BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair SB 557 (Kehoe) Hearing Date: 05/26/2011 Amended: 05/17/2011 AS PROPOSED TO BE AMENDED Consultant: Jolie Onodera Policy Vote: Judiciary 5-0 Public Safety 6-0 _________________________________________________________________ ____ BILL SUMMARY: SB 557 would authorize the cities of San Diego and Anaheim, and the counties of Alameda and Sonoma, until January 1, 2014, to establish family justice centers (FJCs) to assist victims of domestic violence, sexual assault, elder abuse, human trafficking, and other victims of abuse and crime. This bill would require each FJC to maintain an informed consent policy in compliance with all state and federal laws protecting the confidentiality of the information of victims seeking services. This bill would require the Office of Privacy Protection (OPP), in conjunction with the four pilot centers and relevant stakeholders, to develop best practices to ensure the privacy of all FJC clients and shall submit a report to the Legislature no later than January 1, 2013. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2011-12 2012-13 2013-14 Fund Establishment of FJCs Unknown; potentially major Local local costs for operation and services Report to Legislature $17 to OPP in advisory role General _________________________________________________________________ ____ STAFF COMMENTS: This bill authorizes the City of San Diego, the City of Anaheim, the County of Alameda, and the County of Sonoma to create a two-year pilot project for the establishment of a FJC. This bill defines the FJC model in the law and expands the reach for whom services will be provided to include, not only victims of domestic violence, but also victims of officer-involved domestic violence, sexual assault, elder abuse, stalking, cyber-stalking, SB 557 (Kehoe) Page 1 cyber-bullying, and human trafficking. This bill also allows for the FJCs to be staffed by, among others, law enforcement, medical, social service, and child welfare personnel. This bill requires each FJC to develop policies and procedures to enhance the safety of the victims and professionals at the FJC and requires each family justice center to maintain an informed client consent policy and shall be in compliance with all state and federal laws protecting the confidentiality of the types of information and documents that may be in a victim's file, including, but not limited to, medical and legal records. Should the specified cities and counties opt to establish a FJC, there will be unknown, but major local costs for operation and the provision of services to FJC clients. Costs would be dependent on the number of clients, FJC procedures, staffing, and the availability and cost of local treatment and service providers. This bill requires the OPP in conjunction with the four pilot centers, the National Family Justice Center Alliance, and relevant stakeholders shall develop best practices to ensure the privacy of all family justice center clients and shall submit a report to the assembly committee on Judiciary and to the Senate Committee on Judiciary, no later than January 1, 2013, with recommendations. The OPP has indicated a cost of $62,000 as the lead agency to develop best practice privacy recommendations and coordination of the report to the Legislature. To reduce the costs of the bill, staff recommends an amendment to have the four pilot centers reduce the OPP to an advisory role over the development of best practices. The OPP has indicated reducing their involvement to oversight and review of the report would result in costs of approximately $17,000. Staff notes as part of the Administration's proposal to reduce state operations by eliminations and efficiencies, the May Revision proposes to eliminate the OPP within the State and Consumer Services Agency.