BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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          |SENATE RULES COMMITTEE            |                        SB 580|
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                                    THIRD READING


          Bill No:  SB 580
          Author:   Leno (D)
          Amended:  4/17/13
          Vote:     21


           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 4/23/13
          AYES:  Hancock, Anderson, Block, De León, Knight, Liu, Steinberg

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 5/23/13
          AYES:  De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg


           SUBJECT  :    Crime victims:  trauma recovery center grants

           SOURCE  :     Californians for Safety and Justice


           DIGEST  :    This bill authorizes the California Victim  
          Compensation and Government Claims Board (VCGCB) to administer a  
          grant program to award, upon appropriation of the Legislature,  
          up to $2 million annually to trauma recovery centers (TRCs), as  
          specified.

           ANALYSIS  :    

          Existing law:

          1.Creates the Victims of Crime Program, administered by the  
            VCGCB 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 VCGCB for these purposes.
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          2.Authorizes reimbursement to a victim for "the medical or  
            medical related expenses incurred by the victim."

          3.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.

          4.Provides that the VCGBC 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  
            VCGCB.  The University Regents must approve the agreement and  
            the section shall only be implemented to the extent that  
            funding is appropriated for that purpose.

          This bill:

          1.Authorizes the VCGCB to administer a program to evaluate  
            applications and award grants to TRCs.

          2.Authorizes the VCGCB to award grants of up to $2 million  
            annually and specifies grants must be funded solely from the  
            Restitution Fund.

          3.Provides that grant awards to TRCs must demonstrate that they  
            serve as a community resource by providing services, including  
            making presentations and providing training to law  
            enforcement, community-based agencies, and other health care  
            providers on the identification and effects of violent crime,  
            as well as any other related criteria required by the VCGCB.

          4.Authorizes the VCGCB to award a grant providing funding for up  
            to a maximum period of three years, with any unexpended funds  
            after the specified grant period reverting to the Restitution  
            Fund.  Prohibits TRCs from receiving more than one grant for  
            any period of time.

          5.Provides that the VCGCB shall not receive, evaluate, or  
            approve applications for TRC grants in a fiscal year unless  
            the Restitution Fund is projected to have a year-end fund  
            reserve equal to, or greater than, 25% of total budgeted  

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            expenditures for the fund, as projected in the January  
            Governor's budget.

          6.Provides that grants awarded to TRCs shall not result in a  
            year-end balance to the Restitution Fund of less than 25% of  
            total budgeted expenditures for the fund, as projected in the  
            January Governor's budget.

          7.Requires TRCs awarded grants to report to VCGCB annually on  
            how grant funds were spent, and in order to ensure federal  
            compliance governing federal matching funds for victims'  
            services, each TRC must submit forms and data as requested to  
            allow the VCGCB to receive the 60% federal matching funds for  
            eligible victim services and allowable expenses.

          8.Defines a "trauma recovery center" as a center that provides  
            all of the following resources, treatments, and recovery  
            services to crime victims:

             A.   Mental health services.

             B.   Assertive community-based outreach and clinical case  
               management.

             C.   Coordination of care among medical and mental health  
               care providers, law enforcement agencies, and other social  
               services.

             D.   Services to family members and loved ones of homicide  
               victims.

             E.   A multidisciplinary staff of clinicians that includes  
               psychiatrists, psychologists, and social workers.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee, annual costs  
          of up to $2 million from the Restitution Fund (Special Fund),  
          subject to appropriation by the Legislature and specific  
          Restitution Fund reserve thresholds, for grants to be awarded to  
          TRCs.  Increased administrative workload to VCGCB to develop  
          criteria for granting awards, monitor the use of grant funds,  
          and facilitate applications for federal matching grants.

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           SUPPORT  :   (Verified  5/23/13)

          Californians for Safety and Justice (source)
          American College of Emergency Physicians - California Chapter
          California Catholic Conference
          California Crime Victims for Alternatives to the Death Penalty
          California Hospital Association
          California Hospital Conference
          California Medical Association
          California Police Chiefs Association
          California Protective Parents Association
          City and County of San Francisco
          City of San Leandro Police Department
          County of San Bernardino
          Los Angeles Regional Reentry Partnership
          Taxpayers for Improving Public Safety
          Youth Law Center

           OPPOSITION  :    (Verified  5/23/13)

          California District Attorneys Association
          Crime Victims Action Alliance

           ARGUMENTS IN SUPPORT  :    Californians for Safety and Justice  
          writes:

               The results of TRC are astounding.  Survivors of crime who  
               received services through the TRC saw huge increases in  
               health and wellness - 74% show and improvement in mental  
               health, and 51% demonstrate an improvement in physical  
               health.

               These positive outcomes have other positive effects for  
               survivors of crime and their communities.  People who  
               receive services at the TRC are 56% more likely to return  
               to employment, contributing both to their families and  
               their communities.  The TRC also increases public safety,  
               as people who receive services are 44% more likely to  
               cooperate with the district attorney, and 69% more likely  
               to cooperate with law enforcement.  All this is provided at  
               approximately two-thirds the cost of traditional providers.

               The trauma recovery center model is a breakthrough in best  

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               practices to support victims of crime.  Through its  
               trauma-informed lens, one-stop center approach, victims and  
               survivors get quality comprehensive support.  It reduces  
               repeat victimization and saves public resources.

          ARGUMENTS IN OPPOSITION  :    The Crime Victims Action Alliance  
          writes:

               Though the Victim Compensation Fund has been able to  
               recover somewhat from the funds that were depleted by $80  
               million dollars in 2009 to help balance the state's budget,  
               it is still a fragile fund.  AB 109 has created some  
               challenges and unanswered questions for collecting  
               restitution and the immediate future of the fund is not  
               certain.

               SB 580 jeopardizes the current and long-term financial  
               stability of the State Restitution Fund by funding $2  
               million dollar grants to trauma centers.  The State  
               Restitution Fund is still in a very fragile state.  The  
               original intent of the State Restitution Fund is to provide  
               direct financial compensation to help victims obtain  
               assistance after becoming a victim of crime.  SB 580  
               undermines the original intent of the State Restitution  
               Fund and may place victims throughout the state in a  
               position of not being able to receive the assistance they  
               so desperately need.  
           

          JG:ej  5/23/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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