BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de León, Chair


          AB 1629 (Bonta) - Victim compensation: violence peer counseling  
          expenses.
          
          Amended: May 23, 2014           Policy Vote: Public Safety 5-0
          Urgency: No                     Mandate: No
          Hearing Date: June 30, 2014                             
          Consultant: Jolie Onodera       
          
          This bill meets the criteria for referral to the Suspense File.
          
          
          Bill Summary: AB 1629 would authorize the California Victim  
          Compensation and Government Claims Board (VCGCB) to reimburse a  
          crime victim or derivative victim for outpatient violence peer  
          counseling expenses, as specified.

          Fiscal Impact: Ongoing increase in victim compensation payments  
          potentially in excess of $150,000 (Special Fund*) annually based  
          on the current peer counseling rate of $15 per weekly session  
          for up to 10 weeks ($150 maximum per victim), assuming 1,000  
          victims served annually.

          Background: The Victim Compensation Program (CalVCP), which is  
          administered by the VCGCB, provides compensation for victims and  
          derivative victims (including spouses, domestic partners,  
          children, parents, legal guardians, siblings, grandparents, and  
          grandchildren) who suffer physical or emotional injury, or the  
          threat of physical injury, as a direct result of a violent  
          crime. Crimes covered by the program include domestic violence,  
          child abuse, sexual and physical assault, homicide, human  
          trafficking, robbery, and vehicular manslaughter.

          Subject to specified eligibility criteria, CalVCP compensates  
          eligible victims for various crime-related expenses that are not  
          covered by other sources. Services covered include medical and  
          dental care, mental health services, income loss, funeral  
          expenses, home security, rehabilitation and relocation. Funding  
          for the program is provided by the Restitution Fund, which  
          derives its revenue from restitution fines and orders, diversion  
          fees, and penalty assessments levied on persons convicted of  
          crimes and traffic offenses. CalVCP also receives federal grant  
          monies from the Victims of Crime Act (VOCA). VOCA funds come  








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          from penalties paid by offenders convicted of federal crimes. 

          Existing law authorizes the VCGCB to reimburse the amount of  
          outpatient peer counseling services provided by a rape crisis  
          center only if the provider of services has completed a  
          specialized course in rape crisis counseling skills development,  
          participates in continuing education in rape crisis counseling  
          skills development, and provides rape crisis counseling within  
          the State of California. Additionally, expenses for psychiatric,  
          psychological, or other mental health counseling-related  
          services may be reimbursed only if the services were provided by  
          specified individuals: a person licensed by the state to provide  
          those services, or who is properly supervised by a person who is  
          so licensed, subject to VCGCB's approval and subject to the  
          limitations and restrictions VCGCB may impose.

          Existing law provides that outpatient mental health counseling  
          expenses may be reimbursed in an amount up to $10,000 to victims  
          and derivative victims who are the surviving parent, sibling,  
          child, spouse fiancé, or fiancée of a victim of crime that  
          directly resulted in the death of the victim. Other derivative  
          victims may be reimbursed for counseling in an amount up to  
          $5,000. 

          Proposed Law: This bill would authorize the VCGCB to reimburse  
          victims and derivative victims for outpatient violence peer  
          counseling expenses, as follows:
               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.
               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 meet all of the  
              following requirements:
                  o         Possesses at least six months of full-time  
                    equivalent experience in providing peer support  
                    services acquired through employment, volunteer work,  
                    or as part of an internship experience.
                  o         Completed a training program aimed at  
                    preparing an individual who was once a mental health  
                    services consumer to use his or her life experience  
                    with mental health treatment, combined with other  








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                    strengths and skills, to promote the mental health  
                    recovery of other mental health services consumers who  
                    are in need of peer-based services relating to  
                    recovery as a victim of violent crime.
                  o         Possesses 40 hours of training on all of the  
                    following:
                       §             The profound neurological,  
                         biological, psychological, and social effects of  
                         trauma and violence.
                       §             Peace-building and violence  
                         prevention strategies, including but not limited  
                         to, conflict mediation and retaliation prevention  
                         related to gangs and gang-related violence.
                       §             Post-traumatic stress disorder and  
                         vicarious trauma, especially as related to gangs  
                         and gang-related violence.
                       §             Case management practices, including  
                         but not limited to, ethics and victim  
                         compensation advocacy.   

          Staff Comments: By expanding the list of victim services  
          eligible for CalVCP reimbursement to include violence peer  
          counseling, the provisions of this bill could result in  
          potential increases in victim compensation payments paid out to  
          victims and derivative victims. Based on five centers across the  
          state serving approximately 200 victims per year at each center  
          providing these services, costs for violence peer counseling  
          assuming the current CalVCP reimbursement rate for peer  
          counseling of $15 per weekly session for up to 10 weeks ($150  
          maximum per victim), would cost about $150,000 (Special Fund*)  
          annually. The VCGCB has indicated the existing reimbursement  
          rates are outdated and rarely used, so to the extent the  
          counseling rates would need to be revised to reflect updated  
          costs would result in costs proportionally higher than those  
          cited using existing rates.

          In FY 2012-13, of the $83.4 million in claims paid out to  
          victims, $65.8 million was paid through direct payments to  
          victims and $13.4 million was paid through compacts with local  
          agencies. The Governor's Budget projects a Restitution Fund  
          balance of $71.6 million for FY 2013-14 and $61.7 million for FY  
          2014-15. Staff notes that while the Fund is projected to have a  
          considerable balance, the Fund continues to operate at a deficit  
          due to declining penalty assessment revenues and increasing  








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          administrative costs.
          
          Recommended Amendments: Existing law provides that expenses for  
          psychiatric, psychological, or other mental health  
          counseling-related services, which would include violence peer  
          counseling under the provisions of this measure, may be  
          reimbursed only if the services were provided by either of the  
          following individuals:
               A person who would have been authorized to provide  
              services pursuant to former Article I (Sec. 13959) as it  
              read on January 1, 2002, or,
               A person who is licensed by the state to provide those  
              services, or who is properly supervised by a person who is  
              so licensed, subject to the Board's approval and subject to  
              the limitations and restrictions the Board may impose.

          While the bill provides a definition for a violence peer  
          counselor who will provide the new violence peer counseling  
          benefit, it is unclear if the violence peer counselors, as  
          defined, would meet the broader requirement for reimbursement  
          eligibility under existing law for service providers who must be  
          licensed or supervised by someone so licensed.