To be considered as a contributor to the new federal "redress/restitution" proposal call: 202-440-9700. Below is a demonstration proposal of state restitution feasibility for injuries to "the qualified" based on public policy harms. This proposal implements functions of the atonement model, and tort model to grant justice to the injured. Multiple experts have contributed to this DavenportLawLobbying.com writing.

    

A Complete Restitution and/or Victim's Compensation Proposal For Study Consideration by the Any State Task Force

Draft 4 last updated October 15, 2021 at 1138 eastern. To get assessment charts for harms, and injuries calculation DavenportLawLobbying.com. This proposal is copyrighted intellectual property of DavenportLawLobbying.com. All victims compensation awards were totaled using the Davenport Victim's Compensation Calculator. Toll free. 1-833-511-3311. Washington, DC Local. 202-440-9700.

START OF PROPOSAL

Proposed name: STATE NAME

AMERICAN DESCENDANTS OF SLAVERY, BLACK, AFRICAN AMERICAN & FREEDMEN VICTIMS COMPENSATION & VICTIMS SERVICES LAW

Proposed Summary: This act authorizes and appropriates funds for tort/compensatory victim's compensation and rehabilitative victim compensation for those injured by unfair state public policies (e.g. support of Human trafficking, thievery of citizens property, schemes to defraud American Descendants of Slavery, and multiple public policy harms) occurring today as evidenced by the Davenport Victim's Compensation Schedules. In addition this act creates (3) protected reservation for inhabitation by "the qualified." These reservations will be funded by the state of California for 10 years, with reconsideration by the state assembly afterward. Boarding schools in accordance with Dr. Roy Brooks' plan will be built and paid for by the state government at each reservation. Housing, commercial business, and all other typical community resources will be built, installed, or created at each reservation for the injured. Each reservation will be inhabited by 1/3 of the qualified. A housing swap, and relocation program is authorized to go into effect after the initial round of housing assignment occur. The facilities will be within 120 miles of federal military installments. The close proximity between the qualified victims reservation and the military base is to provide quick response and much needed protections against white terrorism, and police terrorism. This act acknowledges the state is the culpable party for atrocities, grave injustices, and other public policy harms existing today and in the past. This act will expand the pre-existing CA Victim Compensation Board to pay American Descendants of Slavery (class A), Blacks (class B), and African Americans (class C) punitive damages for injury as a result of the state's negligence, failure to stop criminal acts ongoing in the state such as human trafficking, failure to correct miseducation concerning human trafficking going on in the state, and failure to provide a fair process to arrest, jail, and put on trial law enforcement officers for the deaths of class A, class B, and class C victims. This act allows for max direct cash compensation checks to class A victims, and minimum direct cash compensation to class B and class C victims. In addition, to expanding pre-existing state victim compensation programs to allow for punitive claims against the state, this act authorized the Davenport formulas to be used to calculate minimum and maximum lump sum direct cash payments, installment payments, and all other rating schedules designating compensation.  equal to the injury tort amount calculated for each victim, payable up to one million dollars. This act caps the restitution awards, not including punitive payments via the  Victim Compensation Board, to no more than the dollar amount per qualified victim (see policy example). This act authorizes the ethnic identifier of a total of five victim classes of African descent, with special consideration for American Descendants of Slavery. Class D, and class E are authorized for special lineage specific services.The reservation plans, cost estimates, and funding schedules can be learned of in detail by contacting 1-833-511-3311. You can also learn whether this would be a rehabilitative, tort, compensatory, atonement, repair, remedy, reinvestment, reconstruction, reconciliation or. a hybrid of various past models for justice.   

Summary

This is a complete restitution proposal for study by any restitution task force in America. Although initially designed for the California AB 3121 Reparation Task Force led by Ms. Kamilah Moore, and Dr. Amos Brown to study, it has been since modified for all state task force. Please reach out to the Task Force for a copy of the initial reparations proposal. That proposal includes Kash Gaines' request for '40 Acres and a Tesla.'

This document is being offered at no cost to you. In some places you will find "California" mentioned. For those who want to edit this document for presentation to your local legislature be mindful of this: the legal terminology of the words within differs from average language. For consulting on your desires, and to ensure your policy stands against judicial scrutiny contact DavenportLawLobbying.com for consulting. 

 

We recommend you replace the words "California" in this document, with your state by using the "CTRL +F" function which is typical in word processing utilities. Again, this is not the initial proposal sent to the task force. Again, this is a no cost to you resource. We have paid the cost of time, labor, and opportunity cost to provide this for the general public.

 

Our desire as the leading specialist in African American victim's compensation is to steer conversation about legality of judicial capacities and legality of political capacities correctly. Many can not clearly explain the difference. To that end, we know there are other less impactful errs in thought regarding legality of restitution. Irrespective of that, there is a warrant for our public service because we estimate millions of victims and victims-survivors in California have a basis for being compensated by the state treasury. To learn more about the paths available to you (for justice) , and to get strategic oversight of your path traveled contact state 1-833-511-3311.

 

Most important, this is a proposal for redress/restitutions and not reparations. Reparations has a specific legal definition not applicable to the states (e.g., Maine, New Hampshire, Georgia.) The proper legal term for what making amends to residents and citizens within the jurisdiction is victim's compensation or restitution.

[ Part 2]

The Case for Restitution to "The Qualified" in California 

by DavenportLawLobbying.com

The case for restitution in California is not based on slavery, henceforth referred to as human trafficking. This proposal comprehends that on average the general public are not privy to the nuances between restitution, and reparations. 

 

In addition, our policies focus on injury today, and although injuries of ancestors under unfair public policies is a matter of importance, we do not support paying claimants for injuries of their ancestors. We do have a "standing in their shoes" solution as a middle ground.  

So what is the victims compensation or restitution for? Great questions. Sit back, get a drink, and read. We will tell you enough to convince you that you don't know enough to get the victims the justice they want. In the end, we hope you decide to go have fun living your life, and hire us as the experts to get this done right. 

So who else agrees with our logic. Rarely no one. Why? Well many simply do not know enough. Our strategic communications firm leads the way in restitution or victim's compensation task force consulting around the nation.  We demonstrate access  to the best ideas and best implementation plans. In addition, we represent families who have brought material claims against the Republic of California, and other states, and the federal government. We help these families, strategize to get the estimates we have calculated for them.

Sometimes family will take the court route, sometimes they will go through state assemblies, or Congress, sometimes those who want max compensation take all routes. We ensure our proposals are written to allow the injured to maximize the benefits without loop holes implemented by our competitors. They want to save the government money, and that means they want to cut your claims short. We want maximum repair, and we want the government to pay as much as is fair based on our calculations.

 

These claims can be settled by this act which expands the California Victim Compensation Board, and authorizes the creation of a electronic form so all three victim classes can apply and have their unique claims tallied for restitution payouts. 

[ Part 3]

Paying for This in California

 

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[ Part 4]

Cost to California

The number of qualified on our roles would warrant and appropriation of  $4,655,280,000,000.00 over the next fifty (50) years.

 

This is for an amount not to exceed $2,400,000.00 per injured victim.  

 

[ Part 5]

ADOS Mandatory Protected Class Status California

The people of California have demanded the class A victim group be protected. The objective of this clause is to will lead to higher arrest rates for law enforcement officer who continue to engage in criminal acts towards ADOS. The people of California are requesting a mandatory life sentence for law enforcement who kill ADOS.

 

In addition, the people of California are requesting the Department of Motor Vehicles provide  an option to ADOS restitution claimants for the mandatory protective class status code, which will be visible and clearly distinguishable at view of the restitution claimant's driver's license. 

[ Part 6]

Community Engagement Plan by CA-AAGRA

REDACTED

[ Part 7]

Sample View of What the Bill Could Look Like

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.  This act expands the victim's compensation board responsibilities to all classes of victims qualified herein. In addition, this act authorizes and appropriates funding for restitution. The victims compensation class victims are authorized to file for punitive damages. In addition, this assembly therefore enacts separate tort/compensatory restitution rights for the injured. Punitive victim's compensation board payouts, and tort/compensatory restitution is stackable. Furthermore, rehabilitative restitution rights are authorized for certain class of victims. 

 

SECTION 2.  This act caps the restitution payouts per injured party to; no greater than the sum of $2,400,000.00 per restitution claimant for mental health disabilities documented and observed by certified clinicians. The aforementioned amount can be paid out in lump sum, installments or a combination of both as determined by the Attorney General. A one million dollar jump start option is made available. The sum of four trillion six hundred and fifty billion two hundred eighty million dollars ($4,655,280,000) is hereby appropriated to pay for these restitution entitlements. There is no end date to restitution rights, or this restitution program.

 

Section 3: This act authorizes additional monies to be calculated by the California Assembly and budgeted to the California Victim Compensation Board for punitive claims by injured parties. In addition the following is authorized:

(A) CA-AAGRA is the official restitution clearinghouse for disbursing rehabilitative funding disbursement, and oversight to all community partners. CA-AAGRA will be funded appropriately to contract a software management system which allows for maximum community engagement, community organization grant application management, program continual education, and community concern management.

(B) FILING OF A TORT/COMPENSATORY RESTITUTION CLAIM.

(1) IN GENERAL.—A claimant may file a claim for compensation under this Act with the Attorney General. The claim shall be on the form developed by the state of California or Attorney General and shall state the factual basis for qualification.

