BILL NUMBER: AB 1657 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 12, 2005
INTRODUCED BY Assembly Member Evans
FEBRUARY 22, 2005
An act to add and repeal Section 13969.7 of the Government Code
and to amend Section 1464 of, and to add Sections 11166.6 and 11166.7
to, the Penal Code, relating to child victims.
LEGISLATIVE COUNSEL'S DIGEST
AB 1657, as amended, Evans. Child victims: multidisciplinary
centers.
Existing law, the Child Abuse and Neglect Reporting Act, requires
specified persons to report suspected child abuse or neglect.
This bill would provide that, until July 1, 2011, a county may
enter into contracts grants for
interview services with the California Victim Compensation
and Government Claims Board Office of Emergency
Services for the recovery of costs associated with the
provision of child victim forensic evidentiary interviews conducted
by multidisciplinary teams or child advocacy
centers. The bill would require the board to report
to the Legislature on those contracts by January 30, 2011.
The bill would authorize counties to establish
multipdisciplinary teams or child advocacy
centers to coordinate the activities of the various agencies involved
in the investigation and prosecution of alleged child abuse and
mitigation of family violence . The bill would require each
county that establishes a multidisciplinary team or
child advocacy center to adopt a
written develop an interagency protocol
agreement , as specified.
Existing law creates the State Penalty Fund into which moneys
collected by the courts for the imposition of fines, forfeitures, or
penalties on criminal offenses are deposited. Once a month, certain
percentages of money in that fund are transferred into other funds,
including the Peace Officers' Training Fund, the Driver Training
Penalty Assessment Fund, and the Victim Witness Assistance Fund.
This bill would change the percentage of money that is deposited
into each of the above-mentioned funds from the State Penalty Fund,
and would create the Multidisciplinary Interview
Child Advocacy Center Fund, into which
8% 7.2% of state penalty funds in the State
Penalty Fund would be deposited monthly. Money in the
Multidisciplinary Interview Center Fund fund
would be used to support county multidisciplinary center
interview programs child advocacy centers .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13969.7 is added to the Government Code , to
read:
13969.7. (a) Notwithstanding Sections 13960 to 13966, inclusive,
the a county may enter into
contracts grants for interview services
with the California Victim Compensation and Government Claims Board,
as described in Section 13900, for services with the
Office of Emergency Services for the recovery of costs
associated with the provision of child victim forensic evidentiary
interviews conducted by multidisciplinary teams or
child advocacy centers as described in Section 11166.6 of
the Penal Code, and in accordance with their
its adopted interagency protocol agreements
agreement described in Section 11166.65
11166.7 of the Penal Code.
(b) The contracts for interview services shall be based on the
historical average of the number of interviews conducted in a county
by a multidisciplinary team or center.
(c) The contracts
(b) The grants for interview
services shall provide funding for the additional
expenditures capacity building expenditures and
training related to conducting the a
forensic evidentiary interview that include facility
rent and tenant-related costs, salaries and benefits of the
multidisciplinary teams or center's coordinator, clerical staff, and
interview specialist staff, staff training and equipment such as
video cameras, recording devices, and one-way mirrors.
evidentiary interview.
(d)
(c) Personnel costs of the multidisciplinary
teams or child advocacy centers that are
incurred by the representatives of the various participating county
departments are not eligible within the scope of the
contracts grants .
(e)
(d) For purposes of this section, "child victim" means
a person under 18 years of age who has been reported to an agency
specified in Section 11165.9 of the Penal Code to be a known or
suspected victim of child abuse as described in Section 11165.6
of the Penal Code, and the report results in a determination
that a crime occurred. of the Penal Code.
(f)
(e) The amount of the contracts
grants shall be determined by the California Victim
Compensation and Government Claims Board in consultation with the
counties' multidisciplinary teams or centers.
(g) The California Victim Compensation and Government Claims Board
shall draw funds from its Multidisciplinary Interview Center Fund
for purposes of entering into contracts for interview services.
(h) The California Victim Compensation and Government Claims Board
shall develop contract requirements and execute these contracts
beginning on July 1, 2006.
(i) The California Victim Compensation and Government Claims Board
may retain up to 10 percent of those funds for purposes of
administering those contracts.
