BILL ANALYSIS                                                                                                                                                                                                    Ó







                     SENATE COMMITTEE ON PUBLIC SAFETY
                           Senator Loni Hancock, Chair              A
                            2013-2014 Regular Session               B

                                                                    1
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         AB 1629 (Bonta)                                            9
         As Amended May 23, 2014 
         Hearing date:  June 17, 2014
         Government Code
         JM:sl

                                VICTIMS OF CRIME FUND:

                 REIMBURSEMENT FOR PEER VIOLENCE RECOVERY COUNSELING  


                                       HISTORY

         Source:  Youth Alive

         Prior Legislation: AB 2809 (Leno) Ch. 587, Statutes of 2008
         AB 2869 (Leno) Ch. 582, Statutes of 2006
                      AB 2413 (Spitzer) Ch. 571, Stats. 2006
                      AB 105 (Cohn) Ch. 539, Stats. 2006
                      SB 972 (Poochigian) Ch. 238, Stats. 2005
                      SB 631 (McPherson) Ch. 223, Stats. 2004
                      SB 1423 (Chesbro) Ch. 1141, Stats. 2002
                      AB 2898 (Bowler) Ch. 1077, Stats. 1996

         Support:  American Federation of State, County and Municipal  
                   Employees, AFL-CIO; California Catholic Conference of  
                   Bishops; Californians for Safety and Justice; Children's  
                   Defense Fund, California; Crime Victims United of  
                   California; National Network of Hospital-based Violence  
                   Intervention Programs; Mayor of the City of Oakland;  
                   Oakland City Council; PolicyLink; San Francisco  
                   Wraparound Project; WellSpace Health

         Opposition:Taxpayers for Improving Public Safety











                                                             AB 1629 (Bonta)
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         Assembly Floor Vote:  Ayes 79 - Noes 0



                                        KEY ISSUES
          
         SHOULD THE VICTIMS OF CRIME PROGRAM BE DIRECTED TO REIMBURSE  
         SPECIFIED VICTIMS OF VIOLENT CRIME FOR ELIGIBLE PEER VIOLENCE  
         RECOVERY COUNSELING?

         SHOULD PEER VIOLENCE COUNSELING REIMBURSEMENT BE CONSIDERED MENTAL  
         HEALTH TREATMENT, INCLUDING FOR REIMBURSEMENT LIMITS? 

         SHOULD PEER VIOLENCE COUNSELORS ELIGIBLE FOR COMPENSATION MEET  
         SPECIFIED TRAINING AND EXPERIENCE REQUIREMENTS?


                                       PURPOSE

         The purpose of this bill is to 1) authorize or direct the Victims  
         Compensation and Government Claims Board  to reimburse specified  
         victims for peer violence counseling from eligible programs; and  
         2) require that peer violence counselors eligible for board  
         compensation have six months of violence recovery counseling  
         experience and complete 40 hours of training in the conditions  
         afflicting victims of violence, techniques for assisting in  
         recovery by victims and case management.

          Existing law  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).)

          Existing law  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).)
          
          Existing law  establishes the Victims Compensation and Government  
         Claims Board (VCGCB or board) to operate the California Victim  
         Compensation Program (CalVCP).  (Gov. Code, § 13950 et. seq.)  

          Existing law  provides than an application for compensation shall  


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         be filed with VCGCB in the manner determined by the board.  (Gov.  
         Code, § 13952, subd. (a).)

          Existing law  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:

                The person from whom compensation is being sought any of  
              the following:
                 o         A victim;
                 o         A derivative victim; or,
                 o         A person who is entitled to reimbursement for  
                   funeral, burial or crime scene clean-up expenses  
                   pursuant to specified sections of the Government Code.

          Either of the following conditions is met:
                 o         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; or, 

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

                      §              A California resident;
                      §              A member of the military stationed in  
                        California; or,
                      §              A family member living with a member  
                        of the military stationed in California.  

