BILL ANALYSIS Ó SENATE COMMITTEE ON PUBLIC SAFETY Senator Loni Hancock, Chair S 2013-2014 Regular Session B 5 8 0 SB 580 (Leno) As Amended April 17, 2013 Hearing date: April 23, 2013 Government Code JM:mc TRAUMA RECOVERY CENTERS HISTORY Source: Californians for Safety and Justice Prior Legislation: SB 733 (Leno) - Vetoed AB 50 (Leno) - Ch. 884, Stats. 2006 AB 1768 (Committee on Public Safety) - Vetoed Support: California Hospital Conference; California Catholic Conference; Youth Law Center; Los Angeles Regional Reentry Partnership; California Protective Parents Association; California Crime Victims for Alternatives to the Death Penalty; Youth Law Center; California Hospital Association; American College of Emergency Physicians - California Chapter; City and County of San Francisco; Taxpayers for Improving Public Safety; County of San Bernardino; City of San Leandro Police Department Opposition:California District Attorneys Association; Crime Victims Action Alliance KEY ISSUE (More) SB 580 (Leno) PageB SHOULD THE CALIFORNIA VICTIMS COMPENSATION PROGRAM BE AUTHORIZED TO GIVE GRANTS TO TRAUMA RECOVERY CENTERS THAT PROVIDE COMPREHENSIVE, COORDINATED SERVICES FOR PERSONS RECOVERING FROM TRAUMA CAUSED BY VIOLENT CRIME? PURPOSE The purposes of this bill are to 1) authorize the California Victims Compensation and Government Claims Board, upon appropriation by the Legislature, to evaluate applications and award grants totaling up to $2 million to multi-disciplinary trauma recovery centers (TRC); 2) provide that a TRC receiving a grant shall meet specified criteria and provide services that include mental health, clinical case management, community-based outreach and coordination of care by psychiatrists, psychologists and social workers; 3) allow grants for a maximum of three years and require unused grant money to revert to the Restitution Fund; 4) allow a grant only if the fund's reserves are at least 25% of expenditures; 5) set a preference for centers that treat underserved victims, as specified; 6) require a TRC to comply with laws concerning federal matching funds; and 7) state legislative declarations and findings regarding the importance of providing comprehensive and coordinated treatment and services to victims of crime, as specified. Existing law creates the Victims of Crime Program, administered by the California Victim Compensation and Government Claims Board (board), to reimburse victims of crime for the pecuniary losses they suffer as a direct result of criminal acts. Indemnification is made from the Restitution Fund, which is continuously appropriated to the board for these purposes. (Gov. Code §§ 13950-13968.) Existing law authorizes reimbursement to a victim for "[t]he medical or medical related expenses incurred by the victim?." (Gov. Code § 13957, subd. (a)(1).) (More) SB 580 (Leno) PageC Existing law provides that the total award to or on behalf of each victim or derivative victim may not exceed $35,000, except that this amount may be increased to $70,000 if federal funds for that increase are available. (Gov. Code § 13957, subd. (b).) Existing law provides that board shall enter into an interagency agreement with the University of California, San Francisco to establish a recovery center for victims of crime at the San Francisco General Hospital for comprehensive and integrated services to victims of crime, subject to conditions set by the board. The University Regents must approve the agreement and the section shall only be implemented to the extent that funding is appropriated for that purpose. (Gov. Code § 13974.5.) This bill would authorize board to administer a program to evaluate applications and award grants to trauma recovery centers ("TRCs") that total no more than $2 million. A qualifying TRC would be required to meet the following criteria: The TRC shall demonstrate that it serves the community by, among other endeavors, making presentations and providing training on the identification and effects of violent crime to the following: o law enforcement; o community based agencies; and o health care providers. The TRC shall meet any related criteria required by the board. TRC services and resources shall include, but not be limited to, the following: § a multidisciplinary staff of clinicians; § mental health services; § case management; § assertive community outreach; (More) SB 580 (Leno) PageD § coordination of care among medical and mental health care providers, law enforcement and social services; § services to families and loved ones of homicide victims; and § services to juveniles who have come into contact with the juvenile dependency court or came within the terms of Welfare and Institutions Code Section 601. This bill provides that each center that receives a grant shall do the following: Report to the board annually about how funds were spent, the number of clients served, units of service, staff productivity, outcomes, and patient flow through evaluation and treatment. Comply with federal statutes and rules for federal reimbursement for services provided by the center. This bill would codify legislative declarations and findings concerning the importance of treatment and services for victims of crime, as specified. RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION For the last several years, severe overcrowding in California's prisons has been the focus of evolving and expensive litigation relating to conditions of confinement. On May 