BILL NUMBER: SB 273 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 26, 2009
AMENDED IN SENATE MAY 5, 2009
AMENDED IN SENATE MARCH 31, 2009
INTRODUCED BY Senator Corbett
(Coauthor: Senator Alquist)
FEBRUARY 24, 2009
An act to amend Sections 124250 and 124251 of the Health and
Safety Code, and to amend Section 13823.15 of the Penal Code,
relating to domestic violence.
LEGISLATIVE COUNSEL'S DIGEST
SB 273, as amended, Corbett. Domestic violence.
Existing law requires the Maternal and Child Health Branch of the
State Department of Public Health to administer a comprehensive
shelter-based service grant program to battered women's shelters.
Existing law also requires the Office of Emergency Services ,
now the California Emergency Management Agency, to conduct a
statewide domestic violence program to provide assistance to victims
of domestic violence in unserved and underserved areas. Both of these
programs define "domestic violence" to mean 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.
This bill would change the definition of domestic violence under
both of the above programs to mean the infliction or threat of
physical harm against past or present adult or adolescent intimate
partners, to include physical, sexual, and psychological abuse
against the partner, that is a part of a pattern of assaultive,
coercive, and controlling behaviors directed at achieving compliance
from, or control over, that partner. The bill would also make the
department's comprehensive shelter-based service grant program
subject to specified antidiscrimination provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) In 1994, the Legislature enacted the Battered Women Protection
Act (BWPA) providing for a comprehensive shelter-based services
program for battered women and children. Passage of the BWPA was a
recognition of the serious magnitude of domestic violence and the
need to provide funding to increase protection for female victims and
their children.
(b) Despite efforts by the state to address the problem of
domestic violence, it remains an issue of serious public concern and
growing magnitude. Women, in particular, continue to be victims of
domestic violence at a disproportionate rate.
(c) In 2006, there were 86 domestic homicides by a spouse or
common law partner. The victims included 69 females and 17 males.
(d) In 2007, there were 119 murders committed in California as the
result of intimate partner violence. The victims included 101
females and 18 males who were killed by their partners.
(e) As of April 2008, there were 246,444 domestic violence-related
orders on file with the Department of Justice, including emergency
protective orders, temporary restraining orders, orders after
hearing, other domestic violence orders, and criminal protective
orders.
(f) The National Crime Victimization Survey found that women are
six times more likely than men to experience violence at the hands of
an intimate partner.
(g) Many economic risks associated with domestic violence also
disproportionately affect abused women, including homelessness,
income decline upon separation, and financial dependency on partners.
(h) In providing and funding comprehensive shelter-based services
to all victims of domestic violence, the state has a compelling
interest in acknowledging the quantitative difference in the number
of male and female victims, as well as the qualitative differences in
the nature of the violence experienced by male and female victims so
that resources may be properly allocated.
(i) It is the intent of the Legislature that the State Department
of Public Health have as purposes and goals that all victims of
domestic violence served by the department's Maternal and Child
Health Branch receive comprehensive, quality services and that
resources are distributed to where there is the most need.
SEC. 2. 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 intimate partners,
and shall include physical, sexual, and psychological abuse against
the partner, and is a part of a pattern of assaultive, coercive, and
controlling behaviors directed at achieving compliance from or
control over, that partner.
(2) "Shelter-based" means an established system of services where
victims of domestic violence 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 victims of
domestic violence and their children.
(b) The Maternal and Child Health Branch of the State Department
of Public Health shall administer a comprehensive shelter-based
services grant program to battered women's shelters pursuant to this
section. This program shall comport with the requirements of Section
11135 of the Government Code.
(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 victims of domestic violence and their
children escaping violent family situations.
(2) Transitional housing programs to help victims of domestic
violence and their children find housing and jobs so 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
victims of domestic violence and their children pursue appropriate
legal options.
(4) Other support services for victims of domestic violence and
their children.
(d) (1) The Maternal and Child Health Branch shall conduct a
minimum of one site visit per grant term to each agency funded to
provide shelter-based services to victims of domestic violence 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, deficiencies
noted, and corrective action needed.
