BILL ANALYSIS Ó
AB 1629
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Date of Hearing: April 9, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1629 (Bonta) - As Introduced: February 10, 2014
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill authorizes the California Victim and Government Claims
Board (board) to reimburse a crime victim or a derivative victim
for outpatient violence peer-counseling expenses.
Violence peer-counseling is defined as "counseling by a violence
peer counselor for the purpose of rendering advice or assistance
for victims of violent crime and their families." A violence
peer counselor is defined as "a provider of formal or informal
counseling," who has "at least 40 hours of specialized training
that includes, but is not limited to, applied peace building and
violence strategies?"
FISCAL EFFECT
The annual increase in payments for peer-counseling is unknown,
but based on the reimbursement rate of $15 per session with a
10-session limit, annual costs could exceed $150,000
(Restitution Fund/Federal Fund) if 1,000 victims of violent
crime qualified for reimbursement.
Currently only rape crisis centers provide reimbursable
peer-counseling, but the board notes there are few claims, as
rape crisis centers often receive federal Victims of Crime Act
grants, which makes them ineligible for state payments. Since
the sponsors of this bill are less likely to receive federal
grants for peer counseling, this bill would result in new and
increased costs.
Payments Restitution Fund/Federal Fund Revenue
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2014-15 $75 million (estimated)$130 million (projected)
2013-14 $75 million (estimated)$131 million (projected)
2012-13 $62 million $137 million
2011-12 $70 million $141 million
2010-11 $96 million $144 million
COMMENTS
1)Rationale . Sponsored by Youth Alive, an Oakland-based violence
prevention organization, the intent of the bill is to make
peer-counseling, as defined, a reimbursable benefit under the
state's Victim Compensation program. Current law provides
peer-counseling reimbursement only for sexual assault victims,
and only when provided through a rape crisis center by persons
with specialized rape crisis counseling skills.
The author contends expanding peer-counseling reimbursement to
include victims of violence will allow more organizations to
offer counseling to victims, and will increase the number of
victims receiving peer-counseling, thereby reducing the cycle
of victimization.
2)California Victim Compensation Program Background . The program
is a provider of last resort, with specified limits. In
2012-13, direct victims accounted for 70% of the payments. The
crimes most commonly involved: assault (40%), child abuse
(19%), sexual assault (9%), murder (9%) and robbery (4%). In
2012-13, the board received 54,115 applications. Of this
amount, about 35% was for medical expenses, 33% was for mental
health services, 12% was for loss of income, 10% was for
burial expenses, and 5% was for relocation.
To qualify for compensation, a person must be a victim of a
crime involving physical injury. For certain crimes, emotional
injury alone qualifies. Certain family members and loved ones
who suffer economic loss from an injury to a crime victim of a
crime may also be eligible for compensation (derivative
victims). In addition to being the victim of a qualifying
violent crime, applicants must also (a) be a California
resident or the victim of a crime that occurred in California;
(b) report the crime and cooperate during investigation and
prosecution; and (c) apply for compensation within three years
of the event.
Benefits covered: medical and dental treatment and equipment,
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mental health services, loss of income, funeral expenses, job
training, home and/or vehicle modifications, home security
modifications, relocation, and insurance co-pays.
Benefits not covered: expenses paid by insurance or another
source of reimbursement, expenses for lost, stolen or damaged
property, damages for pain and suffering.
3)Support . According to Youth Alive, "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 (sic). 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."
4)The Board has yet to take a position on this proposal.
5)Proposed peer-counseling qualifications could be strengthened .
While current law authorizes peer counseling payments only to
qualified rape crisis centers, this bill widens considerably
the definition of violence peer counselor to someone who has
at least 40 hours of training that includes, but is not
limited to, "applied peace building and violence prevention
strategies, practical applications of violence prevention
strategies, trauma-informed care, post-traumatic stress
disorder and vicarious trauma, victim compensation advocacy,
retaliation prevention and conflict mediation, and case
management practices."
The author may wish to consider amendments to clarify and
strengthen violence peer counselor qualifications while the
bill is on the Suspense File.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081
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