23, 2011, the United States Supreme Court ordered California to reduce its prison population to 137.5 percent of design capacity within two years from the date of its ruling, subject to the right of the state to seek modifications in appropriate circumstances. Beginning in early 2007, Senate leadership initiated a policy to hold legislative proposals which could further aggravate the prison overcrowding crisis through new or expanded felony prosecutions. Under the resulting policy known as "ROCA" (which stands for "Receivership/ Overcrowding Crisis Aggravation"), the Committee held measures which created a new felony, expanded the scope or penalty of an existing felony, or otherwise increased the application of a felony in a manner which could exacerbate (More) SB 580 (Leno) PageE the prison overcrowding crisis. Under these principles, ROCA was applied as a content-neutral, provisional measure necessary to ensure that the Legislature did not erode progress towards reducing prison overcrowding by passing legislation which would increase the prison population. ROCA necessitated many hard and difficult decisions for the Committee. In January of 2013, just over a year after the enactment of the historic Public Safety Realignment Act of 2011, the State of California filed court documents seeking to vacate or modify the federal court order issued by the Three-Judge Court three years earlier to reduce the state's prison population to 137.5 percent of design capacity. The State submitted in part that the, ". . . population in the State's 33 prisons has been reduced by over 24,000 inmates since October 2011 when public safety realignment went into effect, by more than 36,000 inmates compared to the 2008 population . . . , and by nearly 42,000 inmates since 2006 . . . ." Plaintiffs, who opposed the state's motion, argue in part that, "California prisons, which currently average 150% of capacity, and reach as high as 185% of capacity at one prison, continue to deliver health care that is constitutionally deficient." In an order dated January 29, 2013, the federal court granted the state a six-month extension to achieve the 137.5 % prisoner population cap by December 31st of this year. In an order dated April 11, 2013, the Three-Judge Court denied the state's motions, and ordered the state of California to "immediately take all steps necessary to comply with this Court's . . . Order . . . requiring defendants to reduce overall prison population to 137.5% design capacity by December 31, 2013." The ongoing litigation indicates that prison capacity and related issues concerning conditions of confinement remain unresolved. However, in light of the real gains in reducing the prison population that have been made, although even greater reductions are required by the court, the Committee will review each ROCA bill with more flexible consideration. The following questions will inform this consideration: (More) SB 580 (Leno) PageF whether a measure erodes realignment; whether a measure addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction; whether a bill corrects a constitutional infirmity or legislative drafting error; whether a measure proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy; and whether a bill addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy. COMMENTS 1. Need for This Bill According to the author: As with any serious health issue -- cancer, stroke, bodily injury -- early treatment is critical for a good outcome. Unfortunately, a report by the State Auditor confirmed that the state's current system of victim services fails to meet the critical needs of victims. Instead of rapid intervention, victims must 1) find out on their own that the State offers compensation for certain health and support services and then obtain those services, 2) victims must then navigate a highly bureaucratic paperwork process which requires them to produce as many as twelve documents for verifying agencies including police reports, tax returns, etc. before 3) beginning a waiting period - lasting up to 3 months or more - to find out whether their application for compensation from the VCGCB has been accepted. Our Broken System - Victim Compensation Program Facts from the CA State Auditor: Over a four year period the VCGCB decreased the (More) SB 580 (Leno) PageG amount of payments distributed to victims by 50%, from $123.9 million to $61.6 million. Despite a significant decline in payments, program costs have increased - LAO estimates that administrative spending accounted for $39 million, or about 31% of annual funding for 2006-07. 1 in 3 victims failed to receive their claim payments within 30 days, and nearly 30% of those paid and examined by the Auditor took longer than 90 days to be processed. Many victims are completely unaware of the existence of services due to the VCGCB's consistently poor community outreach (Report of the CA State Auditor, December, 2008). What Is The TRC Model? The TRC treatment model was developed in 2001 to address the multiple barriers to access within the state's current victim service system. The TRC model utilizes a comprehensive, flexible approach that integrates three modes of service - assertive outreach, clinical case management, and evidence-informed trauma-focused therapies. The TRC model meets the special needs of crime victims immediately following trauma by utilizing a multidisciplinary staff to provide direct mental health services and health treatment while coordinating services with law enforcement and other social service agencies all under one roof. Improved Victim Outcomes under the TRC Model Increased return to employment by 56%. Increased participation with law enforcement by 69%. Increased cooperation with District Attorneys by 44%. Provided more victim services at a lower rate - $66.81 per unit of service for the TRC as compared to (More) SB 580 (Leno) PageH $101.84 for VCGCB providers.