BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Carole Migden, Chair S
2005-2006 Regular Session B
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SB 1761 (Poochigian) 1
As Introduced February 24, 2006
Hearing date: April 18, 2006
Government and Penal Codes
MK:br
VICTIM'S SERVICES
HISTORY
Source: California District Attorneys Association; California
Public Defenders Association
Prior Legislation: AB 1657 (Evans) - held in Assembly
Appropriations 2005
AB 2294 (Wolk) - held in Assembly Appropriations
2003-2004
AB 1497 (Negrete McLeod) - vetoed 2001-2002
AB 1724 (Gallegos) - held in Assembly
Appropriations 1999-2000
Support: Chief Probation Officers of California; County Welfare
Directors Association of California; California State
Sheriffs' Association
Opposition:None known
KEY ISSUES
SHOULD A GRANT PROGRAM BE SET UP THROUGH THE OFFICE OF EMERGENCY
SERVICES FOR CHILD ADVOCACY CENTERS?
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SHOULD A GRANT PROGRAM BE SET UP THROUGH THE OFFICE OF EMERGENCY
SERVICES FOR VICTIM TRAUMA RECOVERY SERVICES?
(CONTINUED)
SHOULD THE DISTRIBUTION OF MONEY IN THE STATE PENALTY FUND BE
CHANGED SO THAT CHILD ADVOCACY CENTERS, VICTIM TRAUMA RECOVERY
CENTERS, AND WITNESS PROTECTION SERVICES RECEIVE FUNDING?
SHOULD THE DISTRIBUTION OF MONEY IN THE STATE PENALTY FUND BE
CHANGED SO THAT MORE MONEY IS AVAILABLE FOR PEACE OFFICER TRAINING
AND PROSECUTOR AND PUBLIC DEFENDER TRAINING?
PURPOSE
The purpose of this bill is to redistribute the money in the
State Penalty Fund and to set up grant programs for Child
Advocacy Centers and Victim Trauma Recovery Centers.
Existing law states legislative intent that in each county, law
enforcement agencies and the county welfare or probation
department shall develop and implement cooperative arrangements
in order to coordinate existing duties in connection with the
investigation of suspected child abuse or neglect cases. (Penal
Code 11166.3(a).)
Existing law authorizes counties to establish interagency child
death teams and a protocol, as specified, to assist local
agencies in identifying and reviewing suspicious child deaths
and facilitating communication among persons who perform
autopsies and the various persons and agencies involved in child
abuse or neglect cases. (Penal Code 11174.32.)
Existing law provides that, subject to available funding, the
Attorney General, working with the California Consortium of
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Child Abuse Councils, shall develop a protocol for interagency
child death teams for use by counties in order to facilitate
communication among persons who perform autopsies and the
agencies involved in child abuse or neglect cases. (Penal Code
11174.33.)
Existing law defines "multidisciplinary personnel" as a team of
three or more persons, as specified, trained in the prevention,
identification, and treatment of child abuse and neglect.
(Welfare and Institutions Code 18951(d).)
Existing law declares that it is in the public interest to
assist residents of California in obtaining compensation for the
pecuniary losses they suffer as a direct result of criminal
acts. (Government Code 13950(a).)
Existing law provides for the reimbursement of victims, both
direct victims and specified derivative victims, of specific
types of crimes for certain expenses with limits on those
expenses (both dollar amounts and time limits on treatment).
Included are expenses for medical, mental health, specified
non-medical care, loss of income, job retraining, residential
security, disability access, relocation and funeral expenses.
(Government Code 13957.)
This bill provides that, until July 1, 2011, counties may enter
into grants with the Office of Emergency Services (OES) for the
recovery of services associated with the provision of child
victim forensic evidentiary interviews.
This bill provides that a county may enter into grants for
interview services with OES for the recovery of costs associated
with the provision of child victim forensic evidentiary
interviews conducted by child advocacy centers, as specified,
and in accordance with its adopted interagency protocol
agreements.
This bill provides that the grants for interview services shall
provide funding for capacity building expenditures and training
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related to conducting a forensic evidentiary interview.
This bill provides that personnel costs of child advocacy
centers incurred by the representatives of the various
participating county departments are not eligible within the
scope of the grants.
This bill defines "child victim" as a person under 18 years of
age who has been reported to an agency specified in Penal Code
Section 11165.9 to be a known or suspected victim of child abuse
as described in Penal Code Section 11165.6.
This bill provides that the amount of the grants shall be
determined by OES, in consultation with an advisory group
established by that office, comprised of representatives from
the following disciplines: prosecutors, law enforcement,
victim's services, pediatric medicine, and child protective
services.
