BILL ANALYSIS                                                                                                                                                                                                    






                                 SENATE HEALTH
                               COMMITTEE ANALYSIS
                        Senator Elaine K. Alquist, Chair


          BILL NO:       SB 273                                       
          S
          AUTHOR:        Corbett                                      
          B
          AMENDED:       March 31, 2009                              
          HEARING DATE:  April 29, 2009                               
          2
          CONSULTANT:                                                 
          7
          Tadeo/                                                      
          3              
                                        
                                     SUBJECT

                                Domestic violence

                                     SUMMARY  

          Changes the definition of domestic violence in the  
          comprehensive shelter-based service program administered by  
          the Maternal and Child Branch in the Department of Public  
          Health (DPH) to extend services to males and makes the  
          program subject to specified anti-discrimination  
          provisions.  Changes the definition of domestic violence in  
          the statewide domestic violence program administered by the  
          Office of Emergency Services (OES) to extend services to  
          males.  

                             CHANGES TO EXISTING LAW  
          
          Existing law:
           Requires the Maternal and Child Health Branch of the  
            State Department of DPH to administer a comprehensive  
            shelter-based services grant program to battered women's  
            shelters for emergency shelter, transitional housing  
            programs, legal and other types of advocacy and  
            representation, and other support services for battered  
            women and their children.

           Requires the OES to administer a comprehensive statewide  
            domestic violence program to provide local assistance to  
                                                         Continued---



          STAFF ANALYSIS OF SENATE BILL  SB 273 (Corbett)Page 2


          

            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. 

           Defines domestic violence as the infliction or threat of  
            physical harm against past or present adult or adolescent  
            female intimate partners, which includes 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.
             
           Defines shelter-based services as 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.

           Defines emergency shelter as a confidential or safe  
            location that provides emergency housing on a 24-hour  
            basis for battered women and their children.
           
          This bill:
           For the purposes of the comprehensive shelter-based  
            services grant program and the statewide domestic  
            violence program, defines domestic violence as the  
            infliction or threat of physical harm against past or  
            present adult or adolescent intimate partners, which  
            includes 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.

           Defines shelter-based as 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.

           Defines emergency shelter as a confidential or safe  
            location that provides emergency housing on a 24-hour  
            basis for victims of domestic violence and their  
            children.




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           Requires the DPH's comprehensive shelter-based services  
            grant program for battered women's shelters to comport  
            with specified anti-discrimination requirements.  These  
            requirements include, but are not limited to the  
            requirement that no person in the State of California  
            shall, on the basis of race, national origin, ethnic  
            group identification, religion, age, sex, sexual  
            orientation, color, or disability be unlawfully denied  
            full and equal access to the benefits of, or be  
            unlawfully subjected to, discrimination under any program  
            or activity that is conducted, operated, or administered  
            by the state or by any state agency, is funded directly  
            by the state, or receives any financial assistance from  
            the state.

                                  FISCAL IMPACT  

          Unknown. 

                            BACKGROUND AND DISCUSSION  

          According to the author, SB 273 is needed in response to  
          the 2008 Third District Court of Appeal decision in Woods  
          v. Horton (previously known as Woods v. Shewry) which  
          requires existing state-funded battered women's shelters to  
          provide services to all victims of domestic violence  
          regardless of gender.  The author contends that the changes  
          proposed in SB 273 ensure that existing shelters have  
          continued state funding, and that all victims of domestic  
          violence receive the critical services they need. 



          Woods v. Horton
          According to court documents, four men and the daughter of  
          one of them, plaintiffs in Woods v. Horton, challenged that  
          statutes relating to domestic violence shelter services  
          violate equal protection requirements because they are  
          available only to battered women and their children.  The  
          plaintiffs alleged that they were denied services for  
          victims of domestic violence at state-funded domestic  
          violence organizations because the organizations only serve  
          women.  

          The court held that under the state's equal protection  




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          clause, and anti-discrimination statutes, women and men are  
          "similarly situated" with regard to domestic violence, and  
          therefore the language in the code should be revised to  
          make state-funding for domestic violence shelter services  
          gender-neutral.

          Both the plaintiffs and the Attorney General agreed that  
          the clear legislative intent was to provide funding for  
          programs offering services to all victims of domestic  
          violence. This intent is expressed in the opening language  
          of subdivision (a) of Penal Code Section
          13823.15: "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."  Nothing in either statute  
          evinces a legislative intent to restrict funding to  
          programs that assist only women.  Indeed, all of the  
          programs funded under Penal Code Section 13823.15 and the  
          vast majority (85 percent) of the programs funded under  
          Health and Safety Code Section 124250 provide services on a  
          gender-neutral basis.  

          The court found the only evidence that some state-funded  
          programs discriminate against men to be the declaration of  
          Dr. Susan Steinberg, then the public health medical  
          administrator for the Department of Health Services, who  
          stated that 85 percent of agencies funded by the department  
          provide services to men, from which the court presumed the  
          other 15 percent do not. 

