BILL NUMBER: SB 1062	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Bowen

                        FEBRUARY 22, 2005

   An act to amend Section 124250 of the Health and Safety Code, and
to amend Section 13823.15 of the Penal Code, relating to domestic
violence.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1062, as introduced, Bowen.   Domestic violence.
   Existing law provides that there is in the Office of Emergency
Services a Comprehensive Statewide Domestic Violence Program that
provides financial and technical assistance to domestic violence
shelter service providers. Existing law also provides that the
Maternal and Child Health Branch of the State Department of Health
Services shall administer a comprehensive shelter-based grant program
to battered women's shelters.
   This bill would provide that if an agency receives funding from
both programs during any grant cycle, the Comprehensive Statewide
Domestic Violence Program and the Maternal and Child Health Branch
shall coordinate agency site visits and share performance assessment
data to reduce administrative costs. This bill would make other
conforming changes.
   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 124250 of the  Health and Safety Code  is
amended to read:
   124250.  (a) The following definitions shall apply for purposes of
this section:(1) "Domestic violence" means the infliction or threat
of physical harm against past or present adult or adolescent female
intimate partners, and shall include physical, sexual, and
psychological abuse against the woman, and is a part of a pattern of
assaultive, coercive, and controlling behaviors directed at achieving
compliance from or control over, that woman.
   (2) "Shelter-based" means an established system of services where
battered women and their children may be provided safe or
confidential emergency housing on a 24-hour basis, including, but not
limited to, hotel or motel arrangements, haven, and safe houses.
   (3) "Emergency shelter" means a confidential or safe location that
provides emergency housing on a 24-hour basis for battered women and
their children.
   (b) The Maternal and Child Health Branch of the State Department
of Health Services shall administer a comprehensive shelter-based
services grant program to battered women's shelters pursuant to this
section.
   (c) The Maternal and Child Health Branch shall administer grants,
awarded as the result of a request for application process, to
battered women's shelters that propose to maintain shelters or
services previously granted funding pursuant to this section, to
expand existing services or create new services, and to establish new
battered women's shelters to provide services, in any of the
following four areas:
   (1) Emergency shelter to women and their children escaping violent
family situations.
   (2) Transitional housing programs to help women and their children
find housing and jobs so that they are not forced to choose between
returning to a violent relationship or becoming homeless. The
programs may offer up to 18 months of housing, case management, job
training and placement, counseling, support groups, and classes in
parenting and family budgeting.
   (3) Legal and other types of advocacy and representation to help
women and their children pursue the appropriate legal options.
   (4) Other support services for battered women and their children.

   (d) (1) The Maternal and Child Health Branch of the State
Department of Health Services shall conduct a minimum of one site
visit per grant term to each agency funded to provide shelter-based
services to battered women and their children. The purpose of the
site visit shall be a performance assessment of, and technical
assistance for, each agency visited. The performance assessment shall
include, but need not be limited to, a review of all of the
following:
   (A) Progress in meeting program goals and objectives.
   (B) Agency organization and facilities.
   (C) Personnel policies, files, and training.
   (D) Recordkeeping, budgeting, and expenditures.
   (E) Documentation, data collection, and client confidentiality.
   (2) Subsequent to each site visit conducted under paragraph (1),
the Maternal and Child Health Branch shall provide a written report
to the agency summarizing the agency's performance, any deficiencies
noted, and any corrective action needed.
   (3)  Where   If  an agency receives
funding from both the Maternal and Child Health Branch of the State
Department of Health Services and the  Comprehensive S  
t   atewide  Domestic Violence   Branch of the
Office of Criminal Justice Planning   Program in the
Office of Emergency Services  during any grant cycle, the
Maternal and Child Health Branch and the  C  
omprehensive Statewide  Domestic Violence   Branch
  Program  shall, to the extent feasible,
coordinate agency site visits and share performance assessment data
with the goal of improving efficiency, eliminating duplication, and
reducing administrative costs.
   (e) In implementing the grant program pursuant to this section,
the State Department of Health Services shall consult with an
advisory council that shall remain in existence until January 1,
2006. The council shall be composed of not to exceed 13 voting
members and two nonvoting members appointed as follows:
   (1) Seven members appointed by the Governor.
   (2) Three members appointed by the Speaker of the Assembly.
   (3) Three members appointed by the Senate Committee on Rules.