                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:
                 o         At the time of the crimes was the parent,  
                   grandparent, sibling, spouse, child or grandchild of the  
                   victim;  
                 o         At the time of the crime was living in the  
                   household of the victim;  
                 o         At the time of the crime was a person who had  
                   previously lived in the house of the victim for a person  


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                   of not less than two years in a relationship  
                   substantially similar to a previously listed  
                   relationship;
                      §              Another family member of the victim  
                        including, but not limited to, the victim's fiancé  
                        or fiancée, and who witnessed the crime; or,  
                      §              Is the primary caretaker of a minor  
                        victim, but was not the primary caretaker at the  
                        time of the crime.  (Gov. Code, § 13955.)

          Existing law  defines the term "derivative victim" as a person who  
         was one of the following at the time of the crime:

                A parent, grandparent, sibling, spouse, child or  
              grandchild of the victim;
                A person living in the household of the victim;
                A person who previously lived in the victim's household  
              for not less than two years in a relationship substantially  
              similar to that of a family member described in the first  
              bullet point, above;
                One who was another kind of family member - such as fiancé  
              or fiancée and witnessed the crime; or,
                The primary caretaker of a minor who was the crime victim.  
               (Gov. Code § 13955, subd. (c)(1)-(5).)

          Existing law  authorizes VCGCB to reimburse for pecuniary loss for  
         the following types of losses (Gov. Code, § 13957, subd. (a)):

                The amount of medical or medical-related expenses incurred  
              by the victim, subject to specified limitations;
                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;
                The expenses of non-medical remedial care and treatment  
              rendered in accordance with a religious method of healing  
              recognized by state law;
                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;
                Cash payment to, or on behalf of, the victim for job  


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              retraining or similar employment-oriented services;
                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;
                The expense of renovating or retrofitting a victim's  
              residence or a vehicle to make them accessible or  
              operational, if it is medically necessary; and,
                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.

          Existing law  limits reimbursement for outpatient mental health  
         counseling, including peer counseling provided by a rape crisis  
         center, to either $10,000 or $5,000, depending on the category of  
         claimant.

                $10,000 maximum mental health treatment reimbursement is  
              available for the following claimants:
                 o         A victim;
                 o         A derivative victim who is the surviving parent,  
                   child, sibling, fiancé or fiancée of a victim who died  
                   as a result of the crime; and,
                 o         A derivative victim who is the primary caretaker  
                   of a minor victim, with specified requirements and  
                   exception.

                $5,000 maximum mental health treatment reimbursement is  
              available for the following claimants:
                 o         A derivative victim who is not eligible for the  
                   $10,000 maximum reimbursement;
                 o         A specified derivative victim if mental health  
                   treatment is necessary;
                 o         A victim of unlawful sexual intercourse, as  
                   defined in Penal Code Section 261.5; and,
                 o         A minor who suffers emotional injury because he  
                   or she witnessed a violent crime and who is not  
                   otherwise eligible for reimbursement.  (Gov. Code §  


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                   13957.)

          Existing law  provides that "the board may establish maximum rates  
         and service limitations for reimbursement of medical and medical  
         related services and for mental health and counseling services"  
         below the maximum rates in statute.  (Gov. Code § 13957.2.) 

          Existing law  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).)

          Existing law  requires the board to pay an approved claim for  
         medical or mental health services within 90 days of approval.   
         Where the board determines that payments to a provider will be  
         discontinued, notice must be given to the provider within 30  
         calendar days.  (Gov. Code § 13957.2, subd. (c).)

          Existing law  states that an application shall be denied if VCGCB  
         finds that the victim or derivative victim failed to cooperate  
         reasonably with law enforcement.  However, in determining whether  
         cooperation was reasonable, VCGCB shall consider the victim's or  
         derivative victim's age, physical condition, and psychological  
         state, cultural or linguistic barriers and compelling health and  
         safety concerns.  These concerns include but not limited to,  
         reasonable fear of retaliation or harm jeopardizing the well-being  
         of the victim, victim's family, derivative victim or derivative  
         victim's family.  (Gov. Code, § 13956, subd. (b)(1).)

