BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 733|
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VETO
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
ASSEMBLY FLOOR : 73-1, 08/25/10 - See last page for vote
SENATE FLOOR : 35-1, 8/26/10
AYES: Aanestad, Alquist, Ashburn, Blakeslee, Calderon,
Cedillo, Cogdill, Corbett, Correa, Denham, DeSaulnier,
Ducheny, Dutton, Emmerson, Florez, Hancock, Harman, Huff,
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Kehoe, Leno, Liu, Lowenthal, Negrete McLeod, Padilla,
Pavley, Price, Romero, Runner, Simitian, Steinberg,
Strickland, Wolk, Wright, Wyland, Yee
NOES: Hollingsworth
NO VOTE RECORDED: Oropeza, Walters, Wiggins, Vacancy
SUBJECT : Victims of violent crime: trauma recovery
centers
SOURCE : Author
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).)
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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
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
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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
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
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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
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 8/26/10)
CA Catholic Conference
CA Crime Victims for Alternatives to the death penalty
California Protective Parents Association
Children's Civil Rights Union
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City and County of San Francisco
County of San Bernardino
Crime Victims United
Emergency Nurses Association
Justice for Homicide Victims
Law Enforcement Chaplaincy Sacramento
Los Angeles County District Attorneys Association
Loved Ones Victim Services
Mayor of the City of Albany
Mothers taking action against gang violence
Northern Ca Psychiatric Society
Parents of murdered children
San Mateo Medical Center
Taxpayers for improving public safety
University of California Berkeley, School of Social Welfare
University of California Office of the President
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
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
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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.
GOVERNOR'S VETO MESSAGE:
"I am returning Senate Bill 733 without my signature.
While the model of service supported by this bill has
proven effective at the San Francisco Trauma Recovery
Center, the Restitution Fund is an inappropriate
ongoing source of funding for this type of program.
The Restitution Fund is the funding source of the
Victim Compensation Program, which was designated to
pay for certain out-of-pocket expenses to specific
victims of crime.
The use of the Restitution Fund to support programs
of this type presents a significant concern to its
ongoing ability to support the compensation of crime
victims for which it was established.
For these reasons, I am unable to sign this bill."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall, Bill
Berryhill, Tom Berryhill, Block, Blumenfield, Bradford,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Eng, Evans, Feuer, Fletcher, Fong, Fuller,
Furutani, Gaines, Galgiani, Garrick, Gatto, Gilmore,
Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,
Huffman, Jeffries, Jones, Lieu, Logue, Bonnie Lowenthal,
Ma, Mendoza, Monning, Nava, Nestande, Niello, Nielsen, V.
Manuel Perez, Portantino, Ruskin, Salas, Saldana,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada, John
A. Perez
NOES: Miller
NO VOTE RECORDED: Fuentes, Knight, Norby, Silva, Vacancy,
Vacancy
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RJG:do 10/5/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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