BILL ANALYSIS Ó SB 1404 Page 1 Date of Hearing: June 28, 2016 ASSEMBLY COMMITTEE ON HEALTH Jim Wood, Chair SB 1404 (Leno) - As Amended May 31, 2016 SENATE VOTE: 39-0 SUBJECT: Victims of violent crimes: trauma recovery centers. SUMMARY: Recognizes the Trauma Recovery Center at San Francisco General Hospital, University of California, San Francisco (UCSF TRC) as the State Pilot Trauma Recovery Center (State Pilot TRC), and requires the California Victims Compensation and Government Claims Board (CVCGC Board) to use the model developed by the State Pilot TRC when it establishes additional trauma recovery centers. Specifically, this bill: 1)Recognizes the UCSF TRC as the State Pilot TRC, and requires the CVCGC Board to use the Integrated Trauma Recovery Services (ITRS) model developed by the State Pilot TRC when it selects, establishes, and implements trauma recovery centers. 2)Requires all ITRS programs funded through the Safe Neighborhoods and Schools Fund (SNS Fund) to do all of the following: SB 1404 Page 2 a) Provide outreach and services to crime victims who typically are unable to access traditional services, including, but not limited to, victims who are homeless, chronically mentally ill, members of immigrant and refugee groups, disabled, who have severe trauma-related symptoms or complex psychological issues, are of diverse ethnicity or origin, or are juvenile victims, including minors who have had contact with the juvenile dependency or justice system; b) Serve victims of a wide range of crimes, including, but not limited to, victims of sexual assault, domestic violence, battery, crimes of violence, vehicular assault, human trafficking, as well as family members of homicide victims; c) Offer a structured evidence-based program of mental health and support services that provide victims with services that include intervention, individual and group treatment, medication management, substance abuse treatment, case management, and assertive outreach. Requires this care to be provided in a manner that increases access to services and removes barriers to care for victims of violent crime, such as providing services to a victim in his or her home, in the community, or other locations that may be outside the agency; d) Be comprised of a staff that includes a multidisciplinary team of integrated trauma clinicians made up of psychiatrists, psychologists, and social workers. Requires a trauma clinician to be either a licensed clinician or a supervised clinician engaged in completion SB 1404 Page 3 of the applicable licensure process, and requires clinical supervision and other supports to be provided to staff regularly to ensure the highest quality of care and to help staff constructively manage vicarious trauma they experience as providers to victims of violent crime; e) Offer psychotherapy and case management that is coordinated through a single point of contact for the victim, with support from an integrated multidisciplinary trauma treatment team. Requires all treatment teams to collaboratively develop treatment plans in order to achieve positive outcomes for clients; f) Deliver services that include assertive case management. Requires these services to include, but not be limited to, accompanying a client to court proceedings, medical appointments, or other community appointments as needed, case management services such as assistance in the completion and filing of an application for assistance to the California Victims' Compensation Program, the filing of police reports, assistance with obtaining safe housing and financial entitlements, providing linkages to medical care, providing assistance securing employment, working as a liaison to other agencies, law enforcement, or other supportive service providers as needed; g) Ensure that no person is excluded from services solely on the basis of emotional or behavioral issues resulting from trauma, including, but not limited to, substance abuse problems, low-initial motivation, or high levels of anxiety; h) Adhere to established, evidence-based practices, including, but not limited to, motivational interviewing, SB 1404 Page 4 harm reduction, seeking safety, cognitive behavioral therapy, dialectical behavior, and cognitive processing therapy; i) Maintain as a primary goal a decrease in psychosocial distress, minimize long-term disability, improve quality of life, reduce the risk of future victimization, and promote post-traumatic growth; and, j) Provide holistic and accountable services that ensure treatment will be provided for up to 16 sessions. For those with ongoing problems and a primary focus on trauma, permits treatment to be extended after special consideration with the clinical supervisor. Requires extension beyond 32 sessions to be approved by a clinical steering and utilization group that considers the client's progress in treatment and remaining need. 3)Requires the CVCGC Board to enter into an interagency agreement with the Trauma Recovery Center of UCSF to establish the State Pilot TRC as California's Trauma Recovery Center of Excellence (TR-COE), and requires this agreement to require: a) The TR-COE to define the core elements of the evidence-based practice; b) The CVCGC Board to consult with the TR-COE in the replication of the integrated trauma recovery services approach; SB 1404 Page 5 c) The TR-COE to assist by providing training materials, technical assistance, and ongoing consultation to the CVCGC Board and to each center to enable the grantees to replicate the evidence-based approach; and, d) The TRE-COE to assist in evaluation by designing a multisite evaluation to measure adherence to the practice and effectiveness of each center. 4)Prohibits the CVCGC Board from spending more than 5% of the total funds it receives from the SNS Fund on an annual basis for administrative costs. 