   (4) Two nonvoting ex officio members who shall be Members of the
Legislature, one appointed by the Speaker of the Assembly and one
appointed by the Senate Committee on Rules. Any Member of the
Legislature appointed to the council shall meet with, and participate
in the activities of, the council to the extent that participation
is not incompatible with his or her position as a Member of the
Legislature.
   The membership of the council shall consist of domestic violence
advocates, battered women service providers, and representatives of
women's organizations, law enforcement, and other groups involved
with domestic violence. At least one-half of the council membership
shall consist of domestic violence advocates or battered women
service providers from organizations such as the California Alliance
Against Domestic Violence.
   It is the intent of the Legislature that the council membership
reflect the ethnic, racial, cultural, and geographic diversity of the
state.
   (f) The department shall collaborate closely with the council in
the development of funding priorities, the framing of the Request for
Proposals, and the solicitation of proposals.
   (g) (1) The Maternal and Child Health Branch of the State
Department of Health Services shall administer grants, awarded as the
result of a request for application process, to agencies to conduct
demonstration projects to serve battered women, including, but not
limited to, creative and innovative service approaches, such as
community response teams and pilot projects to develop new
interventions emphasizing prevention and education, and other support
projects identified by the advisory council.
   (2) For purposes of this subdivision, "agency" means a state
agency, a local government, a community-based organization, or a
nonprofit organization.
   (h) It is the intent of the Legislature that services funded by
this program include services in underserved and ethnic and racial
communities. Therefore, the Maternal and Child Health Branch of the
State Department of Health Services shall do all of the following:
   (1) Fund shelters pursuant to this section that reflect the
ethnic, racial, economic, cultural, and geographic diversity of the
state.
   (2) Target geographic areas and ethnic and racial communities of
the state whereby, based on a needs assessment, it is determined that
no shelter-based services exist or that additional resources are
necessary.
   (i) The director may award additional grants to shelter-based
agencies when it is determined that there exists a critical need for
shelter or shelter-based services.
   (j) As a condition of receiving funding pursuant to this section,
battered women's shelters shall do all of the following:
   (1) Provide matching funds or in-kind contributions equivalent to
not less than 20 percent of the grant they would receive. The
matching funds or in-kind contributions may come from other
governmental or private sources.
   (2) Ensure that appropriate staff and volunteers having client
contact meet the definition of "domestic violence counselor" as
specified in subdivision (a) of Section 1037.1 of the Evidence Code.
The minimum training specified in paragraph (2) of subdivision (a) of
Section 1037.1 of the Evidence Code shall be provided to those staff
and volunteers who do not meet the requirements of paragraph (1) of
subdivision (a) of Section 1037.1 of the Evidence Code.
  SEC. 2.  Section 13823.15 of the  Penal Code  is amended to read:
   13823.15.  (a) The Legislature finds the problem of domestic
violence to be of serious and increasing magnitude. The Legislature
also finds that existing domestic violence services are underfunded
and that some areas of the state are unserved or underserved.
Therefore, it is the intent of the Legislature that a goal or purpose
of the Office of Emergency Services (OES) shall be to ensure that
all victims of domestic violence served by the OES Comprehensive
Statewide Domestic Violence Program receive comprehensive, quality
services.(b) There is in the OES a Comprehensive Statewide Domestic
Violence Program. The goals of the program shall be to provide local
assistance to existing service providers, to maintain and expand
services based on a demonstrated need, and to establish a targeted or
directed program for the development and establishment of domestic
violence services in currently unserved and underserved areas. The
OES shall provide financial and technical assistance to local
domestic violence centers in implementing all of the following
services:
   (1) Twenty-four-hour crisis hotlines.
   (2) Counseling.
   (3) Business centers.
   (4) Emergency "safe" homes or shelters for victims and families.
   (5) Emergency food and clothing.
   (6) Emergency response to calls from law enforcement.
   (7) Hospital emergency room protocol and assistance.
   (8) Emergency transportation.
   (9) Supportive peer counseling.
   (10) Counseling for children.
   (11) Court and social service advocacy.
   (12) Legal assistance with temporary restraining orders, devices,
and custody disputes.
   (13) Community resource and referral.
   (14) Household establishment assistance.
   Priority for financial and technical assistance shall be given to
emergency shelter programs and "safe" homes for victims of domestic
violence and their children.
   (c) Except as provided in subdivision (f), the OES and the
advisory committee established pursuant to Section 13823.16 shall
collaboratively administer the Comprehensive Statewide Domestic
Violence Program, and shall allocate funds to local centers meeting
the criteria for funding. All organizations funded pursuant to this
section shall utilize volunteers to the greatest extent possible.
