BILL ANALYSIS Ó
AB 2177
Page 1
Date of Hearing: April 12, 2016
Counsel: Sandra Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
AB
2177 (Maienschein) - As Amended March 17, 2016
As Proposed to be Amended in Committee
SUMMARY: Establishes the Victims of Crime Act Funding Advisory
Committee to assist the Office of Emergency Services (OES) in
distributing federal Victims of Crime Act (VOCA) funds.
Specifically, this bill:
1)Establishes the Victims of Crime Act Funding Advisory
Committee (advisory committee).
2)Requires OES to seek the recommendation of the advisory
committee regarding the distribution of federal VOCA funds
received by the state before making a distribution of any kind
of those funds.
3)Provides that the advisory committee shall be comprised of the
following 17 members:
a) One law enforcement representative to be appointed by
the Governor;
b) Eight crime victims (four appointed by the Governor, and
two each by the President Pro Tempore of the Senate and the
Speaker of the Assembly); and,
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c) Eight representatives from victims' services
organizations (four appointed by the Governor, and two each
by the President Pro Tempore of the Senate and the Speaker
of the Assembly).
4)States that the initial terms of membership on the advisory
committee is two years, and that members are eligible to be
reappointed twice.
5)Requires the advisory committee to select a chairperson from
its membership.
6)States that the members shall serve without compensation,
except that members who are crime victims shall receive per
diem.
7)Requires the advisory committee to meet twice a year, as
specified.
8)Requires the advisory committee to comply with the
Bagley-Keene Open Meeting Act.
EXISTING LAW:
1)Establishes the OES. (Gov. Code, § 8585, subd. (a)(1).)
2)Transferred the responsibilities of the now-defunct Office of
Criminal Justice Planning to the OES. (Pen. Code, § 13820,
subd. (a)(1).)
3)Authorizes OES to expend funds for local domestic violence
programs, subject to availability. (Pen. Code, § 13823.3.)
4)Establishes a Comprehensive Statewide Domestic Violence
Program administered by the OES in order to provide financial
and technical assistance to local domestic violence service
providers. (Pen. Code, § 13823.15, subd. (b).)
5)Requires OES to consult with an advisory council in
implementing the program. (Pen. Code, § 13823.15, subd. (c).)
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6)Establishes an appointed Domestic Violence Advisory Council
consisting of "experts in the provision of either direct or
intervention services to victims of domestic violence and
their children." (Pen. Code § 13823.16, subd. (a).)
7)Includes in the council's membership: domestic-violence
victims' advocates; battered-women service providers;
representatives of women's organizations; law enforcement; at
least one representative serving the lesbian, gay, bisexual,
and transgender communities; and other groups involved with
domestic violence. (Pen. Code § 13823.16, subd. (b).)
8)Requires the council and the OES to closely collaborate in
developing funding priorities, framing the request for
proposals, and soliciting proposals for domestic violence and
sexual assault/rape crisis grant programs. (Pen. Code §
13823.16, subd. (c).)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "Facilitating
public participation in the administration of governmental
programs is important to fulfilling the important goal of
government transparency. When the doors of government are open
and accessible to all, the efficacy of the programs it
administers better reflect the needs of everyday citizens who
stand to benefit from their administration.
"The federal Victims of Crime Act (VOCA) funds administered by
the Office of Emergency Services (OES) serve an exceedingly
important purpose: they bring important and needed victims
services to communities across the state where people have
suffered trauma and loss as a result of crime. Last year the
state of California was given over $230 million for
distribution to victim services programs across the state.
Current OES management of the VOCA funds includes use of a
steering committee made of organizational leaders that meet
privately and advise OES on both the grant application process
and which programs should receive grants. Missing from this
process are two important things: the voice of the people
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impacted by crime and a public, transparent process with a
venue for greater community input.
"Assembly Bill 2177 will create a VOCA Advisory Committee that
will be comprised of not just service providers but also the
very victims that VOCA funds are designed to serve. This body
will meet publicly to provide a venue for community and
stakeholder feedback that features the voice of survivors of
crime. Victims of crime report that one of the most important
parts of the healing process is the opportunity to be heard,
an opportunity that can only begin to be fully realized when
there is a venue, process and body that is representative of
the needs of crime victims themselves."
2)OES: "OES is primarily responsible for assuring the state's
readiness to respond to and recover from natural and man-made
emergencies. In addition, OES administers certain grant
programs, including most of the state's victim grant programs.
