BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1629
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          Date of Hearing:  March 25, 2014
          Counsel:       Sandy Uribe


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                 AB 1629 (Bonta) - As Introduced:  February 10, 2014
           
           
           SUMMARY  :  Authorizes the California Victim and Government Claims  
          Board to reimburse a crime victim or a derivative victim for  
          outpatient violence-peer-counseling expenses incurred.   
          Specifically,  this bill  :  

          1)Allows the board to reimburse for outpatient violence peer  
            counseling expenses to direct or derivative crime victims.

          2)Defines "service organization for victims of violent crimes"  
            as "a nongovernmental organization" meeting both of the  
            following criteria:

             a)   Has a primary mission of providing services to victims  
               of violent crime; and

             b)   Provides programs or services to victims of violent  
               crime and their families, and other programs, regardless of  
               whether a similar program exists in an agency that provides  
               additional services.

          3)Defines "violence peer counseling" as "counseling by a  
            violence peer counselor for the purpose of rendering advice or  
            assistance for victims of violent crime and their families."

          4)Defines "violence peer counselor" as "a provider of formal or  
            informal counseling services who is employed by a service  
            organization for victims of violent crime, whether financially  
            compensated or not, and who has had at least 40 hours of  
            specialized training, as specified.

           EXISTING LAW  : 

          1)States that all persons who suffer losses as a result of  
            criminal activity shall have the right to restitution from the  
            perpetrators.  (Cal. Const., art. I, § 28(b)(13).)








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          2)Requires the court, to order a criminal defendant to pay both  
            a restitution fine and restitution to the victim or victims,  
            if any, in addition to any other penalty provided or imposed  
            under the law.  (Pen. Code, § 1202.4, subd. (a)(3).)

          3)Establishes the Victim Compensation and Government Claims  
            Board (board) to operate the California Victim Compensation  
            Program.  (Gov. Code, § 13950 et. seq.)  

          4)Provides than an application for compensation shall be filed  
            with the board in the manner determined by the board.  (Gov.  
            Code, § 13952, subd.(a).)

          5)States that except as provided by specified sections of the  
            Government Code, a person shall be eligible for compensation  
            when all of the following requirements are met (Gov. Code, §  
            13955):

             a)   The person form whom compensation is being sought any of  
               the following:

               i)     A victim.

               ii)    A derivative victim.

               iii)    A person who is entitled to reimbursement for  
                 funeral, burial or crime scene clean-up expenses pursuant  
                 to specified sections of the Government Code.

             b)   Either of the following conditions is met:

               i)     The crime occurred within California, whether or not  
                 the victim is a resident of California.  This only  
                 applies when the VCGCB determines that there are federal  
                 funds available to the state for the compensation of  
                 crime victims. 

               ii)    Whether or not the crime occurred within the State  
                 of California, the victim was any of the following:

                  (1)       A California resident.  

                  (2)       A member of the military stationed in  
                    California.








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                  (3)       A family member living with a member of the  
                    military stationed in California.  

             c)   If compensation is being sought for derivative victim,  
               the derivative victim is a resident of California, or the  
               resident of another state who is any of the following:

               i)     At the time of the crimes was the parent,  
                 grandparent, sibling, spouse, child or grandchild of the  
                 victim.  

               ii)    At the time of the crime was living in the household  
                 of the victim.  

               iii)   At the time of the crime was a person who had  
                 previously lived in the house of the victim for a person  
                 of not less than two years in a relationship  
                 substantially similar to a previously listed  
                 relationship.  

               iv)    Another family member of the victim including, but  
                 not limited to, the victim's fiancé or fiancée, and who  
                 witnessed the crime.  

               v)     Is the primary caretaker of a minor victim, but was  
                 not the primary caretaker at the time of the crime.

             d)   And other specified requirements.

          6)Disqualifies certain individuals from eligibility, including a  
            participant in the crime for which compensation is being  
            sought, and persons convicted of a felony who are currently on  
            probation or parole.  (Gov. Code, § 13956.)

          7)Authorizes the board to reimburse for pecuniary loss for the  
            following types of losses (Gov. Code, § 13957, subd. (a)):

             a)   The amount of medical or medical-related expenses  
               incurred by the victim, subject to specified limitations.

             b)   The amount of out-patient psychiatric, psychological or  
               other mental health counseling-related expenses incurred by  
               the victim, as specified, including peer counseling  
               services provided by a rape crisis center.