(2) CLAIM FORM.—

(i) IN GENERAL.—The State of California or Attorney General shall develop a claim form that claimants shall use when submitting claims under this act. The Attorney General shall ensure that such form can be filed electronically, if determined to be practicable.

(ii) CONTENTS.—The form developed shall request—

(a) information from the claimant concerning the injury that the claimant suffered as a result of California public policy unfairness today, or in the case of a claim filed on behalf of a decedent, information confirming the decedent’s death, as a result of California public policy unfairness today (e.g. miseducation trauma, stolen property trauma, medical neglect trauma, housing discrimination trauma, mass incarceration trauma, unemployment discrimination trauma, ;

(ib) information from the claimant concerning any possible economic and noneconomic losses that the claimant suffered as a result of California public policy unfairness or that was caused by the death of the decedent from California public policy unfairness; and

(ic) information regarding collateral sources of compensation the claimant has received or is entitled to receive as a result of California public policy unfairness.

(iii) TORT/COMPENSATORY RESTITUTION. —The form developed shall have options for all victims to identify they have been injured as a result of these traumas—

(a) miseducation trauma,

(b) stolen property trauma,

(c) medical neglect trauma,

 

(d) housing discrimination trauma,

 

(e) mass incarceration trauma,

(f) unemployment discrimination trauma

 

(g) stolen inheritance trauma

 

(h) police terrorism trauma

(i) watts riots or other California race related riots

(j) police genocide trauma

(iv) TORT/COMPENSATORY RESTITUTION PACKAGES. —The form developed shall have selective option packages for all victims who are applying tort/compensatory restitution  packages for victims compensation ( each victim can claim one option) —

(a) Option 1 - $2.4 million direct cash compensation, and protective class status 

(b) Option 2 - 40 acres ($75k value) and a Tesla ($37, 990 - $99, 990 value), protective class status and the remaining balance in direct cash compensation 

(c) Option 340 acres ($75k value) and a Tesla ($37, 990 - $99, 990 value), home purchasing (up to $1,000,000 in value), protective class status and the remaining balance in direct cash compensation 

(v) RECONCILIATION REDRESS ENTITLEMENTS. —The form developed shall have options for "the qualified" to choose entry in one of the following entitlement programs —

(a) Education - establishes the following program(s):

 - Free education at all California University systems.

Note: This would go into effect upon signing of the law. This would be in perpetuity for all descendants (No fixed end date.) 

(b) Farm Land - establishes the following program(s):

 - Freedman farm land ownership lottery program lottery.

Note: This would allow for 100,000 acres of California land to be won in lottery competition by American Descendants of Slavery restitution claimants who want to establish farming businesses. No experience is need to apply for the program. 

(c) Marijuana Farming Co-op for American Descendants of Slavery - establishes the following program(s):

 - Marijuana Farming Circle program.

Note: This would be another lottery program allowing up to 100,000 acres of California land to be farmed by families who have a marijuana interest. All equipment, and facilities to operate the farm will be paid for by the state. The 1,000,000 American Descendants of Slavery family winners of the lottery, will have guaranteed buy contracts with 40% of all licensed medical marijuana distributors and 40% of all licensed recreational marijuana distributors. 

(d) Additional (7) State Assembly At-Large Restitution Legislation Seats for American Descendants of Slavery:

 - (7) State Assembly At-Large Restitution Legislation Seats

Note: This would allow for additional representatives to join the traditionally treacherous and criminal legislator to be single focused on create a more just and equitably California for descendants of human trafficking in USA, and descendants of human trafficking elsewhere. All 7 terms would up for re-election in the odd years. There will not be a staggering of terms. This also allows for future leadership of general public benefiting peace and reconciliation legislation. 

(v) REHABILITATIVE RESTITUTION INJURY CLAIM. —The form developed shall have options for all claimants to identify their communal injuries. The options on the form shall be 

(a) communal trauma wound 

(b) other; please explain


(vi) REHABILITATIVE RESTITUTION PACKAGES.  —The form developed shall have cumulative option packages for all claimants who are applying for rehabilitative restitution packages. The options on the form shall be 


(a) New driver's license options for victims. The California driver's license shall include be equipped with an American Descendants of Slavery (ADOS) seal to designate protective class status 


(b) Co-op ownership of 12 percent of California marijuana industry profits for next 50 years through the state restitution clearinghouse CA-AAGRA
 

(c) California paid dental insurance 
 

(d) California paid medical insurance 
 

(e) New California law enforcement department tasked with special American Descendants of Slavery (ADOS) protection duties 

(f) 400 acres freedman land site 

(g) Legal rights to build and operate Casinos on 400 acres Freedman land

(h) State credit system enrollment with 850 reset

(j) Land lottery

(j) State funded building, business, schooling and housing initiatives. 0% interest loans for all principal loan holders approved to build on Freedmen land. 