"The OES received responsibility for these programs in 2004-05,
which were previously under the jurisdiction of the Office of
Criminal Justice Planning (OCJP). When OCJP was eliminated,
most of its programs (including the various victim programs
below) were transferred to OES even though OES did not have
expertise in these program areas." (See The 2015-16 Budget:
Improving the State Programs for Crime Victims, Legislative
Analyst's Office, March 18, 2015, pp. 9-10,
< http://www.lao.ca.gov/reports/2015/budget/crime-victims/crime-
victims-031815.pdf .)
One of the grant programs administered by Cal OES is the federal
VOCA Formula Grant Program. The VOCA grant program provides
funding to states to support crime victim assistance programs
to do the following: 1) respond to the emotional and physical
needs of crime victims, 2) help primary and secondary victims
of crime stabilize their lives after a victimization, 3) help
victims to understand and participate in the criminal justice
system, and 4) provide victims of crime with a measure of
safety and security.
While OES receives federal VOCA funds yearly, in the Fiscal Year
2015 Budget, OES received a significantly increased award over
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recent annual awards. It was awarded $232.732 million.
This bill creates an advisory committee to give input on how
those funds should be disbursed.
3)Federal Requirements: Under the federal requirements, states
must commit a certain percentage of the funding to domestic
violence, child abuse, sexual assault, and underserved crime
victims. The remaining funds can be used to support other
crime victim assistance programs. VOCA assistance funds may
be used only for direct services to crime victims. Services
such as offender rehabilitation, criminal justice
improvements, and crime prevention activities cannot be
supported with VOCA assistance funds.
States competitively award VOCA funds to local community-based
organizations that provide services directly to victims of
crime. Each state has discretion to decide which
organizations will receive funding based upon the VOCA victim
assistance guidelines and the needs of crime victims within
the state.
This bill would allow crime victims and victim's services
providers to give input on how that discretionary spending
should be awarded.
4)Domestic Violence Advisory Council: "The mission of the
Domestic Violence Advisory Council (DVAC) is to collaborate
with the California Governor's Office of Emergency Services
(Cal OES) to ensure the safety and security of all Domestic
Violence victims through the development of policies,
procedures and priorities which promote effective and
accessible services for victims."
( http://www.calema.ca.gov/PublicSafetyandVictimServices/Pages/D
omestic-Violence-Advisory-Council-(DVAC).aspx.)
DVAC is composed of not more than 13 voting members and two
non-voting members. Seven of the voting members are appointed
by the Governor, three by the Speaker of the Assembly, and
three by the Senate Rules Committee. The two non-voting
members are members of the Legislature. At least half of the
council membership must consist of victims' advocates or
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domestic violence service providers. Legislative intent
expresses that membership on the council reflect the ethnic,
racial, cultural, and geographic diversity of the state,
including people with disabilities. (Pen. Code § 13823.16,
subd. (b).)
It is unclear whether the advisory council established in this
bill would work in conjunction with the DVAC, or whether the
advisory council would advise solely on other programs
unrelated to domestic violence.
5)Argument in Support: According to Californians for Safety and
Justice, the sponsor of this bill, "Under AB 2177, one-half of
the VOCA Advisory Committee will be composed of survivors of
crime - the same victims that VOCA funds are designed to
assist. The Committee will hold public hearings and make
recommendations to OES on the VOCA grant process, proposed
grant awards and other issues facing survivors. ?
"OES is currently overseeing the distribution of more than $230
million in funds that will provide critical services to
victims of crime across California. Advised by a steering
committee made up of organizational directors that does not
conduct public meetings, OES's existing process lacks
transparency, a meaningful opportunity for civic engagement
and most importantly - the direct voice of crime survivors. AB
2177 will create a public platform for input from victims of
crime and will make OES better informed on the needs and
issues facing the very people VOCA funds serve."
6)Related Legislation: AB 1802 (Chavez) expands the membership
of the Victims Compensation and Government Claims Board from
three to five members to include a victims' rights advocate
and a provider of victims' health services. AB 1802 is
pending hearing in the Assembly Appropriations Committee.
7)Prior Legislation:
a) AB 1547 (Gomez), Chapter 153, Statutes of 2014,
eliminated the sunset date for the DVAC, allowing it to
remain in effect indefinitely.
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b) SB 1895 (Escutia), Chapter 510, Statutes of 2002,
established the DVAC and required the Office of Criminal
Justice Planning to consult with the council in
administering domestic violence grants and programs.
REGISTERED SUPPORT / OPPOSITION:
Support
Californians for Safety and Justice (Sponsor)
California Catholic Conference
Opposition
None
Analysis Prepared
by: Sandy Uribe / PUB. S. / (916) 319-3744