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             c)   The expenses of non-medical remedial care and treatment  
               rendered in accordance with a religious method of healing  
               recognized by state law.

             d)   Compensation equal to the loss of income or loss of  
               support, or both, that a victim or derivative victim incurs  
               as a direct result of the victim's injury or the victim's  
               death, subject to specified limitations.

             e)   Cash payment to, or on behalf of, the victim for job  
               retraining or similar employment-oriented services.

             f)   The expense of installing or increasing residential  
               security, not to exceed $1,000, with respect to a crime  
               that occurred in the victim's residence, upon verification  
               by law enforcement to be necessary for the personal safety  
               of the victim or by a mental health treatment provider to  
               be necessary for the emotional well-being of the victim.

             g)   The expense of renovating or retrofitting a victim's  
               residence or a vehicle to make them accessible or  
               operational, if it is medically necessary.

             h)   Expenses incurred in relocating, as specified, if the  
               expenses are determined by law enforcement to be necessary  
               for the personal safety or by a mental health treatment  
               provider to be necessary for the emotional well-being of  
               the victim.

          8)Limits the total award to or on behalf of each victim to  
            $35,000, except that this amount may be increased to $70,000  
            if federal funds for that increase are available.  (Gov. Code,  
            § 13957, subd. (b).)

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "According to  
            the California Attorney General, there was a three percent  
            increase in violent crime from 2011-2012.  That three percent  
            increase represents an increase in services needed to heal  
            individuals, families, and communities where crime victims  
            live.  These statistics demonstrate the growing need for  








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            expanding statewide efforts to curb violence.

          "The California Victim Compensation Program received 54,115  
            applications for assistance in fiscal year 2012-2013.  Of that  
            54,000, greater than half -29,000- were requests for  
            assistance related to violent crimes excluding sexual assault.  
             These statistics reveal a need to offer violence prevention  
            and intervention services to help heal victims, families, and  
            communities damaged by violent crime.  Ending violent crime is  
            a clear priority and supporting victims of violent crime  
            should also be a major priority.

          "AB 1629 will support violence prevention efforts, helping  
            target populations receiving the benefits offered by victim's  
            compensation programs.  For example, victims of gun violence  
            often return to the same environment where they initially  
            became victims.  This return creates a cycle where victims are  
            constantly re-traumatized through experiencing the event over  
            and over.  Moreover, victims are also more likely to be  
            victimized again after returning to the location where the  
            violence occurred.  Hospital-based violence intervention  
            programs are proven to be effective in ending the trend; AB  
            1629 removes a statutory barrier to achieving that objective.

          "AB 1629 would provide reimbursement for a crime victim or  
            derivative victim for the amount of outpatient violence peer  
            counseling-related expenses incurred by the victim or  
            derivative victim, thereby providing equal access to services  
            for all victims of violent crime. This reimbursement is a  
            first step to curbing community violence and supporting  
            victims. 

          "Setting up a pay-for-service reimbursement for 'Violence  
            Intervention Specialists' would accomplish two things: (1)  
            Allow more organizations to offer intervention specialist  
            services to victims, and  (2) Increase the number of victims  
            receiving benefits, who can spread  awareness among victims  
            about the services offered.  AB 1629 is a huge step toward  
            recognizing that all victims of violent crime deserve support  
            and assistance.  AB 1629 is also a big step toward relieving  
            our communities of the violence that plagues them."

           2)Background  :  The board provides compensation for victims of  
            violent crime.  It reimburses eligible victims for many  
            crime-related expenses. Funding for the board comes from  








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            restitution fines and penalty assessments paid by criminal  
            offenders, as well as federal matching funds.  (See CVGCB Web  
            site .)

           3)Mental Health Services  :  Typically, the victim compensation  
            program covers individual, family, and group therapy necessary  
            as a direct result of the qualifying crime.  There are both  
            monetary and service limitations for mental health services.   
            A victim can obtain services from different types of mental  
            health providers, including:  licensed psychiatrists, licensed  
            or registered psychologists, licensed clinical social workers,  
            marriage family therapists, psychological assistants, licensed  
            professional clinical counselors, peer counselors, psychiatric  
            mental-health nurses, clinical nurse specialists, and certain  
            types of interns.  However, peer counseling is only available  
            to victims of sexual assault.   
            (.)

          This bill seeks to expand the availability of peer counseling to  
            all violent crime victims, not just victims of sexual assault.

           4)Peer Counseling  :  Peer counseling is "the process of giving  
            and receiving non-clinical assistance to achieve long-term  
            recovery from severe psychiatric, traumatic or addiction  
            challenges. This support is provided by peer supporters -  
            people who have 'lived experience' and have been trained to  
            assist others in initiating and maintaining long-term recovery  
            and enhancing the quality of life for individuals and their  
            families."  (See National Practice Guidelines for Peer  
            Supporters,  
            .) 