5)Requires the CVCGC Board to annually report to the Legislature on the funding received from the SNS Fund with a detailed summary of the programs funded by the moneys allocated to it. 6)Specifies that these provisions do not apply to the University of California unless the Regents pass resolution agreeing to do so. 7)Requires the CVCGC Board to create an advisory committee to advise it on matters pertaining to the administration of funds SB 1404 Page 6 designated for use at TRCs. 8)Provides the advisory committee with the authority to make recommendations to the CVCGC Board related to regulations governing funds for TRCs that are administered by the CVCGC Board, and to make recommendations on the criteria for awarding grants to TRCs. 9)Requires the advisory committee to be composed of the following: a) One representative from each TRC in California; b) Three services providers who are experts in the field of trauma recovery services, each representing a distinct geographic region with the state, including at least one provider who has significant experience in providing services to rural communities; and, c) Three people who have previously received or are current recipients of services from a TRC. 10)Requires the advisory committee to convene public hearings for the purpose of acting on any of the authority delegated to it by this bill, and requires all meetings of the advisory committee to be publicly noticed and a record of those hearings maintained. 11)Prohibits anything in this bill from prohibiting, limiting, SB 1404 Page 7 or otherwise preventing the CVCGC Board from consulting with additional experts in the performance of its duties. 12)Eliminates a provision that restricted the CVCGC Board from awarding a TRC more than one grant for any period of time. 13)Makes various legislative findings and declarations, including that the TRC at San Francisco General Hospital is an award-winning, nationally recognized program, and that by creating the TR-COE, it is the intent of the Legislature that these services will be delivered in a clinically effective and cost-effective manner, and that the victims of crime in California will have increased access to needed services. EXISTING LAW: 1)Establishes the CVCGC Board within the Government Operations Agency, comprised of three members: the Secretary of the Government Operations Agency, the State Controller, and a Governor's appointee. 2)Requires the CVCGC Board to administer a program to evaluate applications and award grants to trauma recovery centers (TRCs), and states the intent of the Legislature to provide an annual appropriation of $2 million for these grants. 3)Permits the CVCGC Board to award a grant providing for up to a SB 1404 Page 8 maximum of three years, and is permitted to award consecutive grants to a TRC to prevent a lapse in funding, but is prohibited from awarding a TRC more than one grant for any period of time. 4)Establishes, through the passage of Proposition 47 in 2014, the Safe Neighborhoods and Schools Act, which is intended to ensure that prison spending is focused on violent and serious offenses, to maximize alternatives for non-serious, non-violent crime, and to invest the savings generated from this Act into prevention and support programs in K-12 schools, victim services, and mental health and drug treatment. 5)Establishes the Safe Neighborhoods and School Fund (SNS Fund) for carrying out the purposes of Proposition 47, and requires that by August 15 of each fiscal year, the Controller disburse moneys deposited into the SNS Fund as follows: 25% to the Department of Education to improve outcomes for pupils by reducing truancy and supporting students who are at risk of dropping out or are victims of crime; 10% to the CVCGC Board to make grants to TRCs to provide services to victims of crime; and, 65% to the Board of State and Community Corrections, to administer a grant program to public agencies, as specified. FISCAL EFFECT: According to the Senate Appropriations Committee: 1)Administrative costs: Annual costs of $925,000 (Special Fund*/General Fund**) to the CVCGC Board to review and SB 1404 Page 9 evaluate TRC grant applications, facilitate advisory committee activities, secure an evaluation contractor (potentially UC) and submit annual reports to the Legislature. Administrative costs payable from the SNS Fund would be limited to five percent of the SNS Fund funds received annually. 2)TRC grants: Major future grant awards in the millions of dollars (Special Fund*/General Fund**) annually provided to TRCs meeting specified criteria, including the potential for the issuance of multiple awards to a single TRC with overlapping grant periods. In addition to the $2 million annual appropriation from the Restitution Fund, the LAO has projected annual disbursements from the SNS Fund to the CVCGC Board in the range of $10 million to $20 million to fund TRC grants. The Restitution Fund is structurally imbalanced. In light of the dedicated funding source for TRCs provided by Proposition 47 (2014), removal or reduction of the annual appropriation from the Restitution Fund may be considered in the future. 3)University of California (TR-COE) activities: To the extent the UC resolves to enter into the agreement, significant ongoing costs (Private/Local Fund/Federal Fund/Special Fund*) to comply with the requirements of the agreement including but not limited to providing training materials, ongoing consultation to the CVCGC Board and TRCs, and designing a multisite evaluation to measure effectiveness of TRCs. Staff notes the use of SNS Fund funds awarded as TRC grants may not be allowable for the aforementioned activities to the extent the activities do not "provide services to victims of crime," but are considered administrative in nature. *Restitution Fund SB 1404 Page 10 ** Safe Neighborhoods and Schools Fund (annual transfer from the General Fund) COMMENTS: 1)PURPOSE OF THIS BILL. According to the author, this bill creates clear guidelines for the provision of TRC services administered by the CVCGC Board, and that by setting clear guidelines and bolstering training for new trauma recovery centers, 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 author states that survivors of crime who received services through the TRC saw significant increases in health and wellness, for example 74% of those served showed an improvement in mental health, and 51% demonstrated an improvement in physical health. The author contends that TRC services have also improved community engagement and public safety, pointing out that 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. 2)BACKGROUND. a) TRCs. TRCs are centers that directly assist victims in coping with a traumatic event (such as by providing mental health care and substance use treatment). For example, victims may receive weekly counseling sessions with a licensed mental health professional at a TRC for a specified amount of time. The centers also sometimes help victims connect with other services provided in their community and by the state. While some of the TRCs existed before receiving grants from CVCGC Board, the board first began funding TRCs in 2001 with a grant to the San Francisco TRC. Since then, three other TRCs have also SB 1404 Page 11 received state funding-one in Long Beach and two in Los Angeles. Currently, CVCGC Board provides a total of $2 million annually in grants to four TRCs located in San Francisco, Long Beach, and two in Los Angeles. b) Legislative Analyst's Report. In March of 2015, the Legislative Analyst's Office released a report "Improving State Programs for Crime Victims" (LAO report). According to the LAO report, if appropriately structured, TRCs can provide a wide array of services to victims at a single location and can complement existing victim programs. The LAO recommended that the Legislature structure the TRC grants to ensure the funds are spent in an effective and efficient manner and to require the evaluation of TRC grant recipients and their outcomes. The LAO also recommended that the Legislature adopt statutory changes to allow TRCs to have formally recognized victim advocates, which would allow TRCs to have trained staff that can represent victims in their application for victim compensation funds, which would likely increase the approval rate. The LAO also recommended prioritizing TRC grants to regions that do not have a TRC, noting that there are many victims who do not have access to a TRC because they do not live in Los Angeles or San Francisco. Beginning in 2016-17, funding for TRCs will increase significantly as a result of Proposition 47, passed by voters in November 2014. Proposition 47 reduces the penalties for certain crimes, which will result in state savings, mainly by reducing the number of inmates in state prisons. Under the measure, these savings will be deposited into a special fund with 10% of the funds provided to CVCGC Board for TRCs. The LAO estimates that Proposition 47 funding for TRCs will likely total between $10 million and $20 million annually beginning in 2016-17. This would reflect an increase in funding for TRCs of roughly five to ten times the current level. SB 1404 Page 12 3)SUPPORT. Californians for Safety and Justice (CFSJ) are the sponsors of this bill and state, the TRC model, pioneered in San Francisco in 2001, provides a comprehensive, flexible approach that integrates three modes of service: assertive outreach, clinical case management, and evidence-based trauma-focused therapies. CFSJ notes that this model is designed to meet the special needs of crime victims suffering from 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. CFSJ concludes that survivors of crime who received services through the TRC saw huge increases in health and wellness. The California Catholic Conference, Inc. (CCC) supports this bill and notes that victims must navigate an often difficult and bureaucratic process in accessing state services, involving multiple agencies across different locations. CCC states that if a victim is ultimately approved for state support, they may wait three months or more to access funds to help cover the costs of critical services. CCC notes the TRC treatment model was developed in 2001 to address multiple barriers victims face recovering from crime, and in order to ensure these same outstanding outcomes and savings, and to ensure fidelity to the TRC model, clear guidelines must be added to the statute governing the grant program. 4)PREVIOUS LEGISLATION. a) SB 518 (Leno), of 2015 would have required the CVCGC Board to use a specified evidence-based model when giving a grant to a TRC, as specified. SB 518 was held in the Assembly Appropriations Committee. SB 1404 Page 13 b) SB 71 (Committee on Budget and Fiscal Review), Chapter 28, Statutes of 2013, authorized the CVCGC Board to administer a program to award, upon appropriation by the Legislature, up to $2,000,000 in grants, annually, to TRCs, as defined, funded from the Restitution Fund. c) SB 733 (Leno), of the 2009-10 legislative session, would have authorized the CVCGC Board to evaluate applications and award grants totaling up to $3 million, up to $1.7 million per center, to multi-disciplinary TRCs that provide specified services to and resources for crime victims. SB 733 failed passage on the Senate Floor. d) AB 1669 (Leno), of the 2007-08 Legislative Session, would have appropriated $1.5 million for the TRC at the San Francisco General Hospital. AB 1669 was vetoed. e) AB 50 (Leno), Chapter 884, Statutes of 2006, appropriated $1.3 million for the TRC at the San Francisco General Hospital. REGISTERED SUPPORT / OPPOSITION: Support Californians for Safety and Justice (sponsor) SB 1404 Page 14 Kamala D. Harris, Attorney General, State of California California Catholic Conference, Inc. Crime Victims United of California Fathers & Families of San Joaquin Natividad Medical Center San Francisco Department of Public Health Society for Social Work Leadership in Health Care, California Chapter University of California One individual Opposition None on file. Analysis Prepared by:Lara Flynn / HEALTH / (916) 319-2097