BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1629| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 1629 Author: Bonta (D), et al. Amended: 8/19/14 in Senate Vote: 27 SENATE PUBLIC SAFETY COMMITTEE : 5-0, 6/17/14 AYES: Hancock, De León, Liu, Mitchell, Steinberg NO VOTE RECORDED: Anderson, Knight SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/14/14 AYES: De León, Hill, Lara, Padilla, Steinberg NO VOTE RECORDED: Walters, Gaines ASSEMBLY FLOOR : 79-0, 5/28/14 - See last page for vote SUBJECT : Victims of crime fund: reimbursement for peer violence recovery counseling SOURCE : Youth Alive DIGEST : This bill 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. ANALYSIS : Existing law: 1.States that all persons who suffer losses as a result of CONTINUED AB 1629 Page 2 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 specified requirements are met. 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 as specified. 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. 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 crime" to mean a nongovernmental organization that meets both of the following criteria: A. Its primary mission is to provide services to victims of violent crime. B. It provides programs or services to victims of violent crime and their families, and other programs, whether or CONTINUED AB 1629 Page 3 not a similar program exists in an agency that provides additional services. 1.Defines "violence peer counseling services" to mean counseling by a violence peer counselor for the purpose of rendering advice or assistance for victims of violent crime and their families. 2.Defines "violence peer counselor" to mean 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 meets all of the following requirements: A. 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. B. Completed a training program aimed at preparing an individual who was once a mental health services consumer to use his/her life experience with mental health treatment, combined with other strengths and skills, to promote the mental healthier recovery of other mental health services consumers who are in need of peer-based services relating to recovery as a victim of a violent crime. C. Possesses 40 hours of training on all of the following: (1) The profound neurological, biological, psychological, and social effects of trauma and violence. (2) Peace-building and violence prevention strategies, including, but not limited to, conflict mediation and retaliation prevention related to gangs and gang-related violence. (3) Post-traumatic stress disorder and vicarious trauma, especially as related to gangs and gang-related violence. (4) Case management practices, including, but not CONTINUED AB 1629 Page 4 limited to, ethics and victim compensation advocacy. A. When providing violence peer counseling services, requires supervision by a marriage and family therapist, a licensed educational psychologist, a clinical social worker or a licensed professional clinical counselor, as specified. 1.Sunsets these provisions January 1, 2017. FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee, 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. SUPPORT : (Verified 8/18/14) Youth Alive (source) AFSCME California Catholic Conference California Equity Leaders Network California Pan-Ethnic Health Network Californians for Safety and Justice Children's Defense Fund-California City of Oakland Crime Victims United of California National Network of Hospital-based Violence Intervention Programs PolicyLink San Francisco Wraparound Project Wellspace Health OPPOSITION : (Verified 8/18/14) Taxpayers for Improving Public Safety ARGUMENTS IN SUPPORT : According to the author: The California Attorney General has reported a 3% increase in CONTINUED AB 1629 Page 5 violent crime from 2011-2012. These statistics demonstrate the need to expand statewide efforts to curb violence. The 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. This bill 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; this bill removes a statutory barrier to achieving that objective. This bill provides 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. This bill is part of the recognition that all victims of violent crime deserve support and assistance. This bill is also a big step toward relieving our communities of the violence that plagues them. ARGUMENTS IN OPPOSITION : Taxpayers for Improving Public safety write, "Although there is no doubt that crime victims should to the extent possible be provided with whatever treatment will assist them in recovery from the trauma of crime, it is absolutely clear that the Victim Compensation Fund is not a reasonable source from which to seek reimbursement. At this time, for reasons which this committee should undertake a separate investigation, the Fund is bankrupt. The Board has been overly generous from the limited funding source, i.e., incarcerated and paroled individuals who at best earn minimum CONTINUED AB 1629 Page 6 wage and while incarcerated, earn pennies per hour." ASSEMBLY FLOOR : 79-0, 5/28/14 AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A. Pérez, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins NO VOTE RECORDED: Vacancy JG:e 8/18/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED