Cal. Code Regs. tit. 2 § 649.32.1

Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 649.32.1 - Income or Support Loss Resulting from the Deprivation of Liberty
(a) Notwithstanding Section 649.32 of this article, a victim of human trafficking pursuant to Government Code section 13957.5, subdivision (a)(5) may be compensated for loss of income or support directly resulting from the deprivation of liberty during the qualifying crime.
(b) Acceptable evidence of income or support loss for victims under this section shall include reliable, corroborating information, including, but not limited to:
(1) A statement under penalty of perjury from the applicant, a human trafficking caseworker as defined in Evidence Code section 1038.2, a licensed attorney, or a witness to the circumstances of the qualifying crime; or
(2) a Law Enforcement Agency Endorsement issued pursuant to Penal Code section 236.2; or
(3) a certification or eligibility letter from a government agency for a special visa as a refugee due to human trafficking or other government benefits as a result of human trafficking; or
(4) an approval notice from the United States Citizenship and Immigration Services for an Application for T Nonimmigrant Status.
(c) The acceptable evidence must demonstrate the dates on which the acts of trafficking commenced and ended, the approximate number of hours per week that acts of trafficking were performed, and whether reimbursement was or will be received from any other sources.
(d) For purposes of Government Code section 13957.5, subdivision (a)(5), the value of the victim's labor as guaranteed under California law is determined by the minimum wage in effect at the time of the trafficking, as set forth in Labor Code section 1182.12, subdivision (a).

Cal. Code Regs. Tit. 2, § 649.32.1

1. New section filed 6-30-2020; operative 7-1-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 27).

Note: Authority cited: Section 13920, Government Code. Reference: Section 13957.5, Government Code.

1. New section filed 6-30-2020; operative 7/1/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 27).