1. (a) The CalVCB shall accept an application or a petition for relief to file a late application from a person who has been convicted of a violent felony or is required to register as a sex offender in the same manner as other applicants. The CalVCB shall not refuse to accept an application because the applicant is presently incarcerated, because the applicant is required to register as a sex offender, or has been convicted of a violent felony and has not been discharged from probation or released from a correctional institution and discharged from parole, or because the applicant has not been released from a county jail or county prison and discharged from post-release community supervision.

   1. (2) The CalVCB shall grant assistance to a person otherwise eligible for assistance who has been convicted of a violent felony to compensate for pecuniary loss sustained as a result of victimization when the loss was incurred after discharge from probation, parole, or post-release community supervision.
   2. (3) The pecuniary loss for which reimbursement is barred because it was sustained after the person was required to register as a sex offender or had been convicted of a violent felony and before the person was discharged from probation, released from a correctional institution and discharged from parole, or released from a county jail or county prison and discharged from post-release community supervision will not become reimbursable if the person is no longer required to register as a sex offender or upon the person's discharge from probation or release from a correctional institution and discharge from parole.

   (b)(1) The CalVCB shall not grant assistance to a person who has been convicted of a violent felony committed on or after January 1, 1989, when the assistance is to compensate for pecuniary loss sustained after the person was convicted of the violent felony and before the person is discharged from probation, has been released from a correctional facility and is discharged from parole, or has been released from a county jail or county prison and discharged from post-release community supervision, if any.

2. (c) As used in this section, “parole” includes “supervised release.”

Note: Authority cited: Section 13974, Government Code. Reference: Sections 13951 and 13956, Government Code.

History

1. Change without regulatory effect renumbering former section 649.72 to section 649.4, including amendment of Note, filed 12-6-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 49). For prior history of section 649.4, see Register 99, No. 12.

2. Amendment of subsections (a)-(b)(2) filed 6-12-2009; operative 7-12-2009 (Register 2009, No. 24).

3. Amendment filed 8-12-2014; operative 10-1-2014 (Register 2014, No. 33).

4. Amendment filed 10-3-2016; operative 1-1-2017 (Register 2016, No. 41).