BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Carole Migden, Chair A
2005-2006 Regular Session B
5
0
AB 50 (Leno)
As Amended June 21, 2006
Hearing date: June 27, 2006
Government Code (URGENCY)
AA:mc
VICTIM COMPENSATION TRAUMA SERVICES :
VICTIMS OF CRIME RECOVERY CENTER
HISTORY
Source: Trauma Recovery Center
Prior Legislation: AB 1768 (Committee on Public Safety) - 2005,
vetoed by Governor Schwarzenegger
Support: Unknown
Opposition:None known
Assembly Floor Vote: Not Relevant. This is an entirely new
bill as of June 21, 2006.
KEY ISSUES
SHOULD THE CALIFORNIA VICTIM COMPENSATION AND GOVERNMENT CLAIMS
BOARD BE REQUIRED TO REESTABLISH AN INTERAGENCY AGREEMENT FOR THE
PURPOSE OF CONTINUED FUNDING FOR THE UNIVERSITY OF CALIFORNIA, SAN
FRANCISCO, TRAUMA RECOVERY CENTER - EFFECTIVE UPON THE UC REGENTS
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ADOPTING AN APPROPRIATE RESOLUTION?
SHOULD $1.3 MILLION BE APPROPRIATED FROM THE RESTITUTION FUND TO THE
BOARD FOR THE FISCAL YEAR COMMENCING JULY 1, 2006, FOR THE TRC
PROGRAM?
PURPOSE
The purposes of this bill are to (1) enact legislative findings
about the effectiveness of the services provided by the UCSF
Trauma Recovery Center previously established as a four-year
pilot project which sunsetted on January 1, 2005;
(2)"reauthorize" the TRC interagency agreement for the purpose
of actually providing these services not just in a demonstration
capacity; (3) require that the California Victim Compensation
and Government Claims Board enter into an interagency agreement
for the purpose of continued funding for the UCSF TRC -
effective upon the UC Regents adopting an appropriate
resolution; and (4) appropriate $1.3 million from the
Restitution Fund to the board for the fiscal year commencing
July 1, 2006, for the TRC program.
Existing law creates the Victims of Crime Program, administered
by the California Victim Compensation and Government Claims
Board<1>, 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 California Victim Compensation
and Government Claims Board for these purposes. (Govt. Code
13950-13968; note that 13969 and .2, .5, and .7 related to a
one-time 9/11/01 payment and are repealed effective 1/1/04.)
Previous law , which remained in effect until January 1, 2005,
provided that:
The California Victim Compensation and Government Claims Board
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<1> Formerly known as the State Board of Control. (Govt. Code
13900 amended by AB 2491 - Ch. 1016, Stats. 2000.)
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shall enter into an interagency agreement with UCSF to
establish a victims of crime recovery center at the San
Francisco General Hospital to demonstrate the effectiveness of
providing comprehensive and integrated services to victims of
crime, subject to conditions set forth by the California
Victim Compensation and Government Claims Board. (Government
Code 13974.5(a).)
The California Victim Compensation and Government Claims Board
shall report to the Legislature regarding the effectiveness of
the victims of crime recovery center no later than May 1,
2004. (Government Code 13974.5(c).)
Government Code Section 13974.5 shall only be implemented to
the extent that funding is appropriated for that purpose and
Chapter 6, commencing with Government Code Section 13974.5
shall remain in effect only until January 1, 2005, and as of
that date is repealed unless a later statute enacted before
January 1, 2005, deletes or extends that date. (Government
Code 13974.7.)
This bill does the following:
Makes legislative findings and declarations regarding the TRC
at San Francisco General Hospital/University of California,
San Francisco (UCSF) which was created in 2001 by statute
which remained in effect only until January 1, 2005.
Requires that the California Victim Compensation and
Government Claims Board shall enter into an interagency
agreement with UCSF to establish a victims of crime recovery
center at the San Francisco General Hospital for the purpose
of providing comprehensive and integrated services to victims
of crime, subject to conditions set forth by the California
Victim Compensation and Government Claims Board.
Appropriates the sum of $1.3 for the fiscal year commencing
July 1, 2006, from the Restitution Fund to the California
Victim Compensation and Government Claims Board for the
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implementation of the interagency agreement, as specified, for
the purpose of continued funding for the TRC at the San
Francisco General Hospital.
Takes immediate effect upon enactment as an urgency measure.
COMMENTS
1. Need for This Bill
The author indicates the following:
The Trauma Recovery Centers funding provided by AB
2491 will end this year. TRC needs time to find
alternate sources of funding. This bill, by
providing one year of funding, would give TRC time
to find other sources of funding and allow their
doors to remain open and to continue to serve
victims of crime.