          Existing law  provides that a domestic violence claim may not be  
         denied solely because the victim did not make a police report.   
         The board shall adopt guidelines to consider and approve domestic  
         violence claims based on evidence other than a police report.  The  
         evidence may include, but is not limited to, relevant medical or  
         mental health records, or the fact that the victim has obtained a  
         temporary or permanent restraining order. (Gov. Code, § 13956,  
         subd. (b)(2).)

          Existing law  states that an application for a claim based on human  
         trafficking, as defined, of the Penal Code may not be denied  
         solely because no police report was made by the victim. VCGCB  
         shall adopt guidelines that allow the board to consider and  


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         approve applications for assistance based on human trafficking  
         relying upon evidence other than a police report to establish that  
         a human trafficking crime, as defined, has occurred.  That  
         evidence may include any reliable corroborating information  
         approved by the board, including, but not limited to, the  
         following (Gov. Code, § 13956, subd. (b)(3).):

                A Law Enforcement Agency Endorsement was issued, as  
              specified; or, 
                A human trafficking caseworker has attested by affidavit  
              that the individual was a victim of human trafficking.

          Existing regulations  provide that a victim has the burden to prove  
         that a crime for which compensation may be paid occurred.  Medical  
         or mental health records may not be sufficient to prove the crime  
         occurred. (2 CCR § 649.38)

          Existing regulations  provide the following as concerns the  
         responsibility of victims to cooperate with law enforcement:

              (a) A victim or derivative victim shall reasonably  
              cooperate with any law enforcement agency in its  
              investigation of the qualifying crime and the  
              apprehension and prosecution of any person involved in  
              the qualifying crime;

              (b) A victim or derivative victim who knowingly and  
              willingly failed to reasonably cooperate with a law  
              enforcement agency in the investigation of the  
              qualifying crime and the apprehension and conviction of  
              any person involved in the qualifying crime is not  
              eligible for assistance;

              (c) A victim or derivative victim who initially  
              cooperated with a law enforcement agency as required by  
              subsection (a), and was determined to be eligible for  
              assistance, and subsequently knowingly and willingly  
              failed to cooperate with a law enforcement agency, may  
              be found eligible for assistance only during the period  
              the victim or derivative victim cooperated with a law  
              enforcement agency. ?(e) Cooperation with a law  
              enforcement agency includes, but is not limited to:


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              (1)    reporting the qualifying crime;

              (2)    completely and truthfully responding to requests  
                for information in a timely manner;

              (3)    cooperating with identifying and apprehending any  
                person involved in the qualifying crime; and,

              (4)    testifying in all proceedings, including  
                restitution proceedings, as required.  
                (2 CCR § 649.59.)

          Existing law  provides that a sexual assault services program  
         (SASP) , including a rape crisis center, that is eligible for a  
         grant from the California Emergency Management Agency (Cal EMA)  
         shall provide the following services:

                Crisis intervention 24 hours a day, every day;
                Follow-up counseling;
                In person counseling, individual or group;
                Accompaniment services;
                Information and referrals for victims and the public;
                Community education presentations; and,
                Rape prevention and self-defense programs.  (Pen. Code §  
              13837, subd. (a).)

          This bill  allows the board to reimburse for outpatient violence  
         peer counseling expenses to direct or derivative crime victims.

          This bill  defines "service organization for victims of violent  
         crimes" as "a nongovernmental organization" meeting both of the  
         following criteria:

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




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         This bill  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."

          This bill  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" who has met specified requirements  
         and standards.
          
