BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    SB 518        Hearing Date:         April 28, 2015
          
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          |Author:    |Leno                                                 |
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          |Version:   |April 20, 2015                                       |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|JM                                                   |
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            Subject:  Victims of Violent Crimes: Trauma Recovery Centers



          HISTORY

          Source:   Californians for Safety and Justice

          Prior Legislation:SB 71 (Budget and Fiscal Review) - Ch. 28,  
          Stats 2013

                         SB 733 (Leno) (2010) - died on Senate Floor

                         AB 1669 (Leno) - 2007, vetoed

                         AB 50 (Leno) - Ch. 884, Stats. 2006

                         AB 1768 (Committee on Public Safety) - 2005,  
          vetoed  



          Support:  California Catholic Conference; California Attorneys  
                    for Criminal Justice; University of California

          Opposition:None known

                                       PURPOSE









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          The purpose of this bill is to 1) to require the Victims  
          Compensation and Government Claims Board (board) to use the  
          evidence-based model developed by the University of California,  
          San Francisco, General Hospital Trauma Recovery Center (UCSF  
          TRC) when giving a grant to a Trauma Recovery Center (TRC); 2)  
          to require a TRC  receiving a grant to meet specified statutory  
          requirements and standards; 3) to establish the UCSF TRC as the  
          California Trauma Recovery Center of Excellence (TRC COE);  and  
          4) to require the board to complete an interagency agreement  
          with TRC COE in establishing core elements of an evidence-based  
          TRC.

          Existing law creates the Victims of Crime Program, administered  
          by the California Victim Compensation and Government Claims  
          Board ("CVCGCB"), 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).)



          Existing law provides that CVCGB shall enter into an interagency  
          agreement with the UCSF 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.  The section shall only be  
          implemented to the extent that funding is appropriated for that  
          purpose.  (Gov. Code § 13974.5.)

          Existing law includes the Safe Neighborhoods and Schools Act of  
          2014.  As relevant to this bill, the act does the following:

                 Reclassifies controlled substance felony and alternate  
               felony-misdemeanor crimes as misdemeanors, except for  
               defendants convicted of a sex offense, a specified drug  
               crime involving specified weight of volume of the drug, a  
               crime where the defendant used or was armed with a weapon,  









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               a homicide, solicitation of murder and any crime for which  
               the sentence is a life term.

                 Requires the Director of Finance, beginning in 2016, to  
               calculate the savings from the reduced penalties.

                 The Controller transfers the amount of savings  
               calculated by the Finance Director and transfers that  
               amount from the General Fund to the "Safe Neighborhoods and  
               Schools Fund.

                 The Controller then distributes the money in the fund  
               according to the following formula:

                  o         25% to the Department of Education for a grant  
                    program to public agencies to improve outcomes for  
                    kindergarten through high school students at risk of  
                    dropping out of school or are crime victims.
                  o         10% to the Victims of Crime Program to fund  
                    for grants to TRCs.
                  o         65% to the Board of State and Community  
                    Corrections for a grant program to public agencies for  
                    mental health and drug abuse treatment and diversion  
                    programs, with an emphasis on reducing recidivism.   
                    (Gov. Code § 7599-7599.2.)

          This bill includes the following legislative findings:

                 Systematic training, technical assistance and  
               standardized evaluations are necessary to ensure that all  
               new state-funded TRCs are evidence based, accountable,  
               clinically effective and cost-effective.

                 The creation of the Trauma Recovery Center of Excellence  
               (TR-COE) is intended to make TRC services meet these  
               standards

          This bill provides that the VCP shall use the evidence-based  
          Integrated Trauma Recovery Services (ITRS) model developed by  
          the UCSF in establishing and funding TRCs.  Programs using ITRS,  
          as modified to apply to different populations, shall do or  
          include the following:

                 Serve and make reach out to victims unable to access  









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               traditional services.  These include those who are  
               homeless, mentally ill, of diverse ethnicity, immigrants  
               and refugees, disabled, suffering from severe trauma and  
               psychological symptoms or issues, juveniles, including  
               juveniles who have been through the dependency or  
               delinquency systems.
                 Serve victims of a wide range of crimes, including  
               sexual assault and other forms of violence.
                 Use a structured evidence-based program of mental health  
               and support services for victims of violence and family  
               members of homicide victims. The services shall include  
               crisis intervention, case management, individual and group  
               treatment and shall be provided so as to increase access,  
               including providing services in the community and the homes  
               of clients.
                 Employ multidisciplinary, integrated trauma specialists  
               including psychiatrists, psychologists and social workers  
               who are licensed clinicians or engaged in supervised  
               completion of licensure.  Clinical supervision and support  
               shall be given to staff on a weekly basis.
                 Psychotherapy shall be provided by a single point of  
               client contact with a trauma specialist, with support from  
               the team and a collaboratively developed treatment plan.
                 Provide aggressive case management, including  
               accompanying clients to treatment appointments, community  
               appointments and court appearances.  Case management shall  
               include assisting clients in filing for victim  
               compensation, police reports, housing assistance and other  
               basic support needs.
                 Clients shall not be excluded from treatment solely on  
               the basis of "emotional or behavioral issues resulting from  
               trauma, such as drug abuse, serious anxiety or low initial  
               motivation.
                 TRC services shall incorporate established,  
               evidence-based practices, such as cognitive behavioral  
               therapy, dialectical behavior and cognitive processing.
                 TRC goals shall be to decrease psychological distress  
               and improve long-term positive outcomes.
                 Treatment shall be given for up to 16 sessions, with an  
               extension for those with a "primary focus on trauma" after  
               special consideration with a supervisor.  Extensions beyond  
               32 sessions shall require the approval of a clinical  
               steering group. 










