BILL NUMBER: AB 2051 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 19, 2006
AMENDED IN ASSEMBLY MAY 26, 2006
AMENDED IN ASSEMBLY APRIL 19, 2006
INTRODUCED BY Assembly Member Cohn
(Coauthors: Assembly Members Koretz and Laird)
FEBRUARY 15, 2006
An act to amend Sections 298, 298.5, and 358 of the Family
Code, to amend Section 124250 of the Health and Safety Code, and
to amend Sections 13519, 13823.15, and 13823.16 of , and to add
Section 13823.17 to, the Penal Code, relating to domestic
violence , and making an appropriation therefor .
LEGISLATIVE COUNSEL'S DIGEST
AB 2051, as amended, Cohn Domestic violence.
Existing law requires the Secretary of State to establish fees for
the costs of processing forms for registering domestic partnerships.
This bill would establish a fee of $23 to be imposed upon persons
registering as domestic partners to develop and support a training
curriculum specific to lesbian, gay, bisexual, and transgender
domestic abuse, support service providers who serve that community in
regard to domestic violence, and to provide brochures specific to
lesbian, gay, bisexual, and transgender domestic abuse, as specified.
The bill would establish the Equality in Prevention and Services
for Domestic Abuse Fund, a continuously appropriated fund, for the
deposit and use of those fees.
Existing law requires the Secretary of State to return a copy of
the certificate of registration to registered domestic partners.
This bill would also require a brochure specific to lesbian, gay,
bisexual, and transgender domestic abuse accompany the copy of the
certificate to certain domestic partner registrants, as specified.
Existing law requires the State Department of Health Services to
administer a program of grants to support battered women's shelters.
Existing law also establishes a council to advise the department for
those purposes.
This bill would revise the grant program to include the lesbian,
gay, bisexual, and transgender community for certain purposes of the
grant program. The bill would also require membership on the council
by representatives of the lesbian, gay, bisexual and transgender
community.
Existing law requires specified training for law enforcement
officers in regard to domestic violence.
This bill would additionally require in that training program,
training in domestic violence regarding the lesbian, gay, bisexual
and transgender community.
Existing law requires the Office of Emergency Services to conduct
statewide training workshops on domestic violence for local centers,
law enforcement, and other service providers designed to enhance
service programs. Existing law also requires that office to develop
and disseminate throughout the state information and materials
concerning domestic violence. Existing law also establishes a council
to advise the office for these purposes.
This bill would require the training workshops to also include a
curriculum component specific to lesbian, gay, bisexual, and
transgender domestic abuse. The bill would also require membership on
the council by at least one representative of the lesbian, gay,
bisexual and transgender community.
Existing law establishes a grant program administered by the
Office of Emergency Services for specified service providers relative
to domestic violence.
This bill would establish a similar grant program administered by
that and funded by the Equality in Domestic Abuse Prevention and
Services Fund for grants to serve the lesbian, gay, bisexual, and
transgender community relative to domestic abuse, as specified.
Vote: majority. Appropriation: no yes
. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be
cited as the "Equality in Prevention and Services for Domestic Abuse
Act."
SEC. 2. Section 298 of the Family Code
is amended to read:
298. (a) The Secretary of State shall prepare forms entitled
"Declaration of Domestic Partnership" and "Notice of Termination of
Domestic Partnership" to meet the requirements of this division.
These forms shall require the signature and seal of an acknowledgment
by a notary public to be binding and valid.
(b) (1) The Secretary of State shall distribute these forms to
each county clerk. These forms shall be available to the public at
the office of the Secretary of State and each county clerk.
(2) The Secretary of State shall, by regulation, establish fees
for the actual costs of processing each of these forms, and the cost
for preparing and sending the mailings and notices required pursuant
to Section 299.3, and shall charge these fees to persons filing the
forms.
(3) There is hereby established a fee of twenty-three dollars
($23) to be charged to persons filing domestic partner registrations
pursuant to Section 297 for development and support of a lesbian,
gay, bisexual, and transgender curriculum for training workshops on
domestic violence, conducted pursuant to Section 13823.15 of the
Penal Code, and for the support of a mini-grant program to promote
healthy nonviolent relationships in the lesbian, gay, bisexual, and
transgender community.
(4) The fee established by paragraph (3) shall be deposited in the
Equality in Prevention and Services for Domestic Abuse Fund, which
is hereby established. Notwithstanding Section 13340 of the
Government Code, the fund is continuously appropriated, and
administered by the Office of Emergency Services, and expenditures
from the fund shall be used to support the purposes of paragraph (3).
