Section 13957.7 Of Article 4. Scope Of Compensation From California Government Code >> Division 3. >> Title 2. >> Part 4. >> Chapter 5. >> Article 4.
13957.7
. (a) No reimbursement may be made for any expense that is
submitted more than three years after it is incurred by the victim or
derivative victim. However, reimbursement may be made for an expense
submitted more than three years after the date it is incurred if the
victim or derivative victim has affirmed the debt and is liable for
the debt at the time the expense is submitted for reimbursement, or
has paid the expense as a direct result of a crime for which a timely
application has been filed or has paid the expense as a direct
result of a crime for which an application has been filed and
approved.
(b) Compensation made pursuant to this chapter may be on a
one-time or periodic basis. If periodic, the board may increase,
reduce, or terminate the amount of compensation according to the
applicant's need, subject to the maximum limits provided in this
chapter.
(c) (1) The board may authorize direct payment to a provider of
services that are reimbursable pursuant to this chapter and may make
those payments prior to verification. However, the board may not,
without good cause, authorize a direct payment to a provider over the
objection of the victim or derivative victim.
(2) Reimbursement on the initial claim for any psychological,
psychiatric, or mental health counseling services shall, if the
application has been approved, be paid by the board within 90 days of
the date of receipt of the claim for payment, with subsequent
payments to be made to the provider within one month of the receipt
of a claim for payment.
(d) Payments for peer counseling services provided by a rape
crisis center may not exceed fifteen dollars ($15) for each hour of
services provided. Those services shall be limited to in-person
counseling for a period not to exceed 10 weeks plus one series of
facilitated support group counseling sessions.
(e) The board shall develop procedures to ensure that a victim is
using compensation for job retraining or relocation only for its
intended purposes. The procedures may include, but need not be
limited to, requiring copies of receipts, agreements, or other
documents as requested, or developing a method for direct payment.
(f) Compensation granted pursuant to this chapter shall not
disqualify an otherwise eligible applicant from participation in any
other public assistance program.
(g) The board shall pay attorney's fees representing the
reasonable value of legal services rendered to the applicant, in an
amount equal to 10 percent of the amount of the award, or five
hundred dollars ($500), whichever is less, for each victim and each
derivative victim. The board may request that an attorney provide
verification of legal services provided to an applicant and the board
may contact an applicant to verify that legal services were
provided. An attorney receiving fees from another source may waive
the right to receive fees under this subdivision. Payments under this
subdivision shall be in addition to any amount authorized or ordered
under subdivision (b) of Section 13960. An attorney may not charge,
demand, receive, or collect any amount for services rendered in
connection with any proceedings under this chapter except as awarded
under this chapter.
(h) A private nonprofit agency shall be reimbursed for its
services at the level of the normal and customary fee charged by the
private nonprofit agency to clients with adequate means of payment
for its services, except that this reimbursement may not exceed the
maximum reimbursement rates set by the board and may be made only to
the extent that the victim otherwise qualifies for compensation under
this chapter and that other reimbursement or direct subsidies are
not available to serve the victim.