(ivii) OPTIONS FOR PUNITIVE DAMAGES CLAIMS. —The form developed shall have options for claimants to request punitive damages for tangible and non-tangible loss, and injury. The options on the electronic form shall be 

(a) Yes

(b) No

(viii) AMERICAN DESCENDANT OF SLAVERY (ADOS) QUALIFICATIONS. —The form developed shall have options for all California claimants to submit qualifying documentation. The proof of qualification options on the electronic form shall be 

(a) upload proof of lineage tracing (e.g., family tree, ancestry records, news paper clips, US census reports, US Congress reports, narratives, museum memorabilia or artifacts, documentation) showing you had a relative human trafficked in California between the founding of California date and present

(b) upload proof of ID (e.g., driver's license or state ID)

(c) notarized letter from claimant to California Attorney General declaring claimant's origin and ethnicity 

Note: All three are mandated entries for qualification for this California qualification as an descendant of California human trafficking.

(ix) BLACK QUALIFICATIONS. —The form developed shall have options for all California claimants to submit qualifying documentation. The proof of qualification options on the electronic form shall be 

(a) upload proof of lineage tracing (e.g., family tree, ancestry records, news paper clips, US census reports, US Congress reports, narratives, museum memorabilia or artifacts, documentation) showing you had a relative human trafficked in California between the founding of California date and present

(b) upload proof of ID (e.g., driver's license or state ID)

(c) notarized letter from claimant to California Attorney General declaring claimant's origin and ethnicity 

Note: All three are mandated entries for qualification for this California qualification as an descendant of California human trafficking.

(x) AFRICAN AMERICAN QUALIFICATIONS. —The form developed shall have options for all California claimants to submit qualifying documentation. The proof of qualification options on the electronic form shall be 

(a) upload proof of lineage tracing (e.g., family tree, ancestry records, news paper clips, US census reports, US Congress reports, narratives, museum memorabilia or artifacts, documentation) showing you had a relative human trafficked in California between the founding of California date and present

(b) upload proof of ID (e.g., driver's license or state ID)

(c) notarized letter from claimant to California Attorney General declaring claimant's origin and ethnicity 

Note: All three are mandated entries for qualification for this California qualification as an descendant of California human trafficking.

(xi) NATIVE AMERICAN AND NATIVE AFRICAN IMMIGRANT APPLICATION PROCEDURES. — The form developed shall be designed to ensure all individuals who identify as Indigenous, Native American, Indian, or Immigrant can apply for consideration of special services.  The options for the special services shall be:

(a) Indigenous

(b) Native American

(c) Indian

(xii) SERVICES. — The form developed shall be designed to ensure all community groups registered with the CA-AAGRA can offer direct services to all eligible applicants.  The options shall be:

(a) register with CA-AAGRA

(b) do not register with CA-AAGRA

(3) LIMITATION.—No claim may be filed after the date that is 2 years after the end of the eligibility period.

(4) RESIDENCY REQUIREMENT. — ADOS, Blacks, and African Americans who qualify, and who have been California residents maintaining full residency in California for a minimum number of 5 years.

(5) MILITARY RESIDENCY REQUIREMENT. ADOS, Blacks, and African Americans who qualify, and who have been stationed in California a minimum of 90 days before the eligibility period expires will meet the residency requirement.  

(6) ELIGIBILITY PERIOD.— Claims must be filed before the expiration of the 6 months after the Governor signs this act into law.

SECTION 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to redress claims against the state and end hardship to the qualified claimants as quickly as possible, it is necessary that this act take effect immediately.

SECTION 4. The people of the California Republic acknowledges our public policy harms which led to preventable injury to millions of the qualified claimants who have settled in California or entered California and became residents expecting fair and equal treatment under law. The people of the California Republic do apologize for these embarrassing and shameful acts or the farthest wrongdoing imaginable, and thus declare we are committed to the full repair of individuals and communities. We emphasize the need for both, in lieu of either or reconciliation acts. Our goal is full repair of all the qualified and all the qualified's communities in the State of California. This is a settlement. 

[ Part 8]

Mathematical Calculations

REDACTED

[ Part 8]

California Budget Overview

REDACTED

[ Part 9]

Legal Guidance to Reduce Likelihood of Court Appeal 

REDACTED

[ Part 10]

SAFETY CONCERNS AND RISK MITIGATION: Public Stories and Testimonies of Highly Volatile, and Dangerous Community Interactions Between Various Victim Class Groups and Mitigation Plan

REDACTED

[ Part 11]

Immigrant Restitution Claim Analysis

REDACTED

[ Part 12]

Commercial Restitution Award Estimate Methodology

REDACTED

END OF PROPOSAL

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