(c) The Declaration of Domestic Partnership shall require each
person who wants to become a domestic partner to (1) state that he or
she meets the requirements of Section 297 at the time the form is
signed, (2) provide a mailing address, (3) state that he or she
consents to the jurisdiction of the Superior Courts of California for
the purpose of a proceeding to obtain a judgment of dissolution or
nullity of the domestic partnership or for legal separation of
partners in the domestic partnership, or for any other proceeding
related to the partners' rights and obligations, even if one or both
partners ceases to be a resident of, or to maintain a domicile in,
this state, (4) sign the form with a declaration that representations
made therein are true, correct, and contain no material omissions of
fact to the best knowledge and belief of the applicant, and (5) have
a notary public acknowledge his or her signature. Both partners'
signatures shall be affixed to one Declaration of Domestic
Partnership form, which form shall then be transmitted to the
Secretary of State according to the instructions provided on the
form. Filing an intentionally and materially false Declaration of
Domestic Partnership shall be punishable as a misdemeanor.
SEC. 3. Section 298.5 of the Family
Code is amended to read:
298.5. (a) Two persons desiring to become domestic partners may
complete and file a Declaration of Domestic Partnership with the
Secretary of State.
(b) The Secretary of State shall register the Declaration of
Domestic Partnership in a registry for those partnerships, and shall
return a copy of the registered form and a Certificate of Registered
Domestic Partnership , and, for those domestic partners who
qualify pursuant to subparagraph (A) of paragraph (5) of subdivision
(b) of Section 297, a lesbian, gay, bisexual, and transgender
specific domestic abuse brochure, to the domestic partners at
the mailing address provided by the domestic partners. The
lesbian, gay, bisexual, and transgender specific domestic abuse
brochure shall be printed and distributed by the Secretary of State
as funding allows. For those domestic partners who qualify pursuant
to subparagraph (A) of paragraph (5) of subdivision (b), the
Secretary of State shall return a copy of the registered form, a
Certificate of Registered Domestic Partnership, and a copy of the
brochure that is made available to county clerks by the State
Department of Health Services pursuant to Section 358.
(c) No person who has filed a Declaration of Domestic Partnership
may file a new Declaration of Domestic Partnership or enter a civil
marriage with someone other than their registered domestic partner
unless the most recent domestic partnership has been terminated or a
final judgment of dissolution or nullity of the most recent domestic
partnership has been entered. This prohibition does not apply if the
previous domestic partnership ended because one of the partners died.
SEC. 4. Section 358 of the Family Code
is amended to read:
358. (a) The State Department of Health Services shall prepare
and publish a brochure which shall contain the following:
(1) Information concerning the possibilities of genetic defects
and diseases and contain a listing of centers available for the
testing and treatment of genetic defects and diseases.
(2) Information concerning acquired immune deficiency syndrome
(AIDS) and the availability of testing for antibodies to the probable
causative agent of AIDS.
(3) Information concerning domestic violence, including resources
available to victims and a statement that physical, emotional,
psychological, and sexual abuse, and assault and battery, are against
the law.
(b) The State Department of Health Services shall make the
brochures available to county clerks who shall distribute a copy of
the brochure to each applicant for a marriage license, including
applicants for a confidential marriage license and notary publics
receiving a confidential marriage license pursuant to Section 503.
The department shall also make the brochure available to the
Secretary of State who shall distribute a copy of the brochure to
persons who qualify as domestic partners pursuant to subparagraph (A)
of paragraph (5) of subdivision (b) of Section 297.
(c) Each notary public authorizing a confidential marriage under
Section 503 shall distribute a copy of the brochure to the applicants
for a confidential marriage license.
(d) To the extent possible, the State Department of Health
Services shall seek to combine in a single brochure all statutorily
required information for marriage license applicants.
SECTION 1. SEC. 5. Section 124250 of
the Health and Safety Code is amended to read:
124250. (a) The following definitions shall apply for purposes of
this section:
(1) "Domestic violence" means the infliction or threat of physical
harm against past or present adult or adolescent female intimate
partners, and shall include physical, sexual, and psychological abuse
against the woman, and is a part of a pattern of assaultive,
coercive, and controlling behaviors directed at achieving compliance
from or control over, that woman.
(2) "Shelter-based" means an established system of services where
battered women and their children may be provided safe or
confidential emergency housing on a 24-hour basis, including, but not
limited to, hotel or motel arrangements, haven, and safe houses.