          This bill  provides that a violence peer counselor shall meet the  
         following requirements:

                The counselor must have at least six months of full-time  
              equivalent experience providing peer support services  
              acquired through employment, volunteer work, or an  
              internship;
                He or she must have completed a training program for  
              preparing a former mental health services consumer to use his  
              or her life experience with mental health treatment, combined  
              with other strengths and skills, to promote the recovery of  
              other mental health services consumers in need of peer-based  
              services for recovery from violent crime; and,
                The training shall consist of 40 hours of training on all  
              of the following:
                 o         Profound neurological, biological,  
                   psychological, and social effects of trauma and  
                   violence;
                 o         Peace-building and violence prevention,  
                   including, but not limited to, conflict mediation and  
                   retaliation prevention related to gangs and gang-related  
                   violence;
                 o         Post-traumatic stress disorder and vicarious  
                   trauma, especially as related to gangs and gang-related  
                   violence; and,
                 o         Case management practices, including, but not  
                   limited to, ethics and victim compensation advocacy.

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION



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         For the last several years, severe overcrowding in California's  
         prisons has been the focus of evolving and expensive litigation  
         relating to conditions of confinement.  On May 23, 2011, the  
         United States Supreme Court ordered California to reduce its  
         prison population to 137.5 percent of design capacity within two  
         years from the date of its ruling, subject to the right of the  
         state to seek modifications in appropriate circumstances.   

         Beginning in early 2007, Senate leadership initiated a policy to  
         hold legislative proposals which could further aggravate the  
         prison overcrowding crisis through new or expanded felony  
         prosecutions.  Under the resulting policy, known as "ROCA" (which  
         stands for "Receivership/ Overcrowding Crisis Aggravation"), the  
         Committee held measures that created a new felony, expanded the  
         scope or penalty of an existing felony, or otherwise increased the  
         application of a felony in a manner which could exacerbate the  
         prison overcrowding crisis.  Under these principles, ROCA was  
         applied as a content-neutral, provisional measure necessary to  
         ensure that the Legislature did not erode progress towards  
         reducing prison overcrowding by passing legislation, which would  
         increase the prison population.   

         In January of 2013, just over a year after the enactment of the  
         historic Public Safety Realignment Act of 2011, the State of  
         California filed court documents seeking to vacate or modify the  
         federal court order requiring the state to reduce its prison  
         population to 137.5 percent of design capacity.  The State  
         submitted that the, ". . .  population in the State's 33 prisons  
         has been reduced by over 24,000 inmates since October 2011 when  
         public safety realignment went into effect, by more than 36,000  
         inmates compared to the 2008 population . . . , and by nearly  
         42,000 inmates since 2006 . . . ."  Plaintiffs opposed the state's  
         motion, arguing that, "California prisons, which currently average  
         150% of capacity, and reach as high as 185% of capacity at one  
         prison, continue to deliver health care that is constitutionally  
         deficient."  In an order dated January 29, 2013, the federal court  
         granted the state a six-month extension to achieve the 137.5 %  
         inmate population cap by December 31, 2013.  

         The Three-Judge Court then ordered, on April 11, 2013, the state  
         of California to "immediately take all steps necessary to comply  
         with this Court's . . . Order . . . requiring defendants to reduce  


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         overall prison population to 137.5% design capacity by December  
         31, 2013."  On September 16, 2013, the State asked the Court to  
         extend that deadline to December 31, 2016.  In response, the Court  
         extended the deadline first to January 27, 2014, and then February  
         24, 2014, and ordered the parties to enter into a meet-and-confer  
         process to "explore how defendants can comply with this Court's  
         June 20, 2013, Order, including means and dates by which such  
         compliance can be expedited or accomplished and how this Court can  
         ensure a durable solution to the prison crowding problem."       

