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: August 14, 2014
Consultant: Jolie Onodera
SUSPENSE FILE. AS AMENDED.
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 (as approved on August 14, 2014): Increase in
victim compensation payments potentially in excess of $150,000
(Special Fund*) for two years 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
AB 1629 (Bonta)
Page 1
monies from the Victims of Crime Act (VOCA). VOCA funds come
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
AB 1629 (Bonta)
Page 2
with mental health treatment, combined with other
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
AB 1629 (Bonta)
Page 3
due to declining penalty assessment revenues and increasing
administrative costs.
Author amendments:
Add a sunset date of January 1, 2017.
Require violence peer counselors to have specified
supervision when providing services.
Make other technical changes.