(3) "Emergency shelter" means a confidential or safe location that
provides emergency housing on a 24-hour basis for battered women and
their children.
(b) The Maternal and Child Health Branch of the State Department
of Health Services shall administer a comprehensive shelter-based
services grant program to battered women's shelters pursuant to this
section.
(c) The Maternal and Child Health Branch shall administer grants,
awarded as the result of a request for application process, to
battered women's shelters that propose to maintain shelters or
services previously granted funding pursuant to this section, to
expand existing services or create new services, and to establish new
battered women's shelters to provide services, in any of the
following four areas:
(1) Emergency shelter to women and their children escaping violent
family situations.
(2) Transitional housing programs to help women and their children
find housing and jobs so that they are not forced to choose between
returning to a violent relationship or becoming homeless. The
programs may offer up to 18 months of housing, case management, job
training and placement, counseling, support groups, and classes in
parenting and family budgeting.
(3) Legal and other types of advocacy and representation to help
women and their children pursue the appropriate legal options.
(4) Other support services for battered women and their children.
(d) (1) The Maternal and Child Health Branch of the State
Department of Health Services shall conduct a minimum of one site
visit per grant term to each agency funded to provide shelter-based
services to battered women and their children. The purpose of the
site visit shall be a performance assessment of, and technical
assistance for, each agency visited. The performance assessment shall
include, but need not be limited to, a review of all of the
following:
(A) Progress in meeting program goals and objectives.
(B) Agency organization and facilities.
(C) Personnel policies, files, and training.
(D) Recordkeeping, budgeting, and expenditures.
(E) Documentation, data collection, and client confidentiality.
(2) Subsequent to each site visit conducted under paragraph (1),
the Maternal and Child Health Branch shall provide a written report
to the agency summarizing the agency's performance, any deficiencies
noted, and any corrective action needed.
(3) Where an agency receives funding from both the Maternal and
Child Health Branch of the State Department of Health Services and
the Domestic Violence Branch of the Office of Criminal Justice
Planning during any grant cycle, the Maternal and Child Health Branch
and the Domestic Violence Branch shall, to the extent feasible,
coordinate agency site visits and share performance assessment data
with the goal of improving efficiency, eliminating duplication, and
reducing administrative costs.
(e) In implementing the grant program pursuant to this section,
the State Department of Health Services shall consult with an
advisory council that shall remain in existence until January 1,
2010. The council shall be composed of not to exceed 13 voting
members and two nonvoting members appointed as follows:
(1) Seven members appointed by the Governor.
(2) Three members appointed by the Speaker of the Assembly.
(3) Three members appointed by the Senate Committee on Rules.
(4) Two nonvoting ex officio members who shall be Members of the
Legislature, one appointed by the Speaker of the Assembly and one
appointed by the Senate Committee on Rules. Any Member of the
Legislature appointed to the council shall meet with, and participate
in the activities of, the council to the extent that participation
is not incompatible with his or her position as a Member of the
Legislature.
The membership of the council shall consist of domestic violence
advocates, battered women service providers, and representatives of
women's organizations, law enforcement, and other groups involved
with domestic violence, and at least one representative of service
providers serving the lesbian, gay, bisexual, and transgender
community for purposes of domestic violence. At least one-half of the
council membership shall consist of domestic violence advocates or
battered women service providers from organizations such as the
California Alliance Against Partnership to
End Domestic Violence.
It is the intent of the Legislature that the council membership
reflect the ethnic, racial, cultural, and geographic diversity of the
state.
(f) The department shall collaborate closely with the council in
the development of funding priorities, the framing of the Request for
Proposals, and the solicitation of proposals.
(g) (1) The Maternal and Child Health Branch of the State
Department of Health Services shall administer grants, awarded as the
result of a request for application process, to agencies to conduct
demonstration projects to serve battered women and their children,
including, but not limited to, creative and innovative service
approaches, such as community response teams and pilot projects to
develop new interventions emphasizing prevention and education, and
other support projects identified by the advisory council.
(2) For purposes of this subdivision, "agency" means a state
agency, a local government, a community-based organization, or a
nonprofit organization.
(h) It is the intent of the Legislature that services funded by
this program include services for battered women in underserved
communities, including the lesbian, gay, bisexual, and transgender
community, and ethnic and racial communities. Therefore, the Maternal
and Child Health Branch of the State Department of Health Services
shall do all of the following:
(1) Fund shelters pursuant to this section that reflect the
ethnic, racial, economic, cultural, and geographic diversity of the
state.
