BILL ANALYSIS Ó
AB 1629
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CONCURRENCE IN SENATE AMENDMENTS
AB 1629 (Bonta)
As Amended August 21, 2014
2/3 vote
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|ASSEMBLY: |79-0 |(May 28, 2014) |SENATE: |36-0 |(August 27, |
| | | | | |2014) |
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Original Committee Reference: PUB. S.
SUMMARY : 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.
The Senate amendments :
1)Delete the provision stating that the peer counselor
supervision requirement is satisfied by employment in an
organization with a licensed counselor; and;
2)Make technical, nonsubstantive changes.
EXISTING LAW :
1)States that all persons who suffer losses as a result of
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)Authorizes the board to reimburse for pecuniary loss for the
following types of losses:
a) The amount of medical or medical-related expenses
incurred by the victim, subject to specified limitations;
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b) The amount of out-patient psychiatric, psychological or
other mental health counseling-related expenses incurred by
the victim, as specified, including peer counseling
services provided by a rape crisis center;
c) The expenses of non-medical remedial care and treatment
rendered in accordance with a religious method of healing
recognized by state law;
d) Compensation equal to the loss of income or loss of
support, or both, that a victim or derivative victim incurs
as a direct result of the victim's injury or the victim's
death, subject to specified limitations;
e) Cash payment to, or on behalf of, the victim for job
retraining or similar employment-oriented services;
f) The expense of installing or increasing residential
security, not to exceed $1,000, with respect to a crime
that occurred in the victim's residence, upon verification
by law enforcement to be necessary for the personal safety
of the victim or by a mental health treatment provider to
be necessary for the emotional well-being of the victim;
g) The expense of renovating or retrofitting a victim's
residence or a vehicle to make them accessible or
operational, if it is medically necessary; and,
h) Expenses incurred in relocating, as specified, if the
expenses are determined by law enforcement to be necessary
for the personal safety or by a mental health treatment
provider to be necessary for the emotional well-being of
the victim.
5)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.
AS PASSED BY THE ASSEMBLY , this bill:
1)Allowed the board to reimburse for outpatient violence peer
counseling expenses to direct or derivative crime victims.
2)Defined "service organization for victims of violent crimes"
as "a nongovernmental organization" meeting both of the
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following criteria:
a) Has a primary mission of providing services to victims
of violent crime; and,
b) Provided programs or services to victims of violent
crime and their families, and other programs, regardless of
whether a similar program exists in an agency that provides
additional services.
3)Defined "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."
4)Defined "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 meets specified requirements
related to training and experience, including:
a) At least six months of full-time equivalent experience
in providing peer support services;
b) A completed training program aimed at preparing an
individual who was once a mental health services consumer
to use life experience with mental health treatment,
combined with other skills, to promote the mental health
recovery of victims of violent crime; and,
c) Forty hours of training on the effects of violence and
trauma, peace building and violence-prevention strategies,
post-traumatic stress disorder and vicarious trauma, and
case management practice.
FISCAL EFFECT : 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.
COMMENTS : According to the author, "According to the California
Attorney General, there was a three percent increase in violent
crime from 2011-2012. That three percent increase represents an
increase in services needed to heal individuals, families, and
communities where crime victims live. These statistics
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demonstrate the growing need for expanding statewide efforts to
curb violence.
"The California Victim Compensation Program received 54,115
applications for assistance in fiscal year 2012-2013. Of that
54,000, greater than half - 29,000 - were requests for
assistance related to violent crimes excluding sexual assault.
These statistics reveal a need to offer violence prevention and
intervention services to help heal victims, families, and
communities damaged by violent crime. Ending violent crime is a
clear priority and supporting victims of violent crime should
also be a major priority.
"AB 1629 will support violence prevention efforts, helping
target populations receiving the benefits offered by victim's
compensation programs. For example, victims of gun violence
often return to the same environment where they initially became
victims. This return creates a cycle where victims are
constantly re-traumatized through experiencing the event over
and over. Moreover, victims are also more likely to be
victimized again after returning to the location where the
violence occurred. Hospital-based violence intervention
programs are proven to be effective in ending the trend; AB 1629
removes a statutory barrier to achieving that objective.
"AB 1629 would provide reimbursement for a crime victim or
derivative victim for the amount of outpatient violence peer
counseling-related expenses incurred by the victim or derivative
victim, thereby providing equal 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. AB 1629 is a huge step toward recognizing
that all victims of violent crime deserve support and
assistance. AB 1629 is also a big step toward relieving our
communities of the violence that plagues them."
Please see the policy committee analysis for a full discussion
of this bill.
AB 1629
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Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0005433