BILL ANALYSIS Ó AB 1629 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1629 (Bonta) As Amended August 21, 2014 2/3 vote ----------------------------------------------------------------- |ASSEMBLY: |79-0 |(May 28, 2014) |SENATE: |36-0 |(August 27, | | | | | | |2014) | ----------------------------------------------------------------- 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; AB 1629 Page 2 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 AB 1629 Page 3 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 AB 1629 Page 4 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 Page 5 Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0005433