(2) Target geographic areas and ethnic and racial communities of
the state whereby, based on a needs assessment, it is determined that
no shelter-based services for battered women exist or that
additional resources are necessary.
(i) The director may award additional grants to shelter-based
agencies when it is determined that there exists a critical need for
shelter or shelter-based services.
(j) As a condition of receiving funding pursuant to this section,
battered women's shelters shall do all of the following:
(1) Provide matching funds or in-kind contributions equivalent to
not less than 20 percent of the grant they would receive. The
matching funds or in-kind contributions may come from other
governmental or private sources.
(2) Ensure that appropriate staff and volunteers having client
contact meet the definition of "domestic violence counselor" as
specified in subdivision (a) of Section 1037.1 of the Evidence Code.
The minimum training specified in paragraph (2) of subdivision (a) of
Section 1037.1 of the Evidence Code shall be provided to those staff
and volunteers who do not meet the requirements of paragraph (1) of
subdivision (a) of Section 1037.1 of the Evidence Code.
SEC. 2. SEC. 6. Section 13519 of the
Penal Code is amended to read:
13519. (a) The commission shall implement by January 1, 1986, a
course or courses of instruction for the training of law enforcement
officers in California in the handling of domestic violence
complaints and also shall develop guidelines for law enforcement
response to domestic violence. The course or courses of instruction
and the guidelines shall stress enforcement of criminal laws in
domestic violence situations, availability of civil remedies and
community resources, and protection of the victim. Where appropriate,
the training presenters shall include domestic violence experts with
expertise in the delivery of direct services to victims of domestic
violence, including utilizing the staff of shelters for battered
women in the presentation of training.
(b) As used in this section, "law enforcement officer" means any
officer or employee of a local police department or sheriff's office,
any peace officer of the Department of Parks and Recreation, as
defined in subdivision (f) of Section 830.2, any peace officer of the
University of California Police Department, as defined in
subdivision (b) of Section 830.2, any peace officer of the California
State University Police Departments, as defined in subdivision (c)
of Section 830.2, a peace officer, as defined in subdivision (d) of
Section 830.31, or a peace officer as defined in subdivisions (a) and
(b) of Section 830.32.
(c) The course of basic training for law enforcement officers
shall, no later than January 1, 1986, include adequate instruction in
the procedures and techniques described below:
(1) The provisions set forth in Title 5 (commencing with Section
13700) relating to response, enforcement of court orders, and data
collection.
(2) The legal duties imposed on police officers to make arrests
and offer protection and assistance including guidelines for making
felony and misdemeanor arrests.
(3) Techniques for handling incidents of domestic violence that
minimize the likelihood of injury to the officer and that promote the
safety of the victim.
(4) The nature and extent of domestic violence, including domestic
violence in the lesbian, gay, bisexual, and transgender community.
(5) The signs of domestic violence.
(6) The legal rights of, and remedies available to, victims of
domestic violence.
(7) The use of an arrest by a private person in a domestic
violence situation.
(8) Documentation, report writing, and evidence collection.
(9) Domestic violence diversion as provided in Chapter 2.6
(commencing with Section 1000.6) of Title 6 of Part 2.
(10) Tenancy issues and domestic violence.
(11) The impact on children of law enforcement intervention in
domestic violence.
(12) The services and facilities available to victims and
batterers.
(13) The use and applications of this code in domestic violence
situations.
(14) Verification and enforcement of temporary restraining orders
when (A) the suspect is present and (B) the suspect has fled.
(15) Verification and enforcement of stay-away orders.
(16) Cite and release policies.
(17) Emergency assistance to victims and how to assist victims in
pursuing criminal justice options.
(d) The guidelines developed by the commission shall also
incorporate the foregoing factors.
(e) (1) All law enforcement officers who have received their basic
training before January 1, 1986, shall participate in supplementary
training on domestic violence subjects, as prescribed and certified
by the commission.
(2) Except as provided in paragraph (3), the training specified in
paragraph (1) shall be completed no later than January 1, 1989.
(3) (A) The training for peace officers of the Department of Parks
and Recreation, as defined in subdivision (g) of Section 830.2,
shall be completed no later than January 1, 1992.
(B) The training for peace officers of the University of
California Police Department and the California State University
Police Departments, as defined in Section 830.2, shall be completed
no later than January 1, 1993.
