BILL ANALYSIS
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THIRD READING
Bill No: AB 50
Author: Leno (D)
Amended: 6/21/06 in Senate
Vote: 27 - Urgency
SENATE PUBLIC SAFETY COMMITTEE : 4-1, 6/27/06
AYES: Migden, Cedillo, Perata, Romero
NOES: Margett
NO VOTE RECORDED: Poochigian
SENATE APPROPRIATIONS COMMITTEE : 9-4, 8/17/06
AYES: Murray, Alarcon, Alquist, Battin, Escutia, Florez,
Ortiz, Romero, Torlakson
NOES: Aanestad, Ashburn, Dutton, Poochigian
ASSEMBLY FLOOR : Not relevant
SUBJECT : Victim compensation trauma services: victims
of crime
recovery center
SOURCE : Trauma Recovery Center
DIGEST : This bill (1) enacts legislative findings about
the effectiveness of the services provided by the
University of California, San Francisco (UCSF) Trauma
Recovery Center (TRC) previously established as a four-year
pilot project which sunsetted on January 1, 2005, (2)
reauthorizes the TRC interagency agreement for the purpose
of actually providing these services not just in a
CONTINUED
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demonstration capacity, (3) requires that the California
Victim Compensation and Government Claims Board (Board)
enter into an interagency agreement for the purpose of
continued funding for the UCSF TRC, effective upon the
University of California Regents adopting an appropriate
resolution, and (4) appropriates $1.3 million from the
Restitution Fund to the Board for the fiscal year
commencing July 1, 2006, for the TRC program.
ANALYSIS : Existing law creates the Victims of Crime
Program, administered by the California Victim Compensation
and Government Claims Board (formerly known as the State
Board of Control), 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. [Section 13950-13968 of the Government Code
(GOV), note that Section 13969 and 13969.2, 13969.5, and
13969.7 related to a one-time 9/11/01 payment and are
repealed effective 1/1/04]
Prior law, which remained in effect until January 1, 2005,
provided that:
1. The Board 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 Board. [GOV Section 13974.5(a)]
2. The Board shall report to the Legislature regarding the
effectiveness of the victims of crime recovery center no
later than May 1, 2004. [GOV Section 13974.5(c)]
3. Section 13974.5 shall only be implemented to the extent
that funding is appropriated for that purpose and
Chapter 6, commencing with GOV 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.
[GOV Section 13974.7]
This bill:
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1. Makes legislative findings and declarations regarding
the TRC at San Francisco General Hospital/UCSF, which
was created in 2001 by statute and which remained in
effect only until January 1, 2005.
2. Requires that the 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 Board.
3. Appropriates the sum of $1.3 million for the fiscal year
commencing July 1, 2006, from the Restitution Fund to
the Board for the implementation of the interagency
agreement, as specified, for the purpose of continued
funding for the TRC at the San Francisco General
Hospital.
4. Takes immediate effect upon enactment as an urgency
measure.
This bill contains the following legislative findings and
declarations:
1. 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.
2. The TRC at San Francisco General Hospital/UCSF, is an
award-winning, nationally recognized program created in
2001, in partnership with the Board. The TRC 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.
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3. During the TRC's four-year history, its accomplishments
include (a) identifying and treating 854 crime victims,
(b) increasing the rate by which sexual assault victims
received mental health followup services, from six
percent to 71 percent, (c) 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, (d) improving cooperation with police,
including an increase in police reports filed by sexual
assault victims from 42 percent to 71 percent, and (e)
increasing return to employment by 56 percent of victims
compared to victims who did not have TRC services. Many
of these people resumed paying taxes and escaped the
spiral into bankruptcy, loss of housing, and loss of
medical insurance.
Prior legislation . Governor Schwarzenegger vetoed an
identical bill last year, AB 1768 (Assembly Public Safety
Committee). That bill passed the Senate with a vote of
28-5 on 9/6/05. 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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FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2006-07 2007-08
2008-09 Fund
Appropriation $1,300
Special*
* Restitution Fund
Monies in the Restitution Fund are used for the direct
reimbursement of crime victims for out-of-pocket expenses
related to crimes, including unreimbursed medical and
mental health expenses and lost wages. The Restitution
Fund receives fines and penalties imposed by judges against
persons convicted of crimes and traffic violations as well
as federal grant funds.
The Restitution Fund is projected to have $123.2 million in
revenues 2006-07, with $102.7 million in expenditures. The
Fund reserve for 2006-07 is $109.8 million.
SUPPORT : (Verified 8/17/06)
Trauma Recovery Center (source)
City and County of San Francisco
ARGUMENTS IN SUPPORT : 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."
RJG:mel 8/18/06 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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