          The concept of peer counseling had its beginnings with the  
            establishment of Alcoholics Anonymous, which believed that  
            persons who had experienced the problem of alcoholism and  
            overcome it would be more effective in assisting others who  
            were trying to do the same.  The peer concept has grown over  
            the years to numerous settings and issues.  
           
           5)Argument in Support  :  According to  Youth Alive  , the sponsor of  
            this bill, "The Victim's Compensation Program is the largest  
            source of victim's benefits in California.  While CalVCP  
            offers benefits to a wide range of victims, there are  








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            shortcomings to the current system.  Victim's Compensation  
            funds are intended to be available for vulnerable individuals,  
            especially people who experience violence.  One way to address  
            the shortcomings of CalVCP is to ensure that programs  
            providing peer counseling to victims of violent crime are able  
            to request reimbursement for those services.  Under the  
            existing model, 'Intervention Specialists' providing  
            counseling to victims of domestic violence and sexual violence  
            are reimbursed.  Unfortunately, peer counseling for victims of  
            other violent crimes is also not reimbursed.  

          "AB 1629 would close a loophole in the law to ensure all  
            communities impacted by violence can continue to receive the  
            much needed benefits counseling from trusted sources.  AB 1629  
            builds on the intelligent, pioneering efforts of the domestic  
            violence movement, who first demonstrated the effectiveness of  
            non-clinic peer counseling as a model to provide victims of  
            violent crime and successfully lobbied for reimbursement for  
            peer counseling to become part of CalVCP."

           6)Argument in Opposition  :   Taxpayers for Improving Public Safety   
            states, "Although there is no doubt that crime victims should  
            to the extent possible be provided with whatever treatment  
            will assist them in recovery from the trauma of crime, it is  
            absolutely clear that the Victim Compensation Fund is not a  
            reasonable source from which to seek reimbursement.  At this  
            time, for reasons which this committee should undertake a  
            separate investigation, the Fund is bankrupt.  The Board has  
            been overly generous from a limited funding source, i.e.,  
            incarcerated and paroled individuals who at best earn minimum  
            wage and while incarcerated earn pennies per hour.

          "Before this committee considers expanding approved  
            expenditures, a source of payment for all of the approved  
            services must be identified.  In that the State will not make  
            a continuing guaranteed appropriation, this legislation should  
            be rejected pending an examination of the fiscal solvency of  
            the fund."

           7)Current Legislation  :  

             a)   AB 1911 (Patterson) shortens the time period in which  
               the board must approve or deny an application to within 30  
               calendar days of the date of acceptance, and also shortens  
               the time period in which the board must make disbursements  








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               of funds for emergency awards.

             b)   AB 2489 (Lowenthal) decreases fees for attorneys  
               representing victims before the board.

             c)   AB 2685 (Cooley) allows a representative of the board to  
               provide the probation department, district attorney, and  
               court with information relevant to the board's losses prior  
               to the imposition of a sentence.

           8)Prior Legislation  :  

             a)   SB 618 (Leno), Chapter 800, Statutes of 2013,  
               streamlines the process for compensating persons who have  
               been exonerated after being wrongfully convicted and  
               imprisoned.

             b)   AB 2809 (Leno), Chapter 587, Statutes of 2008, allowed a  
               minor who suffers emotional injury as a direct result of  
               witnessing a violent crime to be eligible for reimbursement  
               for the costs of outpatient mental health counseling if the  
               minor was in close proximity to the victim when he or she  
               witnessed the crime

             c)   AB 2869 (Leno), Chapter 582, Statutes of 2006, specified  
               that the provisions authorizing reimbursement for funeral  
               and burial expenses under existing law apply without  
               respect to any felon status of the victim.

             d)   AB 2729 (Wesson), of the 2001-2002 Legislative Session,  
               would have expanded mental health services to include  
               reimbursement for domestic violence peer counselors.  AB  
               2729 was vetoed.

             e)   AB 606 (Jackson) Chapter 584, Statutes of 1999,  
               authorized reimbursement of services provided by child life  
               specialists under specified circumstances, and added  
               benefits for relocation, residential security, home and  
               vehicle modification.


           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           








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          Youth Alive (Sponsor)
          California Catholic Conference of Bishops

           Opposition 
           
          Tax Payers for Improving Public Safety 
           

          Analysis Prepared by  :    Sandy Uribe / PUB. S. / (916) 319-3744