(C) The training for peace officers employed by a housing
authority, as defined in subdivision (d) of Section 830.31, shall be
completed no later than January 1, 1995.
(4) Local law enforcement agencies are encouraged to include, as a
part of their advanced officer training program, periodic updates
and training on domestic violence. The commission shall assist where
possible.
(f) (1) The course of instruction, the learning and performance
objectives, the standards for the training, and the guidelines shall
be developed by the commission in consultation with appropriate
groups and individuals having an interest and expertise in the field
of domestic violence, including lesbian, gay, bisexual, and
transgender domestic violence. The groups and individuals shall
include, but shall not be limited to, the following: one
representative each from the California Peace Officers' Association,
the Peace Officers' Research Association of California, the State Bar
of California, the California Women Lawyers' Association, and the
State Commission on the Status of Women; two representatives from the
commission; two representatives from the California
Alliance Against Partnership to End Domestic
Violence; two peace officers, recommended by the commission, who are
experienced in the provision of domestic violence training; and two
domestic violence experts, recommended by the California
Alliance Against Partnership to End Domestic
Violence, who are experienced in the provision of direct services to
victims of domestic violence. At least one of the persons selected
shall be a former victim of domestic violence.
(2) The commission, in consultation with these groups and
individuals, shall review existing training programs to determine in
what ways domestic violence training might be included as a part of
ongoing programs.
(g) Each law enforcement officer below the rank of supervisor who
is assigned to patrol duties and would normally respond to domestic
violence calls or incidents of domestic violence shall complete,
every two years, an updated course of instruction on domestic
violence that is developed according to the standards and guidelines
developed pursuant to subdivision (d). The instruction required
pursuant to this subdivision shall be funded from existing resources
available for the training required pursuant to this section. It is
the intent of the Legislature not to increase the annual training
costs of local government entities.
SEC. 3. SEC. 7. Section 13823.15 of
the Penal Code is amended to read:
13823.15. (a) The Legislature finds the problem of domestic
violence to be of serious and increasing magnitude. The Legislature
also finds that existing domestic violence services are underfunded
and that some areas of the state are unserved or underserved.
Therefore, it is the intent of the Legislature that a goal or purpose
of the Office of Emergency Services (OES) shall be to ensure that
all victims of domestic violence served by the OES Comprehensive
Statewide Domestic Violence Program receive comprehensive, quality
services.
(b) There is in the OES a Comprehensive Statewide Domestic
Violence Program. The goals of the program shall be to provide local
assistance to existing service providers, to maintain and expand
services based on a demonstrated need, and to establish a targeted or
directed program for the development and establishment of domestic
violence services in currently unserved and underserved areas. The
OES shall provide financial and technical assistance to local
domestic violence centers in implementing all of the following
services:
(1) Twenty-four-hour crisis hotlines.
(2) Counseling.
(3) Business centers.
(4) Emergency "safe" homes or shelters for victims and families.
(5) Emergency food and clothing.
(6) Emergency response to calls from law enforcement.
(7) Hospital emergency room protocol and assistance.
(8) Emergency transportation.
(9) Supportive peer counseling.
(10) Counseling for children.
(11) Court and social service advocacy.
(12) Legal assistance with temporary restraining orders, devices,
and custody disputes.
(13) Community resource and referral.
(14) Household establishment assistance.
Priority for financial and technical assistance shall be given to
emergency shelter programs and "safe" homes for victims of domestic
violence and their children.
(c) Except as provided in subdivision (f), the OES and the
advisory committee established pursuant to Section 13823.16 shall
collaboratively administer the Comprehensive Statewide Domestic
Violence Program, and shall allocate funds to local centers meeting
the criteria for funding. All organizations funded pursuant to this
section shall utilize volunteers to the greatest extent possible.
The centers may seek, receive, and make use of any funds which may
be available from all public and private sources to augment any
state funds received pursuant to this section.
Centers receiving funding shall provide cash or an in-kind match
of at least 10 percent of the funds received pursuant to this
section.
(d) The OES shall conduct statewide training workshops on domestic
violence for local centers, law enforcement, and other service
providers designed to enhance service programs. The workshops shall
be planned in conjunction with practitioners and experts in the field
of domestic violence prevention. The workshops shall include a
curriculum component on lesbian, gay, bisexual, and transgender
specific domestic abuse.
(e) The OES shall develop and disseminate throughout the state
information and materials concerning domestic violence. The OES shall
also establish a resource center for the collection, retention, and
distribution of educational materials related to domestic violence.
