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 AB 1629 (Bonta) Page 1 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 AB 1629 (Bonta) Page 2 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 AB 1629 (Bonta) Page 3 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.