         The parties were not able to reach an agreement during the  
         meet-and-confer process.  As a result, the Court ordered briefing  
         on the State's requested extension and, on February 10, 2014,  
         issued an order extending the deadline to reduce the in-state  
         adult institution population to 137.5% design capacity to February  
         28, 2016.  The order requires the state to meet the following  
         interim and final population reduction benchmarks:

                143% of design bed capacity by June 30, 2014;
                                                                                    141.5% of design bed capacity by February 28, 2015; and,
                137.5% of design bed capacity by February 28, 2016. 

         If a benchmark is missed the Compliance Officer (a position  
         created by the February 10, 2016 order) can order the release of  
         inmates to bring the State into compliance with that benchmark.  

         In a status report to the Court dated May 15, 2014, the state  
         reported that as of May 14, 2014, 116,428 inmates were housed in  
         the State's 34 adult institutions, which amounts to 140.8% of  
         design bed capacity, and 8,650 inmates were housed in out-of-state  
         facilities.   

         The ongoing prison overcrowding litigation indicates that prison  
         capacity and related issues concerning conditions of confinement  
         remain unresolved.  While real gains in reducing the prison  
         population have been made, even greater reductions may be required  
         to meet the orders of the federal court.  Therefore, the  
         Committee's consideration of ROCA bills -bills that may impact the  
         prison population - will be informed by the following questions:

                Whether a measure erodes realignment and impacts the  
              prison population;


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                Whether a measure addresses a crime which is directly  
              dangerous to the physical safety of others for which there is  
              no other reasonably appropriate sanction; 
                Whether a bill corrects a constitutional infirmity or  
              legislative drafting error; 
                Whether a measure proposes penalties which are  
              proportionate, and cannot be achieved through any other  
              reasonably appropriate remedy; and,
                Whether a bill addresses a major area of public safety or  
              criminal activity for which there is no other reasonable,  
              appropriate remedy.

                                      COMMENTS

         1. Need for This Bill  

         According to the author:

              The California Attorney General has reported a three  
              percent increase in violent crime from 2011-2012.  These  
              statistics demonstrate the need to expand statewide  
              efforts to curb violence.  The California Victim  
              Compensation and Government Claims Board's Victims of  
              Crime Program (board) received 54,115 applications for  
              assistance in fiscal year 2012-2013.  Of those greater  
              than half -29,000- were related to violent crimes,  
              excluding sexual assault.  Ending violent crime and  
              supporting victims of violent crime should be major  
              priorities for the state.



              AB 1629 will support violence prevention efforts,  
              targeting those eligible for benefits offered by the  
              board.  For example, victims of gun violence often  
              return to the environment where the crime occurred.   
              This return creates a cycle where victims are constantly  
              traumatized by experiencing the event over and over.   
              Moreover, victims are also more likely to be victimized  
              again in the place where the violence occurred.    
              Hospital-based violence intervention programs are proven  
              to be effective in ending the trend; AB 1629 removes a  


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              statutory barrier to achieving that objective.

              AB 1629 would provide reimbursement for a crime victim  
              or derivative victim for outpatient violence peer  
              counseling expenses, thereby providing greater and more  
              equitable 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 part of the recognition 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.  Basic Purpose and History of the Victims of Crime Program

         The victims' compensation program (CalVCP) in the Victims  
         Compensation and Government Claims Board (board) was created in  
         1965, the first such program in the country<1>.  VCGCB provides  
         compensation for victims of violent crime.  It reimburses  
         eligible victims for many crime-related expenses.  Funding for  
         the board comes from restitution fines and penalty assessments  
         paid by criminal offenders, as well as federal matching funds.  