The OES may utilize and contract with existing domestic violence
technical assistance centers in this state in complying with the
requirements of this subdivision.
(f) The funding process for distributing grant awards to domestic
violence shelter service providers (DVSSPs) shall be administered by
the OES as follows:
(1) The OES shall establish each of the following:
(A) The process and standards for determining whether to grant,
renew, or deny funding to any DVSSP applying or reapplying for
funding under the terms of the program.
(B) For DVSSPs applying for grants under the RFP process described
in paragraph (2), a system for grading grant applications in
relation to the standards established pursuant to subparagraph (A),
and an appeal process for applications that are denied. A description
of this grading system and appeal process shall be provided to all
DVSSPs as part of the application required under the RFP process.
(C) For DVSSPs reapplying for funding under the RFA process
described in paragraph (4), a system for grading the performance of
DVSSPs in relation to the standards established pursuant to
subparagraph (A), and an appeal process for decisions to deny or
reduce funding. A description of this grading system and appeal
process shall be provided to all DVSSPs receiving grants under this
program.
(2) Grants for shelters that were not funded in the previous cycle
shall be awarded as a result of a competitive request for proposal
(RFP) process. The RFP process shall comply with all applicable state
and federal statutes for domestic violence shelter funding, and to
the extent possible, the response to the RFP shall not exceed 25
narrative pages, excluding attachments.
(3) Grants shall be awarded to DVSSPs that propose to maintain
shelters or services previously granted funding pursuant to this
section, to expand existing services or create new services, or to
establish new domestic
violence shelters in underserved or unserved areas. Each grant
shall be awarded for a three-year term.
(4) DVSSPs reapplying for grants shall not be subject to a
competitive grant process, but shall be subject to a request for
application (RFA) process. The RFA process shall consist in part of
an assessment of the past performance history of the DVSSP in
relation to the standards established pursuant to paragraph (1). The
RFA process shall comply with all applicable state and federal
statutes for domestic violence center funding, and to the extent
possible, the response to the RFA shall not exceed 10 narrative
pages, excluding attachments.
(5) Any DVSSP funded through this program in the previous grant
cycle, including any DVSSP funded by Chapter 707 of the Statutes of
2001, shall be funded upon reapplication, unless, pursuant to the
assessment required under the RFA process, its past performance
history fails to meet the standards established by the OES pursuant
to paragraph (1).
(6) The OES shall conduct a minimum of one site visit every three
years for each DVSSP funded pursuant to this subdivision. The purpose
of the site visit shall be to conduct a performance assessment of,
and provide subsequent technical assistance for, each shelter
visited. The performance assessment shall include, but need not be
limited to, a review of all of the following:
(A) Progress in meeting program goals and objectives.
(B) Agency organization and facilities.
(C) Personnel policies, files, and training.
(D) Recordkeeping, budgeting, and expenditures.
(E) Documentation, data collection, and client confidentiality.
(7) After each site visit conducted pursuant to paragraph (6), the
OES shall provide a written report to the DVSSP summarizing the
performance of the DVSSP, any deficiencies noted, any corrective
action needed, and a deadline for corrective action to be completed.
The OES shall also develop a corrective action plan for verifying the
completion of any corrective action required. The OES shall submit
its written report to the DVSSP no more than 60 days after the site
visit. No grant under the RFA process shall be denied if the DVSSP
has not received a site visit during the previous three years, unless
the OES is aware of criminal violations relative to the
administration of grant funding.
(8) DVSSPs receiving written reports of deficiencies or orders for
corrective action after a site visit shall be given no less than six
months' time to take corrective action before the deficiencies or
failure to correct may be considered in the next RFA process.
However, the OES shall have the discretion to reduce the time to take
corrective action in cases where the deficiencies present a
significant health or safety risk or when other severe circumstances
are found to exist. If corrective action is deemed necessary, and a
DVSSP fails to comply, or if other deficiencies exist that, in the
judgment of the OES, cannot be corrected, the OES shall determine,
using its grading system, whether continued funding for the DVSSP
should be reduced or denied altogether. If a DVSSP has been
determined to be deficient, the OES may, at any point during the
DVSSP's funding cycle following the expiration of the period for
corrective action, deny or reduce any further funding.
