development Department. For the past five years she has been in charge of the Central Office Division of the Disability Insurance Branch at the Employee Development Department (EDD). Her running of this large, complex claim program has won praise throughout state government and she has been selected to work on several department-wide process improvement efforts. Natalie has been at EDD since 2012 in various roles and previously worked at the state Controller’s Office and the California Department of Corrections and Rehabilitation.

Item 4. Contract Update

Interim Executive Officer Lynda Gledhill informed the Board of an item that informational only.

CalVCB will be setting up a contract with the Office of State Publishing to print, assemble and mail to 6,000 providers toolkits to advertise CalVCB Online. The contract is in the amount of $130,108.00.

Item 5. Legislative Update

CalVCB Acting Chief Counsel Jenny Wong presented the Legislative Update.

AB 2649 (Weber) – Victim Compensation: Funeral and Burial Costs

Ms. Wong reported that the bill will not move forward this session.

SB 1076 (Bradford) – Erroneous Conviction Claims: Compensation and Services

Ms. Wong reported that the bill will not move forward this session.

SB 1137 (Monning) – Erroneous Conviction Claims: Factual Innocence

Ms. Wong reported that the bill will not move forward this session.

AB 3043 (Jones-Sawyer) – Probation: Restitution

Ms. Wong reported that this bill has been amended to an unrelated subject and no longer affects restitution collection.

AB 2028 (Aguiar-Curry) – State Agencies: Meetings

Ms. Wong reported that this bill has passed out of the Assembly Governmental Organization Committee and was referred to the Assembly Appropriations Committee.

AB 3052 (Carrillo) – Forced or Involuntary Sterilization Compensation Program

Ms. Wong reported that this bill has passed out of the Assembly Public Safety Committee and was referred to the Assembly Appropriations Committee.

SB 890 (Pan) – Recording of a Crime: Social Media

Ms. Wong reported that this bill is scheduled to be heard in the Senate Judiciary Committee on May 22nd.

Item 6. Claim of Ricky Leo Davis (Pen. Code. § 4900 et seq.)

Acting Chief Counsel Jenny Wong presented the claim of Ricky Leo Davis.

On March 30, 2020, Ricky Leo Davis submitted an application for compensation as an erroneously convicted person pursuant to Penal Code section 4900.  The application was based upon Mr. Davis’ ten years imprisonment for a 2005 conviction for murder, which was vacated on habeas based upon new DNA results that excluded Mr. Davis and implicated a new suspect.  At the prosecutor’s request, a finding of factual innocence issued on February 13, 2020.  In light of this binding determination, the Proposed Decision recommends that the Legislature appropriate $490,280 as payment to Mr. Davis, representing $140 for each of the 3,502 days that he was wrongfully imprisoned for this erroneous murder conviction.  As agreed by both parties, this calculation excludes Mr. Davis’ overlapping confinement for two unrelated felony convictions for robbery and assault.

Throughout these proceedings, Ms. Wong concluded, Mr. Davis was represented by Melissa Dague O’Connell of the Northern California Innocence Project (NCIP), and the Attorney General was represented by Deputy Attorney General Barton Bowers.

Chairperson Pearson asked if there was anyone who wished to address the Board on this matter. The Claimant’s attorney, Melissa Dague O’Connell, from Northern California Innocence Project, wished to address the Board via conference call. Ms. Dague O’Connell agreed with the Proposed Decision by the Hearing Officer and wished that it be submitted to the Board for approval.

Chairperson Pearson thanked Ms. Dague O’Connell for her statement and asked if the Attorney General’s Office wished to make a statement. Deputy Attorney General Barton Bowers said that he did. Mr. Bowers agreed that the Proposed Decision should be adopted.

The Board adopted the Hearing Officer’s Proposed Decision.

Item 7. Claim of Samuel Bonner (Pen. Code, § 4900 et seq.)

Acting Chief Counsel Jenny Wong presented the claim of Samuel Bonner.

On October 24, 2019, Samuel Bonner submitted an application for compensation as an erroneously convicted person pursuant to Penal Code section 4900.  The application was based on Bonner’s 36-years imprisonment for a 1982 conviction for first-degree murder with the special circumstance of robbery and a second conviction for robbery. Both convictions were dismissed by the Los Angeles County Superior Court because of Brady error and prosecutorial misconduct.  The Los Angeles County Superior Court held that Bonner was factually innocent of both the first-degree murder and the robbery because the court found the informant’s testimony was habeas and every piece of evidence relied on during the preliminary hearing and trial had subsequently been discredited. The entire duration of Bonner’s incarceration was solely attribute habeas to these convictions, and no other convictions or sentences were imposed or stayed at any time. Accordingly, the Proposed Decision recommends, in accordance with the automatic compensation provision of Penal Code section 4902, that the Legislature appropriate $1,873,620 as payment to Bonner, representing $140 for each of the 13,383 days that he was wrongfully imprisoned.

Chairperson Pearson asked if there was anyone who wished to address the Board on the matter. The Claimant’s Attorney, Andrew M. Stein, Esq., from The Law Offices of Stein and Markus, as well as claimant Samuel Bonner wished to address the Board via conference call.

Mr. Stein stated that he agreed with the Hearing Officer’s findings and asked that the Board approve the Proposed Decision. He also thanked everyone involved for their hard work on this case.

Chairperson Pearson thanked Mr. Stein and asked if the Attorney General’s Office wished to make a statement. Deputy Attorney General Barton Bowers said that he did. Mr. Bowers agreed that the Proposed Decision should be adopted.

