BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1657
                                                                  Page  1

          Date of Hearing:   May 4, 2005

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                   Judy Chu, Chair

                    AB 1657 (Evans) - As Amended:  April 12, 2005 

          Policy Committee:                              Public  
          SafetyVote:  6-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill creates a funding source to support local child victim  
          forensic interviews conducted by local child advocacy centers,  
          by redistributing proceeds of the State Penalty Fund (SPF) and  
          redirecting funds from the Drivers Training Penalty Assessment  
          Fund (DTPAF) (which is funded by the SPF) to the Child Advocacy  
          Center Fund, as created by this bill. 

           FISCAL EFFECT
           
          1)Major annual GF revenue loss and a redirection of special  
            funds. In 2005-06, the loss would be $19.7 million as a result  
            of redirecting a portion of DTPAF revenues to the fund created  
            by this bill and to two existing funds. 

          2)This bill redistributes certain statutory State Penalty Fund  
            allocations as follows: 

             a)   Decreases the amount provided to the DTPAF from 25.70%  
               to 1%, reducing the fund from $39.4 million to $1.5  
               million. (A large portion of DTPAF funds are transferred  
               annually to the GF. In 2005-06, the transfer amount is  
               budgeted at $19.7 million.)

             b)   Provides 7.2% to the Child Advocacy Center Fund (created  
               by this bill). In 2005-06, this amount would be $11  
               million.

             c)   Increases the amount provided to the Peace Officers'  
               Training Fund (POTF) from 23.99% to 33.49%. In 2005-06,  
               this proposed redirection would increase the POTF from  








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               $36.4 million to $51.3 million  

             d)   Increases the amount provided to the Victim-Witness  
               Assistance Fund from 8.84% to 16.64%. The proposed  
               redirection would increase the VWF from  $13.1 million to  
               $25.5 million. 

           SUMMARY, CONTINUED

           Specifically, this bill would:

          1)Authorize counties to receive grants for interview services  
            from the Office of Emergency Services (OES) for costs  
            associated with child victim forensic evidentiary interviews  
            conducted by child advocacy centers. 

          2)Specify that OES would determine the grant amounts, in  
            consultation with an advisory group comprised of prosecutors,  
            law enforcement, victim's services, pediatric medicine, and  
            child protective services. 

          3)Specify that counties may establish child advocacy centers  
            (CACs) to coordinate the activities of the various agencies  
            involved in the investigation and prosecution of alleged child  
            abuse and mitigation of family violence. 

          4)Specify that to qualify for state funding, each county that  
            establishes or maintains a CAC must develop an interagency  
            protocol for the investigation of child abuse and neglect  
            signed by appropriate persons from the office of the district  
            attorney, the sheriff's department, local police departments,  
            child protective services or an equivalent agency  
            administering child welfare, and public health and medical  
            examiners. 

           COMMENTS

          1)Rationale.  The author's intent is to provide a partial funding  
            source for existing and prospective CACs, also known as  
            multidisciplinary interview centers (MDICs). Though there are  
            about 50 MDICs currently operating around the state, local  
            budget difficulties threaten to constrain the services these  
            entities provide. 

            CACs/MDICs coordinate personnel from agencies investigating  








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            child abuse, typically representatives from the district  
            attorney's office, law enforcement, child protective services,  
            and medical and mental health professionals. These  
            representatives provide training on risk assessment, child  
            abuse, child sexual abuse and rape, as well as training on  
            legally and age-appropriate interview and investigation  
            techniques. 

            The state has never funded CACs/MDICs. 

            According to the author, "The pressing need for CACs has  
            prompted local government agencies to join together and share  
            the funding from their operating budgets, straining the normal  
            operations those budgets were intended to support. The use of  
            Driver Training Penalty Assessment Funds (DTPAF) will ease,  
            but not eliminate, the struggle local governments undergo to  
            support these vital facilities."

           2)Previous Legislation .

             a)   AB 2294 (Wolk), 2004, would have allowed counties to  
               establish MDICs and submit claims to the California Victim  
               Compensation and Government Claims Board for costs incurred  
               by the MDICs associated with child victim forensic  
               interviews. AB 2294 was held on this committee's Suspense  
               File. 

             b)   AB 1497 (Negrete-McLeod), 2002-03, was similar to AB  
               2294 and was vetoed by Gov. Davis. 

             c)   AB 1724 (Gallegos), 1999-2000, would have established  
               the Child Abuse Multidisciplinary Intervention Account,  
               funded by the General Fund, to provide support for child  
               abuse multidisciplinary teams and multidisciplinary  
               centers. AB 1724 was held on this committee's Suspense  
               File. 

             d)   SB 647 (Rainey), 1999-2000, would have established an  
               account in the General Fund for local child abuse  
               multidisciplinary teams and centers. SB 647 was held on the  
               Senate Appropriations Suspense File. 
              
           
           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081