BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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          |SENATE RULES COMMITTEE            |                       AB 1629|
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                                    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  
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            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  

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               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  

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                  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  

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          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  

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          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

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