         The other core function of the board is to review claims  
         against the state and request payment of claims by the  
         Legislature in annual legislation.  A person must present a  
         claim for damages against the state to the board before  
         filing a lawsuit.<2>
          
          3.  Crime Victim Reimbursement Statutes are Likely very Difficult  
           for Lay Victims to Understand  
          
          The crime victim reimbursement statutes are extremely layered and  
         complex.  A victim or "derivative" victim of a crime faces a  
         daunting task in determining how much reimbursement is available  
         -----------------------------
         <1> http://www.vcgcb.ca.gov/board/
         <2> http://www.vcgcb.ca.gov/claims/

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         for what level or amount of services.  A victim must negotiate a  
         relatively complex application process.  The board may request  
         additional documentation.  The victim must then typically wait  
         many months for a ruling on the application and payment of  
         reimbursement.  A victim might well wish to have an attorney,  
         victim-witness program, trauma recovery center or other source  
         assist him or her in the claim process.
          
          4.  Reimbursement for Mental Health Services Through the Victims of  
           Crime Fund  

         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<3> to victims of sexual  
         assault who obtain services from a rape crisis center - formally  
         described as a sexual assault services program (SASP) - as defined  
         in Penal Code Section 13837.  Peer sexual assault counseling is  
         generally not reimbursed through payments by the board, however.   
         Peer sexual assault programs generally receive block grant funding  
         under the federal Victims of Crime Act (VOCA), as disbursed  
         through Cal EMA.  Unlike the board, VOCA money is not used to  
         reimbursement victims for fees paid to service providers on a  
         per-session basis.  The board cannot provide reimbursement to an  
         entity that has another source of funding, as the board is  
         intended to be a funding source of last resort for crime victims.   
         (Gov. Code 13951, subd. (e).)  

         Further, as the board receives substantial funding from VOCA,  
         other entities that receive VOCA money through Cal EMA would be  
         prohibited from essentially double dipping by receiving board  
         -----------------------------
         <3>  
         http://www.vcgcb.ca.gov/providers/mental.aspx#reimbursableproviders 


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         payments that are significantly drawn from VOCA funding and that  
         would otherwise be used for services to other victims.<4>   Thus,  
         the board has been authorized to provide reimbursement for peer  
         sexual assault counseling only in a very limited number of cases.   


         5.  Peer Counseling - Background  

         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."<5>  

         6.  Issues Concerning Training and Experience of Peer Counseling  

         It appears that the bill does not fully explain the kind of  
         training that is required or acceptable for peer violence  
         counselors.  Further, the bill does not specify what entity or  
         person verifies the peer counselor's training or competence.   
         Similar questions could be raised about peer sexual assault  
         counselors.  However, the Penal Code section stating the  
         requirements funding of a SASP are sufficiently detailed so as to  
         likely provide a level of competence for peer counselors in most  
         SASP programs.   In contrast with peer counselors, licensed  
         therapists - clinical psychologists, clinical social workers, and  
         marriage and family therapists - have extensive academic and  
         clinical training and are subject to oversight and discipline by a  
         state agency.

         The bill also does not clearly provide or indicate how the board  
         would determine or confirm that a peer violence counselor meets  
         the training and experience requirements in this bill.  If the  
         board must confirm that a victim is seeking reimbursement for  
         services from a qualified peer counselor, approval and payment of  
         -----------------------------
         <4> http://www.ovc.gov/voca/vaguide.htm
         <5>(See National Practice Guidelines for Peer Supporters,  
         <  http://na4ps.files.wordpress.com/2012/09/nationalguidelines1.pdf  >. 
         ) 


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         claims could be delayed.  The claims system has been prone to  
         delays for many years.  Additional delays could be a hardship on  
         victims.  

         The limited expertise and training of peer counselors could be  
         problematic if a victim engages in peer counseling who should be  
         receiving clinical care.  This problem may be balanced by the  
         benefit 
         of peer counseling to a victim of violent crime who would not  
         otherwise receive any counseling or care.   

         7.  Peer Violence Counseling is Reimbursed as Mental Health  
           Treatment, but at a Rate of $15 for no more than 10 Sessions  

         Peer counseling is considered mental health treatment for purposes  
         of determining maximum monetary reimbursement and number treatment  
         sessions.  Peer counseling reimbursement would thus reduce the  
         money available for expert clinical care.  However, the board has  
         authority to set and reduce reimbursement rates below the limits  
         set in statute.<6>  The rate of reimbursement for peer counseling  
         is $15 per session for no more than 10 sessions - a maximum of  
         $150.  Thus, reimbursement for peer counseling would not likely  
         reduce the ability of a victim to obtain clinical services, unless  
         rates for peer counseling are substantially increased.  
















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         -----------------------------
         <6> In 2011, the board reduced reimbursement rates 10% for most  
         services due to concerns over the balance in the Restitution Fund.  
          The reductions are still in effect.  The rates for peer  
         counseling were not reduced.  









         Further, the board may only reimburse victims for services and  
         other costs directly related to or flowing from the crime.  The  
         peer violence counseling programs described in this bill will  
         provide a wide array of other services - such as violence  
         prevention - that are not likely reimbursable by the board.  This  
         could complicate accounting for the organizations in order to seek  
         reimbursement for authorized services only.  

         8.  Audit of the Victims of Crime Program  

         2008 California State Auditor Report on the Victim Compensation  
         Program
         
         The Bureau of State Audit (BSA) report in 2008 included the  
         following highlights:

          From fiscal years 2001-02 through 2004-05, program compensation  
           payments decreased from $123.9 million to $61.6 million-a 50  
           percent decline.  Despite the significant decline in payments,  
           the costs to support the program increased.
          Administrative costs make up a significant portion of the  
           Restitution Fund disbursements-ranging from 26 percent to 42  
           percent annually.
          The program did not always process applications and bills as  
           promptly or efficiently as it could have.  Board staff took  
           longer than 180 days to process applications in two instances  
           out of 49, and longer than 90 days to pay bills for 23 of 77  
           paid bills.
          The board did not adequately investigate alternative sources of  
           funding for victim reimbursement, such as insurance and public  
           aid.
          The program's numerous problems with the transition to a new  
           application and bill processing system led to a reported  
           increase in complaints regarding delays in processing  
           applications and bills.
          Some payments in CaRES<7> appeared to be erroneous.  Although  
           board staff provided explanations for the erroneous payments,  
           the fact that they were unaware of these items indicated an  
           absence of controls that would prevent erroneous payments.
          The board lacks the necessary system documentation for CaRES.


         ----------------------------
         <7> Claim review computer system.









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          There are no benchmarks, performance measures, or formal  
           written procedures for workload management.

         2010 Update and Progress Report 
         
         In 2010, BSA found that the program had partially corrected five  
         of the problems noted in the audit and corrected five others.  The  
         BSA urged the board to continue correcting the problems noted in  
         the report.  For example:

          The board reduced administrative costs, but processing times  
           for claims had increased.
          The board increased collections, but it had not determined  
           whether outreach programs had been successful and satisfaction  
           with the program had increased.  
          The board implemented better training program for employees  
           who examined claims submitted by crime victims.
          The board developed an inventory monitoring system and set  
           performance benchmarks.  The monitoring should improve  
           identification and understanding of eligibility requirements.
          Board training includes an emphasis on alternative funding  
           sources
          The board did complete a chapter on appeals of denials in its  
           manual.
          The board did improve its use of the CaRES computer system.   
           However, claims were still more quickly processed in the local  
           agencies with which the board contracts.

         It appears that the BSA has not issued a progress report or update  
         on the program since 2010.  It is not clear what the board has  
         done to address the issues raised in the BSA audit since that  
         time.  Many, if not most, of these issues affect the ability of  
         the board to timely and adequately compensate victims, including  
         the ability to compensate elderly and dependent adult victims of  
         fraud.  The issues will also be addressed in the Appropriations  
         Committee.

         HAS THE VICTIM COMPENSATION PROGRAM CONTINUED TO ADDRESS ISSUES  
         RAISED IN THE 2008 REPORT BY THE STATE AUDITOR?


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