This bill provides that OES shall draw funds from the Child
Advocacy Center Fund for purposes of entering into grants for
interview services.
This bill provides that OES shall develop grant requirements and
award those grants beginning on July 1, 2007.
This bill provides that the Victim Trauma Recovery Fund is
created for the purpose of supporting victim recovery, resource,
and treatment programs to provide comprehensive recover-services
to victims.
This bill provides that beginning July 1, 2007 OES shall award
grants to up to five sites. The sites shall include but need
not be limited to the following programmatic components:
Establishment of victim recover, resource, and
treatment center.
Implementation of a crime scene mobile
outreach team to provide comprehensive
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intervention and debriefing for children and
families.
Community-based outreach.
Services to family members and loved ones of
homicide victims.
This bill provides that victim recovery, resource and treatment
programs selected by the Office of Emergency Services shall
serve populations of crime victims currently not being met and
shall be distributed geographically to serve the state's
population and shall include all of the following:
Individuals who are not aware of the breadth
and range of services provided to victims of
crime.
Individuals residing in communities with
limited services.
Individuals who cannot access services due to
disability.
Family members and loved ones of homicide
victims.
Existing law provides that the amount transferred to the Local
Public Prosecutors and Public Defenders Fund shall not exceed
$850,000 a year. (Penal Code 1464(f)(6).)
This bill deletes the $850,000 limitation.
This bill provides that each county may establish 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
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
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information by asking age-appropriate questions to help procure
information that is admissible in court.
This bill provides that members of the 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.
This bill provides that members of the local 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.
This bill creates a Child Advocacy Center Fund for the purposes
of supporting county child advocacy centers. Money appropriated
from the fund shall be made available through OES 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.
This bill provides that to qualify for state funding pursuant to
Government Code Section 13969.7, each county that establishes or
maintains a child advocacy center pursuant to Penal Code Section
11166.6 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, local police departments, child
protective services or an equivalent agency administering child
welfare, and public health and medical examiners.
Existing law provides for an additional "state penalty" of $10
for every $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,
involving the Vehicle Code. Of the money collected, 70% is
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transmitted to the state and 30% remains with the county. The
state portion of the money collected from the penalty is
distributed in specified percentages among: the Fish and Game
Preservation Fund (0.33%); the Restitution Fund (32.02%); the
Peace Officers Training Fund (23.99%); the Driver Training
Penalty Assessment Fund (25.70%); the Corrections Training Fund
(7.88%); the Local Public Prosecutors and Public Defenders Fund
(0.78%, not to exceed $850,000 per year); the Victim-Witness
Assistance Fund (8.64%); and the Traumatic Brain Injury Fund
(0.66%). (Penal Code 1464.)
This bill changes how portions of monies in the State Penalty
Fund are allocated:
Increases the amount transferred once per month into the
Peace Officers' Training Fund from 23.99% to 33.49%.
Decreases the amount transferred once per month into the
Driver Training Penalty Assessment Fund from 25.70% to 1%.
Increase the amount transferred once per month to the
Local Prosecutors and Public Defenders Training Fund from
.78% to 1.25%.
Increase the amount transferred once per month from the
Victim-Witness Assistance Fund from 8.84% to 14.4%.
Provides that once per month there shall be transferred
into the Child Advocacy Center Fund an amount equal to
4.9%.
Provides that once per month there be transferred to the
Victim Trauma Recovery Fund an amount equal to 2%.
Provides that once per month there be transferred to the
Witness Protection Program an amount equal to 2%.
COMMENTS
1.Need for This Bill
According to the sponsor:
This bill will modify the statutory distribution
formulas of criminal penalty assessments in the
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State Penalty Fund. The modified statutory
distribution formulas will support services for
victims of crime, including vulnerable victim
populations such as children, elderly, mentally
ill and homeless.
2. Driver Training Fund Background
The Driver Training Penalty Assessment Fund was established to
deposit specified penalty assessments, received as transfers
from the State Penalty Fund, for the purpose of reimbursing the
General Fund for payments to school districts pursuant to
Education Code Section 41394. For a number of years the money
has been redirected with the bulk of the money going to the
General Fund, $19.7 million according to the Assembly
Appropriations Committee analysis of AB 1657.
3. Child Advocacy Centers
This bill creates a grant program through Office of Emergency
Services for Child Advocacy Centers to be supported by money
from the State Penalty Assessments.