(3) If an agency receives funding from both the Maternal and Child
Health Branch and the Domestic Violence Program in the
Office of Emergency Services California Emergency
Management Agency during any grant cycle, the Maternal and
Child Health Branch and the Comprehensive Statewide Domestic Violence
Program 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 department 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 ex
officio 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 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 shall administer
grants, awarded as the result of a request for application process,
to agencies to conduct demonstration projects to serve victims of
domestic violence, 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 victims of domestic violence in
underserved communities, including the lesbian, gay, bisexual, and
transgender community, and ethnic and racial communities. Therefore,
the Maternal and Child Health Branch 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 both 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. 3. Section 124251 of the Health and Safety Code is amended to
read:
124251. (a) The Maternal and Child Health Branch of the State
Department of Public Health shall fund, through a competitive
selection process determined by the director, at least one agency to
provide expert technical assistance and training on domestic violence
issues and building agency capacity in order to obtain other funding
for services for victims of domestic violence, including, but not
limited to, grant writing and building coalitions.
(b) The Maternal and Child Health Branch shall fund at least one
agency to conduct a statewide evaluation of the services funded
through Section 124250.
(c) For purposes of subdivision (a), "agency" means a state
agency, local government, a community-based organization, or a
nonprofit agency.
(d) Contracts awarded pursuant to this section are exempt from
the competitive bidding requirements of the Public Contract Code.
SEC. 4. 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)
California Emergency Management Agency (Cal EMA) shall be to
ensure that all victims of domestic violence served by the
OES Cal EMA Comprehensive Statewide Domestic
Violence Program receive comprehensive, quality services.
(b) There is in the OES Cal EMA 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
Cal EMA 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
Cal EMA 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 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 Cal EMA 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 Cal EMA shall develop
and disseminate throughout the state information and materials
concerning domestic violence. The OES Cal EMA
shall also establish a resource center for the collection,
retention, and distribution of educational materials related to
domestic violence. The OES Cal EMA 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 Cal EMA as follows:
(1) The OES Cal EMA 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 request for proposal
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 request for
application 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) A DVSSP funded through this program in the previous grant
cycle, including a 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
Cal EMA pursuant to paragraph (1).
(6) The OES Cal EMA 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 Cal EMA shall provide a written
report to the DVSSP summarizing the performance of the DVSSP,
deficiencies noted, corrective action needed, and a deadline for
corrective action to be completed. The OES
Cal EMA shall also develop a corrective action plan for
verifying the completion of corrective action required. The
OES Cal EMA 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
Cal EMA is aware of criminal violations relative
to the administration of grant funding.
(8) If an agency receives funding from both the Comprehensive
Statewide Domestic Violence Program in the Office of
Emergency Services California Emergency Management
Agency and the Maternal and Child Health Branch of the State
Department of Public Health during any grant cycle, the Comprehensive
Statewide Domestic Violence Program and the Maternal and Child
Health 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.
(9) 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 Cal EMA 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
Cal EMA , cannot be corrected, the OES
Cal EMA 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 Cal EMA may, at any point
during the DVSSP's funding cycle following the expiration of the
period for corrective action, deny or reduce further funding.
(10) 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, an appeal of the decision to
deny or reduce funding shall be made in accordance with the appeal
process established by the OES Cal EMA
. 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.
(11) 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 Cal EMA may determine
when expansion is needed to accommodate underserved or unserved
areas. If supplemental funding is unavailable, the OES
Cal EMA 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.
(12) Notwithstanding any other provision of this section,
OES Cal EMA 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.
(13) 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.
(14) 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.
(15) 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 intimate partners,
including physical, sexual, and psychological abuse against the
partner, and is a part of a pattern of assaultive, coercive, and
controlling behaviors directed at achieving compliance from or
control over that person.
(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 Cal EMA may hire the
support staff and utilize all resources necessary to carry out the
purposes of this section. The OES Cal EMA
shall not utilize more than 10 percent of funds appropriated
for the purpose of the program established by this section for the
administration of that program.