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          This bill provides that, upon legislative appropriation, the  
          Victims Compensation Board (board) shall enter into an  
          interagency agreement with TRC of the Regents of the University  
          of California, San Francisco, to establish the UCSF TRC as the  
          State of California's Trauma Recovery Center of Excellence (TR-  
          COE).  The agreement shall require the following:

                 The board shall consult with the TR-COE in developing  
               language for grant application and criteria for reviewing  
               grants.
                 The TR-COE shall define an evidence-based practice.
                 The TR-COE shall assist the board in providing training  
               materials, technical assistance and provide ongoing  
               consultation with the board.
                 The TR-COE shall assist in designing a multisite  
               evaluation for TRCs.

          This bill provides that the University of California must agree  
          to these provisions through a resolution.




          







          COMMENTS

          1.Need for This Bill

          According to the author:

               By setting clear guidelines and providing training for  
               new TRCs, this bill will ensure that victims of crime  
               in California receive the comprehensive and timely  
               services they need in order to heal, and to avoid  
               negative economic consequences for themselves and  
               their communities.  The physical and psychological  
               trauma experienced by victims of crime requires early  









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               treatment and comprehensive care.  However, in  
               California today, victims and survivors of crime often  
               face significant hurdles in accessing the immediate  
               and comprehensive support needed to recover  
               adequately, and are often unaware that the state  
               offers assistance for certain health and support  
               services. 

               In order to address this pressing need, a grant  
               program to replicate the successful TRC pioneered by  
               UC San Francisco was created in 2013.  This program,  
               housed at the VCGCB, funds $2 million in grants  
               annually.  The TRC treatment model was developed in  
               2001 to address the multiple barriers victims face  
               recovering from crime, and utilizes a comprehensive,  
               flexible approach designed to meet the unique needs of  
               crime victims suffering from trauma.  TRCs utilize a  
               multidisciplinary staff to provide direct mental  
               health services and health treatment while  
               coordinating services with law enforcement and other  
               social service agencies, and all services are housed  
               less than one roof, with one coordinating point of  
               contact for the victim.

               The TRC model has proven to be extremely successful,  
               and since the grant program began, survivors of crime  
               who received services through the TRC saw significant  
               increases in health and wellness. 74% of those served  
               showed an improvement in mental health, and 51%  
               demonstrated an improvement in physical health.   
               People who receive services at the TRC are 56% more  
               likely to return to employment, 44% more likely to  
               cooperate with the district attorney, and 69% more  
               likely to generally cooperate with law enforcement.   
               All of these benefits are provided at a 33% lower cost  
               than traditional providers.

               The Legislative Analyst's Office (LAO) estimates  
               future additional funding for the TRC grant program at  
               anywhere between $10-20 million annually, stemming  
               from language in Proposition 47 of 2014 that directed  
               10% of the savings realized from the proposition to  
               this program.  Proposition 47 was passed by nearly 60%  
               of the California electorate, and the LAO has  









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               recommended that these savings be spent as effectively  
               as possible.  SB 518 will ensure just that, and is  
               consistent with the recommendations of the LAO in  
               their recent report "Improving State Programs for  
               Victims of Crime."

          2.Research About Victim Recovery and The Community-Wide Harm  
            Caused by Crime

          The concerns of victims have become increasingly recognized over  
          the past decades.  Penalties in a determinate sentencing system  
          like California's have been informed greatly by victim  
          advocates.  In addition, victim compensation has developed as an  
          important response to crime which is rooted in a growing  
          awareness of the impact of crime on victims.  

          The TRC model addresses what may be lacking in California's  
          current approach to victims - healing the harm that comes to  
          communities through the commission of crime.  (The Culture of  
          Control, Garland, Univ. of Chicago Press, 2001, pp. 11-12.)   
          Arguably, the TRC program demonstrates that harm to the specific  
          victim of a crime spreads through the community.  This is  
          especially true in relatively poor and marginal communities  
          where residents have limited access to, and perhaps some  
          discomfort with, 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.

          Recent research shows that crime can be seen as equivalent to a  
          disease process.<1>  Recent studies have even shown that public  
          health research methods can predict where and when violence will  






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          <1> http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2684449/












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          occur.<2> It is clear that crime, especially violent crime,  
          causes trauma and stress, which often leads to depression and  
          loss of employment, which in turn prevents crimes victim from  
          adequately caring for their families, which leads to truancy,  
          delinquency, illness and so on. <3>  Violent crime victims in  
          minimally functioning communities typically rely on retaliation,  
          not the justice system.  In broken communities with gang  
          problems, most residents do not trust the justice system.  Law  
          enforcement can be seen as an occupying or invading army, not a  
          source of protection.  Retaliation crimes create an increasing  
          cycle of violence.  The disease process spreads and essentially  
          metastasizes.   

          The study on Adverse Childhood Experiences (ACE) jointly  
          conducted by the Kaiser Foundation and the Centers for Disease  
          control interviewed 17,000 Kaiser patients from 1995-1997.<4>   
          The landmark study showed that childhood abuse, neglect and  
          exposure to trauma is clearly associated with a wide range of  
          physical and mental health problems throughout a person's life.  
          TRC programs can intervene or interrupt cycles of trauma and  
          harm that plague high-crime communities. 

                                      -- END -





          





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          <2>  
          http://msutoday.msu.edu/news/2012/homicide-spreads-like-infectiou 
          s-disease/

          <3> http://www.ncbi.nlm.nih.gov/books/NBK262831/

          <4> http://www.cdc.gov/violenceprevention/acestudy/findings.html