   The centers may seek, receive, and make use of any funds which may
be available from all public and private sources to augment any
state funds received pursuant to this section.
   Centers receiving funding shall provide cash or an in-kind match
of at least 10 percent of the funds received pursuant to this
section.
   (d) The OES shall conduct statewide training workshops on domestic
violence for local centers, law enforcement, and other service
providers designed to enhance service programs. The workshops shall
be planned in conjunction with practitioners and experts in the field
of domestic violence prevention.
   (e) The OES shall develop and disseminate throughout the state
information and materials concerning domestic violence. The OES shall
also establish a resource center for the collection, retention, and
distribution of educational materials related to domestic violence.
The OES may utilize and contract with existing domestic violence
technical assistance centers in this state in complying with the
requirements of this subdivision.
   (f) The funding process for distributing grant awards to domestic
violence shelter service providers (DVSSPs) shall be administered by
the OES as follows:
   (1) The OES shall establish each of the following:
   (A) The process and standards for determining whether to grant,
renew, or deny funding to any DVSSP applying or reapplying for
funding under the terms of the program.
   (B) For DVSSPs applying for grants under the RFP process described
in paragraph (2), a system for grading grant applications in
relation to the standards established pursuant to subparagraph (A),
and an appeal process for applications that are denied. A description
of this grading system and appeal process shall be provided to all
DVSSPs as part of the application required under the RFP process.
   (C) For DVSSPs reapplying for funding under the RFA process
described in paragraph (4), a system for grading the performance of
DVSSPs in relation to the standards established pursuant to
subparagraph (A), and an appeal process for decisions to deny or
reduce funding. A description of this grading system and appeal
process shall be provided to all DVSSPs receiving grants under this
program.
   (2) Grants for shelters that were not funded in the previous cycle
shall be awarded as a result of a competitive request for proposal
(RFP) process. The RFP process shall comply with all applicable state
and federal statutes for domestic violence shelter funding, and to
the extent possible, the response to the RFP shall not exceed 25
narrative pages, excluding attachments.
   (3) Grants shall be awarded to DVSSPs that propose to maintain
shelters or services previously granted funding pursuant to this
section, to expand existing services or create new services, or to
establish new domestic violence shelters in underserved or unserved
areas. Each grant shall be awarded for a three-year term.
   (4) DVSSPs reapplying for grants shall not be subject to a
competitive grant process, but shall be subject to a request for
application (RFA) process. The RFA process shall consist in part of
an assessment of the past performance history of the DVSSP in
relation to the standards established pursuant to paragraph (1). The
RFA process shall comply with all applicable state and federal
statutes for domestic violence center funding, and to the extent
possible, the response to the RFA shall not exceed 10 narrative
pages, excluding attachments.
   (5) Any DVSSP funded through this program in the previous grant
cycle, including any DVSSP funded by Chapter 707 of the Statutes of
2001, shall be funded upon reapplication, unless, pursuant to the
assessment required under the RFA process, its past performance
history fails to meet the standards established by the OES pursuant
to paragraph (1).
   (6) The OES shall conduct a minimum of one site visit every three
years for each DVSSP funded pursuant to this subdivision. The purpose
of the site visit shall be to conduct a performance assessment of,
and provide subsequent technical assistance for, each shelter
visited. The performance assessment shall include, but need not be
limited to, a review of all of the following:
   (A) Progress in meeting program goals and objectives.
   (B) Agency organization and facilities.
   (C) Personnel policies, files, and training.
   (D) Recordkeeping, budgeting, and expenditures.
   (E) Documentation, data collection, and client confidentiality.
   (7) After each site visit conducted pursuant to paragraph (6), the
OES shall provide a written report to the DVSSP summarizing the
performance of the DVSSP, any deficiencies noted, any corrective
action needed, and a deadline for corrective action to be completed.
The OES shall also develop a corrective action plan for verifying the
completion of any corrective action required. The OES shall submit
its written report to the DVSSP no more than 60 days after the site
visit. No grant under the RFA process shall be denied if the DVSSP
has not received a site visit during the previous three years, unless
the OES is aware of criminal violations relative to the
administration of grant funding.
   (8)  If an agency receives funding from both the Comprehensive
Statewide Domestic Violence Program in the Office of Emergency 
 Services and the Maternal and Child Health Branch of the State
Department of Health Services during any grant cycle, the
Comprehensive Statewide Domestic Violence Program and the Maternal
and Child Health Branch shall, to the extent feasible, coordinate
agency site visits and share performance assessment data with the
goal of improving efficiency, eliminating duplication, and reducing
administrative costs. 