Chairperson Pearson thanked Mr. Bowers for his statement and asked if Mr. Bonner wished to make a statement. He said that he wanted to thank everyone for their hard work on his case.

The Board adopted the Hearing Officer’s Proposed Decision.

Victim Compensation Program

The Board commenced the Victim Compensation Program portion of the meeting at 10:25 a.m.

Request for Approval to Submit the California Code of Regulations Rulemaking Record to the Office of Administrative Law (Title 2, § 649.32.1)

Interim Chief Counsel Jenny Wong presented the request to the Board.

On January 30, 2020, the California Victim Compensation Board (Board) authorized staff to proceed with regulatory action adopting title 2, section 649.32.1 to comply with a legislative mandate in ASSEMBLY BILL (AB) 629 to adopt regulations by July 1, 2020 that allow California Victim Compensation Board to rely on evidence other than official employment documentation in considering and approving an application for compensation equal to the loss of income or support that a victim incurs as a direct result of the victim’s deprivation of liberty during the crime of human trafficking.

After receiving approval to proceed with the proposed regulatory action, the Board filed the proposed regulation and the Initial Statement of Reasons with Office of Administrative Law. The Notice of Rulemaking Action was published on February 14, 2020, sent by mail or email to all Interested Parties, and placed on the Board’s website. All comments were carefully considered, responses were prepared, and the proposed regulation was revised accordingly.

Staff request that the Board adopt the proposed regulation and authorize the Executive Officer to file the rulemaking record with Office of Administrative Law for its review and approval.

Chairperson Pearson then asked if there was anyone who wished to make a statement on this matter. Stephanie Richard, Esq., from The Coalition to Abolish Slavery & Trafficking (CAST) wished to make a statement via Conference call, as well as Survivor Advocate Deborah Pembrook.

Ms. Richard thanked the Board and explained that CAST is one of the largest service providers for all forms of trafficking victims. Its on behalf of the tracked victims that Ms. Richardson is calling for today to offer personal thanks for the swift and helpful action taken by the Board to implement AB 629, which ensures human trafficking survivors have access to lost income in the same way as other crime victims, and acknowledges different types of documentation must be able to be submitted to the program by human trafficking survivors forced into commercial sex or labor to compensate them at least in part for the time they lost to their trafficking.

Ms. Richard continued by thanking new Interim Executive Officer Lynda Gledhill as well as Legislative Manager Neil Ennes for their work and responsiveness with CAST on this issue to ensure the most streamlined system for survivors of human trafficking to be able to start applying for AB 629 benefits, and I am very happy that the Board is taking action on this today. Ms. Richard also stated that in her 15 years of Legislative work she had never had any Legislative Action be approved before the deadline and thanked CalVCB again.

In conclusion, Ms. Richard shared a story of a human trafficking survivor who may have gotten the first check for benefits under AB 629. She was given $10,000.00, and she told CAST that this will enable her to rent an apartment for the first time ever. This is due to the great work at CalVCB that this survivor feels secure about her housing despite the ongoing pandemic and crisis.

Ms. Richard then introduced her colleague Deborah Pembrook who also wished to make a statement. Ms. Pembrook explained that she was also a human trafficking survivor from a very young age until she was 17 and came to California to rebuild her life while still a teenager. As indescribable it was for her to be away from her trafficker, rebuilding her life was extremely difficult trying to find a job, and found that she was just trying to survive. Today I see so many survivors in that same position trying to rebuild their lives. Survivors have complex lives that rarely fit the one fits all strategies that we often give them, too often are the only thing we can provide to them, but it does not fit their true needs for their particular situation.

For the small amount, Ms. Pembrook continued, that are able to leave their trafficker with even a few resources that are able to rebuild their lives, we see much higher incomes. With the passage of AB 629 it has been a real game changer. Recognizing survivors of human trafficking and allowing us to apply for loss wages just like any other crime victim means that survivors that are able to leave their trafficker have everything they need to rebuild a safe and connected life. When I was trafficked, what happened to me wasn’t called human trafficking. California has done such important work to ensure that survivors are seen as they are: strong, resilient and importantly equally worthy. Human trafficking survivors have experienced a deeply traumatic crime and deserve to be treated equally with all other crime victims.

In conclusion, Ms. Pembrook wanted to thank everyone for the passage and implementation of AB 629 which says that CalVCB stands with CAST and hears human trafficking victims.

Chairperson Pearson thanked Ms. Richard and Ms. Pembrook for their statements regarding AB 629. The Board approved this action.

Closed Session

Pursuant to Government Code section 11126(c)(3), the Board adjourned into Closed Session the Acting Chief Counsel at 10:28 a.m. to deliberate on proposed decision numbers 1-35 of the Victim Compensation Program. The Board will also discuss a personnel matter pursuant to Government Code section 1126 (a).

Open Session

The Board reconvened into Open Session pursuant to Government Code section 11126(c)(3) at 10:33 a.m. Chairperson Pearson announced that pursuant to Government Code section 1126 (a), the Board voted unanimously to appoint Lynda Gledhill as Executive officer effective today, May 21, 2020.

The Board adopted the hearing officer’s recommendations for proposed decision numbers 1-35 of the Victim Compensation Program.

Adjournment

The Board meeting adjourned at 10:35 a.m.

The next meeting is scheduled for Thursday, June 18th.