(j) The California Victim Compensation and Government Claims Board
shall provide the Legislature with a report, by January 30, 2011, on
the activity of the contracts for interview services, including the
number of counties with service contracts, the number of children
served by each county, and the fiscal viability of the Victim
Restitution Fund.
(k) Office of Emergency Services, in
consultation with an advisory group established by that office,
comprised of representatives from the following disciplines:
prosecutors, law enforcement, victims services, pediatric medicine,
and child protective services.
(f) The Office of Emergency Services shall draw funds from the
Child Advocacy Center Fund for purposes of entering into grants for
interview services.
(g) The Office of Emergency Services shall develop grant
requirements and award those grants beginning on July 1, 2006.
(h) The Office of Emergency Services may retain up to 7 percent of
those funds for purposes of administering those grants.
(i) This section shall become inoperative on July 1,
2011, and, as of January 1, 2012, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2011,
deletes or extends the dates on which it becomes inoperative and is
repealed.
SEC. 2. Section 1464 of the Penal Code is amended to read:
1464. (a) Subject to Chapter 12 (commencing with Section 76000)
of Title 8 of the Government Code, there shall be levied a state
penalty, in an amount equal to ten dollars ($10) for every ten
dollars ($10) or fraction thereof, upon every fine, penalty, or
forfeiture imposed and collected by the courts for criminal offenses,
including all offenses, except parking offenses as defined in
subdivision (i) of Section 1463, involving a violation of a section
of the Vehicle Code or any local ordinance adopted pursuant to the
Vehicle Code. Any bail schedule adopted pursuant to Section 1269b may
include the necessary amount to pay the state penalties established
by this section and Chapter 12 (commencing with Section 76000) of
Title 8 of the Government Code for all matters where a personal
appearance is not mandatory and the bail is posted primarily to
guarantee payment of the fine.
(b) Where multiple offenses are involved, the state penalty shall
be based upon the total fine or bail for each case. When a fine is
suspended, in whole or in part, the state penalty shall be reduced in
proportion to the suspension.
(c) When any deposited bail is made for an offense to which this
section applies, and for which a court appearance is not mandatory,
the person making the deposit shall also deposit a sufficient amount
to include the state penalty prescribed by this section for forfeited
bail. If bail is returned, the state penalty paid thereon pursuant
to this section shall also be returned.
(d) In any case where a person convicted of any offense, to which
this section applies, is in prison until the fine is satisfied, the
judge may waive all or any part of the state penalty, the payment of
which would work a hardship on the person convicted or his or her
immediate family.
(e) After a determination by the court of the amount due, the
clerk of the court shall collect the penalty and transmit it to the
county treasury. The portion thereof attributable to Chapter 12
(commencing with Section 76000) of Title 8 of the Government Code
shall be deposited in the appropriate county fund and 70 percent of
the balance shall then be transmitted to the State Treasury, to be
deposited in the State Penalty Fund, which is hereby created, and 30
percent to remain on deposit in the county general fund. The
transmission to the State Treasury shall be carried out in the same
manner as fines collected for the state by a county.
(f) The moneys so deposited in the State Penalty Fund shall be
distributed as follows:
(1) Once a month there shall be transferred into the Fish and Game
Preservation Fund an amount equal to 0.33 percent of the state
penalty funds deposited in the State Penalty Fund during the
preceding month, except that the total amount shall not be less than
the state penalty levied on fines or forfeitures for violation of
state laws relating to the protection or propagation of fish and
game. These moneys shall be used for the education or training of
department employees which fulfills a need consistent with the
objectives of the Department of Fish and Game.
(2) Once a month there shall be transferred into the Restitution
Fund an amount equal to 32.02 percent of the state penalty funds
deposited in the State Penalty Fund during the preceding month. Those
funds shall be made available in accordance with Section 13967 of
the Government Code.
(3) Once a month there shall be transferred into the Peace
Officers' Training Fund an amount equal to 31.99
33.49 percent of the state penalty funds deposited in the
State Penalty Fund during the preceding month.
(4) Once a month there shall be transferred into the Driver
Training Penalty Assessment Fund an amount equal to 1.7
1 percent of the state penalty funds deposited
in the State Penalty Fund during the preceding month.
(5) Once a month there shall be transferred into the Corrections
Training Fund an amount equal to 7.88 percent of the state penalty
funds deposited in the State Penalty Fund during the preceding month.
