Existing law provides for the indemnification of victims of crime and commits the administration of these provisions to the California Victim Compensation Board. Existing law provides for the payment of victims compensation from the Restitution Fund and provides that moneys in the fund are continuously appropriated, as specified.

Existing law allows the board, until January 1, 2019, to grant reimbursement for outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by violence peer counseling services provided by a service organization for the victims of violent crimes. Under existing law, a violence peer counselor for purposes of these provisions must meet specified criteria, including that he or she has completed a training program aimed at preparing an individual who was once a mental health services consumer to use his or her life experience with mental health treatment, to promote the mental health recovery of other mental health services consumers. Existing law requires a licensed marriage and family therapist, a licensed educational psychologist, a licensed clinical social worker, or licensed professional clinical counselor supervising peer violence counseling services to be employed by the same service organization as the violence peer counselor.

This bill would continue these provisions indefinitely. By extending the use of continuously appropriated funds, this bill would make an appropriation. The bill would delete the requirement that a violence peer counselor complete a training program requiring him or her to have once been a mental health services consumer. The bill would delete the requirement that the supervising licensed mental health professional be employed by the same service organization as the violence peer counselor.

Existing law prohibits payments for peer counseling services provided by a rape crisis center from exceeding $15 for each hour of services provided and limits in-person counseling for a period not to exceed 10 weeks.

This bill would instead require the board to provide reimbursement for peer counseling services provided by a rape crisis center or a violence peer counseling organization and would require the rate to be no less than one-half of the reimbursement rate set by the board for individual or family counseling services provided by mental health interns. By expanding the amounts for which a continuously appropriated fund may be spent, the bill would make an appropriation.

Existing law prohibits a person who is convicted of a violent felony, as defined, from being granted compensation until he or she has been discharged from probation or has been released from a correctional institution and has been discharged from parole, postrelease community supervision, or mandatory supervision.

This bill would, notwithstanding the above provision, make a person who has been the victim of a violent crime eligible to receive reimbursement for mental health treatment, including violence peer counseling services, before he or she has been discharged from parole, postrelease community supervision, or mandatory supervision. By expanding the purposes for which a continuously appropriated fund may be spent, the bill would make an appropriation.

Date of Hearing: April 4, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2100

Author:(Bonta) – As Introduced Ver:February 8, 2018

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

SUMMARY:

This bill makes permanent a peer counseling pilot program at the California Victims Compensation Board (CalVCB) and makes various changes to the victim compensation program. Specifically, this bill:

1. Requires CalVCB to provide reimbursement for expenses related to rape and violence peer counseling services at a rate not less than one-half of the rate set by CalVCB for individual or family counseling services provided by mental health interns.
2. Allows for 20 weeks of peer counseling services, instead of the current level of 10 weeks.
3. Removes several requirements for peer counselors, such as that a peer counselor’s licensed supervisor must be employed by the same organization as the peer counselor.
4. Allows a person currently on probation, parole, or post-release community supervision (PRCS) to receive reimbursement from CalVCB for mental health treatment, including violence peer counseling services.

FISCAL EFFECT:

1. Unknown, potentially significant costs (Restitution Fund) for CalVCB to pay higher reimbursement rates for peer counseling services. Currently, few victims utilize peer counseling services funded through CalVCB. If there is not an increase in victims receiving peer counseling then costs of this bill related to peer counseling will be minor. However, it is possible that peer counseling services funded through CalVCB are not heavily used by victims because the low reimbursement rate makes it unlikely that many organizations can afford to offer peer counseling. The extent to which peer counseling services will be expanded and more heavily utilized under the provisions of this bill is unknown.
2. Unknown, potentially significant costs (Restitution Fund) for CalVCB to provide victim compensation for individuals on probation, parole, or PRCS. These costs will be a one-time increase, to the extent that compensation is paid sooner (while the person is still on community supervision) than it otherwise would have been if the person waited to apply for compensation until the end of their community supervision.
3. Unknown potential savings by allowing individuals on probation, parole, and PRCS to access victim compensation sooner to the extent the victim services received help the individual to avoid recidivating.

COMMENTS:

1. Background. CalVCB is a state entity that administers the Victim Compensation Program. CalVCB provides reimbursement for crime-related expenses to eligible victims of violent crime, including crime scene clean up, funeral and burial expenses, home or vehicle modifications for victims who became disabled, income loss, medical and dental treatment, mental health services, relocation, and residential security. CalVCB pays for only expenses related to the crime and is a payer of last resort. CalVCB funding comes from restitution paid by criminal offenders through fines, orders, penalty assessments, and from federal Victims of Crime Act funds.
2. Purpose. According to the author:

AB 2100 is necessary to reauthorize a promising pilot program and to improve its effectiveness by removing unnecessary administrative barriers and increasing the very low rate of reimbursement existing law provides to violence prevention professionals' counseling services. Without this bill, this program will be terminated and California’s victim compensation program will no longer reimburse violently injured crime victims for the cost of violence peer counseling services.

1. Restitution Fund experiencing shortfall. The Restitution Fund receives funding from restitution funds, fees, and penalties paid by criminal offenders. Similar to many funds supported by criminal fines and fees, the Restitution Fund has experienced declining revenues in recent years. In 2015-16, the Restitution Fund developed a structural shortfall—a situation where expenditures from the account exceed revenues. This shortfall has persisted since that time and is projected to continue into the future. If the operating shortfall continues the Restitution Fund will face insolvency in the coming years, which will require either increased revenues or reduced expenditures.

Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081

Date of Hearing:

Counsel: Liah Burnley

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 2100

Author:(Bonta) – As Introduced Ver:February 8, 2018

SUMMARY:

Amends various provisions relating to the California Victims Compensation Board (CalVCB) and violence peer counseling services. Specifically, this bill:

1. Requires CalVCB to provide reimbursement for expenses related to rape and violence peer counseling services at a rate not less than one-half of the rate set by CalVCB for individual or family counseling services provided by a licensed clinical social worker.
2. Extends the limitation on reimbursement for peer counseling services from10 weeks of counseling services to 26 weeks of counseling service.
3. Removes the requirement that a peer counselor must have previously been a mental health services consumer.
4. Removes the requirement that a peer counselor’s licensed supervisor must be employed by the same organization as the peer counselor.
5. Deletes the sunset provision that would repeal CalVCB’s authority to reimburse outpatient mental health counseling related expenses, including peer-counseling services for victims of violent crime and their families.
6. Allows a person currently on probation, parole, or post-release community supervision to be eligible to receive reimbursement from CalVCB for mental health treatment, including violence peer counseling services.

EXISTING LAW:

1. States that CalVCB may authorize direct payment to a provider of victim’s services. (Gov. Code, § 13957.7 subd. (c)(1).)
   
2. States that CalVCB may provide payments for peer counseling services provided by a rape counseling center and that the payments may not exceed $15 for each hour of service provided. (Gov. Code, § 13957.7, subd. (c)(2).)
   
3. States that reimbursement for peer counseling services provided by a rape counseling center shall be limited to in-person counseling for a period of not to exceed 10 weeks plus one series of facilitated support group counseling sessions. (Gov. Code, § 13957.7, subd. (c)(2).)
   
4. States that CalVCB may grant compensation for pecuniary losses for outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, including violence peer counseling services provided by a service organization for victims of violent crime and their families, that became necessary as a direct result of the crime. (Gov. Code, § 13957.9, subd. (a).)
   
5. Provides that expenses for mental health counseling related-services may only be reimbursed if the services were provided by a person licensed by the state to provide such services, or is properly supervised by a person who is so licensed. (Gov. Code, § 13957.9, subd. (a)(4).)
6. Defines “service organization for victims of crime” as “a nonprofit and charitable organization that provides services to victims of violent crime.” (Gov. Code, § 13957.9, subd. (c)(1).)
   
7. Defines “violence peer counseling services” as “counseling by a violence peer counselor for the purpose of rendering advice or assistance to victims of violent crime and their families.” (Gov. Code, § 13957.9, subd. (c)(2).)
   
8. Defines “violence peer counselor” as a provider of supported and nonpsychotherapeutic peer counseling services who is employed by a service organization for victims of violent crime. (Gov. Code, § 13957.9, subd. (c)(3).)
9. States that a violence peer counselor must:
   
   1. Possess at least six months of full-time experience in providing peer support services;
      
   2. Complete a training program aimed at preparing an individual to use his or her life experience to promote mental health recovery of mental health consumers who are in need of peer-based services relating to recovery as a victim of violent crime;
      
   3. Have once been a mental health services consumer; and
      
   4. Possess 40 hours of training on the effects of trauma and violence, peace building and violence prevention strategies, post-traumatic stress disorder, case management practices including ethics and victims compensation advocacy. (Gov. Code, § 13957.9, subd. (c)(3).)
      
10. Requires violence peer counselors, when providing services to be supervised by a licensed marriage and family therapist, licensed educational psychologist, licensed clinical social worker or a licensed professional clinical counselor. (Gov. Code, § 13957.9, subd. (c)(3)(D).)
    
11. Requires a licensed violence peer counselor supervisor to be employed by the same organization as the violence peer counselor. (Gov. Code, § 13957.9, subd. (c)(3)(D).)

1. Sunsets the provisions authorizing CalVCB to compensate outpatient mental health-related services including violence peer counseling. (Gov. Code, § 13957.9, subd. (d).)
   
2. States that a person is not eligible for compensation if:
   1. CalVCB finds that denial is appropriate because of the nature of the applicant’s involvement in the events leading to the crime;
   2. CalVCB finds that the victim failed to cooperate reasonably with law enforcement in the apprehension and conviction of a criminal committing the crime;
   3. The applicant has a violent felony conviction listed in subdivision (c) of Section 667.5 and is currently incarcerated or on parole, post release community supervision , or mandatory supervision for that violent felony; and
      
   4. The applicant is required to register as a sex offender pursuant to Section 290. (Gov. Code, § 13956.)
      
3. Provides that a person who has been convicted of a violent felony listed in subdivision (c) of Section 667.5 may apply for compensation at any time, but the award of that compensation may not be considered until the person is released from incarceration and is discharged from parole, post release community supervision, or mandatory supervision for that violent felony. (Gov. Code, § 13956, subd. (c)(2).)
   

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author’s Statement: According to the author, “AB 2100 is necessary to reauthorize a promising pilot program and to improve its effectiveness by removing unnecessary administrative barriers and increasing the very low rate of reimbursement existing law provides to violence prevention professionals' counseling services. Without this bill, this program will be terminated and California’s victim compensation program will no longer reimburse violently injured crime victims for the cost of violence peer counseling services.

“Victim’s Compensation funds are intended to be available for vulnerable individuals, especially people who experience violence. One way to address the shortcomings of CalVCB is to ensure that programs providing culturally appropriate peer counseling to victims of violent crime are able to request reimbursement. This bill supports physical and emotional recovery for Californians injured by gun or other violence, through the Crime Victims Compensation Fund, to include services provided by community violence peer counselors, sometimes called Intervention Specialists or Violence Prevention Professionals. The Victim’s Compensation Program is the largest source of victim’s benefits in California. The California Victim Compensation Board (CalVCB) offers benefits to a wide range of victims and AB 2100 strengthens the system.”

1. California Victims Compensation Board: CalVCB is a state program housed under the Government Operation Agency that administers the Victim Compensation Program. CalVCB provides reimbursement for crime-related expenses to eligible victims of violent crime, including crime scene clean up, funeral and burial expenses, home or vehicle modifications for victims who became disabled, income loss, medical and dental treatment, mental health services, relocation, and residential security. CalVCB does not pay for any expense not related to the crime. CalVCB funding comes from restitution paid by criminal offenders through fines, orders, penalty assessments, and is supplemented by federal funds. (https://victims.ca.gov/board/)
   
2. Violence Peer Counseling Services: The Victim Compensation Program covers individual, family, and group therapy necessary as a direct result of the qualifying crime. There are both monetary and service limitations for mental health services set by CalVCB. A victim can obtain services from different types of mental health providers, including: licensed psychiatrists, licensed or registered psychologists, licensed clinical social workers, marriage family therapists, psychological assistants, licensed professional clinical counselors, peer counselors, psychiatric mental-health nurses, clinical nurse specialists, and certain types of interns. Peer counseling services provide advice and assistance only to victims of rape and violent crime, and their families. (https://victims.ca.gov/providers/mental.aspx#reimbursableproviders.)

A peer counselor is someone with the lived experience of recovery from a mental health condition. They provide support to others experiencing similar challenges. Peer counseling complements, but does not duplicate or replace the roles of therapists, case managers, and other members of a mental health treatment team. Research shows that peer counseling is effective for recovery from behavioral health conditions. Benefits of peer counseling include increased self-esteem and confidence, increased sense of control and ability to bring about changes in their lives, increased engagement in self-care and wellness, increased social support and social functioning, decreased psychotic symptoms, and decreased substance abuse and depression. (https://www.samhsa.gov/sites/default/files/programs_campaigns/brss_tacs/value-of-peers-2017.pdf.)

In 2014, the Legislature enacted AB 1629, which authorized CalVCB to reimburse crime victims and victims service providers for outpatient mental health counseling related-expenses, including costs for violence peer counseling services provided by a service organization for victims of violent crime. (Assem. Bill No. 1629 (2013-2014 Reg. Sess.) as amended Aug. 21, 2014.) These service organizations can bill CalVCB directly for providing violence peer counseling. (Id.) To be eligible for compensation, violence peer counselors, among other requirements, must previously have been a mental health services consumer. (Gov. Code, § 13957.9, subd. (c)(3)(B).) When providing peer counseling services, violence peer counselors must be supervised by a marriage and family therapist, licensed educational psychologist, licensed clinical social worker, or licensed professional clinical counselor who is employed by the same organization as the violence peer counselor. (Gov. Code, § 13957.9, subd. (c)(3)(D).)

AB 1629 included a sunset provision. (Assem. Bill No. 1629 (2013-2014 Reg. Sess.) § 1.) In 2016, the Legislature extended the program’s sunset date to January 1, 2019. (Sen. Bill No. 1324 (2015-2016 Reg. Sess.) as amended 2016.) As such, these provisions will expire unless a statute is enacted that deletes or extends this date. (Id.)

This bill seeks to repeal the sunset date on reimbursements for peer counseling which will allow CalVCB to continue to provide reimbursements for violence peer counseling services. This bill would also remove the requirement that an individual must have once been a mental health services consumer to provide peer-based services to victims of violent crime. This bill retains the requirement that violence peer counselors must be supervised by a licensed professional, but removes the requirement that the licensed supervisor be employed by the same organization as the violence peer counselor.

1. CalVCB Reimbursement Rate: CalVCB directly reimburses victims and victim service providers for services including mental health counseling. Reimbursement payments are restricted to expenses that were necessary as a direct result of a qualifying crime. All reimbursements are subject to rates and limitations set by the CalVCB. (Gov. Code, § 13957.2.)

Currently, reimbursement payments for peer counseling services provided by a rape crises center may not exceed $15 per each hour of service and payment is limited to a period not exceeding 10 weeks of in-person counseling. (Gov. Code, § 13957.7, subd. (d).) The rate of payment for individual and family counseling services provided by licensed clinical social workers is $81 per one session hour. The total dollar limit on reimbursement payments for mental health treatment is $10,000 for direct victims, $5,000 for derivative victims, and $5,000 for minor witnesses. (https://victims.ca.gov/providers/mental.aspx#quickfacts)

This bill would require CalVCB to reimburse victims for expenses relating to peer counseling provided by rape crisis centers and peer counseling organizations at a rate not less than one-half of the rate set by CalVCB for individual or family counseling services provided by licensed clinical social workers. This would raise the current reimbursement rate from $15 to $40.50 per each hour of peer counseling. This bill also extends reimbursement for these services from 10 weeks to 26 weeks of in-person counseling and requires CalVCB to pay reimbursement for services provided by a peer counselor’s supervising licensed mental health professional.

1. Reimbursement for Victims of Violent Crime with Felony Convictions: Under existing law, CalVCB may not grant compensation to a person convicted of a violent felony listed in Section 667.5 subdivision (c) until the person is released from a correctional institution and has been discharged from probation, parole, post release community supervision, or mandatory supervision. (Gov. Code, § 13956, subd. (c).) According to CalVCB, it cannot pay any expenses for applicants that are “on parole, probation or post-release community supervision for a violent felony, incarcerated or required by law to register as a sex offender during the time the expenses were incurred.” (https://victims.ca.gov/victims/coverage.aspx)
   

Although a person convicted of a violent felony may be eligible for reimbursement, CalVCB does not grant reimbursement to a person who has been convicted of a violent felony to compensate a loss sustained after the person was convicted of the violent felony and before the person has been released or discharged from supervision. (2 C.C.R. § 649.4 subd. (b)(1).) The loss does “not become reimbursable … upon the person’s discharge from probation or release from a correctional institution and discharge from parole.” (2 C.C.R. § 649.4 subd. (b)(3).) CalVCB only grants reimbursement to a person otherwise eligible for compensation but has been convicted of a violent felony for losses incurred after discharge from probation, parole, or post-release community supervision. (2 C.C.R. § 649.4 subd. (b)(2 ).) In sum, individuals who are incarcerated or on supervision for a violent felony, and are victims of a violent crime, are barred from receiving reimbursement from CalVCB for any loss stained during a period of supervision or incarceration.

This bill would make individuals who are victims of violent crime eligible to receive reimbursement for mental health treatment, including violence peer counseling, before being discharged from probation, parole, post release community supervision, or mandatory supervision. Notably, victims cannot receive reimbursement for a loss sustained during incarceration and an application for reimbursement for mental health treatment may be denied if CalVCB determines that the applicant was involved in the events leading to the crime.

1. Argument in Support: According to Giffords Law Center to Prevent Gun Violence, “This legislation reflected an important recognition that trained and trauma-informed peer counselors can play an important role in improving patient outcomes. This is particularly important for communities where entrenched cultural stigma keeps many crime victims from utilizing victim compensation funds for traditional forms of mental health treatment…
   

“This legislation would also address a number of statutory and regulatory obstacles that have made it unreasonably difficult for many service providers and crime victims to take advantage of this program.

“The most significant obstacle for this pilot program has been the very low reimbursement rates set by CalVCB for violence prevention professionals. Though current law authorizes CalVCB to directly reimburse mental health professionals for up to $10,000 of outpatient counseling expenses, CalVCB has capped reimbursements to violence peer counselors at $15 per session for a maximum of 10 counseling sessions, or just $150 per violently injured patient.

“CalVCB has previously ‘indicated the [$15 per session] reimbursement rates are outdated and rarely used’ for other counselors, such as rape crisis peer counselors, who are generally reimbursed through other sources such as Violence Against Women Act funds. But the Board continues to rely on these “outdated” rates for violence prevention professionals, and reimburses them at rates far below unlicensed mental health interns, unlicensed associate social workers, and psychology assistants (all of whom bill CalVCB at $75 per hour for an unlimited number of sessions). AB 2100 would lift the reimbursement rate for both violence peer counselors and rape crisis peer counselors, to treat these trained and certified counselors like the effective and valued professionals they are.”

1. Related Legislation:
   
   1. AB 900 (Gonzalez Fletcher), of the 2017-2018 Legislative Session, would authorize CalVCB to provide compensation equal to loss of income or support that a victim of human trafficking incurs as a direct result of the victim’s deprivation of liberty, in an amount not exceeding the value of the victim’s labor as guaranteed under California law for up to 40 hours per week. AB 900 is pending referral in Senate Rules Committee.
   2. AB 1865, (Lackey), of the 2017-2018 Legislative Session, would authorize a disabled person to apply for compensation CalVCB for medical and medical-related expenses, and loss of wages or income as a direct result of the death of, any guide, signal, or service dog, in an amount not to exceed $10,000. AB 1865 is pending in Assembly Public Safety Committee
      
   3. AB 2701 (Rubio), of the 2017-2018 Legislative Session, would require CalVCB to administer a program to evaluate applications and award grants to school-based trauma recovery centers. AB 2701 is pending in Assembly Public Safety Committee.
      
   4. AB 2226 (Patterson), of the 2017-2018 Legislative Session, would authorize restitution for home security costs related to any crime and increase the maximum reimbursement for residential security to $5000. AB 2226 is pending in Assembly Public Safety Committee.
      
   5. SB 1005 (Atkins), of the 2017-2018 Legislative Session, would authorize CalVCB to compensate expenses incurred in relocating to include a pet deposit and additional rent required if the victim has a pet. SB 1005 is pending in Senate Public Safety Committee.
      
   6. SB 1232 (Bradford), of the 2017-2018 Legislative Session, would require an application for victims compensation to be filed within three years after the victim attains age 21, instead of age 18. SB 1232 is pending in Senate Public Safety Committee.
2. Prior Legislation:
   
   1. AB 1629 (Bonta) Chapter 535, Statues of 2014, authorized CalVCB to reimburse a crime victim or a derivative victim for outpatient violence peer counseling expenses incurred.
      
   2. SB 1324 (Hancock) Chapter 730, Statutes of 2016, extended CalVCB’s authority to grant reimbursement for outpatient psychiatric, psychological, or other mental health counseling-related expense, including violence peer counseling services, until January 1, 2019.
   3. AB 1061 (Gloria), of the 2017-2018 Legislative Session, would have expanded the number of crimes for which a victim or derivative victim may be granted compensation for emotional injury; broadened the circumstances of which, psychological, and mental health counseling may be reimbursed for derivative victims; and increased the limits on amounts that may be reimbursed for residential security, relocating, and cleaning the scene of a crime. AB 1061 died in the Assembly Appropriations Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

American Civil Liberties Union of California

Communities United for Restorative Justice

Giffords Law Center to Prevent Gun Violence

Youth ALIVE!

Opposition

None

Analysis Prepared by:

Liah Burnley / PUB. S. / (916) 319-3744