<1> SB 580 takes an important step toward ensuring that more victims receive comprehensive, expert treatment as soon as possible by establishing a grant program which will allow the TRC model of streamlined, clinically cost effective rapid intervention to partner with the state's current model of document review and reimbursement. 2. Comprehensive Community Response to Crime It has become increasingly recognized that crime, particularly violent crime, causes harm to entire communities. (The Culture of Control, Garland, Univ. of Chicago Press, 2001, pp. 11-12.) The harm caused by violent crime may be especially pronounced in poor communities where residents have few financial resources and limited access to medical care and counseling. A victim who loses a job because he or she is too traumatized to work may be the sole support for more than one generation of relatives. Younger relatives of such victims may stop attending school and become delinquent. Untreated victims may seek retribution, especially those who live in areas where the police are not trusted. Retribution will lead to more victims. Untreated victims often turn to drugs and alcohol, which further damages the victim and his or her community. Gang research has established that gang crimes can best, or perhaps only, be stopped where the whole community becomes involved. Increased suppression of gangs through police action -when not combined with comprehensive community action - actually increases gang crime. (Klein and Maxson, Street Gang Patterns and Policies, Oxford Univ. Press, 2006.) The broken windows strategy in New York City was based on a theory that where communities are dysfunctional in everyday services and conditions, greater ills will result. Recent Dutch research has shown that the presence of graffiti and trash in a neighborhood promotes crime. (Graffiti Study Bolsters Broken Window Theory, LA Times, November 21, 2008.) --------------------------- <1> Data is from UCSF - San Francisco General Hospital (More) SB 580 (Leno) PageI Another recent study concluded that homicides can be assessed as an infectious disease.<2> The study found that homicides could be tracked and perhaps prevented through the same epidemiological methods and models used to study and prevent the spread of disease. The research described above suggests that treating victims of crime within a community context may do much more to heal communities and reduce crime than any programs or strategies that focus on offenders. In addition to treating individual victims, the TRC model seeks to address the harm caused to families and the community from violent crime. IN ADDITION TO PROVIDING COMPREHENSIVE CARE FOR INDIVIDUAL VICTIMS OF VIOLENT CRIME, COULD THE TRAUMA RECOVERY MODEL HELP LIMIT HARM TO COMMUNITIES CAUSED OR EXACERBATED BY VIOLENT CRIME? 3. A Developing Standard of Care for Trauma Victims Programs such as the TRC in San Francisco, the Center for Nonviolence and Social Justice at Drexel University in Philadelphia and other programs have shown the effectiveness of comprehensive and integrated care for trauma victims. Victims of violent crime have been recognized as particularly likely to suffer from Post Traumatic Stress Disorder, a syndrome or combination of symptoms and maladies that occur from the experience or exposure to severe trauma. The abstract<3> of an article in the Journal of Trauma and Acute Care Surgery noted as far back as 1998: The study of both short-term and long-term outcomes after major trauma has become an increasingly ---------------------- <2> http://www.npr.org/2012/12/06/166600403/can-murder-be-tracked-lik e-an-infectious-disease <3> http://journals.lww.com/jtrauma/Abstract/1998/08000/Multiple_Carp al_Bone_Fractures_in_an.18.aspx (More) SB 580 (Leno) PageJ important focus of injury research because of the improved survival rates attributable to the evolution of sophisticated trauma care systems. The Trauma Recovery Project (TRP) is a large prospective epidemiologic study designed to examine multiple outcomes after major trauma in adults aged 18 years and older, including quality of life, functional outcome, and psychologic sequelae such as depression and posttraumatic stress disorder (PTSD). Research on the effects of trauma and standardized treatments have continued to develop in recent years. The Centers for Disease Control and Kaiser Permanente in San Diego is conducting a very large, comprehensive and long-term study on the relationship between adverse childhood experiences (ACE) and negative health outcomes later in life. The study began in 1995 with more than 17,000 participants who will be assessed over their lifetimes. The Centers for Disease Control and Prevention states the following on its website: The ACE Study findings suggest that certain experiences are major risk factors for the leading causes of illness and death as well as poor quality of life in the United States. Progress in preventing and recovering from the nation's worst health and social problems is likely to benefit from understanding that many of these problems arise as a consequence of adverse childhood experiences.