Money in the Corrections Training Fund is not continuously
appropriated and shall be appropriated in the Budget Act.
(6) Once a month there shall be transferred into the Local Public
Prosecutors and Public Defenders Training Fund established pursuant
to Section 11503 an amount equal to 0.78 percent of the state penalty
funds deposited in the State Penalty Fund during the preceding
month. The amount so transferred shall not exceed the sum of eight
hundred fifty thousand dollars ($850,000) in any fiscal year. The
remainder in excess of eight hundred fifty thousand dollars
($850,000) shall be transferred to the Restitution Fund.
(7) Once a month there shall be transferred into the
Victim-Witness Assistance Fund an amount equal to 16.64 percent of
the state penalty funds deposited in the State Penalty Fund during
the preceding month.
(8) (A) Once a month there shall be transferred into the Traumatic
Brain Injury Fund, created pursuant to Section 4358 of the Welfare
and Institutions Code, an amount equal to 0.66 percent of the state
penalty funds deposited into the State Penalty Fund during the
preceding month. However, the amount of funds transferred into the
Traumatic Brain Injury Fund for the 1996-97 fiscal year shall not
exceed the amount of five hundred thousand dollars ($500,000).
Thereafter, funds shall be transferred pursuant to the requirements
of this section. Notwithstanding any other provision of law, the
funds transferred into the Traumatic Brain Injury Fund for the
1997-98, 1998-99, and 1999-2000 fiscal years, may be expended by the
State Department of Mental Health, in the current fiscal year or a
subsequent fiscal year, to provide additional funding to the existing
projects funded by the Traumatic Brain Injury Fund, to support new
projects, or to do both.
(9) Once a month there shall be transferred into the
Multidisciplinary Interview Center Fund, created pursuant to
subdivision (c) of Section 11166.6, an amount equal to 8.0 percent of
the state penalty funds deposited into the State Penalty Fund during
the preceding month.
(B) Any moneys deposited in the State Penalty Fund attributable to
the assessments made pursuant to subdivision (i) of Section 27315 of
the Vehicle Code on or after the date that Chapter 6.6 (commencing
with Section 5564) of Part 1 of Division 5 of the Welfare and
Institutions Code is repealed shall be utilized in accordance with
paragraphs (1) to (8), inclusive, of this subdivision.
(9) Once a month there shall be transferred into the Child
Advocacy Center Fund created pursuant to subdivision (c) of Section
11166.6, an amount equal to 7.2 percent of the state penalty funds
deposited into the State Penalty Fund during the preceding month.
SEC. 3. Section 11166.6 is added to the Penal Code , to read:
11166.6. (a) Each county may establish multidisciplinary
teams or multidisciplinary child advocacy
centers to coordinate the activities of the various agencies involved
in the investigation and prosecution of alleged child abuse and
mitigation of family violence , including those that provide
medical services and follow-up treatment to victims of child abuse
or family violence, or both . The purpose of these
teams or centers is to protect victims of child
abuse by minimizing traumatizing interviews through the coordination
of efforts of district attorneys, child welfare social workers, law
enforcement, and medical personnel, among others, and to assist
prosecution by reducing the chances of conflicting or inaccurate
information by asking age-appropriate questions to help procure
information that is admissible in court.
(b) (1) Members of the multidisciplinary team or
multidisciplinary child advocacy center shall,
at a minimum, consist of a representative from the district attorney'
s office, the sheriff's department, a police department, child
protective services, and may include medical and mental health
professionals.
(2) Members of the local multidisciplinary team or
child advocacy center shall be trained to
conduct child forensic interviews. The training shall include
instruction in risk assessment, the dynamics of child abuse,
including the abuse of children with special needs, child
sexual abuse and rape of children, and legally sound and
age-appropriate interview and investigation techniques.
(c) The Multidisciplinary Interview Child
Advocacy Center Fund is hereby created for the purposes of
supporting county multidisciplinary center interview
programs. child advocacy centers. Money appropriated
from the fund shall be made available through the Office of Emergency
Services to any public or private nonprofit agency for the
establishment or maintenance, or both, of child advocacy centers that
provide comprehensive child advocacy services, as specified in this
section.