2. The Board's May 2004 Report on the UCSF TRC
The May 2004 report from the Board on the UCSF TRC which was
required in Government Code Section 13974.5 is available on the
following Web site:
http://www.boc.ca.gov/ReportstoLegislature.htm
That report contains a detailed explanation of the unique
services provided by the TRC project and includes the following
(emphasis is included in the report):
CONCLUSION - Initial findings indicate the TRC model
provides a wider, more effective, range of services at
a lower cost for trauma victims than the traditional
fee-for-service mental health treatment programs. The
TRC services target a critical and unique aspect of
the victim population in the San Francisco area. The
data demonstrates that this cost-effective model of
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care is effective in engaging victims of crime with
needed services, improving cooperation with law
enforcement, reducing homelessness, facilitating
return to work, reducing alcohol and drug abuse and
improving quality of life among victims of
interpersonal violence. The TRC is also participating
in some innovative partnerships with law enforcement,
paving the way for more efficient crime
investigations. The VCP/TRC randomized trial will be
the largest longitudinal study of trauma treatment
ever conducted in a public sector setting, giving the
State of California a unique opportunity to influence
the trauma field. A final evaluation of the pilot
project will be requested from the TRC by December 31,
2004. If findings continue to be promising,
legislation may be initiated in 2005 to continue
funding for the TRC. Additionally, the Board will
work to shift the TRC budget item out of its
Administrative Operations Budget into a more
appropriate category.
3. Legislative Findings in This Bill
This bill contains the following legislative findings and
declarations:
(a) Without treatment, approximately 50 percent
of people who survive a traumatic, violent injury
experience psychological or social difficulties.
Untreated psychological trauma often has severe
economic consequences, including overuse of costly
medical services, loss of income, failure to return to
gainful employment, loss of medical insurance, and
loss of stable housing.
(b) The Trauma Recovery Center at San Francisco
General Hospital/University of California, San
Francisco, is an award-winning, nationally recognized
program created in 2001 in partnership with the State
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of California Victim Compensation and Government
Claims Board. The center was established as a
four-year pilot project to develop and test a
comprehensive model of care as an alternative to
fee-for-service care reimbursed by victim restitution
funds. It was designed to increase access for crime
victims to these funds.
(c) During the Trauma Recovery Center's four-year
history, its accomplishments include:
(1) Identifying and treating 854 crime victims.
(2) Increasing the rate by which sexual assault
victims received mental health followup services, from
6 percent to 71 percent.
(3) Successfully linking 53 percent of patients to
legal services, 40 percent to vocational services, 31
percent to safer and more permanent housing, and 22
percent to other financial entitlements.
(4) Improving cooperation with police, including
an increase in police reports filed by sexual assault
victims from 42 percent to 71 percent.
(5) Increasing return to employment by 56 percent
of victims compared to victims who did not have Trauma
Recovery Center services. Many of these people resumed
paying taxes and escaped the spiral into bankruptcy,
loss of housing, and loss of medical insurance.
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4. Fund Surplus and Expenses Information
It appears that the Fund is in good financial shape. The fund
has a rising surplus and collections have improved significantly
in recent years.
2005 Projections for the Status of the Restitution Fund<2>
Surplus/reserve: It was projected that the
reserve for the Fund would increase from the prior
fiscal year's $44.5 million by about that same
amount. It will continue to increase slightly from
about $66.2 million at the end of 2004-05 to an
estimated $72.5 million at the end of fiscal year
2005-06.
Claims: It was estimated that 2005 claim
payments to victims from the Restitution Fund would
total $75 million, an increase of $7.8 million or
11.6% from the prior year. In fiscal year 2005-06,
estimated claims payments were projected to increase
by $8 million, or 10.7% to $83 million.
2006-07 Budget Year Projections (Budget Committee Information)
Surplus/reserve: It is projected that at the end
of fiscal year 2006-07, the Fund will have a surplus
of $109.8 million.
Expenses: It is projected that total expenditures
(claims and administrative costs) in fiscal year 2006-07
will be $101.3 million. Expenditures will rise slowly to
$102.7 million for 2006-07.
5. Veto
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<2> This information is taken from the analysis of SB 972
(Poochigian), Ch. 238, Stats. 2005, and is based upon data from
the Board.
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Governor Schwarzenegger vetoed an identical measure, AB 1768
(Committee on Public Safety), last year. That measure passed
this Committee 5-0. The Governor's veto measure stated in part:
The Victims Restitution Fund was established to
assist all victims of
crime by providing reimbursement for out of pocket
expenses for
costs related to the crime. I support protecting
this fund so
government can ensure victims do not face economic
hardship after
suffering at the hands of a criminal. Making a
special appropriation
out of this fund for a service provider, even for
a program as
successful as the Trauma Recovery Center at San
Francisco, would
endanger our ability to ensure these funds will be
available to all
victims throughout the state.
In addition, by using funds in the manner
contemplated by this bill
will compromise federal reimbursement funds to
California because
they are not being spent on direct victim
reimbursement.
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