          The court ordered Sections 124250 of the Health and Safety  
          Code and 13823.15 of the Penal Code to be reformed in order  
          to extend the statutory benefits of domestic violence  
          services to men.  The court noted that, reforming the  
          statutes that provide funding for domestic violence  
          programs to be gender-neutral, does not require that such  
          programs offer identical services to men and women.  The  
          court also noted that, given the noted disparity in the  
          number of women needing services and the greater severity  
          of their injuries, it may be appropriate to provide more  
          and different services to battered women and their  
          children.  For example, a program might offer shelter for  
          women, but only hotel vouchers for a smaller number of men.

          Impact of domestic violence




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          As reported in a 2003 California Research Bureau (CRB)  
          report entitled, "California County Approaches to Domestic  
          Violence," intimate partner violence in the United States  
          is a serious social problem.  Based on survey data from the  
          National Institute of Justice, 5.3 million intimate partner  
          violence victimizations occur among U.S. women ages 18 and  
          older each year. This violence results in nearly two  
          million injuries, more than 550,000 of which require  
          medical attention. In addition, intimate partner violence  
          victims lose a total of nearly 8 million days of paid work,  
          the equivalent of more than 32,000 full-time jobs, and  
          nearly 5.6 million days of household productivity as a  
          result of the violence. 

          The report asserts that although domestic violence has  
          existed throughout history, efforts to control and  
          discourage it are relatively recent.  In the 1980s,  
          domestic violence and abuse of one's marriage partner were  
          made criminal acts. These laws were later expanded to  
          include violence against a cohabitant, dating partner, or  
          former partner. 

          According to a 2002 CRB report entitled, "The Prevalence of  
          Domestic Violence in California," victims of domestic  
          violence come from all socioeconomic classes and ethnic  
          groups, although the poor probably suffer most.  A  
          disproportionate number of persons in domestic violence  
          shelters are persons who have children, limited education,  
          no insurance, and are unemployed.  Often they depend on  
          their spouses for the day-to-day necessities and do not  
          have the resources to leave or support themselves and their  
          children.  Children suffer deep and lasting emotional  
          problems and may continue the violent cycle by abusing  
          their partners.  Family violence contributes to many  
          social,
          educational, and health problems in the United States.

          The report notes that there are 98 shelters in California  
          that receive state and federal funding, out of an estimated  
          112 shelters in California.  About 14 other shelters do not  
          receive state and federal funds. Domestic violence shelters  
          are often part of larger organizations that provide an  
          array of social services to families, either in-house or  
          through referrals to other agencies.  All shelters operate  
          24-hour hotlines, which provide information about safe  
          shelter, emotional support, counseling, and referral to a  




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          range of services.  Shelters assist clients in obtaining  
          restraining orders and financial assistance.  They develop  
          client safety plans; make referrals for medical treatment,  
          drug treatment, and mental health services.  They also  
          offer parenting and life skills classes, assist with legal  
          advocacy and/or court accompaniment, help with immigration  
          issues, retrieve belongings, provide child care, and assist  
          clients to obtain transportation vouchers, temporary  
          housing, and employment and/or training.  Not all shelters  
          offer all of these services.  Some shelters contract with  
          other organizations that provide these services.  Some  
          shelters have the ability to follow up on the referrals  
          they provide to clients, but that is not required, and most  
          do not. The report additionally notes that victims'  
          greatest needs, in terms of services, are for housing,  
          financial assistance, and counseling, both when they arrive  
          and when they leave the shelter.   The report also states  
          that although Section 124250 of the Health and Safety Code  
          excludes men from its definition of victims, law  
          enforcement professionals, health care providers, domestic  
          violence shelters, and others in the field recognize that  
          men can also be victims of domestic violence, in both  
          heterosexual and homosexual relationships.

          Domestic violence legislation in California 
          According to a 2003 California Senate Office of Research  
          (SOR) report entitled, "California's Response to Domestic  
          Violence,"  a movement to establish safe houses for  
          domestic violence victims and their children in the 1960s  
          and 1970s led to efforts for systemic changes. Early  
          measures provided revenues for shelters, required law  
          enforcement agencies to develop written policies to guide  
          their responses to domestic violence, and made spousal rape  
          a crime.  

          By the 1990s, legislation addressing domestic violence had  
          grown and the SOR report lists California laws that  
          presently exist in response to domestic violence issues  
          that include funding, housing assistance, restitution and  
          fines, confidentiality, death review teams, family  
          violence, funding for victims' services, health care,  
          insurance discrimination, prevention, welfare reform,  
          workplace, batterer treatment programs, battered woman  
          syndrome, domestic violence courts, criminal enforcement,  
          firearms, release from jail, restraining orders, spousal  
          rape, stalking, training for law enforcement and court  




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          personnel, family law/child custody, spousal support, court  
          interpreters, juvenile court and civil remedies. 

