BILL ANALYSIS                                                                                                                                                                                                    Ó



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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.
           








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          Analysis Prepared by :    Sandy Uribe / PUB. S. / (916) 319-3744 


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