According to the California District Attorneys Association:
In July 1994, the Attorney General submitted to the
Legislature a report on "child victim witness
investigation pilot projects," which were designed to
test the use of multi-disciplinary centers in
investigating child abuse. The report concluded that
these centers, which allow for an interview by a trained
forensic interviewer while other professionals (e.g.
social workers, medical and mental health professionals,
child welfare and law enforcement) listen and observe
the interview, were effective in keeping the trauma
experienced by the child abuse victims to a minimum.
This conclusion is consistent with expert opinion that
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children can be traumatized by multiple interviews
conducted by multiple professionals.
The provision of services for child victims through
Child Advocacy Centers is crucial to identifying and
meeting the needs of child victims and their families.
Child Advocacy Centers are crucial to a fair and
sensitive treatment of children victimized physically
and/or sexually.
4. Victim Trauma Centers
This bill creates a grant program through Office of Emergency
Services for Victim Trauma Centers to be supported by money from
the State Penalty Assessments.
According to the California District Attorneys Association:
The San Francisco Trauma Recovery Center, created in
2001, has proven to be an extremely effective program
and has been nationally recognized for its innovative
and comprehensive model of care. Since its inception,
the Trauma Recovery Center has served some of the most
vulnerable individuals, including victims of sexual
assault, domestic violence, gunshot injuries, and
stabbing victims. Importantly, the Trauma Recovery
Center is able to reach individuals who are typically
unable to access traditional services, including the
homeless, chronically mentally ill, culturally and
ethnically diverse victims, members of immigrant and
refugee groups, victims with severe trauma-related
symptoms and others with complex psychological issues.
In addition to San Francisco, the Trauma Recovery Center
has served crime victims in Alameda, San Mateo, Santa
Clara and Marin Counties.
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5. California Witness Protection Program
According to the California District Attorneys Association:
The California Witness Protection Program was created in
1997 in response to the acute need for California to
protect key witnesses of violence against intimidation
by people associated with criminal activity, such as
gang members and perpetrators of domestic violence. The
Program covers costs for relocating witnesses, allows
them to change their identities and provides them with
food while the criminal proceedings are underway. The
program as been successful in protecting witnesses and
preserving the integrity of the criminal justice
process.
The Witness Protection Program received $3 million in FY
2003-04 from the Driver Training Penalty Assessment
Fund. Currently, the Witness Protection Program
receives funding from the Restitution Fund and, thus is
subject to a legislative appropriation in the annual
state budget.
6. Changes to Statutory Distribution of State Penalty Fund
Penal Code Section 1464 provides for an additional "state
penalty" of $10 for every $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, involving the Vehicle Code. This bill will make
changes to those distributions as follows:
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| |Existing|Proposed|
| | | |
|-----------------------------------------------+--------+--------|
|Fish and Game Preservation Fund | | |
| |.33% |.33% |
|-----------------------------------------------+--------+--------|
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|Restitution Fund |32.02% |32.02% |
|-----------------------------------------------+--------+--------|
|Peace Officers' Training Fund |23.99% |33.49% |
|-----------------------------------------------+--------+--------|
|Driver Training Penalty Assessment Fund |25.70% | 1.0% |
|-----------------------------------------------+--------+--------|
|Corrections Training Fund | 7.88% | 7.88% |
|-----------------------------------------------+--------+--------|
|Local Public Prosecutors and Public Defenders | | 1.25% |
|Training Fund |.78% | |
|-----------------------------------------------+--------+--------|
|Victim/Witness Assistance Fund | 8.64% |14.40% |
|-----------------------------------------------+--------+--------|
|Traumatic Brain Injury Fund | | |
| |.66% |.66% |
|-----------------------------------------------+--------+--------|
|Child Advocacy Center Fund |0% | 4.97% |
|-----------------------------------------------+--------+--------|
|Victim Trauma Recovery Fund |0% | 2.00% |
|-----------------------------------------------+--------+--------|
|Witness Protection Program |0% | 2.00% |
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Supporters of these changes argue that money is needed to
support Child Advocacy Centers, Victim Trauma Recovery Centers
and the Witness Protection Program. The Chief Probation
Officers of California note:
Jurisdictions throughout the State are struggling to
maintain Child Advocacy Centers designed to mitigate
the trauma of child sexual abuse and multiple
investigative interviews of children. The
multidisciplinary interview model is an invaluable tool
not just in terms of improving the quality of the
investigation but also the timely and effective service
delivery to children and families in our community.
The County Welfare Directors Association of California state:
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This legislation would enable the expanded use of
multidisciplinary teams and interview centers,
ultimately improving the result for children and
families in our child welfare system.
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