BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 733| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 733 Author: Leno (D) Amended: 8/16/10 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/28/09 AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg, Wright SENATE APPROPRIATIONS COMMITTEE : 9-0, 1/21/10 AYES: Kehoe, Cox, Corbett, Denham, Leno, Liu, Price, Walters, Yee SENATE FLOOR : 32-2, 1/28/10 AYES: Aanestad, Calderon, Cedillo, Cogdill, Corbett, Correa, Cox, Denham, DeSaulnier, Ducheny, Dutton, Florez, Hancock, Harman, Kehoe, Leno, Liu, Lowenthal, Negrete McLeod, Oropeza, Padilla, Pavley, Price, Romero, Simitian, Steinberg, Strickland, Wiggins, Wolk, Wright, Wyland, Yee NOES: Ashburn, Hollingsworth NO VOTE RECORDED: Alquist, Huff, Maldonado, Runner, Walters, Vacancy ASSEMBLY FLOOR : Not available SUBJECT : Victims of violent crime: trauma recovery centers SOURCE : Author CONTINUED SB 733 Page 2 DIGEST : This bill authorizes the California Victims Compensation and Government Claims Board to evaluate applications, and upon an appropriation by the legislature, award grants totaling up to $2 million per year- to multi-disciplinary trauma recovery centers that provide the following services to and resources for crime victims: (a) mental health; (b) community outreach; and (c) coordination among medical personnel, mental health care providers, law enforcement and social services. This bill makes codified legislative declarations and findings regarding the importance of providing treatment and services to victims of crime, as specified. Assembly Amendments (1) reduce the grant total from $3 million to $2 million; (2) place guidelines for the board relative to fund projection. ANALYSIS : Existing law creates the Victims of Crime Program, administered by the California Victim Compensation and Government Claims Board (CVCGCB), to reimburse victims of crime for the pecuniary losses they suffer as a direct result of criminal acts. Indemnification is made from the Restitution Fund, which is continuously appropriated to the board for these purposes. (Government Code Sections 13950-13968.) Existing law authorizes reimbursement to a victim for "[t]he medical or medical related expenses incurred by the victim." (Government Code Section 13957, subdivision (a)(1).) Existing law provides that the total award to or on behalf of each victim or derivative victim may not exceed $35,000, except that this amount may be increased to $70,000 if federal funds for that increase are available. (Government Code Section 13957, subdivision (b).) Existing law provides that CVCGB shall enter into an interagency agreement with the University of California, San Francisco to establish a recovery center for victims of crime at the San Francisco General Hospital for comprehensive and integrated services to victims of crime, subject to conditions set by the board. The University CONTINUED SB 733 Page 3 Regents must approve the agreement. The section shall only be implemented to the extent that funding is appropriated for that purpose. (Government Code Section 13974.5.) This bill requires CVCGCB to administer a program to evaluate applications and award grants to trauma recovery centers (TRCs). TRCs under this program are required to provide the following services to and resources for crime victims: 1. Use of a multidisciplinary staff of clinicians. 2. Mental health services. 3. Case management. 4. Assertive community outreach. 5. Coordination of care among medical and mental health care providers, law enforcement and social services. 6. Services to families and loved ones of homicide victims. This bill provides that upon appropriation by the legislature the CVCGCB may award grants totaling up to $2 million per year. All grants shall be funded only from the Restitution Fund. This bill provides that the board may award a grant providing funding for up to a maximum period of three years. Any portion of a grant that a trauma center does not use within the specified grant period shall revert to the Restitution Fund. The board may award consecutive grants to a trauma center to prevent a lapse in funding. The board shall not award a trauma center more than one grant for any period of time. This bill provides that the board shall not receive, evaluate, or approve applications for trauma recovery center grants in a fiscal year unless the Restitution Fund is projected to have a year-end fund reserve equal to, or greater than, the equivalent of 25 percent of total budgeted expenditures for the fund, as projected in the January budget proposed by the Governor pursuant to Section CONTINUED SB 733 Page 4 12 of Article IV of the California Constitution. This bill provides that the grants awarded to trauma recovery centers shall not result in a year-end balance to the Restitution Fund of less than 25 percent of total budgeted expenditures for the fund, as projected in the January budget proposed by the Governor pursuant to Section 12 of Article IV of the California Constitution. This bill provides that CVCGCB shall only award grants to centers that meet the following criteria: 1. The center must be a community resource by training law enforcement, community based agencies and health care providers on the identification of and effects of crime. 2. The center must meet any other related criteria required by the board. This bill provides that each center that receives a grant shall do the following: 1. Report to the board annually on how funds were spent, the number of clients served, units of service, staff productivity, outcomes, and patient flow. 2. Assist the board with data and forms to allow the board to receive 60 percent federal reimbursement for services provided by the center. This bill provides that claims under this chapter shall be paid from the Restitution Fund. Notwithstanding Section 13340, except for funds to support trauma center grants pursuant to Section 13963.1, the proceeds in the Restitution Fund are hereby continuously appropriated to the board, without regard to fiscal years, for the purposes of this chapter. However, the funds appropriated pursuant to this section for administrative costs of the board shall be subject to annual review through the State Budget process. A sum not to exceed 15 percent of the amount appropriated annually to pay claims pursuant to this chapter may be withdrawn from the restitution Fund, to be used as a CONTINUED SB 733 Page 5 revolving fund by the board for the payment of emergency awards pursuant to Section 13961. This bill codifies legislative declarations and findings concerning the importance of treatment and services for victims of crime, as specified. FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee analysis: Fiscal Impact (in thousands) Major Provisions 2010-11 2011-12 2012-13 Fund Restitution Fund grantsup to $2,000 up to $2,000 up to $2,000 Special* Program Administration****unknown, likely minor costs**** Special* (VCGCB) *Restitution Fund SUPPORT : (Verified 8/25/10) California Catholic Conference California Crime victims for Alternative to the Death Penalty California Protective Parents Association City and County of San Francisco Crime Victims United Emergency Nurses Association Justice for Homicide Victims Los Angeles County District Attorney's Office San Francisco District Attorney's Office Taxpayers for Improving Public Safety ARGUMENTS IN SUPPORT : According to the author's office, this bill establishes a grant program to be administered by the CVCGCB which will provide for the creation and funding CONTINUED SB 733 Page 6 of up to three TRCs across the state. Modeled after the award-winning and nationally recognized TRC at San Francisco General Hospital, these centers will offer rapid, integrated health treatment to victims of violent crime right when they need it the most, immediately after a horrible trauma. As with any serious health issue, cancer, stroke, early treatment is critical for a good outcome. Unfortunately, a recent State Auditor report confirms that the state's victim services system fails to meet this and other critical needs of victims. Victims do not receive rapid intervention. Instead, they must (1) find out on their own that the State offers compensation for certain health and support services and then obtain those services, (2) navigate a process that requires them to produce as many as twelve verifying documents such as police reports and tax returns, and (3) then wait months to find out whether their application has been accepted. Our Broken System - Examples from the Audit of the Compensation Program . Over a four year period the VCGCB decreased the amount of payments distributed to victims by 50 percent, from $123.9 million to $61.6 million. Despite a significant decline in payments, program costs increased - LAO estimates that administrative spending accounted for $39 million, or about 31 percent of annual funding for 2006-07. RJG:do 8/25/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED