Existing law requires the Office of Emergency Services to make available various funds to programs that provide supportive services to the victims of crime.

This bill would establish, within the office, the Victims of Crime Act Funding Advisory Committee, composed of 17 specified members who are appointed by the Governor, the Senate Committee on Rules, and the Speaker of the Assembly, as specified. The bill would establish initial terms of 2 years for members of the committee, require the committee to meet twice a year, and prohibit compensation for members, except for a per diem payment to members who have been a victim of a crime. The bill would require the office to seek the recommendation of the committee regarding the distribution of funds received by the state pursuant to the federal Victims of Crime Act, also known as VOCA, before making a distribution, of any kind, of those funds. The bill would specifically require the committee to comply with the Bagley-Keene Open Meeting Act.

Existing law requires the Office of Emergency Services to make available various funds to programs that provide supportive services to the victims of crime.

This bill would establish establish, within the office, the Victims of Crime Act Funding Advisory Committee, composed of 17 specified members who are appointed by the Governor, the President pro Tempore of the Senate, Senate Committee on Rules, and the Speaker of the Assembly, as specified. The bill would establish initial terms of 2 years for members of the committee, require the committee to meet twice a year, and prohibit compensation for members, except for a per diem payment to members who have been a victim of a crime. The bill would require the office to seek the recommendation of the committee regarding the distribution of funds received by the state pursuant to the federal Victims of Crime Act, also known as VOCA, before making a distribution, of any kind, of those funds. The bill would specifically require the committee to comply with the Bagley-Keene Open Meeting Act.

Existing law requires the Office of Emergency Services to make available various funds to programs that provide supportive services to the victims of crime.

This bill would establish the Victims of Crime Act Funding Advisory Committee, composed of 17 specified members who are appointed by, and serve at the pleasure of, the Governor. by the Governor, the President pro Tempore of the Senate, and the Speaker of the Assembly, as specified. The bill would establish initial terms of 2 years for members of the committee, require the committee to meet twice a year, and prohibit compensation for members, except for a per diem payment to members who have been a victim of a crime. The bill would require the office to seek the recommendation of the committee regarding the distribution of funds received by the state pursuant to the federal Victims of Crime Act, also known as VOCA, before make making a distribution, of any kind, of those funds. The bill would specifically require the committee to comply with Bagley-Keene Open Meeting Act.

Existing law encourages the Department of Justice to utilize federal Victims of Crimes Act (VOCA) funds to implement provisions of law relating to the Spousal Abuser Prosecution Program.

This bill would state the intent of the Legislature to enact legislation regarding the transparency of the Office of Emergency Services distribution process for federal Victims of Crime Act grant funding.

GOVERNOR'S VETO

GV Bill Id:AB 2177

Author:(Maienschein)

As Enrolled Ver:August 18, 2016

2/3 vote

Original Committee Reference: PUB. S.

SUMMARY: Establishes the Victims of Crime Act Funding Advisory Committee to assist the Office of Emergency Services (OES) in distributing federal Victims of Crime Act (VOCA) funds.

The Senate amendments provide that the members to be appointed by the Senate shall be appointed by the Senate Rules Committee, rather than by the President pro Tempore of the Senate.

EXISTING LAW:

1. Establishes the OES.
2. Transferred the responsibilities of the now-defunct Office of Criminal Justice Planning to the OES.
3. Authorizes OES to expend funds for local domestic violence programs, subject to availability.
4. Establishes a Comprehensive Statewide Domestic Violence Program administered by the OES in order to provide financial and technical assistance to local domestic violence service providers.
5. Requires OES to consult with an advisory council in implementing the program.
6. Establishes an appointed Domestic Violence Advisory Council consisting of "experts in the provision of either direct or intervention services to victims of domestic violence and their children."
7. Includes in the council's membership: domestic-violence victims' advocates; battered-women service providers; representatives of women's organizations; law enforcement; at least one representative serving the lesbian, gay, bisexual, and transgender communities; and other groups involved with domestic violence.
8. Requires the council and the OES to closely collaborate in developing funding priorities, framing the request for proposals, and soliciting proposals for domestic violence and sexual assault/rape crisis grant programs.

AS PASSED BY THE ASSEMBLY, this bill:

1. Established the Victims of Crime Act Funding Advisory Committee (advisory committee).
2. Required OES to seek the recommendation of the advisory committee regarding the distribution of federal Victims of Crime Act (VOCA) funds received by the state before making a distribution of any kind of those funds.
3. Provided that the advisory committee shall be comprised of the following 17 members:
   1. One law enforcement representative to be appointed by the Governor;
   2. Eight crime victims (four appointed by the Governor, and two each by the President Pro Tempore of the Senate and the Speaker of the Assembly); and,
   3. Eight representatives from victims' services organizations (four appointed by the Governor, and two each by the President Pro Tempore of the Senate and the Speaker of the Assembly).
4. Stated that the initial terms of membership on the advisory committee is two years, and that members are eligible to be reappointed twice.
5. Required the advisory committee to select a chairperson from its membership.
6. Stated that the members shall serve without compensation, except that members who are crime victims shall receive per diem.
7. Required the advisory committee to meet twice a year, as specified.
8. Required the advisory committee to comply with the Bagley-Keene Open Meeting Act.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8 negligible state costs.

COMMENTS: According to the author, "Facilitating public participation in the administration of governmental programs is important to fulfilling the important goal of government transparency. When the doors of government are open and accessible to all, the efficacy of the programs it administers better reflect the needs of everyday citizens who stand to benefit from their administration.

"The federal Victims of Crime Act (VOCA) funds administered by the Office of Emergency Services (OES) serve an exceedingly important purpose: they bring important and needed victims services to communities across the state where people have suffered trauma and loss as a result of crime. Last year the state of California was given over $230 million for distribution to victim services programs across the state. Current OES management of the VOCA funds includes use of a steering committee made of organizational leaders that meet privately and advise OES on both the grant application process and which programs should receive grants. Missing from this process are two important things: the voice of the people impacted by crime and a public, transparent process with a venue for greater community input.

"Assembly Bill 2177 will create a VOCA Advisory Committee that will be comprised of not just service providers but also the very victims that VOCA funds are designed to serve. This body will meet publicly to provide a venue for community and stakeholder feedback that features the voice of survivors of crime. Victims of crime report that one of the most important parts of the healing process is the opportunity to be heard, an opportunity that can only begin to be fully realized when there is a venue, process and body that is representative of the needs of crime victims themselves."

Please see the policy committee analysis for a full discussion of this bill.

GOVERNOR'S VETO MESSAGE:

This bill establishes a new 17 member committee to assist the Office of Emergency Services in distributing federal Victims of Crime Act funds.

The federal Victims of Crime Act is a critical source of funding for important programs in California, and transparency when awarding these funds is crucial. I believe this bill, however, is duplicative of existing efforts. The Budget Act made it easier to track these funds by separating them from other programmatic spending. Furthermore, the Office of Emergency Services has already established a Victims of Crime Act Steering Committee with the responsibility of receiving comments and testimony from the public and to provide advice on the distribution of grants.

Together, these actions serve the same purpose as envisioned by this bill, therefore, it is unnecessary.

Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0004961

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2177

Author:(Maienschein)

As Amended Ver:August 2, 2016

Majority vote

Original Committee Reference: PUB. S.

SUMMARY: Establishes the Victims of Crime Act Funding Advisory Committee to assist the Office of Emergency Services (OES) in distributing federal Victims of Crime Act (VOCA) funds.

The Senate amendments provide that the members to be appointed by the Senate shall be appointed by the Senate Rules Committee, rather than by the President pro Tempore of the Senate.

EXISTING LAW:

1. Establishes the OES.
2. Transferred the responsibilities of the now-defunct Office of Criminal Justice Planning to the OES.
3. Authorizes OES to expend funds for local domestic violence programs, subject to availability.
4. Establishes a Comprehensive Statewide Domestic Violence Program administered by the OES in order to provide financial and technical assistance to local domestic violence service providers.
5. Requires OES to consult with an advisory council in implementing the program.
6. Establishes an appointed Domestic Violence Advisory Council consisting of "experts in the provision of either direct or intervention services to victims of domestic violence and their children."
7. Includes in the council's membership: domestic-violence victims' advocates; battered-women service providers; representatives of women's organizations; law enforcement; at least one representative serving the lesbian, gay, bisexual, and transgender communities; and other groups involved with domestic violence.
8. Requires the council and the OES to closely collaborate in developing funding priorities, framing the request for proposals, and soliciting proposals for domestic violence and sexual assault/rape crisis grant programs.

AS PASSED BY THE ASSEMBLY, this bill:

1. Established the Victims of Crime Act Funding Advisory Committee (advisory committee).
2. Required OES to seek the recommendation of the advisory committee regarding the distribution of federal Victims of Crime Act (VOCA) funds received by the state before making a distribution of any kind of those funds.
3. Provided that the advisory committee shall be comprised of the following 17 members:
   1. One law enforcement representative to be appointed by the Governor;
   2. Eight crime victims (four appointed by the Governor, and two each by the President Pro Tempore of the Senate and the Speaker of the Assembly); and,
   3. Eight representatives from victims' services organizations (four appointed by the Governor, and two each by the President Pro Tempore of the Senate and the Speaker of the Assembly).
4. Stated that the initial terms of membership on the advisory committee is two years, and that members are eligible to be reappointed twice.
5. Required the advisory committee to select a chairperson from its membership.
6. Stated that the members shall serve without compensation, except that members who are crime victims shall receive per diem.
7. Required the advisory committee to meet twice a year, as specified.
8. Required the advisory committee to comply with the Bagley-Keene Open Meeting Act.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8 negligible state costs.

COMMENTS: According to the author, "Facilitating public participation in the administration of governmental programs is important to fulfilling the important goal of government transparency. When the doors of government are open and accessible to all, the efficacy of the programs it administers better reflect the needs of everyday citizens who stand to benefit from their administration.

"The federal Victims of Crime Act (VOCA) funds administered by the Office of Emergency Services (OES) serve an exceedingly important purpose: they bring important and needed victims services to communities across the state where people have suffered trauma and loss as a result of crime. Last year the state of California was given over $230 million for distribution to victim services programs across the state. Current OES management of the VOCA funds includes use of a steering committee made of organizational leaders that meet privately and advise OES on both the grant application process and which programs should receive grants. Missing from this process are two important things: the voice of the people impacted by crime and a public, transparent process with a venue for greater community input.

"Assembly Bill 2177 will create a VOCA Advisory Committee that will be comprised of not just service providers but also the very victims that VOCA funds are designed to serve. This body will meet publicly to provide a venue for community and stakeholder feedback that features the voice of survivors of crime. Victims of crime report that one of the most important parts of the healing process is the opportunity to be heard, an opportunity that can only begin to be fully realized when there is a venue, process and body that is representative of the needs of crime victims themselves."

Please see the policy committee analysis for a full discussion of this bill.

Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0003896

 CONSENT  

Bill No: AB 2177

Author:

:

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/28/16

AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 80-0, 5/31/16 - See last page for vote

SUBJECT:

SOURCE: Californians for Safety and Justice

DIGEST: This bill establishes within the Office of Emergency Services a Victims of Crime Act Funding Advisory Committee regarding the distribution of funds received by the state pursuant to the federal Victims of Crime Act, as specified.

ANALYSIS:

Existing law:

1. Establishes the Office of Emergency Services (OES). (Gov. Code, § 8585, subd. (a)(1).)
2. Transfers the responsibilities of the now-defunct Office of Criminal Justice Planning to the OES. (Pen. Code, § 13820, subd. (a)(1).)
3. Authorizes OES to expend funds for local domestic violence programs, subject to availability. (Pen. Code, § 13823.3.)
4. Establishes a Comprehensive Statewide Domestic Violence Program administered by the OES in order to provide financial and technical assistance to local domestic violence service providers. (Pen. Code, § 13823.15, subd. (b).)
5. Requires OES to consult with an advisory council in implementing the Program. (Pen. Code, § 13823.15, subd. (c).)
6. Establishes an appointed Domestic Violence Advisory Council consisting of "experts in the provision of either direct or intervention services to victims of domestic violence and their children," as specified. (Pen. Code, § 13823.16.)
7. Requires the Council and the OES to closely collaborate in developing funding priorities, framing the request for proposals, and soliciting proposals for domestic violence and sexual assault/rape crisis grant programs. (Pen. Code, § 13823.16, subd. (c).)

This bill:

1. Enacts a new law to require OES to seek the recommendation of the Victims of Crime Act Funding Advisory Committee regarding the distribution of funds received by the state pursuant to the federal Victims of Crime Act, also known as VOCA, before making a distribution, of any kind, of those funds.
2. Provides that the Victims of Crime Act Funding Advisory Committee is hereby established within OES and shall be composed of the following 17 members:
   1. One member who represents law enforcement. The Governor shall appoint this member.
   2. Eight members who have been a victim of a crime. The Governor shall appoint four of these members, and the Senate Rules Committee and the Speaker of the Assembly shall each appoint two members.
   3. Eight members who represent the interests of organizations that specialize in providing services to the victims of crime. The Governor shall appoint four of these members, and the President pro Tempore of the Senate and the Speaker of the Assembly shall each appoint two members.
3. Provides that the initial terms of membership on the Committee shall be two years. Members are eligible to be reappointed twice after an initial term.
4. Requires the Committee to elect a chairperson from its membership.
5. Requires that the members serve without compensation and would get per diem.
6. Requires that the Committee meet twice a year.
7. Requires that the Committee “make a recommendation on the distribution of funds at one meeting and shall provide input on the efficacy of programs that have been funded at the other meeting.”
8. Requires that the Committee shall comply with the Bagley-Keene Open Meeting Act.

Background

OES is primarily responsible for assuring the state’s readiness to respond to and recover from natural and man–made emergencies. In addition, OES administers certain grant programs, including most of the state’s victim grant programs.

The OES received responsibility for these programs in 2004–05, which were previously under the jurisdiction of the Office of Criminal Justice Planning (OCJP). When OCJP was eliminated, most of its programs (including the various victim programs below) were transferred to OES even though OES did not have expertise in these program areas. (See The 2015-16 Budget: Improving the State Programs for Crime Victims, Legislative Analyst's Office, March 18, 2015, pp. 9-10, <http://www.lao.ca.gov/reports/2015 /budget/crime-victims/crime-victims-031815.pdf .)

One of the grant programs administered by OES is the federal VOCA Formula Grant Program. The VOCA grant program provides funding to states to support crime victim assistance programs to do the following: 1) respond to the emotional and physical needs of crime victims, 2) help primary and secondary victims of crime stabilize their lives after a victimization, 3) help victims to understand and participate in the criminal justice system, and 4) provide victims of crime with a measure of safety and security.

Under the federal requirements, states must commit a certain percentage of the funding to domestic violence, child abuse, sexual assault, and underserved crime victims. The remaining funds can be used to support other crime victim assistance programs. VOCA assistance funds may be used only for direct services to crime victims. Services such as offender rehabilitation, criminal justice improvements, and crime prevention activities cannot be supported with VOCA assistance funds.

States competitively award VOCA funds to local community-based organizations that provide services directly to victims of crime. Each state has discretion to decide which organizations will receive funding based upon the VOCA victim assistance guidelines and the needs of crime victims within the state.

While OES receives federal VOCA funds yearly, in the Fiscal Year 2015 Budget, OES received a significantly increased award over recent annual awards. It was awarded $232.732 million.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 8/10/16)

Californians for Safety and Justice (source)

California Catholic Conference

OPPOSITION: (Verified 8/10/16)

None received

ASSEMBLY FLOOR: 80-0, 5/31/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

Prepared by: Alison Anderson / PUB. S. /

8/10/16 16:03:45

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Loni Hancock, Chair

2015 - 2016 Regular

Bill No: AB 2177 Hearing Date: June 28, 2016

Subject: Victims of Crime Act Funding Advisory Committee

HISTORY

Source: Californians for Safety and Justice

Prior Legislation: None

Support: California Catholic Conference

Opposition: None Known

Assembly Floor Vote: 80 - 0

PURPOSE

The purpose of this bill is to establish within the Office of Emergency Services a Victims of Crime Act Funding Advisory Committee regarding the distribution of funds received by the state pursuant to the federal Victims of Crime Act, as specified.

Current law establishes the Office of Emergency Services (OES). (Gov. Code, § 8585, subd. (a)(1).)

Current law transferred the responsibilities of the now-defunct Office of Criminal Justice Planning to the OES. (Pen. Code, § 13820, subd. (a)(1).)

Current law authorizes OES to expend funds for local domestic violence programs, subject to availability. (Pen. Code, § 13823.3.)

Current law establishes a Comprehensive Statewide Domestic Violence Program administered by the OES in order to provide financial and technical assistance to local domestic violence service providers. (Pen. Code, § 13823.15, subd. (b).)

Current law requires OES to consult with an advisory council in implementing the program. (Pen. Code, § 13823.15, subd. (c).)

Current law establishes an appointed Domestic Violence Advisory Council consisting of "experts in the provision of either direct or intervention services to victims of domestic violence and their children." (Pen. Code § 13823.16, subd. (a).)

Current law includes in the council's membership: domestic-violence victims' advocates; battered-women service providers; representatives of women's organizations; law enforcement; at least one representative serving the lesbian, gay, bisexual, and transgender communities; and other groups involved with domestic violence. (Pen. Code § 13823.16, subd. (b).)

Current law requires the council and the OES to closely collaborate in developing funding priorities, framing the request for proposals, and soliciting proposals for domestic violence and sexual assault/rape crisis grant programs. (Pen. Code § 13823.16, subd. (c).)

This bill would enact a new law to require OES to “seek the recommendation of the ​Victims of Crime Act Funding Advisory Committee . . . regarding the distribution of funds received by the state pursuant to the federal Victims of Crime Act, also known as VOCA, before making a distribution, of any kind, of those funds.

This bill would provide that the “Victims of Crime Act Funding Advisory Committee is hereby established within the Office of Emergency Services and shall be composed of the following 17 members:

1. One member who represents law enforcement. The Governor shall appoint this member.
2. Eight members who have been a victim of a crime. The Governor shall appoint four of these members, and the President pro Tempore of the Senate and the Speaker of the Assembly shall each appoint two members.
3. Eight members who represent the interests of organizations that specialize in providing services to the victims of crime. The Governor shall appoint four of these members, and the President pro Tempore of the Senate and the Speaker of the Assembly shall each appoint two members.”

This bill would provide that the initial terms of membership on the committee shall be two years. Members are eligible to be reappointed twice after an initial term.

This bill would require the committee to elect a chairperson from its membership.

This bill would require that the members serve without compensation and would get per diem.

This bill would require that the committee meet twice a year.

This bill would require that the committee “make a recommendation on the distribution of funds at one meeting and shall provide input on the efficacy of programs that have been funded at the other meeting.”

This bill would require that the committee shall comply with the Bagley-Keene Open Meeting Act.

RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

For the past several years this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.

On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:

• 143% of design bed capacity by June 30, 2014;
• 141.5% of design bed capacity by February 28, 2015; and,
• 137.5% of design bed capacity by February 28, 2016.

In December of 2015 the administration reported that as “of December 9, 2015, 112,510 inmates were housed in the State’s 34 adult institutions, which amounts to 136.0% of design bed capacity, and 5,264 inmates were housed in out-of-state facilities. The current population is 1,212 inmates below the final court-ordered population benchmark of 137.5% of design bed capacity, and has been under that benchmark since February 2015.” (Defendants’ December 2015 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).) One year ago, 115,826 inmates were housed in the State’s 34 adult institutions, which amounted to 140.0% of design bed capacity, and 8,864 inmates were housed in out-of-state facilities. (Defendants’ December 2014 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)

While significant gains have been made in reducing the prison population, the state must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:

• Whether a proposal erodes a measure which has contributed to reducing the prison population;
• Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;
• Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;
• Whether a proposal corrects a constitutional problem or legislative drafting error; and
• Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.

COMMENTS

1. Stated Need for This Bill

The author states:

The Office of Emergency Services (OES) administers federal Victim of Crime Act (VOCA) funds through a grant process to fund victim services. OES convenes a steering committee to advise it on management of their VOCA grant program. Currently, this committee is comprised of representatives from a variety of service areas that include domestic violence victims, LGBT victims, children’s victims, and sexual assault victims, among others. The list of members to this steering committee is not readily accessible to the public. Almost all of the representatives are Directors of organizations that provide services or work with organizations that provide services to victims. This committee meets in private and makes recommendations to OES about the drafting of the Request for Proposals (RFP) to apply for funds as well as the awarding of funds. Because of the lack of public meetings, many victims services groups were not even aware of the issuance of the RFP, which was timed to coincide with the Christmas and New Year’s holiday this past year.

This bill would require OES to engage the public and more importantly, victims themselves. Victims of crimes served by VOCA funds who do not represent any organizational interests should be included in the RFP drafting process, the application review process and discussions surrounding the current gaps and duplicity in services around the state. Victims also offer important insight on the efficacy of programs and services that can be funded by VOCA funds. Requiring the committee to meet publicly will provide the broader community with the opportunity to provide important feedback that OES does not currently receive through its steering committee. Requiring the committee to review and make recommendations before funds are disbursed will inform OES prior to the making of final decisions.

1. Background – OES; Federal VOCA Funding

"OES is primarily responsible for assuring the state’s readiness to respond to and recover from natural and man–made emergencies. In addition, OES administers certain grant programs, including most of the state’s victim grant programs.

"The OES received responsibility for these programs in 2004–05, which were previously under the jurisdiction of the Office of Criminal Justice Planning (OCJP). When OCJP was eliminated, most of its programs (including the various victim programs below) were transferred to OES even though OES did not have expertise in these program areas." (See The 2015-16 Budget: Improving the State Programs for Crime Victims, Legislative Analyst's Office, March 18, 2015, pp. 9-10, <http://www.lao.ca.gov/reports/2015 /budget/crime-victims/crime-victims-031815.pdf.)

One of the grant programs administered by Cal OES is the federal VOCA Formula Grant Program. The VOCA grant program provides funding to states to support crime victim assistance programs to do the following: 1) respond to the emotional and physical needs of crime victims, 2) help primary and secondary victims of crime stabilize their lives after a victimization, 3) help victims to understand and participate in the criminal justice system, and 4) provide victims of crime with a measure of safety and security.

Under the federal requirements, states must commit a certain percentage of the funding to domestic violence, child abuse, sexual assault, and underserved crime victims. The remaining funds can be used to support other crime victim assistance programs. VOCA assistance funds may be used only for direct services to crime victims. Services such as offender rehabilitation, criminal justice improvements, and crime prevention activities cannot be supported with VOCA assistance funds.

States competitively award VOCA funds to local community-based organizations that provide services directly to victims of crime. Each state has discretion to decide which organizations will receive funding based upon the VOCA victim assistance guidelines and the needs of crime victims within the state.

While OES receives federal VOCA funds yearly, in the Fiscal Year 2015 Budget, OES received a significantly increased award over recent annual awards. It was awarded $232.732 million. In its April 21, 2016 agenda, the Senate budget Subcommittee 4 explained:

On December 17, 2015, OES notified the Joint Legislative Budget Committee (JLBC) that it was awarded an additional $233 million from the federal Victims of Crime Act (VOCA) Formula Grant Program. The letter indicated that OES intended to allocate these funds to eight existing programs and eight new programs under the expenditure authority provided to OES in the 2015 Budget Act. The OES reportedly received notification of this influx of federal funds as early as 2014, yet the Legislature was not notified until December 2015.

When questioned by the JLBC regarding the budget authority that would allow the department to expend $233 million in unanticipated federal funding without legislative approval, the department noted it has approximately $1 billion in excess budget authority for the allocation of federal funding. However, this funding authority was included to allow for the receipt of federal funds related to disaster assistance, not for victims-related funding.

In light of OES’s interpretation of budget authority and its grant award process, the subcommittees may wish to consider the following:

• Is it appropriate for the federal budget authority line item to include both disaster and victims-related service funding?
• How can the Legislature statutorily ensure that providers, local governments (cities, counties, etc.), legislative members, community organizations and advocates are included in a transparent and public stakeholder process? (http://sbud.senate.ca.gov/sites/sbud.senate.ca.gov/files/SUB4 /04212016JtSub4_Sub5HearingAgenda.pdf)

1. Technical Amendment

As currently drafted this bill would provide that the president pro tempore of the Senate make two of the appointments to the advisory committee this bill would create. The bill should be revised to provide that those appointments are made by the Senate Rules Committee.

-- END –

ASSEMBLY THIRD READING

ATR Bill Id:AB 2177

Author:(Maienschein)

As Amended Ver:April 14, 2016

Majority vote

SUMMARY:

Establishes the Victims of Crime Act Funding Advisory Committee to assist the Office of Emergency Services (OES) in distributing federal Victims of Crime Act (VOCA) funds. Specifically, this bill:

1. Establishes the Victims of Crime Act Funding Advisory Committee (advisory committee).
2. Requires OES to seek the recommendation of the advisory committee regarding the distribution of federal VOCA funds received by the state before making a distribution of any kind of those funds.
3. Provides that the advisory committee shall be comprised of the following 17 members:
   1. One law enforcement representative to be appointed by the Governor;
   2. Eight crime victims (four appointed by the Governor, and two each by the President Pro Tempore of the Senate and the Speaker of the Assembly); and,
   3. Eight representatives from victims' services organizations (four appointed by the Governor, and two each by the President Pro Tempore of the Senate and the Speaker of the Assembly).
4. States that the initial terms of membership on the advisory committee is two years, and that members are eligible to be reappointed twice.
5. Requires the advisory committee to select a chairperson from its membership.
6. States that the members shall serve without compensation, except that members who are crime victims shall receive per diem.
7. Requires the advisory committee to meet twice a year, as specified.
8. Requires the advisory committee to comply with the Bagley-Keene Open Meeting Act.

EXISTING LAW:

1. Establishes the OES.
2. Transferred the responsibilities of the now-defunct Office of Criminal Justice Planning to the OES.
3. Authorizes OES to expend funds for local domestic violence programs, subject to availability.
4. Establishes a Comprehensive Statewide Domestic Violence Program administered by the OES in order to provide financial and technical assistance to local domestic violence service providers.
5. Requires OES to consult with an advisory council in implementing the program.
6. Establishes an appointed Domestic Violence Advisory Council consisting of "experts in the provision of either direct or intervention services to victims of domestic violence and their children."
7. Includes in the council's membership: domestic-violence victims' advocates; battered-women service providers; representatives of women's organizations; law enforcement; at least one representative serving the lesbian, gay, bisexual, and transgender communities; and other groups involved with domestic violence.
8. Requires the council and the OES to closely collaborate in developing funding priorities, framing the request for proposals, and soliciting proposals for domestic violence and sexual assault/rape crisis grant programs.

FISCAL EFFECT: According to the Assembly Appropriations Committee, minor cost of up to $17,000 for 17 members of the committee to attend 2 meetings per year, at and an average cost of $500 for travel and per diem per member.

COMMENTS:

According to the author, "Facilitating public participation in the administration of governmental programs is important to fulfilling the important goal of government transparency. When the doors of government are open and accessible to all, the efficacy of the programs it administers better reflect the needs of everyday citizens who stand to benefit from their administration.

"The federal Victims of Crime Act (VOCA) funds administered by the Office of Emergency Services (OES) serve an exceedingly important purpose: they bring important and needed victims services to communities across the state where people have suffered trauma and loss as a result of crime. Last year the state of California was given over $230 million for distribution to victim services programs across the state. Current OES management of the VOCA funds includes use of a steering committee made of organizational leaders that meet privately and advise OES on both the grant application process and which programs should receive grants. Missing from this process are two important things: the voice of the people impacted by crime and a public, transparent process with a venue for greater community input.

"Assembly Bill 2177 will create a VOCA Advisory Committee that will be comprised of not just service providers but also the very victims that VOCA funds are designed to serve. This body will meet publicly to provide a venue for community and stakeholder feedback that features the voice of survivors of crime. Victims of crime report that one of the most important parts of the healing process is the opportunity to be heard, an opportunity that can only begin to be fully realized when there is a venue, process and body that is representative of the needs of crime victims themselves."

Analysis Prepared by: Sandy Uribe/ PUB. S. / (916) 319-3744 FN: 0003297

Date of Hearing: April 27, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 2177

Author:(Maienschein) – As Amended Ver:April 14, 2016

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill stablishes the Victims of Crime Act (VOCA) Funding Advisory Committee (Committee) to assist the Office of Emergency Services (OES) in distributing VOCA funds. The Committee will be comprised of 17 member, representing various groups; 9 to be appointed by the Governor, 4 by the Senate Pro Tempore, and 4 by the Speake of the Assembly. The Committee is required to meet twice a year.

FISCAL EFFECT:

Minor cost of up to $17,000 for 17 members of the committee to attend 2 meetings per year, at and an average cost of $500 for travel and per diem per member.

COMMENTS:

Background/Purpose. OES is primarily responsible for assuring the state’s readiness to respond to and recover from natural and man–made emergencies. In addition, OES administers certain grant programs, including most of the state’s victim grant programs.

One of the grant programs administered by Cal OES is the federal VOCA Formula Grant Program. The VOCA grant program provides funding to states to support crime victim assistance programs to do the following: 1) respond to the emotional and physical needs of crime victims, 2) help primary and secondary victims of crime stabilize their lives after a victimization, 3) help victims to understand and participate in the criminal justice system, and 4) provide victims of crime with a measure of safety and security.

While OES receives federal VOCA funds yearly, in the Fiscal Year 2015 Budget, OES received a significantly increased award over recent annual awards over $230 million.

This bill creates an advisory committee to give input on how those funds should be disbursed. According to the author, AB 2177 will allow crime victims and victim's services providers to give input on how that discretionary spending should be awarded.

Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081

Date of Hearing: April 12, 2016

Counsel: Sandra Uribe

ASSEMBLY COMMITTEE ON

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:

Author:() – As Ver:

As Proposed to be Amended in Committee

SUMMARY:

Establishes the Victims of Crime Act Funding Advisory Committee to assist the Office of Emergency Services (OES) in distributing federal Victims of Crime Act (VOCA) funds. Specifically, this bill:

1. Establishes the Victims of Crime Act Funding Advisory Committee (advisory committee).
   
2. Requires OES to seek the recommendation of the advisory committee regarding the distribution of federal VOCA funds received by the state before making a distribution of any kind of those funds.
   
3. Provides that the advisory committee shall be comprised of the following 17 members:
   
   1. One law enforcement representative to be appointed by the Governor;
      
   2. Eight crime victims (four appointed by the Governor, and two each by the President Pro Tempore of the Senate and the Speaker of the Assembly); and,
      
   3. Eight representatives from victims' services organizations (four appointed by the Governor, and two each by the President Pro Tempore of the Senate and the Speaker of the Assembly).
      
4. States that the initial terms of membership on the advisory committee is two years, and that members are eligible to be reappointed twice.
   
5. Requires the advisory committee to select a chairperson from its membership.
   
6. States that the members shall serve without compensation, except that members who are crime victims shall receive per diem.
   
7. Requires the advisory committee to meet twice a year, as specified.
   
8. Requires the advisory committee to comply with the Bagley-Keene Open Meeting Act.

EXISTING LAW:

1. Establishes the OES. (Gov. Code, § 8585, subd. (a)(1).)
   
2. Transferred the responsibilities of the now-defunct Office of Criminal Justice Planning to the OES. (Pen. Code, § 13820, subd. (a)(1).)
   
3. Authorizes OES to expend funds for local domestic violence programs, subject to availability. (Pen. Code, § 13823.3.)
   
4. Establishes a Comprehensive Statewide Domestic Violence Program administered by the OES in order to provide financial and technical assistance to local domestic violence service providers. (Pen. Code, § 13823.15, subd. (b).)
   
5. Requires OES to consult with an advisory council in implementing the program. (Pen. Code, § 13823.15, subd. (c).)
   
6. Establishes an appointed Domestic Violence Advisory Council consisting of "experts in the provision of either direct or intervention services to victims of domestic violence and their children." (Pen. Code § 13823.16, subd. (a).)
   
7. Includes in the council's membership: domestic-violence victims' advocates; battered-women service providers; representatives of women's organizations; law enforcement; at least one representative serving the lesbian, gay, bisexual, and transgender communities; and other groups involved with domestic violence. (Pen. Code § 13823.16, subd. (b).)
   
8. Requires the council and the OES to closely collaborate in developing funding priorities, framing the request for proposals, and soliciting proposals for domestic violence and sexual assault/rape crisis grant programs. (Pen. Code § 13823.16, subd. (c).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "Facilitating public participation in the administration of governmental programs is important to fulfilling the important goal of government transparency. When the doors of government are open and accessible to all, the efficacy of the programs it administers better reflect the needs of everyday citizens who stand to benefit from their administration.
   
   "The federal Victims of Crime Act (VOCA) funds administered by the Office of Emergency Services (OES) serve an exceedingly important purpose: they bring important and needed victims services to communities across the state where people have suffered trauma and loss as a result of crime. Last year the state of California was given over $230 million for distribution to victim services programs across the state. Current OES management of the VOCA funds includes use of a steering committee made of organizational leaders that meet privately and advise OES on both the grant application process and which programs should receive grants. Missing from this process are two important things: the voice of the people impacted by crime and a public, transparent process with a venue for greater community input.
   