(9) If a DVSSP applies or reapplies for funding pursuant to this
section and that funding is denied or reduced, the decision to deny
or reduce funding shall be provided in writing to the DVSSP, along
with a written explanation of the reasons for the reduction or denial
made in accordance with the grading system for the RFP or RFA
process. Except as otherwise provided, any appeal of the decision to
deny or reduce funding shall be made in accordance with the appeal
process established by the OES. The appeal process shall allow a
DVSSP a minimum of 30 days to appeal after a decision to deny or
reduce funding. All pending appeals shall be resolved before final
funding decisions are reached.
(10) It is the intent of the Legislature that priority for
additional funds that become available shall be given to currently
funded, new, or previously unfunded DVSSPs for expansion of services.
However, the OES may determine when expansion is needed to
accommodate underserved or unserved areas. If supplemental funding is
unavailable, the OES shall have the authority to lower the base
level of grants to all currently funded DVSSPs in order to provide
funding for currently funded, new, or previously unfunded DVSSPs that
will provide services in underserved or unserved areas. However, to
the extent reasonable, funding reductions shall be reduced
proportionately among all currently funded DVSSPs. After the amount
of funding reductions has been determined, DVSSPs that are currently
funded and those applying for funding shall be notified of changes in
the available level of funding prior to the next application
process. Funding reductions made under this paragraph shall not be
subject to appeal.
(11) Notwithstanding any other provision of this section, OES may
reduce funding to a DVSSP funded pursuant to this section if federal
funding support is reduced. Funding reductions as a result of a
reduction in federal funding shall not be subject to appeal.
(12) Nothing in this section shall be construed to supersede any
function or duty required by federal acts, rules, regulations, or
guidelines for the distribution of federal grants.
(13) As a condition of receiving funding pursuant to this section,
DVSSPs shall do all of the following:
(A) Provide matching funds or in-kind contributions equivalent to
not less than 10 percent of the grant they would receive. The
matching funds or in-kind contributions may come from other
governmental or private sources.
(B) Ensure that appropriate staff and volunteers having client
contact meet the definition of "domestic violence counselor" as
specified in subdivision (a) of Section 1037.1 of the Evidence Code.
The minimum training specified in paragraph (2) of subdivision (a) of
Section 1037.1 of the Evidence Code shall be provided to those staff
and volunteers who do not meet the requirements of paragraph (1) of
subdivision (a) of Section 1037.1 of the Evidence Code.
(14) The following definitions shall apply for purposes of this
subdivision:
(A) "Domestic violence" means the infliction or threat of physical
harm against past or present adult or adolescent female intimate
partners, including physical, sexual, and psychological abuse against
the woman, and is a part of a pattern of assaultive, coercive, and
controlling behaviors directed at achieving compliance from or
control over that woman.
(B) "Domestic violence shelter service provider" or "DVSSP" means
a victim services provider that operates an established system of
services providing safe and confidential emergency housing on a
24-hour basis for victims of domestic violence and their children,
including, but not limited to, hotel or motel arrangements, haven,
and safe houses.
(C) "Emergency shelter" means a confidential or safe location that
provides emergency housing on a 24-hour basis for victims of
domestic violence and their children.
(g) The OES may hire the support staff and utilize all resources
necessary to carry out the purposes of this section. The OES shall
not utilize more than 10 percent of any funds appropriated for the
purpose of the program established by this section for the
administration of that program.
SEC. 4. SEC. 8. Section 13823.16 of
the Penal Code is amended to read:
13823.16. (a) The Comprehensive Statewide Domestic Violence
Program established pursuant to Section 13823.15 shall be
collaboratively administered by the Office of Emergency Services
(OES) and an advisory council. The membership of the OES Domestic
Violence Advisory Council shall consist of experts in the provision
of either direct or intervention services to battered women and their
children, within the scope and intention of the OES Domestic
Violence Assistance Program.
(b) The membership of the council shall consist of domestic
violence victims' advocates, battered women service providers, at
least one representative of service providers serving the lesbian,
gay, bisexual, and transgender community in connection with domestic
violence, and representatives of women's organizations, law
enforcement, and other groups involved with domestic violence. At
least one-half of the council membership shall consist of domestic
violence victims' advocates or battered women service providers from
organizations such as the California Alliance Against
Partnership to End Domestic Violence. It is the
intent of the Legislature that the council membership reflect the
ethnic, racial, cultural, and geographic diversity of the state. The
council shall be composed of no more than 13 voting members and two
nonvoting members who shall be appointed, as follows:
(1) Seven voting members shall be appointed by the Governor.
(2) Three voting members shall be appointed by the Speaker of the
Assembly.
(3) Three voting members shall be appointed by the Senate
Committee on Rules.
