§ 24213. — 24213. (Amended by Stats. 2024, Ch. 997, Sec. 14.)

California § 24213.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 20.: DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS
• Ch. 1.6.: CHAPTER 1.6. Forced or Involuntary Sterilization Compensation Program

Text

(a)
(1)
An individual seeking victim compensation pursuant to the program shall submit an application to the board beginning six months after the start date of the program and no later than two years and six months after the start date of the program.
(2)
An individual incarcerated or otherwise under the control of the Department of Corrections and Rehabilitation at the time of filing an application need not exhaust administrative remedies before submitting an application for, or receiving, victim compensation pursuant to the program and shall not be disqualified from receiving compensation based on the individual’s incarcerated status.
(3)
The board shall screen the application
and accompanying documentation for completeness. If the board determines that an application is incomplete, it shall notify the claimant or the claimant’s lawfully authorized representative that the application is not complete in writing by certified mail no later than 30 calendar days following the screening of the application. The notification shall specify the additional documentation required to complete the application. If the application is incomplete, the claimant shall have 60 calendar days from the receipt of the notification to submit the required documentation. If the required documentation is not received within 60 calendar days, the application will be closed and the claimant shall submit a new application if the claimant seeks victim compensation pursuant to the program, to be reviewed without prejudice.
(4)
The board shall not consider an application or otherwise act on it until the board determines the application is complete
with all required documentation.
(5)
If a claimant receives an adverse claim decision, the claimant may file an appeal to the board no later than January 1, 2025. After receiving the appeal, the board shall again attempt to verify the claimant’s identity pursuant to paragraph (2) of subdivision (a) of Section 24211. If the claimant’s identity cannot be verified, then the claimant shall produce sufficient evidence to establish, by a preponderance of the evidence, that it is more likely than not that the claimant is a qualified recipient. This evidence may include, but is not limited to, documentation of the individual’s sterilization, sterilization recommendation, surgical consent forms, relevant court or institutional records, or a sworn statement by the survivor or another individual with personal knowledge of the sterilization. The board shall make a determination on the appeal within 30 days of the date of the appeal and notify the claimant
of the decision. A claimant who is successful in an appeal shall receive compensation in accordance with subdivision (b).
(6)
The board shall do an additional review of previously denied claims or appeals upon request by the claimant with a showing of good cause. A court ruling subsequent to the board’s denial on an issue forming a basis of the board’s denial is presumed to be good cause for an additional review. A claimant may request an additional review no later than January 1, 2025. A claimant who is found to be a qualified recipient pursuant to an additional review shall receive compensation in accordance with subdivision (b).
(b)
The board shall award victim compensation to a qualified recipient pursuant to the following payment schedule:
(1)
A claimant who is determined to be a qualified recipient by the board
shall receive an initial payment within 60 days of the board’s determination. This initial payment shall be calculated by dividing the funds described in subdivision (b) of Section 24212 for victim compensation payments by the anticipated number of qualified recipients who are expected to apply for compensation, as determined by the board, and then dividing that dollar amount in half.
(2)
The board shall send a final payment to each qualified recipient in the amount of twenty thousand dollars ($20,000).
(c)
The board shall conclude the program after exhaustion of all appeals arising from the denial of an individual’s application, but by no later than January 1, 2026.
(d)
On or before January 1, 2025, the board shall report to the Joint Legislative Budget Committee on the outcome of the study conducted pursuant to
paragraph (28) of subdivision (e) of Section 19.57 of the Budget Act of 2021.
(1)
The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2029, pursuant to Section 10231.5 of the Government Code.
(2)
A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

Legislative History

Amended by Stats. 2024, Ch. 997, Sec. 14. (AB 179) Effective September 30, 2024. Inoperative July 1, 2026, pursuant to Section 24218. Repealed as of January 1, 2027, pursuant to Section 24218.