Chapter 1.6Forced or Involuntary Sterilization Compensation Program
Section § 24210
This law establishes the Forced or Involuntary Sterilization Compensation Program, managed by the California Victim Compensation Board. It aims to compensate individuals who were victims of forced sterilization under specific circumstances in California.
Eligible persons include those sterilized under eugenics laws from 1909 to 1979 in state facilities listed in the statute, or those in prison who underwent sterilization after 1979 without valid medical necessity or informed consent.
Section § 24211
The law outlines the responsibilities of a board in implementing a program to compensate victims of sterilization performed under eugenics laws or coercive circumstances. The board must reach out to potential claimants, verify applications using historical records, and consult with various organizations to confirm identities. They are not allowed to deny compensation to verified claimants. The application form should include sections for voluntary demographic information.
The board is also tasked with identifying coercively sterilized individuals in prisons after 1979. For qualified individuals who haven't applied, the board must notify them of their eligibility for compensation, using culturally appropriate methods and providing access to counseling.
The board must also handle the appeal process and submit annual reports to the legislature detailing application numbers, denial rates, and demographic data, while ensuring claimant confidentiality. The entire process, including outreach and claims processing, should begin within six months of the program start date.
Section § 24212
This section outlines the conditions for implementing a chapter related to compensation for forced or involuntary sterilization. It states that the chapter will only become active when the Legislature allocates money for it. Once funded, relevant agencies must notify the public on their websites about the program's start date.
The law also establishes a special account called the Forced or Involuntary Sterilization Compensation Account within the State Treasury. This account is managed by the California Victim Compensation Board. Funds for this chapter will be deposited here and used to implement the program, including reimbursing any state department for costs related to the program.
Section § 24213
This law outlines the process for individuals to apply for victim compensation. Applicants must submit their applications within a specific timeframe, starting six months after the program begins and no later than two years and six months after its start. Incarcerated individuals can apply without exhausting other remedies first. If applications are incomplete, applicants are notified and given 60 days to provide missing information.
Adverse decisions can be appealed, and unsuccessful claims can be reviewed again if new evidence emerges or if a court ruling changes the basis of the denial. Qualified recipients receive compensation payments according to a set schedule, which includes an initial payment and a final payment of $20,000. The program concludes after all appeals are exhausted, or by January 1, 2026, whichever comes first. A report on the program's outcomes is due to the legislative committee by January 1, 2025, and must comply with specific reporting requirements.
Section § 24214
This law allows someone who qualifies for victim compensation to assign that compensation to a trust for their own benefit. When applying for this compensation, they can also name a beneficiary to receive it if they pass away before receiving the funds. If no beneficiary is named, the compensation stays with the board for other uses specified by law. Additionally, a legally authorized representative can apply for the compensation on behalf of a qualified individual.
Section § 24215
This law requires three California state departments to work with stakeholders, including victims and advocates, to create markers or plaques. These will recognize and apologize for the wrongful sterilization of vulnerable individuals under the state's past eugenics policies and unauthorized sterilizations in women's prisons.
Section § 24216
This law requires that any records related to a person's application for victim compensation, including their name and demographic details, must be kept confidential by the board. The board is not allowed to share these details with the public. However, sharing data that is grouped together in aggregate or as part of an annual report is permitted and does not break this rule.
Section § 24217
This law states that payments made to a qualified recipient under this program aren't counted as taxable income or as part of your resources when figuring out if you qualify for certain benefits. It won't affect your state or local benefits eligibility, federal public benefits as outlined in a specific federal act, or community property rights. Also, these payments cannot be taken to satisfy money judgments, including those from the State Department of Health Care Services unless there's a federal requirement to do so. After a recipient's death, the state cannot recover these payments for certain Medicaid expenses, and these payments aren't subject to claims under a specific part of the tax code. Finally, they cannot be used to collect owed child support or court-ordered fines, fees, or restitution.
Section § 24218
This law section will stop being active on July 1, 2026, and will be officially canceled on January 1, 2027.