   "Assembly Bill 2177 will create a VOCA Advisory Committee that will be comprised of not just service providers but also the very victims that VOCA funds are designed to serve. This body will meet publicly to provide a venue for community and stakeholder feedback that features the voice of survivors of crime. Victims of crime report that one of the most important parts of the healing process is the opportunity to be heard, an opportunity that can only begin to be fully realized when there is a venue, process and body that is representative of the needs of crime victims themselves."
   
2. OES: "OES is primarily responsible for assuring the state’s readiness to respond to and recover from natural and man–made emergencies. In addition, OES administers certain grant programs, including most of the state’s victim grant programs.
   
   "The OES received responsibility for these programs in 2004–05, which were previously under the jurisdiction of the Office of Criminal Justice Planning (OCJP). When OCJP was eliminated, most of its programs (including the various victim programs below) were transferred to OES even though OES did not have expertise in these program areas." (See The 2015-16 Budget: Improving the State Programs for Crime Victims, Legislative Analyst's Office, March 18, 2015, pp. 9-10, <http://www.lao.ca.gov/reports/2015/budget/crime-victims/crime-victims-031815.pdf.)
   
   One of the grant programs administered by Cal OES is the federal VOCA Formula Grant Program. The VOCA grant program provides funding to states to support crime victim assistance programs to do the following: 1) respond to the emotional and physical needs of crime victims, 2) help primary and secondary victims of crime stabilize their lives after a victimization, 3) help victims to understand and participate in the criminal justice system, and 4) provide victims of crime with a measure of safety and security.
   
   While OES receives federal VOCA funds yearly, in the Fiscal Year 2015 Budget, OES received a significantly increased award over recent annual awards. It was awarded $232.732 million.

This bill creates an advisory committee to give input on how those funds should be disbursed.

1. Federal Requirements: Under the federal requirements, states must commit a certain percentage of the funding to domestic violence, child abuse, sexual assault, and underserved crime victims. The remaining funds can be used to support other crime victim assistance programs. VOCA assistance funds may be used only for direct services to crime victims. Services such as offender rehabilitation, criminal justice improvements, and crime prevention activities cannot be supported with VOCA assistance funds.
   
   States competitively award VOCA funds to local community-based organizations that provide services directly to victims of crime. Each state has discretion to decide which organizations will receive funding based upon the VOCA victim assistance guidelines and the needs of crime victims within the state.
   
   This bill would allow crime victims and victim's services providers to give input on how that discretionary spending should be awarded.
   
2. Domestic Violence Advisory Council: "The mission of the Domestic Violence Advisory Council (DVAC) is to collaborate with the California Governor's Office of Emergency Services (Cal OES) to ensure the safety and security of all Domestic Violence victims through the development of policies, procedures and priorities which promote effective and accessible services for victims." (http://www.calema.ca.gov/PublicSafetyandVictimServices/Pages/Domestic-Violence-Advisory-Council-(DVAC).aspx.)
   
   DVAC is composed of not more than 13 voting members and two non-voting members. Seven of the voting members are appointed by the Governor, three by the Speaker of the Assembly, and three by the Senate Rules Committee. The two non-voting members are members of the Legislature. At least half of the council membership must consist of victims' advocates or domestic violence service providers. Legislative intent expresses that membership on the council reflect the ethnic, racial, cultural, and geographic diversity of the state, including people with disabilities. (Pen. Code § 13823.16, subd. (b).)
   
   It is unclear whether the advisory council established in this bill would work in conjunction with the DVAC, or whether the advisory council would advise solely on other programs unrelated to domestic violence.
   
3. Argument in Support: According to Californians for Safety and Justice, the sponsor of this bill, "Under AB 2177, one-half of the VOCA Advisory Committee will be composed of survivors of crime – the same victims that VOCA funds are designed to assist. The Committee will hold public hearings and make recommendations to OES on the VOCA grant process, proposed grant awards and other issues facing survivors. …
   
   "OES is currently overseeing the distribution of more than $230 million in funds that will provide critical services to victims of crime across California. Advised by a steering committee made up of organizational directors that does not conduct public meetings, OES's existing process lacks transparency, a meaningful opportunity for civic engagement and most importantly – the direct voice of crime survivors. AB 2177 will create a public platform for input from victims of crime and will make OES better informed on the needs and issues facing the very people VOCA funds serve."
   
4. Related Legislation: AB 1802 (Chavez) expands the membership of the Victims Compensation and Government Claims Board from three to five members to include a victims' rights advocate and a provider of victims' health services. AB 1802 is pending hearing in the Assembly Appropriations Committee.
   
5. Prior Legislation:
   
   1. AB 1547 (Gomez), Chapter 153, Statutes of 2014, eliminated the sunset date for the DVAC, allowing it to remain in effect indefinitely.
      
   2. SB 1895 (Escutia), Chapter 510, Statutes of 2002, established the DVAC and required the Office of Criminal Justice Planning to consult with the council in administering domestic violence grants and programs.
      

REGISTERED SUPPORT / OPPOSITION:

Support

Californians for Safety and Justice (Sponsor)
California Catholic Conference

Opposition

None

Analysis Prepared by: