BILL ANALYSIS Ó
AB 1629
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ASSEMBLY THIRD READING
AB 1629 (Bonta)
As Amended May 23, 2014
2/3 vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Melendez, |Ayes:|Gatto, Bigelow, |
| |Jones-Sawyer, Quirk, | |Bocanegra, Bradford, Ian |
| |Skinner, Stone, Waldron | |Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Holden, Jones, Linder, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Weber |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Authorizes the California Victim Compensation and
Government Claims Board (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
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informal counseling services who is employed by a service
organization for victims of violent crime, whether financially
compensated or not" and who meets specified requirements
related to training and experience, including:
a) At least six months of full-time equivalent experience
in providing peer support services;
b) A completed training program aimed at preparing an
individual who was once a mental health services consumer
to use life experience with mental health treatment,
combined with other skills, to promote the mental health
recovery of victims of violent crime; and,
c) Forty hours of training on the effects of violence and
trauma, peace building and violence-prevention strategies,
post-traumatic stress disorder and vicarious trauma, and
case management practice.
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.
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.
3)Establishes the board to operate the California Victim
Compensation Program.
4)Provides than an application for compensation shall be filed
with the board in the manner determined by the board.
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
a) The person form whom compensation is being sought any of
the following:
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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 board 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.
(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.
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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.
7)Authorizes the board to reimburse for pecuniary loss for the
following types of losses
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.
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.
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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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, authorizes the California Victim and Government
Claims Board (board) to reimburse a crime victim or a derivative
victim for outpatient violence peer-counseling expenses.
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.
COMMENTS : 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 expanding statewide efforts to
curb violence.
"The California Victim Compensation Program received 54,115
applications for assistance in fiscal year 2012-2013. Of that
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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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
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