(4) Two nonvoting members shall be Members of the Legislature, one
appointed by the Speaker of the Assembly and one appointed by the
Senate Committee on Rules. Any Member of the Legislature appointed to
the council shall meet with the council and participate in its
activities to the extent that participation is not incompatible with
his or her position as a Member of the Legislature.
(c) The OES shall collaborate closely with the council in
developing funding priorities, framing the request for proposals, and
soliciting proposals.
(d) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
SEC. 9. Section 13823.17 is added to the
Family Code , to read:
13823.17. (a) The Legislature finds the problem of domestic
violence in the gay, lesbian, bisexual, and transgender community to
be of serious and increasing magnitude. The Legislature also finds
that existing domestic violence services for this population are
underfunded and that members of this population are unserved or
underserved in the state. Therefore, it is the intent of the
Legislature that a goal or purpose of the Office of Emergency
Services (OES) shall be to increase access to culturally appropriate
domestic violence education, prevention, and services for the gay,
lesbian, bisexual, and transgender community.
(b) The goal of this section is to establish a targeted or
directed mini-grant program for the development and support of
domestic violence programs and services for the gay, lesbian,
bisexual, and transgender community. The OES shall use funds from the
Equality in Prevention and Services for Domestic Abuse Fund to award
at least four mini-grants of up to ten thousand dollars ($10,000) to
qualifying organizations to fund domestic violence programs and
services such as:
(1) Twenty-four-hour crisis hotlines.
(2) Counseling.
(3) Court and social service advocacy.
(4) Legal assistance with temporary restraining orders, devices,
and custody disputes.
(5) Community resource and referral.
(6) Household establishment assistance.
(7) Emergency housing.
(8) Educational workshops and publications.
(c) Each mini-grant shall be awarded for a three-year term for the
purposes of this section.
(d) In order to qualify for a mini-grant award under this section,
the recipient shall be a California nonprofit organization with a
demonstrated history of working in the area of domestic violence
education and prevention and serving the lesbian, gay, bisexual, and
transgender community.
(e) The funding process for distributing mini-grant awards to
qualifying organizations shall be administered by the OES as follows:
(1) Mini-grants that were not funded in the previous cycle shall
be awarded to qualifying organizations as a result of a competitive
request for proposal (RFP) process. The RFP process shall comply with
all applicable state and federal statutes and to the extent
possible, the response to the RFP shall not exceed 15 narrative
pages, excluding attachments.
(2) The following criteria shall be used to evaluate mini-grant
proposals:
(A) Whether the proposed program or services would further the
purpose of promoting healthy, non-violent relationships in the
lesbian, gay, bisexual and transgender community.
(B) Whether the proposed program or services would reach a
significant number of people in and have the support of the lesbian,
gay, bisexual, and transgender community.
(C) Whether the proposed program or services are grounded in a
firm understanding of domestic violence and represent an innovative
approach to addressing the issue.
(D) Whether the proposed program or services would reach unique
and underserved sectors of the lesbian, gay, bisexual, and
transgender community, such as youth, people of color, immigrants,
and transgender persons.
(3) Mini-grant funds shall not be used to support any of the
following:
(A) Scholarships.
(B) Awards to individuals.
(C) Out-of-state travel.
(D) Projects that are substantially completed before the
anticipated date of the grant award.
(E) Fundraising activities.
(4) Organizations reapplying for mini-grants shall not be subject
to a competitive grant process, but shall be subject to a request for
application (RFA) process. The RFA process shall consist in part of
an assessment of the past performance history of the organization in
relation to the standards established by this section. The response
to the RFA shall not exceed 10 narrative pages, excluding
attachments.
(5) Any organization funded through this program in the previous
mini-grant cycle shall be funded upon reapplication, unless, pursuant
to the assessment required under the RFA process, its past
performance history fails to meet the standards established by this
section.
(f) Mini-grant recipients may seek, receive, and make use of any
funds which may be available from all public and private sources to
augment any funds received pursuant to this section.
(g) The OES may adopt rules as necessary to implement the
mini-grant program created under this section.
(h) The OES may hire the support staff and utilize all resources
necessary to carry out the purposes of this section.
(i) For purposes of this section, "domestic violence" means the
infliction or threat of physical harm against past or present adult
or adolescent intimate partners, including physical, sexual, and
psychological abuse against the person, and is a part of a pattern of
assaultive, coercive, and controlling behaviors directed at
achieving compliance from or control over that person.