What is the California Victim Compensation Board?

In the course of representing those accused of crimes where restitution may be sought, it is valuable to know a bit about the California Victim Compensation Board (CalVCB), its limitations and its provisions.

The CalVCB, located in Sacramento, provides compensation to victims of crime, as well as family members or cohabitants of the victim of crime, including those dependent on the victim for financial support.  This can include crimes of violence or threats of violence, even if a criminal case is not filed. 

The CalVCB also processes claims for those erroneously convicted of a felony, as described further below.

Victim-related expenses can be repaid to anyone who pays the funereal or burial expenses of a deceased victim.  The primary caretaker of a minor victim of crime may also apply for compensation to the CalVCB, as may a child witness to any crime of violence.

The application must be filed within three years of the crime.  The victims must not have participated in the crime.  The victims must also cooperate with law enforcement and the prosecution.

The victim may not be on parole, probation or post-release community supervision for a violent felony, or while incarcerated or be required to register as a sex offender.

Expenses that are covered include medical, dental and hospital expenses, cosmetic surgery, mental health counseling, relocation expenses, crime scene cleanup expenses, loss of wages or support, job retaining and rehabilitation and even home security installation.

To receive compensation, the victim first must seek other sources of reimbursement (i.e., insurance).  The District Attorney’s Office can assist victims when applying for services from CalVCB.  To follow up on an application, or with help navigating the system, one can call the Bureau of Victim Services’ Claims Verification Unit at 800-492-5944 or 800-777-9229.

As mentioned above, CalVCB also processes claims from persons seeking compensation as an erroneously convicted felon pursuant to Penal Code §§ 4900 through 4906.  Relief under § 4900 is limited to claimants who, being innocent, were erroneously convicted and imprisoned because the charged crime either did not occur or was not committed by the claimant. § 4900(a).

A successful claim results in a recommendation to the California State Legislature to appropriate compensation in the amount of $140 per day for the duration of the claimant’s wrongful imprisonment, as provided for at Penal Code § 4904.

To be eligible for consideration, the claimant must have been convicted of a felony under California law, for which a prison sentence was imposed, and the claimant must no longer be imprisoned for that offense.  In addition, the claimant must submit a completed Erroneous Conviction Claim Form, with supporting documentation, within ten years after release from custody, dismissal of charges, judgment of acquittal, or pardon granted, whichever is later.

The claim must be accompanied by a statement of facts, signed under penalty of perjury, showing that the claimant did not commit the underlying offense(s) for which they were convicted and imprisoned. § 4901; Cal. Code Regs., tit. 2, §§ 640, 642.

Generally, the claimant must prove, by a preponderance of the evidence, that they did not commit the crime that resulted in their incarceration and that they sustained injury as a result of their erroneous conviction. § 4900(a).

Injury is shown if the claimant would have been free but for the erroneous conviction.  The claimant is entitled to a hearing to prove both innocence and injury, at which the Attorney General may appear (§ 4903(a))

Alternatively, if the conviction was vacated by a grant of habeas relief or pursuant to Penal Code section 1473.6 or 1473.7(a)(2), a recommendation for compensation is required absent clear and convincing proof of the claimant’s guilt. §§ 4900(b), 4902(d), 4903(b).  

Compensation is barred for any claimant who pled guilty with the specific intent to protect another from prosecution for the underlying conviction.

Lastly, it should be noted that fraudulent victim compensation claims are vigorously investigated and prosecuted, so this is not an area to experiment in or “just take a chance.”