BILL ANALYSIS
SB 733
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Date of Hearing: June 15, 2010
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 733 (Leno) - As Amended: January 26, 2010
REVISED
SUMMARY : Authorizes the California Victims Compensation and
Government Claims Board (CVCGCB) to evaluate applications and
award grants totaling up to $3 million, up to $1.7 million per
center, to multi-disciplinary trauma recovery centers (TRCs)
that provide specified services to and resources for crime
victims. Specifically, this bill :
1)Requires the following services to be considered for an award
grant:
a) Mental health services;
b) Community outreach services; and,
c) Coordination among medical personnel, mental health care
providers, law enforcement and social services.
2)Makes codified legislative declarations and findings regarding
the importance of providing treatment and services to victims
of crimes.
EXISTING LAW :
1)Requires the CVCGCB to enter into an interagency agreement
with the University of California, San Francisco (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. [Government
Code Section 13974.5(a).]
2)States legislative intent to provide services to meet the
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needs of both victims and witnesses of crime through the
funding of local comprehensive centers for victim and witness
assistance. [Penal Code Section 13835(f).]
3)Finds that although the State of California has a fund for
needy victims of violent crimes, and compensation is available
for medical expenses, lost income or wages, and rehabilitation
costs, the application process may be difficult, complex, and
time-consuming, and victims may not be aware that the
compensation provisions exist. [Penal Code Section 13835(f).]
4)Declares that there is a need to develop methods to reduce the
trauma and insensitive treatment that victims and witnesses
may experience in the wake of a crime since all too often
citizens who become involved with the criminal justice system,
either as victims or witnesses to crime, are further
victimized by that system. [Penal Code Section 13835(a).]
5)States that when a crime is committed, the chief concern of
criminal justice agencies has been apprehending and dealing
with the criminal; and that after police leave the scene of
the crime, the victim is frequently forgotten. [Penal Code
Section 13835(b).]
6)Declares that victims often become isolated and receive little
practical advice or necessary care. [Penal Code Section
13835(c).]
7)Declares that a large number of victims and witnesses are
unaware of both their rights and obligations. [Penal Code
Section 13835(e).]
8)Creates the Victims of Crime Program, administered by the
CVCGCB, 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 CVCGCB for these purposes.
(Government Code Sections 13950 to 13968.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "At any given
time, crime statistics suggest that there are many more
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victims of crime in California eligible for services from the
CVCGCB than actually seek it out. Disadvantaged crime victims
have an especially difficult time gaining access to the
system. A bureaucratic maze of paperwork effectively denies
them assistance and represents an inherent bias in the current
system of care. Victims are required to produce as many as 10
supporting documents to establish eligibility before beginning
a waiting period - lasting up to three months or more - to
find out whether their application for compensation has been
accepted. The goal of the state's victim services, and the
obligation of the state, is to serve victims, all victims, not
just those savvy enough to navigate the system.
"SB 733 offers victims an alternative by providing for the
establishment of a grant program within the CVCGCB which would
provide TRCs with the funding they need to offer expert
medical treatment directly to victims of crime.
"The grant program will be administered by the CVCGCB and would
fund programs that replicate the victim service model
developed at the San Francisco TRC (San Francisco General
Hospital/UCSF) which utilizes a multidisciplinary staff to
provide direct mental health services and treatment to victims
while coordinating services with law enforcement and other
social service agencies all under one roof. This victim
service model has received national recognition for its
ability to cost effectively meet the special needs of crime
victims immediately following their trauma.
"Unlike California's Victim Compensation Program (VCP), the
Trauma Recovery model allows for aggressive outreach to
vulnerable populations - those individuals that are most
susceptible to becoming victims of crime and also the least
likely to benefit from VCP services.
"Given the State Auditor's findings in the 2008 audit of the
CVCGCB, including a significant decline in payments to
victims, increased program costs, unprocessed claims, and
consistently poor community outreach, the importance of
implementing a sustainable alternative service model cannot be
overstated.
"By allowing Restitution Funds to flow directly to TRCs through
a clear and competitive process, SB 733 takes the first
important step toward achieving a more comprehensive,
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clinically cost-effective, approach to expanding the
availability of treatment services to victims throughout
California."
2)Background : According to the background submitted by the
author, "As with any serious health issue - cancer, stroke,
bodily injury - early treatment is critical for a good
outcome. Unfortunately, the state's current system of victim
services achieves the opposite. Instead of rapid
intervention, victims must: (a) find out on their own that
the State offers compensation for certain health and support
services and then obtain those services, (b) victims must then
navigate a highly bureaucratic paperwork process which
requires them to produce as many as ten documents for
verifying agencies including birth certificates, police
reports, etc., before (c) beginning a waiting period - lasting
up to three months or more - to find out whether their
application for compensation from the CVCGCB has been
accepted.
"The current fee-for-service approach cannot - by its very
design - provide timely support to California's crime victims.
"The State Auditor confirmed in the 2008 report, 'Victim
Compensation and the Government Claims Board: It has begun
improving the Victim Compensation Program, but More Remains to
be Done,' that the current system has failed to adequately
meet the needs of California's crime victims.
" Our Broken System - Facts from the CA State Auditor's Report :
a) "Over a four-year period, CVCGCB decreased the amount of
payments distributed to victims by 50% - from $123.9
million to $61.6 million
b) "Despite the significant decline in payments, program
costs have increased.
c) One-in-three victims failed to receive their claim
within 30 days, and 23 of the 77 paid bills examined took
longer than 90 days to be processed.
d) "Many victims are unaware of the existence of support
services due to the CVCGCB's consistently poor community
outreach.
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"It's clear we need a different way of doing business. SB 733
offers victims an alternative by authorizing the use of
Restitution Fund money for exactly what it was intended for -
providing services to crime victims.
"By allowing CVCGCB to administer up to $3 million annually
from the Restitution Fund for grants to trauma recovery
programs that can demonstrate improved treatment and services
for crime victims, SB 733 begins to implement a more
cost-effective, nationally recognized model that meets the
special needs of crime victims immediately following their
crime-related trauma."
3)Condition of the Victims Compensation Fund; Funding for TRCs :
Concerns have been raised about whether TRCs should be funded
by the Victims Compensation Fund. As noted in the author's
statement and in the text of this bill, many - if not most -
of the services provided by a TRC are eligible for
reimbursement from the VCP. Further, the TRC model arguably
provides particularly cost-effective and efficient services.
The UCSF TRC model would appear likely to be replicated
without undue strain on the Victim Compensation Fund.
A summary (expressed in millions of dollars) of the condition of
the fund (from the 2007 2008 CVCGC report) follows:
Beginning Fund Balance
136.2
Revenue
Restitution Fines and Fees
63.1
Penalty Assessments
54.0
Restitution Orders
7.0
Civil or Criminal Violations
1.9
Liens on Civil Suits
1.2
Federal VOCA Grant
32.1
Miscellaneous Revenue
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1.2
Subtotal FY 2007-08 Revenue
160.50
Total Reserves and FY 2007-08 Revenue
296.70
Expenditures
Adjusted Claims Payments
82.10
Program Costs:
Salaries and Benefits
21.70
Joint Powers Contracts
11.10
Criminal Restitution Compact Contracts
2.90
Interagency and Other Contracts
1.80
Facilities Operations and Pro Rata
3.80
Data Center and Processing
4.00
Operating Expenses
1.50
Total Program Costs
46.80
Special Appropriations:
Department of Justice
6.70
Office of Emergency Services
10.20
Ten-Percent Rebate Program
5.70
State Controller's Office
0.03
County Special Elections Costs
2.60
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Total Special Appropriations
25.20
Total Expenditures
154.10
Ending Fund Balance
142.60
2008-2009 Transfer to General Fund -
80.00
4)Argument in Support :
a) According to the California Emergency Nurses Association
(CalENA) , "CalENA members understand and witness the
tragedies that befall victims who are admitted to trauma
centers. Services and financial assistance that can
address critical needs and provide rehabilitation programs
is a much needed resource for victims and their families.
"California trauma centers help victims face reality on a
daily basis as it pertains to their health conditions.
Improving the outreach efforts to educate victims of crime
will empower them to become rehabilitated back into society
as healthy beings. When victims understand their rights
and the services available to them, they transition back
into the workplace at a higher rate, as well as participate
with local law enforcement and the District Attorney's
office to eliminate crime in their neighborhood and
communities.