          According to the SOR report, predictably, a myriad of other  
          problems are associated with battering and batterers  
          including depression, suicidal tendencies, and alcohol and  
          drug abuse.  Children who grow up in violent families are  
          likely to have problems in school, to abuse drugs and  
          alcohol and to repeat the pattern of abuse as adults.   The  
          report also adds that approximately 100 community-based  
          organizations in California offer many of the same services  
          as shelters. They provide some combination of social  
          support and intervention for battered and abused women.  
          These organizations include family support networks,  
          victims' assistance programs, community-based agencies,  
          faith-based organizations, hospitals and emergency centers,  
          health care clinics, and individual doctors, psychologists,  
          psychiatrists, dentists, and many others. Family and  
          friends are often the first line of help and assistance.

          Prior legislation
          AB 100 (Cohn), Chapter 462, Statutes of 2005, extends the  
          January 1, 2006 sunset for a Maternal and Child Health  
          Branch advisory council regarding comprehensive  
          shelter-based programs to January 1, 2010.
          
          SB 185 (Bowen), Chapter 439, Statutes of 2001, requires the  
          Maternal and Child Health Branch to strengthen oversight  
          and technical assistance to the shelters receiving state  
          grants. 

          AB 167 (B. Freidman), Chapter 140, Statutes of 1994, enacts  
          the Battered Women Protection Act of 1994 to establish a  
          comprehensive domestic violence program.
          Requires the Maternal and Child Health Branch to  
          administer, in consultation with an advisory council, a  
          comprehensive shelter-based services grant program for  
          battered women's shelters. 

          Arguments in support
          Supporters of SB 273 state that this bill would require  
          existing state-funded battered women's shelters to provide  
          services to all victims of domestic violence, regardless of  
          gender.  Supporters also state that while at least 85  
          percent of battered women's shelter programs provide  
          services to both men and women, this bill will ensure that  




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          state funding will be used to provide critical services to  
          all victims, regardless of gender.  

          The American Federation of State, County and Municipal  
          Employees (AFSCME) states that while women are victims of  
          domestic violence at a higher rate than men, domestic  
          violence is committed upon men even though it is not widely  
          discussed in society.  AFSCME contends that an important  
          consequence of SB 273 is that all shelters funded by the  
          department will provide services to domestic violence  
          victims, regardless of gender. 

          The National Coalition for Men, San Diego Chapter, writes  
          that while it is in support of SB 273, the bill's findings  
          fail to grasp the true nature of the serious problems  
          caused by wrongful gender biased beliefs and resulting  
          discrimination.  

          Support if amended 
          The National Family Violence Legislative Resource Center  
          (NFVLRC) writes that, while they are in agreement with the  
          general features of SB 273, they recommend two amendments  
          in order to support the bill.  NFVLRC proposes the bill be  
          amended so that future research on domestic violence is  
          based on multiple sources of data, including large  
          representative sample surveys, public health studies,  
          dating surveys, and clinical studies involving victims and  
          perpetrators of both genders.   NFVLRC also proposes the  
          bill be amended to include one representative for male  
          victims of domestic violence, and at least one  
          representative from a multi-ethnic and cross-cultural  
          perspective who acknowledges the needs of both male and  
          female victims on the advisory council to the Maternal and  
          Child Branch relating to domestic violence shelters.  
          
                                     COMMENTS
           
          1.Technical amendments:

          page 4, lines 4-5: (1) Emergency shelter  to women and their  
          children escaping
          violent family situations.   to victims of domestic violence  
          and their children escaping violent family situations. 

           page 4, lines 6-8: (2) Transitional housing programs  to  
          help women and their




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          children find housing and jobs so that they are not forced  
          to choose
          between returning to a violent relationship or becoming  
          homeless.   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.

           page 4, lines 12-13: (3) Legal and other types of advocacy  
          and representation  to help
          women and their children pursue the appropriate legal  
          options.   to help victims of domestic violence and their  
          children pursue the appropriate legal options.

           page 4, line 14: (4) Other support services  for battered  
          women and their children
            for victims of domestic violence and their children.

           page 4, line 18:  services to battered women and their  
          children.   services to victims of domestic violence and  
          their children.


                                   POSITIONS  

          Support:  California Partnership to End Domestic Violence  
          (sponsor)
                           American Federation of State, County and  
          Municipal Employees
                           California Catholic Conference
                           Domestic Violence Practicum, Berkeley  
          School of Law, 
                                University of  California at Berkeley
                           Interval House
                           Lake Family Resource Center
                           Laura's House
                           Los Angeles County District Attorney's  
          Office
                           Marjaree Mason Center
                           National Coalition for Men, San Diego  
          Chapter
                           National Family Violence Legislative  
          Resource Center (if amended)
                           Option House
                           Planned Parenthood Affiliates of  
          California (PPAC)




          STAFF ANALYSIS OF SENATE BILL  SB 273 (Corbett)Page 10


          

                           Rainbow Services
                           Sojourn
                           Su Casa - Ending Domestic Violence
                           Tri-Valley Haven
                        
          Oppose:  None received

                                   -- END --