<4> The American Psychological Association website includes an article or note on managing traumatic stress. The article noted that reactions to traumatic stress often vary. However, the article recommended strategies for coping with traumatic stress that apply to many victims. (More) --------------------------- --------------------------- <4> http://www.cdc.gov/ace/ These include taking time to recover, communicating experiences, finding support services and groups - especially with trained professionals and creating positive experiences.<5> The United States Senate is considering a bill to reauthorize and extend the National Child Traumatic Stress Initiative (NCTSI<6>). The NCTSI concerns children and families exposed to a wide range of traumatic experiences including physical and sexual abuse; domestic, school, and community violence; natural disasters, terrorism, or military family challenges; severe bereavement and loss; and life-threatening injury and illness. 4. Audit of the Victims of Crime Program The December 2008 California State Auditor Report on the Victim Compensation Program The report included the following highlights: From fiscal years 2001-02 through 2004-05, program compensation payments decreased from $123.9 million to $61.6 million-a 50 percent decline. Despite the significant decline in payments, the costs to support the program have increased. These costs make up a significant portion of the Restitution Fund disbursements-ranging from 26 percent to 42 percent annually. The program did not always process applications and bills as promptly or efficiently as it could have. We noted staff took longer than 180 days to process applications in two instances out of 49, and longer than 90 days to pay bills for 23 of 77 paid bills we examined. The program's numerous problems with the transition to a new application and bill processing system led to a reported increase in complaints regarding delays in processing applications and bills. Some payments in CaRES appeared to be erroneous. Although --------------------------- <5> http://www.apa.org/helpcenter/recovering-disasters.aspx <6> http://www.nctsn.org/about-us/history-of-the-nctsn SB 580 (Leno) PageM board staff provided explanations for the payments when we brought the matter to their attention, the fact that they were unaware of these items indicates an absence of controls that would prevent erroneous payments. The board lacks the necessary system documentation for CaRES. There are no benchmarks, performance measures, or formal written procedures for workload management. Despite the board's efforts to increase awareness of the program, several victim witness assistance centers do not think the public is generally aware of program services. Further, the board has not established a comprehensive outreach plan. Victim Compensation and Government Claims Board Response to the Audit In a response letter to the audit report by the California State Auditor, the board stated: The audit finds, and we agree, the [board] can make improvements in processing time for applications and payments, developing specific verification procedures, and maintaining documentation. The [board] concurs with the recommendation to develop written procedures and time frames for the appeals process. A new procedure manual, as discussed below, will include this subject. The board's ability to process applications and pay bills in a timely manner is dependent upon the timely submittal of key information from verifying entities. To improve [receipt of] such information, the [board] plans to develop a new procedure manual, [with] specific direction to staff for processing applications and bills in CaRES. The manual will include specific time frames for follow up with non-responsive verifying entities. ? [T]he [board] has [told] ? service providers the importance of SB 580 (Leno) PageN prompt submittal of requested information to the board so that [payments can be timely processed]. Similarly, we are reaching out to law enforcement during our numerous law enforcement outreach seminars. (Victim Compensation and Government Claims Board: It Has Begun Improving the Victim Compensation Program, but More Remains to Be Done. California State Auditor Report 2008-113 at 70, 71 (December 2008).) 5. Victims of Crime Fund - Current Balance Issues Disagreements about the condition of the Victims of Crime Fund are common. Some of the confusion or disagreement about the fund can be traced to the fact that the cash balance in the fund does not reflect the payments the board has approved but not made, and payments and expense that the board anticipates it will need to pay over the months ahead. The Legislative Analyst (LAO) has noted in an e-mail to interested parties in 2012 "that there is a significant difference between the fund balance reported in the budget ($28.4 million at the end of 10-11, $19.3 million projected for the end of 11-12) and the cash balance reported by the Controller ($62.2 million as of 3/8/12). This was apparently due, at least in part, to an accounting error by DGS<7>, [with] whom the Board contracts with for accounting services. DGS has reviewed everything and has accounted for most if not all of the discrepancy." *************** --------------------------- <7> Department of General Services.