    (9)    DVSSPs receiving written reports of
deficiencies or orders for corrective action after a site visit shall
be given no less than six months' time to take corrective action
before the deficiencies or failure to correct may be considered in
the next RFA process. However, the OES shall have the discretion to
reduce the time to take corrective action in cases where the
deficiencies present a significant health or safety risk or when
other severe circumstances are found to exist. If corrective action
is deemed necessary, and a DVSSP fails to comply, or if other
deficiencies exist that, in the judgment of the OES, cannot be
corrected, the OES shall determine, using its grading system, whether
continued funding for the DVSSP should be reduced or denied
altogether. If a DVSSP has been determined to be deficient, the OES
may, at any point during the DVSSP's funding cycle following the
expiration of the period for corrective action, deny or reduce any
further funding.  
   (9) 
    (10   )  If a DVSSP applies or reapplies for
funding pursuant to this section and that funding is denied or
reduced, the decision to deny or reduce funding shall be provided in
writing to the DVSSP, along with a written explanation of the reasons
for the reduction or denial made in accordance with the grading
system for the RFP or RFA process. Except as otherwise provided, any
appeal of the decision to deny or reduce funding shall be made in
accordance with the appeal process established by the OES. The appeal
process shall allow a DVSSP a minimum of 30 days to appeal after a
decision to deny or reduce funding. All pending appeals shall be
resolved before final funding decisions are reached.  
   (10) 
    (11)    It is the intent of the Legislature
that priority for additional funds that become available shall be
given to currently funded, new, or previously unfunded DVSSPs for
expansion of services. However, the OES may determine when expansion
is needed to accommodate underserved or unserved areas. If
supplemental funding is unavailable, the OES shall have the authority
to lower the base level of grants to all currently funded DVSSPs in
order to provide funding for currently funded, new, or previously
unfunded DVSSPs that will provide services in underserved or unserved
areas.  However, to the extent reasonable, funding reductions shall
be reduced proportionately among all currently funded DVSSPs. After
the amount of funding reductions has been determined, DVSSPs that are
currently funded and those applying for funding shall be notified of
changes in the available level of funding prior to the next
application process.  Funding reductions made under this paragraph
shall not be subject to appeal.  
   (11) 
    (12)    Notwithstanding any other provision of
this section, OES may reduce funding to a DVSSP funded pursuant to
this section if federal funding support is reduced. Funding
reductions as a result of a reduction in federal funding shall not be
subject to appeal.  
   (12) 
    (13)    Nothing in this section shall be
construed to supersede any function or duty required by federal acts,
rules, regulations, or guidelines for the distribution of federal
grants.  
   (13) 
    (14)    As a condition of receiving funding
pursuant to this section, DVSSPs shall do all of the following:
   (A) Provide matching funds or in-kind contributions equivalent to
not less than 10 percent of the grant they would receive. The
matching funds or in-kind contributions may come from other
governmental or private sources.
   (B) Ensure that appropriate staff and volunteers having client
contact meet the definition of "domestic violence counselor" as
specified in subdivision (a) of Section 1037.1 of the Evidence Code.
The minimum training specified in paragraph (2) of subdivision (a) of
Section 1037.1 of the Evidence Code shall be provided to those staff
and volunteers who do not meet the requirements of paragraph (1) of
subdivision (a) of Section 1037.1 of the Evidence Code.  
   (14) 
    (15)    The following definitions shall apply
for purposes of this subdivision:
   (A) "Domestic violence" means the infliction or threat of physical
harm against past or present adult or adolescent female intimate
partners, including physical, sexual, and psychological abuse against
the woman, and is a part of a pattern of assaultive, coercive, and
controlling behaviors directed at achieving compliance from or
control over that woman.
   (B) "Domestic violence shelter service provider" or "DVSSP" means
a victim services provider that operates an established system of
services providing safe and confidential emergency housing on a
24-hour basis for victims of domestic violence and their children,
including, but not limited to, hotel or motel arrangements, haven,
and safe houses.
   (C) "Emergency shelter" means a confidential or safe location that
provides emergency housing on a 24-hour basis for victims of
domestic violence and their children.
   (g) The OES may hire the support staff and utilize all resources
necessary to carry out the purposes of this section. The OES shall
not utilize more than 10 percent of any funds appropriated for the
purpose of the program established by this section for the
administration of that program.