"CalENA is pleased to support you in your effort to establish
a grant program that will streamline cost effective
intervention programs and offer comprehensible services to
victims of crime. The program will not only provide the
victim with medical treatment in a timely fashion but also
heal communities and reduce crime."
b) According to the Los Angeles District Attorney's Office ,
"Los Angeles County, as the largest county in the State,
has the greatest need for trauma centers to be available to
provide medical assistance, especially emergency
assistance, to victims suffering injury from sexual
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assault, domestic violence, physical assault, shooting,
stabbing and vehicular assault. The recent closing of the
Martin Luther King Medical facility has placed stresses on
County's medical. SB 733 provides an incentive for
hospitals to provide trauma services that are much needed
and should always be readily available to victims of
crime."
5)Argument in Opposition :
a) According to the California Victim Compensation and
Government Claims Board (CVCGCB) , "[t]his bill requires the
CVCGCB to administer a grant program supporting trauma
centers, which would be funded through future
appropriations of up to $3 million per year from the
Restitution Fund. The Restitution Fund will not be in a
position to absorb such appropriations in the projectable
future and without these appropriations, the bill has no
effect. Factors that contribute to the CVCGCB's oppose
position are as follows.
"In 2007, the Governor vetoed AB 1669, which would have
authorized funds from the Restitution Fund to be used for
grants supporting trauma centers, stating that: 'the use of
the Restitution Fund to replicate and fund programs of this
type presents a significant concern to its ongoing ability
to support the compensation of crime victims for which it
was established.
"The Restitution Fund balance at the end of Fiscal Year (FY)
07-08 was $133.1 million. Due to a transfer of $80 million
to the General Fund and steadily increasing payouts, the
fund balance is projected to be $31 million and the end of
FY 09-10 and $6.5 million at the end FY 10-11. The
Restitution Fund projects to be insolvent before the end of
FY 11-12.
"The Victim Compensation Program paid out $82.1 million to
compensate victims in FY 07-08, and payouts for FY 08-09
increased to $94 million.
"The Restitution Fund provided $3.1 million in FY 06-07 to
fund the San Francisco Trauma Recovery Center as a result
of AB 50. Only $106,380 of that $1.3 million was eligible
for our annual federal VOCA (Victims of Crime Act) grant,
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which matches 60 percent of eligible payouts."
b) According to the California Coalition Against Sexual
Assault , "AB 733 would, upon appropriation of the
Legislature, authorize the CVCGCB to administer a $3
million grant program for trauma centers. The funds would
be appropriated from the State Restitution Fund, which is
the key funding source for compensation paid to victims of
violent crime through the California Victim's Compensation
Program (VCP). The Restitution Fund receives the majority
of its revenue from fines and penalties paid by criminal
offenders.
"SB 733 threatens the long-term financial stability of the
State Restitution Fund in its attempt to appropriate $3
million for grants to trauma centers. For FY 2010-11, the
Restitution Fund is projected to have its lowest
end-of-year balance in the several years ($6.5M). Any
future fiscal pressures may jeopardize the fiscal viability
of the fund, thereby undermining the original intent to
help victims of violent crimes and their families deal with
the emotional, physical and financial aftermath of crime.
"This fund is essential to victims throughout the state and
this time we must join with others in opposing this
legislation until the Restitution Fund is restored to a
stable balance."
6)Prior Legislation :
a) AB 1669 (Leno), of the 2007-08 Legislative Session,
would have appropriated $1.5 million for the TRC at the San
Francisco General Hospital. AB 1669 was vetoed.
b) AB 50 (Leno), Chapter 884, Statutes of 2006,
appropriated $1.3 million for the TRC at the San Francisco
General Hospital.
REGISTERED SUPPORT / OPPOSITION :
Support
California Catholic Conference
California Crime Victims for Alternatives to the Death Penalty
California Emergency Nurses Association
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California Protective Parents Association
City and County of San Francisco
City of Albany
County of San Bernardino
Justice for Homicide Victims, Inc.
Law Enforcement Chaplaincy-Sacramento
Los Angeles District Attorney's Office
Northern California Psychiatric Society
San Mateo Medical Center
One private individual
Opposition
California Coalition Against Sexual Assault
Crime Victims Action Alliance
California Victim Compensation and Government Claims Board
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744