SEC. 4. Section 11166.7 is added to the Penal Code , to read:
11166.7. To qualify for state funding pursuant to Section 13969.7
of the Government Code, each county that establishes or
maintains a multidisciplinary team or
child advocacy center pursuant to Section 11166.6
shall adopt a written protocol as follows:
(a) Each county
shall develop an interagency protocol shall develop an
interagency protocol agreement for the investigation of child
abuse and neglect that shall be signed by appropriate persons from
the office of the district attorney, the sheriff's department,
the police department local police
departments , child protective services or an equivalent agency
administering child welfare, and public health and medical
examiners.
(b) The protocol agreement may include, but is not limited to, the
following additional entities:
(1) School districts.
(2) Probation departments.
(3) Courts.
(4) County counsel.
(5) Tribal council representatives.
(6) Clergy.
(7) Regional centers.
(8) Mental health.
(9) Counsel for children.
(10) CASA(Court Appointed Special Advocates).
(11) Ancillary law enforcement agencies, including the federal
government and the military.
(12) Victim witness programs.
(13) Child abuse councils.
(c) Each protocol agreement shall include the following:
(1) A mission goal and mission statement.
(2) Written standards and procedures.
(3) A procedure for periodic review by all agencies involved.
(4) A procedure for dissemination to all parties involved.
(5) A procedure for training about the requirements of the
protocol agreement.
(6) Recognition of the need for ongoing training procedures for
professionals involved in the investigation of child abuse.
(7) Hiring requirements that specify that staff shall have
knowledge of the language and cultural needs of the victims of child
abuse.
(d) The protocol agreement shall address all children, including
children with special needs, suspected of being abused or neglected
in the following situations:
(1) Intrafamily or in the home.
(2) Out-of-home care facilities, including, but not limited to,
day care, group homes, public or private schools, foster care, and
licensed facilities.
(3) Perpetration by a stranger.
(4) Siblings of a child abuse fatality victim.
(5) Homes with domestic violence.
(e) The protocol agreement shall address the following sequence of
responses that takes into account the emotional and physical
well-being of the child victim:
(1) The initial response following a referral shall be coordinated
among first responders to reduce repetitive interviews with or
questions to the child. Specifically, the protocol agreement shall
outline the procedures by which first responders share information
with each other. For the purposes of this section, "first responders"
means officials from a child protective service agency or a law
enforcement agency.
(2) Investigative procedures for forensic evidence gathering.
(3) Child abuse reporting procedures and cross-reporting
procedures.
(4) Minimum standards for levels of professional competency.
(5) Knowledge of legal authority.
(6) Procedures for sharing information with all the parties
involved in the investigation.
(7) Procedures for getting information about the child victim back
to reporters.
(8) Procedures for transporting a child, specifying who may take
the child, where the child may be taken, and under what conditions
the child may be taken. In addition, there shall also be procedures
for transporting family members if the need arises.
(9) Procedures to ensure that a child with special needs receives
prescribed medication or has special equipment, such as a wheelchair.
(f) Procedures shall also include the following considerations for
forensic evidentiary interviews and medical examinations:
(1) The qualification of personnel conducting the interview or
examination.
(2) The location of the interview or examination.
(3) The procedures for documentation.
(4) The guidelines for deciding which agency budget will cover the
cost of examinations and interviews.
(5) The definition or criteria under which a child qualifies for
an examination or interview.
(g) The protocol agreement shall address the following issues:
(1) Procedures for dealing with the denial of entry to any of the
responders to a referral for child abuse or neglect.
(2) Procedures for obtaining the necessary consent for medical
examinations and forensic interviews.
(3) Procedures for sharing information among mandated reporters,
first responders, professionals, and follow-up investigations.
(4) Procedures for sharing information among professional child
abuse investigators that address issues of confidentiality.
(5) Procedures for providing information about protective orders,
prior history criminal background checks, court actions, and
placement orders.
(6) Procedures for emergency situations or professional judgment
that allow for deviation from the protocols.
(7) Procedures to develop a tracking system to receive and
coordinate all information relating to a case of child abuse that is
in the possession of any agency involved in the investigation or
prosecution of child abuse, including law enforcement agencies, child
protective service agencies, county welfare agencies, and licensing
agencies.
(h) The protocol agreement shall explain how the interagency
protocol for child abuse investigation interfaces with or
acknowledges the protocols of individual agencies involved and shall
include procedures for resolving any conflicts among those protocols.