BILL ANALYSIS                                                                                                                                                                                                    Ó







                      SENATE COMMITTEE ON PUBLIC SAFETY
                            Senator Loni Hancock, Chair              S
                             2013-2014 Regular Session               B

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          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
           




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          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).)




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           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;




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             §    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  




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          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:





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                 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  




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               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  




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               $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



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          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



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               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.







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          <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  


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          <5> http://www.apa.org/helpcenter/recovering-disasters.aspx
          <6> http://www.nctsn.org/about-us/history-of-the-nctsn
                                  










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             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  












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               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."


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          ---------------------------
          <7> Department of General Services.