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Chapter 3. Criminal Justice Planning of California Penal Code >> Title 6. >> Part 4. >> Chapter 3.
(a) The Office of Criminal Justice Planning is hereby
abolished. The duties and obligations of that office, and all powers
and authority formerly exercised by that office, shall be transferred
to and assumed by the Office of Emergency Services, with the
exception of the duties described in Section 6024, which shall be
assumed by the Board of State and Community Corrections.
(b) Except for this section, the phrase "Office of Criminal Justice Planning" or any reference to that phrase in this code shall be construed to mean or refer to the Office of Emergency Services. Any reference to the executive director of the Office of Criminal Justice Planning in this code shall be construed to mean the Director of Emergency Services.
(b) Except for this section, the phrase "Office of Criminal Justice Planning" or any reference to that phrase in this code shall be construed to mean or refer to the Office of Emergency Services. Any reference to the executive director of the Office of Criminal Justice Planning in this code shall be construed to mean the Director of Emergency Services.
(a) For the 2011-12 fiscal year, the Controller shall
allocate 9 percent of the amount deposited in the Local Law
Enforcement Services Account in the Local Revenue Fund 2011 to the
Office of Emergency Services. The Controller shall allocate these
funds on a quarterly basis beginning on October 1. These funds shall
be allocated by the Controller pursuant to a schedule provided by the
Office of Emergency Services which shall be developed according to
the office's existing programmatic guidelines and the following
percentages:
(1) The California Multi-Jurisdictional Methamphetamine Enforcement Teams shall receive 47.52 percent in the 2011-12 fiscal year.
(2) The Multi-Agency Gang Enforcement Consortium shall receive 0.2 percent in the 2011-12 fiscal year.
(3) The Sexual Assault Felony Enforcement Teams, authorized by Section 13887, shall receive 12.48 percent in the 2011-12 fiscal year.
(4) The High Technology Theft Apprehension and Prosecution Program, authorized by Section 13848.2, shall receive 26.83 percent in the 2011-12 fiscal year.
(5) The Gang Violence Suppression Program authorized by Section 13826.1, shall receive 3.91 percent in the 2011-12 fiscal year.
(6) The Central Valley and Central Coast Rural Crime Prevention Programs, authorized by Sections 14170 and 14180, shall receive 9.06 percent in the 2011-12 fiscal year.
(b) For the 2011-12 fiscal year, the Office of Emergency Services may be reimbursed up to five hundred eleven thousand dollars ($511,000) from the funds allocated in subdivision (a) for program administrative costs.
(c) Commencing with the 2012-13 fiscal year, subsequent to the allocation described in subdivision (c) of Section 29552 of the Government Code, and commencing with the 2013-14 fiscal year, subsequent to the allocation described in subdivision (d) of Section 29552 of the Government Code, the Controller shall allocate 8.99758189 percent of the remaining amount deposited in the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011 and shall distribute the moneys as follows:
(1) Commencing with the 2012-13 fiscal year, the California Multi-Jurisdictional Methamphetamine Enforcement Teams shall receive 47.52015636 percent and shall be allocated by the Controller according to the following schedule:
(1) The California Multi-Jurisdictional Methamphetamine Enforcement Teams shall receive 47.52 percent in the 2011-12 fiscal year.
(2) The Multi-Agency Gang Enforcement Consortium shall receive 0.2 percent in the 2011-12 fiscal year.
(3) The Sexual Assault Felony Enforcement Teams, authorized by Section 13887, shall receive 12.48 percent in the 2011-12 fiscal year.
(4) The High Technology Theft Apprehension and Prosecution Program, authorized by Section 13848.2, shall receive 26.83 percent in the 2011-12 fiscal year.
(5) The Gang Violence Suppression Program authorized by Section 13826.1, shall receive 3.91 percent in the 2011-12 fiscal year.
(6) The Central Valley and Central Coast Rural Crime Prevention Programs, authorized by Sections 14170 and 14180, shall receive 9.06 percent in the 2011-12 fiscal year.
(b) For the 2011-12 fiscal year, the Office of Emergency Services may be reimbursed up to five hundred eleven thousand dollars ($511,000) from the funds allocated in subdivision (a) for program administrative costs.
(c) Commencing with the 2012-13 fiscal year, subsequent to the allocation described in subdivision (c) of Section 29552 of the Government Code, and commencing with the 2013-14 fiscal year, subsequent to the allocation described in subdivision (d) of Section 29552 of the Government Code, the Controller shall allocate 8.99758189 percent of the remaining amount deposited in the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011 and shall distribute the moneys as follows:
(1) Commencing with the 2012-13 fiscal year, the California Multi-Jurisdictional Methamphetamine Enforcement Teams shall receive 47.52015636 percent and shall be allocated by the Controller according to the following schedule:
+--------------------+-------------+
|Alameda County |1.7109% |
+--------------------+-------------+
|Alpine County |0.6327% |
+--------------------+-------------+
|Amador County |0.6327% |
+--------------------+-------------+
|Butte County |1.6666% |
+--------------------+-------------+
|Calaveras County |0.8435% |
+--------------------+-------------+
|Colusa County |0.1623% |
+--------------------+-------------+
|Contra Costa County |1.3163% |
+--------------------+-------------+
|Del Norte County |0.2167% |
+--------------------+-------------+
|El Dorado County |1.3716% |
+--------------------+-------------+
|Fresno County |5.3775% |
+--------------------+-------------+
|Glenn County |0.2130% |
+--------------------+-------------+
|Humboldt County |1.0198% |
+--------------------+-------------+
|Imperial County |2.5510% |
+--------------------+-------------+
|Inyo County |0.6327% |
+--------------------+-------------+
|Kern County |5.6938% |
+--------------------+-------------+
|Kings County |0.9701% |
+--------------------+-------------+
|Lake County |0.6604% |
+--------------------+-------------+
|Lassen County |0.2643% |
+--------------------+-------------+
|Los Angeles County |5.3239% |
+--------------------+-------------+
|Madera County |0.9701% |
+--------------------+-------------+
|Marin County |0.6292% |
+--------------------+-------------+
|Mariposa County |0.6327% |
+--------------------+-------------+
|Mendocino County |0.6846% |
+--------------------+-------------+
|Merced County |1.8136% |
+--------------------+-------------+
|Modoc County |0.0734% |
+--------------------+-------------+
|Mono County |0.6327% |
+--------------------+-------------+
|Monterey County |0.9018% |
+--------------------+-------------+
|Napa County |0.6803% |
+--------------------+-------------+
|Nevada County |0.7482% |
+--------------------+-------------+
|Orange County |1.5661% |
+--------------------+-------------+
|Placer County |2.6395% |
+--------------------+-------------+
|Plumas County |0.1516% |
+--------------------+-------------+
|Riverside County |5.6395% |
+--------------------+-------------+
|Sacramento County |10.0169% |
+--------------------+-------------+
|San Benito County |0.8404% |
+--------------------+-------------+
|San Bernardino |8.9364% |
|County | |
+--------------------+-------------+
|San Diego County |2.5510% |
+--------------------+-------------+
|San Francisco County|1.0034% |
+--------------------+-------------+
|San Joaquin County |4.6394% |
+--------------------+-------------+
|San Luis Obispo |1.3483% |
|County | |
+--------------------+-------------+
|San Mateo County |1.1224% |
+--------------------+-------------+
|Santa Barbara County|1.3483% |
+--------------------+-------------+
|Santa Clara County |2.0612% |
+--------------------+-------------+
|Santa Cruz County |0.8333% |
+--------------------+-------------+
|Shasta County |1.3426% |
+--------------------+-------------+
|Sierra County |0.0245% |
+--------------------+-------------+
|Siskiyou County |0.3401% |
+--------------------+-------------+
|Solano County |1.8979% |
+--------------------+-------------+
|Sonoma County |1.1610% |
+--------------------+-------------+
|Stanislaus County |3.6272% |
+--------------------+-------------+
|Sutter County |0.7177% |
+--------------------+-------------+
|Tehama County |0.4808% |
+--------------------+-------------+
|Trinity County |0.1044% |
+--------------------+-------------+
|Tulare County |2.5306% |
+--------------------+-------------+
|Tuolumne County |0.6327% |
+--------------------+-------------+
|Ventura County |1.3483% |
+--------------------+-------------+
|Yolo County |1.5215% |
+--------------------+-------------+
|Yuba County |0.5466% |
+--------------------+-------------+
(2) Commencing with the 2013-14 fiscal year, the California
Multi-Jurisdictional Methamphetamine Enforcement Teams shall receive
47.52015636 percent and shall be allocated in monthly installments by
the Controller according to the following schedule:
+--------------------+-------------+
|Alameda County |1.7109% |
+--------------------+-------------+
|Alpine County |0.6327% |
+--------------------+-------------+
|Amador County |0.6327% |
+--------------------+-------------+
|Butte County |1.6666% |
+--------------------+-------------+
|Calaveras County |0.8435% |
+--------------------+-------------+
|Colusa County |0.1623% |
+--------------------+-------------+
|Contra Costa County |1.3163% |
+--------------------+-------------+
|Del Norte County |0.2167% |
+--------------------+-------------+
|El Dorado County |1.3716% |
+--------------------+-------------+
|Fresno County |5.3775% |
+--------------------+-------------+
|Glenn County |0.2130% |
+--------------------+-------------+
|Humboldt County |1.0198% |
+--------------------+-------------+
|Imperial County |2.5510% |
+--------------------+-------------+
|Inyo County |0.6327% |
+--------------------+-------------+
|Kern County |5.6938% |
+--------------------+-------------+
|Kings County |0.9701% |
+--------------------+-------------+
|Lake County |0.6604% |
+--------------------+-------------+
|Lassen County |0.2643% |
+--------------------+-------------+
|Los Angeles County |5.3239% |
+--------------------+-------------+
|Madera County |0.9701% |
+--------------------+-------------+
|Marin County |0.6292% |
+--------------------+-------------+
|Mariposa County |0.6327% |
+--------------------+-------------+
|Mendocino County |0.6846% |
+--------------------+-------------+
|Merced County |1.8136% |
+--------------------+-------------+
|Modoc County |0.0734% |
+--------------------+-------------+
|Mono County |0.6327% |
+--------------------+-------------+
|Monterey County |0.9018% |
+--------------------+-------------+
|Napa County |0.6803% |
+--------------------+-------------+
|Nevada County |0.7482% |
+--------------------+-------------+
|Orange County |1.5661% |
+--------------------+-------------+
|Placer County |2.6395% |
+--------------------+-------------+
|Plumas County |0.1516% |
+--------------------+-------------+
|Riverside County |5.6395% |
+--------------------+-------------+
|Sacramento County |10.0169% |
+--------------------+-------------+
|San Benito County |0.8404% |
+--------------------+-------------+
|San Bernardino |8.9364% |
|County | |
+--------------------+-------------+
|San Diego County |2.5510% |
+--------------------+-------------+
|San Francisco County|1.0034% |
+--------------------+-------------+
|San Joaquin County |4.6394% |
+--------------------+-------------+
|San Luis Obispo |1.3483% |
|County | |
+--------------------+-------------+
|San Mateo County |1.1224% |
+--------------------+-------------+
|Santa Barbara County|1.3483% |
+--------------------+-------------+
|Santa Clara County |2.0612% |
+--------------------+-------------+
|Santa Cruz County |0.8333% |
+--------------------+-------------+
|Shasta County |1.3426% |
+--------------------+-------------+
|Sierra County |0.0245% |
+--------------------+-------------+
|Siskiyou County |0.3401% |
+--------------------+-------------+
|Solano County |1.8979% |
+--------------------+-------------+
|Sonoma County |1.1610% |
+--------------------+-------------+
|Stanislaus County |3.6272% |
+--------------------+-------------+
|Sutter County |0.7177% |
+--------------------+-------------+
|Tehama County |0.4808% |
+--------------------+-------------+
|Trinity County |0.1044% |
+--------------------+-------------+
|Tulare County |2.5306% |
+--------------------+-------------+
|Tuolumne County |0.6327% |
+--------------------+-------------+
|Ventura County |1.3483% |
+--------------------+-------------+
|Yolo County |1.5215% |
+--------------------+-------------+
|Yuba County |0.5466% |
+--------------------+-------------+
(3) Commencing with the 2012-13 fiscal year, the Multi-Agency Gang
Enforcement Consortium shall receive 0.19545566 percent and shall be
allocated by the Controller to Fresno County.
(4) Commencing with the 2013-14 fiscal year, the Multi-Agency Gang Enforcement Consortium shall receive 0.19545566 percent and shall be allocated in monthly installments by the Controller to Fresno County.
(5) Commencing with the 2012-13 fiscal year, the Sexual Assault Felony Enforcement Teams, authorized by Section 13887, shall receive 12.48473003 percent and shall be allocated by the Controller according to the following schedule:
(4) Commencing with the 2013-14 fiscal year, the Multi-Agency Gang Enforcement Consortium shall receive 0.19545566 percent and shall be allocated in monthly installments by the Controller to Fresno County.
(5) Commencing with the 2012-13 fiscal year, the Sexual Assault Felony Enforcement Teams, authorized by Section 13887, shall receive 12.48473003 percent and shall be allocated by the Controller according to the following schedule:
+----------------+-----------------+
|Los Angeles |21.0294% |
|County | |
+----------------+-----------------+
|Riverside County|12.8778% |
+----------------+-----------------+
|Sacramento |14.0198% |
|County | |
+----------------+-----------------+
|San Luis Obispo |12.0168% |
|County | |
+----------------+-----------------+
|Santa Clara |17.0238% |
|County | |
+----------------+-----------------+
|Shasta County |12.0168% |
+----------------+-----------------+
|Tulare County |11.0156% |
+----------------+-----------------+
(6) Commencing with the 2013-14 fiscal year, the Sexual Assault
Felony Enforcement Teams, authorized by Section 13887, shall receive
12.48473003 percent and shall be allocated by the Controller in
monthly installments according to the following schedule:
+----------------+-----------------+
|Los Angeles |21.0294% |
|County | |
+----------------+-----------------+
|Riverside County|12.8778% |
+----------------+-----------------+
|Sacramento |14.0198% |
|County | |
+----------------+-----------------+
|San Luis Obispo |12.0168% |
|County | |
+----------------+-----------------+
|Santa Clara |17.0238% |
|County | |
+----------------+-----------------+
|Shasta County |12.0168% |
+----------------+-----------------+
|Tulare County |11.0156% |
+----------------+-----------------+
(7) Commencing with the 2012-13 fiscal year, the High Technology
Theft Apprehension and Prosecution Program, authorized by Section
13848.2, shall receive 26.82628878 percent and shall be allocated by
the Controller according to the following schedule:
+---------------------------------+--------------+
|Los Angeles County |18.25% |
+---------------------------------+--------------+
|Marin County |18.25% |
+---------------------------------+--------------+
|Marin County, for use by the | |
|Department of Justice in |7.00% |
|implementing subdivision (b) of | |
|Section 13848.4 | |
+---------------------------------+--------------+
|Marin County, for use by | |
|the California District | |
|Attorneys Association in |1.75% |
|implementing subdivision (b) of | |
|Section 13848.4 | |
+---------------------------------+--------------+
|Sacramento County |18.25% |
+---------------------------------+--------------+
|San Diego County |18.25% |
+---------------------------------+--------------+
|Santa Clara County |18.25% |
+---------------------------------+--------------+
(8) Commencing with the 2013-14 fiscal year, the High Technology
Theft Apprehension and Prosecution Program, authorized by Section
13848.2, shall receive 26.82628878 percent and shall be allocated by
the Controller in monthly installments according to the following
schedule:
+---------------------------------+--------------+
|Los Angeles County |18.25% |
+---------------------------------+--------------+
|Marin County |18.25% |
+---------------------------------+--------------+
|Marin County, for use by the | |
|Department of Justice in |7.00% |
|implementing subdivision (b) of | |
|Section 13848.4 | |
+---------------------------------+--------------+
|Marin County, for use by the | |
|California District Attorneys | |
|Association in implementing |1.75% |
|subdivision (b) of Section | |
|13848.4 | |
+---------------------------------+--------------+
|Sacramento County |18.25% |
+---------------------------------+--------------+
|San Diego County |18.25% |
+---------------------------------+--------------+
|Santa Clara County |18.25% |
+---------------------------------+--------------+
(9) Commencing with the 2012-13 fiscal year, the Gang Violence
Suppression Program, authorized by Section 13826.1, shall receive
3.90911312 percent and shall be allocated by the Controller according
to the following schedule:
+----------------+-----------------+
|Alameda County |9.6775% |
+----------------+-----------------+
|Los Angeles |22.5808% |
|County | |
+----------------+-----------------+
|Monterey County |9.6775% |
+----------------+-----------------+
|Napa County |17.7417% |
+----------------+-----------------+
|City of Oxnard |17.7417% |
+----------------+-----------------+
|City of |22.5808% |
|Sacramento | |
+----------------+-----------------+
(10) Commencing with the 2013-14 fiscal year, the Gang Violence
Suppression Program, authorized by Section 13826.1, shall receive
3.90911312 percent and shall be allocated by the Controller in
monthly installments according to the following schedule:
+----------------+-----------------+
|Alameda County |9.6775% |
+----------------+-----------------+
|Los Angeles |22.5808% |
|County | |
+----------------+-----------------+
|Monterey County |9.6775% |
+----------------+-----------------+
|Napa County |17.7417% |
+----------------+-----------------+
|City of Oxnard |17.7417% |
+----------------+-----------------+
|City of |22.5808% |
|Sacramento | |
+----------------+-----------------+
(11) Commencing with the 2012-13 fiscal year, the Central Valley
and Central Coast Rural Crime Prevention Programs, authorized by
Sections 14170 and 14180, shall receive 9.06425605 percent and shall
be allocated by the Controller according to the following schedule:
+------------------+----------------+
|Fresno County |18.5588% |
+------------------+----------------+
|Kern County |13.7173% |
+------------------+----------------+
|Kings County |6.8587% |
+------------------+----------------+
|Madera County |4.4380% |
+------------------+----------------+
|Merced County |6.8587% |
+------------------+----------------+
|Monterey County |7.2411% |
+------------------+----------------+
|San Benito County |4.8273% |
+------------------+----------------+
|San Joaquin County|6.8587% |
+------------------+----------------+
|San Luis Obispo |2.1723% |
|County | |
+------------------+----------------+
|Santa Barbara |3.6206% |
|County | |
+------------------+----------------+
|Santa Cruz County |1.4482% |
+------------------+----------------+
|Stanislaus County |6.8587% |
+------------------+----------------+
|Tulare County |16.5415% |
+------------------+----------------+
(12) Commencing with the 2013-14 fiscal year, the Central Valley
and Central Coast Rural Crime Prevention Programs, authorized by
Sections 14170 and 14180, shall receive 9.06425605 percent and shall
be allocated by the Controller in monthly installments according to
the following schedule:
+------------------+----------------+
|Fresno County |18.5588% |
+------------------+----------------+
|Kern County |13.7173% |
+------------------+----------------+
|Kings County |6.8587% |
+------------------+----------------+
|Madera County |4.4380% |
+------------------+----------------+
|Merced County |6.8587% |
+------------------+----------------+
|Monterey County |7.2411% |
+------------------+----------------+
|San Benito County |4.8273% |
+------------------+----------------+
|San Joaquin County|6.8587% |
+------------------+----------------+
|San Luis Obispo |2.1723% |
|County | |
+------------------+----------------+
|Santa Barbara |3.6206% |
|County | |
+------------------+----------------+
|Santa Cruz County |1.4482% |
+------------------+----------------+
|Stanislaus County |6.8587% |
+------------------+----------------+
|Tulare County |16.5415% |
+------------------+----------------+
(d) For any of the programs described in this section, funding
will be distributed by local agencies as would otherwise have
occurred pursuant to Section 1 of Chapter 13 of the Statutes of 2011,
First Extraordinary Session.
(a) The Legislature hereby finds and declares all of the
following:
(1) That violent and serious crimes are being committed against the elderly on an alarmingly regular basis.
(2) That in 1985, the United States Department of Justice reported that approximately 1 in every 10 elderly households in the nation would be touched by crime.
(3) That the California Department of Justice, based upon limited data received from local law enforcement agencies, reported that approximately 10,000 violent crimes were committed against elderly victims in 1985.
(4) That while the elderly may not be the most frequent targets of crime, when they are victimized the impact of each vicious attack has long-lasting effects. Injuries involving, for example, a broken hip may never heal properly and often leave the victim physically impaired. The loss of money used for food and other daily living expenses for these costs may be life-threatening for the older citizen on a fixed income. In addition, stolen or damaged property often cannot be replaced.
(5) Although the State of California currently funds programs to provide assistance to victims of crime and to provide general crime prevention information, there are limited specialized efforts to respond directly to the needs of elderly victims or to provide prevention services tailored for the senior population.
(b) It is the intent of the Legislature that victim services, crime prevention, and criminal justice training programs funded by the Office of Emergency Services shall include, consistent with available resources, specialized components that respond to the diverse needs of elderly citizens residing in the state.
(1) That violent and serious crimes are being committed against the elderly on an alarmingly regular basis.
(2) That in 1985, the United States Department of Justice reported that approximately 1 in every 10 elderly households in the nation would be touched by crime.
(3) That the California Department of Justice, based upon limited data received from local law enforcement agencies, reported that approximately 10,000 violent crimes were committed against elderly victims in 1985.
(4) That while the elderly may not be the most frequent targets of crime, when they are victimized the impact of each vicious attack has long-lasting effects. Injuries involving, for example, a broken hip may never heal properly and often leave the victim physically impaired. The loss of money used for food and other daily living expenses for these costs may be life-threatening for the older citizen on a fixed income. In addition, stolen or damaged property often cannot be replaced.
(5) Although the State of California currently funds programs to provide assistance to victims of crime and to provide general crime prevention information, there are limited specialized efforts to respond directly to the needs of elderly victims or to provide prevention services tailored for the senior population.
(b) It is the intent of the Legislature that victim services, crime prevention, and criminal justice training programs funded by the Office of Emergency Services shall include, consistent with available resources, specialized components that respond to the diverse needs of elderly citizens residing in the state.
The Office of Emergency Services may expend funds for
local domestic violence programs, subject to the availability of
funds therefor.
(a) The Legislature finds the problem of family violence
to be of serious and increasing magnitude. The Legislature also finds
that acts of family violence often result in other crimes and social
problems.
(b) There is in the Office of Emergency Services, a Family Violence Prevention Program. This program shall provide financial and technical assistance to local domestic and family violence centers in implementing family violence prevention programs. The goals and functions of the program shall include all of the following:
(1) Promotion of community involvement through public education geared specifically toward reaching and educating the friends and neighbors of members of violent families.
(2) Development and dissemination of model protocols for the training of criminal justice system personnel in domestic violence intervention and prevention.
(3) Increasing citizen involvement in family violence prevention.
(4) Identification and testing of family violence prevention models.
(5) Replication of successful models, as appropriate, through the state.
(6) Identification and testing of domestic violence model protocols and intervention systems in major service delivery institutions.
(7) Development of informational materials and seminars to enable emulation or adaptation of the models by other communities.
(8) Provision of domestic violence prevention education and skills to students in schools.
(c) The Director of Emergency Services shall allocate funds to local centers meeting the criteria for funding that shall be established by the Office of Emergency Services in consultation with practitioners and experts in the field of family violence prevention. All centers receiving funds pursuant to this section shall have had an ongoing recognized program, supported by either public or private funds, dealing with an aspect of family violence, for at least two years prior to the date specified for submission of applications for funding pursuant to this section. All centers funded pursuant to this section shall utilize volunteers to the greatest extent possible. The centers may seek, receive, and make use of any funds which may be available from all public and private sources to augment any state funds received pursuant to this section. Sixty percent of the state funds received pursuant to this section shall be used to develop and implement model program protocols and materials. Forty percent of the state funds received pursuant to this section shall be allocated to programs to disseminate model program protocols and materials. Dissemination shall include training for domestic violence agencies in California. Each of the programs funded under this section shall focus on no more than two targeted areas. These targeted model areas shall be determined by the Office of Emergency Services in consultation with practitioners and experts in the field of domestic violence, using the domestic violence model priorities survey of the California Alliance Against Domestic Violence. Centers receiving funding shall provide matching funds of at least 10 percent of the funds received pursuant to this section.
(d) The Office of Emergency Services shall develop and disseminate throughout the state information and materials concerning family violence prevention, including, but not limited to, a procedures manual on prevention models. The Office of Emergency Services shall also establish a resource center for the collection, retention, and distribution of educational materials related to family violence and its prevention.
(b) There is in the Office of Emergency Services, a Family Violence Prevention Program. This program shall provide financial and technical assistance to local domestic and family violence centers in implementing family violence prevention programs. The goals and functions of the program shall include all of the following:
(1) Promotion of community involvement through public education geared specifically toward reaching and educating the friends and neighbors of members of violent families.
(2) Development and dissemination of model protocols for the training of criminal justice system personnel in domestic violence intervention and prevention.
(3) Increasing citizen involvement in family violence prevention.
(4) Identification and testing of family violence prevention models.
(5) Replication of successful models, as appropriate, through the state.
(6) Identification and testing of domestic violence model protocols and intervention systems in major service delivery institutions.
(7) Development of informational materials and seminars to enable emulation or adaptation of the models by other communities.
(8) Provision of domestic violence prevention education and skills to students in schools.
(c) The Director of Emergency Services shall allocate funds to local centers meeting the criteria for funding that shall be established by the Office of Emergency Services in consultation with practitioners and experts in the field of family violence prevention. All centers receiving funds pursuant to this section shall have had an ongoing recognized program, supported by either public or private funds, dealing with an aspect of family violence, for at least two years prior to the date specified for submission of applications for funding pursuant to this section. All centers funded pursuant to this section shall utilize volunteers to the greatest extent possible. The centers may seek, receive, and make use of any funds which may be available from all public and private sources to augment any state funds received pursuant to this section. Sixty percent of the state funds received pursuant to this section shall be used to develop and implement model program protocols and materials. Forty percent of the state funds received pursuant to this section shall be allocated to programs to disseminate model program protocols and materials. Dissemination shall include training for domestic violence agencies in California. Each of the programs funded under this section shall focus on no more than two targeted areas. These targeted model areas shall be determined by the Office of Emergency Services in consultation with practitioners and experts in the field of domestic violence, using the domestic violence model priorities survey of the California Alliance Against Domestic Violence. Centers receiving funding shall provide matching funds of at least 10 percent of the funds received pursuant to this section.
(d) The Office of Emergency Services shall develop and disseminate throughout the state information and materials concerning family violence prevention, including, but not limited to, a procedures manual on prevention models. The Office of Emergency Services shall also establish a resource center for the collection, retention, and distribution of educational materials related to family violence and its prevention.
(a) The Office of Emergency Services, with the assistance
of the advisory committee established pursuant to Section 13836,
shall establish a protocol for the examination and treatment of
victims of sexual assault and attempted sexual assault, including
child molestation, and the collection and preservation of evidence
therefrom. The protocol shall contain recommended methods for meeting
the standards specified in Section 13823.11.
(b) In addition to the protocol, the Office of Emergency Services shall develop informational guidelines, containing general reference information on evidence collection and examination of victims of, and psychological and medical treatment for victims of, sexual assault and attempted sexual assault, including child molestation. In developing the protocol and the informational guidelines, the Office of Emergency Services and the advisory committee shall seek the assistance and guidance of organizations assisting victims of sexual assault; qualified health care professionals, criminalists, and administrators who are familiar with emergency room procedures; victims of sexual assault; and law enforcement officials.
(c) The Office of Emergency Services, in cooperation with the State Department of Public Health and the Department of Justice, shall adopt a standard and a complete form or forms for the recording of medical and physical evidence data disclosed by a victim of sexual assault or attempted sexual assault, including child molestation. Each qualified health care professional who conducts an examination for evidence of a sexual assault or an attempted sexual assault, including child molestation, shall use the standard form or forms adopted pursuant to this section, and shall make those observations and perform those tests as may be required for recording of the data required by the form. The forms shall be subject to the same principles of confidentiality applicable to other medical records. The Office of Emergency Services shall make copies of the standard form or forms available to every public or private general acute care hospital, as requested. The standard form shall be used to satisfy the reporting requirements specified in Sections 11160 and 11161 in cases of sexual assault, and may be used in lieu of the form specified in Section 11168 for reports of child abuse.
(d) The Office of Emergency Services shall distribute copies of the protocol and the informational guidelines to every general acute care hospital, law enforcement agency, and prosecutor's office in the state.
(e) As used in this chapter, "qualified health care professional" means a physician and surgeon currently licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, or a nurse currently licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code and working in consultation with a physician and surgeon who conducts examinations or provides treatment as described in Section 13823.9 in a general acute care hospital or in a physician and surgeon's office.
(b) In addition to the protocol, the Office of Emergency Services shall develop informational guidelines, containing general reference information on evidence collection and examination of victims of, and psychological and medical treatment for victims of, sexual assault and attempted sexual assault, including child molestation. In developing the protocol and the informational guidelines, the Office of Emergency Services and the advisory committee shall seek the assistance and guidance of organizations assisting victims of sexual assault; qualified health care professionals, criminalists, and administrators who are familiar with emergency room procedures; victims of sexual assault; and law enforcement officials.
(c) The Office of Emergency Services, in cooperation with the State Department of Public Health and the Department of Justice, shall adopt a standard and a complete form or forms for the recording of medical and physical evidence data disclosed by a victim of sexual assault or attempted sexual assault, including child molestation. Each qualified health care professional who conducts an examination for evidence of a sexual assault or an attempted sexual assault, including child molestation, shall use the standard form or forms adopted pursuant to this section, and shall make those observations and perform those tests as may be required for recording of the data required by the form. The forms shall be subject to the same principles of confidentiality applicable to other medical records. The Office of Emergency Services shall make copies of the standard form or forms available to every public or private general acute care hospital, as requested. The standard form shall be used to satisfy the reporting requirements specified in Sections 11160 and 11161 in cases of sexual assault, and may be used in lieu of the form specified in Section 11168 for reports of child abuse.
(d) The Office of Emergency Services shall distribute copies of the protocol and the informational guidelines to every general acute care hospital, law enforcement agency, and prosecutor's office in the state.
(e) As used in this chapter, "qualified health care professional" means a physician and surgeon currently licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, or a nurse currently licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code and working in consultation with a physician and surgeon who conducts examinations or provides treatment as described in Section 13823.9 in a general acute care hospital or in a physician and surgeon's office.
The Office of Emergency Services may secure grants,
donations, or other funding for the purpose of funding any statewide
task force on sexual assault of children that may be established and
administered by the Department of Justice.
The protocol adopted pursuant to Section 13823.5 for the
medical treatment of victims of sexual assault, which includes the
examination and treatment of victims of sexual assault or attempted
sexual assault, including child molestation, and the collection and
preservation of evidence therefrom shall include provisions for all
of the following:
(a) Notification of injuries and a report of suspected child sexual abuse to law enforcement authorities.
(b) Obtaining consent for the examination, for the treatment of injuries, for the collection of evidence, and for the photographing of injuries.
(c) Taking a patient history of sexual assault and other relevant medical history.
(d) Performance of the physical examination for evidence of sexual assault.
(e) Collection of physical evidence of assault.
(f) Collection of other medical specimens.
(g) Procedures for the preservation and disposition of physical evidence.
(a) Notification of injuries and a report of suspected child sexual abuse to law enforcement authorities.
(b) Obtaining consent for the examination, for the treatment of injuries, for the collection of evidence, and for the photographing of injuries.
(c) Taking a patient history of sexual assault and other relevant medical history.
(d) Performance of the physical examination for evidence of sexual assault.
(e) Collection of physical evidence of assault.
(f) Collection of other medical specimens.
(g) Procedures for the preservation and disposition of physical evidence.
(a) Every public or private general acute care hospital
that examines a victim of sexual assault or attempted sexual assault,
including child molestation, shall comply with the standards
specified in Section 13823.11 and the protocol and guidelines adopted
pursuant to Section 13823.5.
(b) Each county with a population of more than 100,000 shall arrange that professional personnel trained in the examination of victims of sexual assault, including child molestation, shall be present or on call either in the county hospital which provides emergency medical services or in any general acute care hospital which has contracted with the county to provide emergency medical services. In counties with a population of 1,000,000 or more, the presence of these professional personnel shall be arranged in at least one general acute care hospital for each 1,000,000 persons in the county.
(c) Each county shall designate at least one general acute care hospital to perform examinations on victims of sexual assault, including child molestation.
(d) (1) The protocol published by the Office of Emergency Services shall be used as a guide for the procedures to be used by every public or private general acute care hospital in the state for the examination and treatment of victims of sexual assault and attempted sexual assault, including child molestation, and the collection and preservation of evidence therefrom.
(2) The informational guide developed by the Office of Emergency Services shall be consulted where indicated in the protocol, as well as to gain knowledge about all aspects of examination and treatment of victims of sexual assault and child molestation.
(b) Each county with a population of more than 100,000 shall arrange that professional personnel trained in the examination of victims of sexual assault, including child molestation, shall be present or on call either in the county hospital which provides emergency medical services or in any general acute care hospital which has contracted with the county to provide emergency medical services. In counties with a population of 1,000,000 or more, the presence of these professional personnel shall be arranged in at least one general acute care hospital for each 1,000,000 persons in the county.
(c) Each county shall designate at least one general acute care hospital to perform examinations on victims of sexual assault, including child molestation.
(d) (1) The protocol published by the Office of Emergency Services shall be used as a guide for the procedures to be used by every public or private general acute care hospital in the state for the examination and treatment of victims of sexual assault and attempted sexual assault, including child molestation, and the collection and preservation of evidence therefrom.
(2) The informational guide developed by the Office of Emergency Services shall be consulted where indicated in the protocol, as well as to gain knowledge about all aspects of examination and treatment of victims of sexual assault and child molestation.
(a) For purposes of this section, the following
definitions apply:
(1) "Medical personnel" includes physicians, nurse practitioners, physician assistants, nurses, and other health care providers, as appropriate.
(2) To "perform a medical evidentiary examination" means to evaluate, collect, preserve, and document evidence, interpret findings, and document examination results.
(b) To ensure the delivery of standardized curriculum, essential for consistent examination procedures throughout the state, one hospital-based training center shall be established through a competitive bidding process, to train medical personnel on how to perform medical evidentiary examinations for victims of child abuse or neglect, sexual assault, domestic violence, elder abuse, and abuse or assault perpetrated against persons with disabilities. The center also shall provide training for investigative and court personnel involved in dependency and criminal proceedings, on how to interpret the findings of medical evidentiary examinations. The training provided by the training center shall be made available to medical personnel, law enforcement, and the courts throughout the state.
(c) The training center shall meet all of the following criteria:
(1) Recognized expertise and experience in providing medical evidentiary examinations for victims of child abuse or neglect, sexual assault, domestic violence, elder abuse, and abuse or assault perpetrated against persons with disabilities.
(2) Recognized expertise and experience implementing the protocol established pursuant to Section 13823.5.
(3) History of providing training, including, but not limited to, the clinical supervision of trainees and the evaluation of clinical competency.
(4) Recognized expertise and experience in the use of advanced medical technology and training in the evaluation of victims of child abuse or neglect, sexual assault, domestic violence, elder abuse, and abuse or assault perpetrated against persons with disabilities.
(5) Significant history in working with professionals in the field of criminalistics.
(6) Established relationships with local crime laboratories, clinical laboratories, law enforcement agencies, district attorneys' offices, child protective services, victim advocacy programs, and federal investigative agencies.
(7) The capacity for developing a telecommunication network between primary, secondary, and tertiary medical providers.
(8) History of leadership in working collaboratively with medical forensic experts, criminal justice experts, investigative social worker experts, state criminal justice, social services, health and mental health agencies, and statewide professional associations representing the various disciplines, especially those specified in paragraph (6) of subdivision (d).
(9) History of leadership in working collaboratively with state and local victim advocacy organizations, especially those addressing sexual assault and domestic violence.
(10) History and experience in the development and delivery of standardized curriculum for forensic medical experts, criminal justice professionals, and investigative social workers.
(11) History of research, particularly involving databases, in the area of child physical and sexual abuse, sexual assault, elder abuse, or domestic violence.
(d) The training center shall do all of the following:
(1) Develop and implement a standardized training program for medical personnel that has been reviewed and approved by a multidisciplinary peer review committee.
(2) Develop a telecommunication system network between the training center and other areas of the state, including rural and midsized counties. This service shall provide case consultation to medical personnel, law enforcement, and the courts and provide continuing medical education.
(3) Provide ongoing basic, advanced, and specialized training programs.
(4) Develop guidelines for the reporting and management of child physical abuse and neglect, domestic violence, and elder abuse.
(5) Develop guidelines for evaluating the results of training for the medical personnel performing examinations.
(6) Provide standardized training for law enforcement officers, district attorneys, public defenders, investigative social workers, and judges on medical evidentiary examination procedures and the interpretation of findings. This training shall be developed and implemented in collaboration with the Peace Officer Standards and Training Program, the California District Attorneys Association, the California Peace Officers Association, the California Police Chiefs Association, the California State Sheriffs' Association, the California Association of Crime Laboratory Directors, the California Sexual Assault Investigators Association, the California Alliance Against Domestic Violence, the Statewide California Coalition for Battered Women, the Family Violence Prevention Fund, child victim advocacy organizations, the California Welfare Directors Association, the California Coalition Against Sexual Assault, the Department of Justice, the agency, the Child Welfare Training Program, and the University of California extension programs.
(7) Promote an interdisciplinary approach in the assessment and management of child abuse and neglect, sexual assault, elder abuse, domestic violence, and abuse or assault against persons with disabilities.
(8) Provide training in the dynamics of victimization, including, but not limited to, rape trauma syndrome, intimate partner battering and its effects, the effects of child abuse and neglect, and the various aspects of elder abuse. This training shall be provided by individuals who are recognized as experts within their respective disciplines.
(e) Nothing in this section shall be construed to change the scope of practice for any health care provider, as defined in other provisions of law.
(1) "Medical personnel" includes physicians, nurse practitioners, physician assistants, nurses, and other health care providers, as appropriate.
(2) To "perform a medical evidentiary examination" means to evaluate, collect, preserve, and document evidence, interpret findings, and document examination results.
(b) To ensure the delivery of standardized curriculum, essential for consistent examination procedures throughout the state, one hospital-based training center shall be established through a competitive bidding process, to train medical personnel on how to perform medical evidentiary examinations for victims of child abuse or neglect, sexual assault, domestic violence, elder abuse, and abuse or assault perpetrated against persons with disabilities. The center also shall provide training for investigative and court personnel involved in dependency and criminal proceedings, on how to interpret the findings of medical evidentiary examinations. The training provided by the training center shall be made available to medical personnel, law enforcement, and the courts throughout the state.
(c) The training center shall meet all of the following criteria:
(1) Recognized expertise and experience in providing medical evidentiary examinations for victims of child abuse or neglect, sexual assault, domestic violence, elder abuse, and abuse or assault perpetrated against persons with disabilities.
(2) Recognized expertise and experience implementing the protocol established pursuant to Section 13823.5.
(3) History of providing training, including, but not limited to, the clinical supervision of trainees and the evaluation of clinical competency.
(4) Recognized expertise and experience in the use of advanced medical technology and training in the evaluation of victims of child abuse or neglect, sexual assault, domestic violence, elder abuse, and abuse or assault perpetrated against persons with disabilities.
(5) Significant history in working with professionals in the field of criminalistics.
(6) Established relationships with local crime laboratories, clinical laboratories, law enforcement agencies, district attorneys' offices, child protective services, victim advocacy programs, and federal investigative agencies.
(7) The capacity for developing a telecommunication network between primary, secondary, and tertiary medical providers.
(8) History of leadership in working collaboratively with medical forensic experts, criminal justice experts, investigative social worker experts, state criminal justice, social services, health and mental health agencies, and statewide professional associations representing the various disciplines, especially those specified in paragraph (6) of subdivision (d).
(9) History of leadership in working collaboratively with state and local victim advocacy organizations, especially those addressing sexual assault and domestic violence.
(10) History and experience in the development and delivery of standardized curriculum for forensic medical experts, criminal justice professionals, and investigative social workers.
(11) History of research, particularly involving databases, in the area of child physical and sexual abuse, sexual assault, elder abuse, or domestic violence.
(d) The training center shall do all of the following:
(1) Develop and implement a standardized training program for medical personnel that has been reviewed and approved by a multidisciplinary peer review committee.
(2) Develop a telecommunication system network between the training center and other areas of the state, including rural and midsized counties. This service shall provide case consultation to medical personnel, law enforcement, and the courts and provide continuing medical education.
(3) Provide ongoing basic, advanced, and specialized training programs.
(4) Develop guidelines for the reporting and management of child physical abuse and neglect, domestic violence, and elder abuse.
(5) Develop guidelines for evaluating the results of training for the medical personnel performing examinations.
(6) Provide standardized training for law enforcement officers, district attorneys, public defenders, investigative social workers, and judges on medical evidentiary examination procedures and the interpretation of findings. This training shall be developed and implemented in collaboration with the Peace Officer Standards and Training Program, the California District Attorneys Association, the California Peace Officers Association, the California Police Chiefs Association, the California State Sheriffs' Association, the California Association of Crime Laboratory Directors, the California Sexual Assault Investigators Association, the California Alliance Against Domestic Violence, the Statewide California Coalition for Battered Women, the Family Violence Prevention Fund, child victim advocacy organizations, the California Welfare Directors Association, the California Coalition Against Sexual Assault, the Department of Justice, the agency, the Child Welfare Training Program, and the University of California extension programs.
(7) Promote an interdisciplinary approach in the assessment and management of child abuse and neglect, sexual assault, elder abuse, domestic violence, and abuse or assault against persons with disabilities.
(8) Provide training in the dynamics of victimization, including, but not limited to, rape trauma syndrome, intimate partner battering and its effects, the effects of child abuse and neglect, and the various aspects of elder abuse. This training shall be provided by individuals who are recognized as experts within their respective disciplines.
(e) Nothing in this section shall be construed to change the scope of practice for any health care provider, as defined in other provisions of law.
(a) No costs incurred by a qualified health care
professional, hospital, or other emergency medical facility for the
medical evidentiary examination portion of the examination of the
victim of a sexual assault, as described in the protocol developed
pursuant to Section 13823.5, when the examination is performed
pursuant to Sections 13823.5 and 13823.7, shall be charged directly
or indirectly to the victim of the assault.
(b) Any victim of a sexual assault who seeks a medical evidentiary examination, as that term is used in Section 13823.93, shall be provided with a medical evidentiary examination. No victim of a sexual assault shall be required to participate or to agree to participate in the criminal justice system, either prior to the examination or at any other time.
(c) The cost of a medical evidentiary examination performed by a qualified health care professional, hospital, or other emergency medical facility for a victim of a sexual assault shall be treated as a local cost and charged to the local law enforcement agency in whose jurisdiction the alleged offense was committed; provided, however, that the local law enforcement agency may seek reimbursement, as provided in subdivision (d), for the cost of conducting the medical evidentiary examination portion of a medical examination of a sexual assault victim who does not participate in the criminal justice system.
(d) The amount that may be charged by a qualified health care professional, hospital, or other emergency medical facility to perform the medical evidentiary examination portion of a medical examination of a victim of a sexual assault shall not exceed three hundred dollars ($300). The Office of Emergency Services shall use the discretionary funds from federal grants awarded to the agency pursuant to the federal Violence Against Women and Department of Justice Reauthorization Act of 2005 and the federal Violence Against Women Reauthorization Act of 2013 through the federal Office of Violence Against Women, specifically, the STOP (Services, Training, Officers, and Prosecutors) Violence Against Women Formula Grant Program, to cover the cost of the medical evidentiary examination portion of a medical examination of a sexual assault victim.
(b) Any victim of a sexual assault who seeks a medical evidentiary examination, as that term is used in Section 13823.93, shall be provided with a medical evidentiary examination. No victim of a sexual assault shall be required to participate or to agree to participate in the criminal justice system, either prior to the examination or at any other time.
(c) The cost of a medical evidentiary examination performed by a qualified health care professional, hospital, or other emergency medical facility for a victim of a sexual assault shall be treated as a local cost and charged to the local law enforcement agency in whose jurisdiction the alleged offense was committed; provided, however, that the local law enforcement agency may seek reimbursement, as provided in subdivision (d), for the cost of conducting the medical evidentiary examination portion of a medical examination of a sexual assault victim who does not participate in the criminal justice system.
(d) The amount that may be charged by a qualified health care professional, hospital, or other emergency medical facility to perform the medical evidentiary examination portion of a medical examination of a victim of a sexual assault shall not exceed three hundred dollars ($300). The Office of Emergency Services shall use the discretionary funds from federal grants awarded to the agency pursuant to the federal Violence Against Women and Department of Justice Reauthorization Act of 2005 and the federal Violence Against Women Reauthorization Act of 2013 through the federal Office of Violence Against Women, specifically, the STOP (Services, Training, Officers, and Prosecutors) Violence Against Women Formula Grant Program, to cover the cost of the medical evidentiary examination portion of a medical examination of a sexual assault victim.
The minimum standards for the examination and treatment
of victims of sexual assault or attempted sexual assault, including
child molestation and the collection and preservation of evidence
therefrom include all of the following:
(a) Law enforcement authorities shall be notified.
(b) In conducting the physical examination, the outline indicated in the form adopted pursuant to subdivision (c) of Section 13823.5 shall be followed.
(c) Consent for a physical examination, treatment, and collection of evidence shall be obtained.
(1) Consent to an examination for evidence of sexual assault shall be obtained prior to the examination of a victim of sexual assault and shall include separate written documentation of consent to each of the following:
(A) Examination for the presence of injuries sustained as a result of the assault.
(B) Examination for evidence of sexual assault and collection of physical evidence.
(C) Photographs of injuries.
(2) Consent to treatment shall be obtained in accordance with usual hospital policy.
(3) A victim of sexual assault shall be informed that he or she may refuse to consent to an examination for evidence of sexual assault, including the collection of physical evidence, but that a refusal is not a ground for denial of treatment of injuries and for possible pregnancy and sexually transmitted diseases, if the person wishes to obtain treatment and consents thereto.
(4) Pursuant to Chapter 3 (commencing with Section 6920) of Part 4 of Division 11 of the Family Code, a minor may consent to hospital, medical, and surgical care related to a sexual assault without the consent of a parent or guardian.
(5) In cases of known or suspected child abuse, the consent of the parents or legal guardian is not required. In the case of suspected child abuse and nonconsenting parents, the consent of the local agency providing child protective services or the local law enforcement agency shall be obtained. Local procedures regarding obtaining consent for the examination and treatment of, and the collection of evidence from, children from child protective authorities shall be followed.
(d) A history of sexual assault shall be taken. The history obtained in conjunction with the examination for evidence of sexual assault shall follow the outline of the form established pursuant to subdivision (c) of Section 13823.5 and shall include all of the following:
(1) A history of the circumstances of the assault.
(2) For a child, any previous history of child sexual abuse and an explanation of injuries, if different from that given by parent or person accompanying the child.
(3) Physical injuries reported.
(4) Sexual acts reported, whether or not ejaculation is suspected, and whether or not a condom or lubricant was used.
(5) Record of relevant medical history.
(e) (1) If indicated by the history of contact, a female victim of sexual assault shall be provided with the option of postcoital contraception by a physician or other health care provider.
(2) Postcoital contraception shall be dispensed by a physician or other health care provider upon the request of the victim.
(f) Each adult and minor victim of sexual assault who consents to a medical examination for collection of evidentiary material shall have a physical examination which includes, but is not limited to, all of the following:
(1) Inspection of the clothing, body, and external genitalia for injuries and foreign materials.
(2) Examination of the mouth, vagina, cervix, penis, anus, and rectum, as indicated.
(3) Documentation of injuries and evidence collected. Prepubertal children shall not have internal vaginal or anal examinations unless absolutely necessary. This does not preclude careful collection of evidence using a swab.
(g) The collection of physical evidence shall conform to the following procedures:
(1) Each victim of sexual assault who consents to an examination for collection of evidence shall have the following items of evidence collected, except where he or she specifically objects:
(A) Clothing worn during the assault.
(B) Foreign materials revealed by an examination of the clothing, body, external genitalia, and pubic hair combings.
(C) Swabs and slides from the mouth, vagina, rectum, and penis, as indicated, to determine the presence or absence of sperm and sperm motility, and for genetic marker typing.
(D) If indicated by the history of contact, the victim's urine and blood sample, for toxicology purposes, to determine if drugs or alcohol were used in connection with the assault. Toxicology results obtained pursuant to this paragraph shall not be admissible in any criminal or civil action or proceeding against any victim who consents to the collection of physical evidence pursuant to this paragraph. Except for purposes of prosecuting or defending the crime or crimes necessitating the examination specified by this section, any toxicology results obtained pursuant to this paragraph shall be kept confidential, may not be further disclosed, and shall not be required to be disclosed by the victim for any purpose not specified in this paragraph. The victim shall specifically be informed of the immunity and confidentiality safeguards provided herein.
(2) Each victim of sexual assault who consents to an examination for the collection of evidence shall have reference specimens taken, except when he or she specifically objects thereto. A reference specimen is a standard from which to obtain baseline information (for example: pubic and head hair, blood, and saliva for genetic marker typing). These specimens shall be taken in accordance with the standards of the local criminalistics laboratory.
(3) A baseline gonorrhea culture, and syphilis serology, shall be taken, if indicated by the history of contact. Specimens for a pregnancy test shall be taken, if indicated by the history of contact.
(4) (A) If indicated by the history of contact, a female victim of sexual assault shall be provided with the option of postcoital contraception by a physician or other health care provider.
(B) Postcoital contraception shall be dispensed by a physician or other health care provider upon the request of the victim.
(h) Preservation and disposition of physical evidence shall conform to the following procedures:
(1) All swabs and slides shall be air-dried prior to packaging.
(2) All items of evidence including laboratory specimens shall be clearly labeled as to the identity of the source and the identity of the person collecting them.
(3) The evidence shall have a form attached which documents its chain of custody and shall be properly sealed.
(4) The evidence shall be turned over to the proper law enforcement agency.
(a) Law enforcement authorities shall be notified.
(b) In conducting the physical examination, the outline indicated in the form adopted pursuant to subdivision (c) of Section 13823.5 shall be followed.
(c) Consent for a physical examination, treatment, and collection of evidence shall be obtained.
(1) Consent to an examination for evidence of sexual assault shall be obtained prior to the examination of a victim of sexual assault and shall include separate written documentation of consent to each of the following:
(A) Examination for the presence of injuries sustained as a result of the assault.
(B) Examination for evidence of sexual assault and collection of physical evidence.
(C) Photographs of injuries.
(2) Consent to treatment shall be obtained in accordance with usual hospital policy.
(3) A victim of sexual assault shall be informed that he or she may refuse to consent to an examination for evidence of sexual assault, including the collection of physical evidence, but that a refusal is not a ground for denial of treatment of injuries and for possible pregnancy and sexually transmitted diseases, if the person wishes to obtain treatment and consents thereto.
(4) Pursuant to Chapter 3 (commencing with Section 6920) of Part 4 of Division 11 of the Family Code, a minor may consent to hospital, medical, and surgical care related to a sexual assault without the consent of a parent or guardian.
(5) In cases of known or suspected child abuse, the consent of the parents or legal guardian is not required. In the case of suspected child abuse and nonconsenting parents, the consent of the local agency providing child protective services or the local law enforcement agency shall be obtained. Local procedures regarding obtaining consent for the examination and treatment of, and the collection of evidence from, children from child protective authorities shall be followed.
(d) A history of sexual assault shall be taken. The history obtained in conjunction with the examination for evidence of sexual assault shall follow the outline of the form established pursuant to subdivision (c) of Section 13823.5 and shall include all of the following:
(1) A history of the circumstances of the assault.
(2) For a child, any previous history of child sexual abuse and an explanation of injuries, if different from that given by parent or person accompanying the child.
(3) Physical injuries reported.
(4) Sexual acts reported, whether or not ejaculation is suspected, and whether or not a condom or lubricant was used.
(5) Record of relevant medical history.
(e) (1) If indicated by the history of contact, a female victim of sexual assault shall be provided with the option of postcoital contraception by a physician or other health care provider.
(2) Postcoital contraception shall be dispensed by a physician or other health care provider upon the request of the victim.
(f) Each adult and minor victim of sexual assault who consents to a medical examination for collection of evidentiary material shall have a physical examination which includes, but is not limited to, all of the following:
(1) Inspection of the clothing, body, and external genitalia for injuries and foreign materials.
(2) Examination of the mouth, vagina, cervix, penis, anus, and rectum, as indicated.
(3) Documentation of injuries and evidence collected. Prepubertal children shall not have internal vaginal or anal examinations unless absolutely necessary. This does not preclude careful collection of evidence using a swab.
(g) The collection of physical evidence shall conform to the following procedures:
(1) Each victim of sexual assault who consents to an examination for collection of evidence shall have the following items of evidence collected, except where he or she specifically objects:
(A) Clothing worn during the assault.
(B) Foreign materials revealed by an examination of the clothing, body, external genitalia, and pubic hair combings.
(C) Swabs and slides from the mouth, vagina, rectum, and penis, as indicated, to determine the presence or absence of sperm and sperm motility, and for genetic marker typing.
(D) If indicated by the history of contact, the victim's urine and blood sample, for toxicology purposes, to determine if drugs or alcohol were used in connection with the assault. Toxicology results obtained pursuant to this paragraph shall not be admissible in any criminal or civil action or proceeding against any victim who consents to the collection of physical evidence pursuant to this paragraph. Except for purposes of prosecuting or defending the crime or crimes necessitating the examination specified by this section, any toxicology results obtained pursuant to this paragraph shall be kept confidential, may not be further disclosed, and shall not be required to be disclosed by the victim for any purpose not specified in this paragraph. The victim shall specifically be informed of the immunity and confidentiality safeguards provided herein.
(2) Each victim of sexual assault who consents to an examination for the collection of evidence shall have reference specimens taken, except when he or she specifically objects thereto. A reference specimen is a standard from which to obtain baseline information (for example: pubic and head hair, blood, and saliva for genetic marker typing). These specimens shall be taken in accordance with the standards of the local criminalistics laboratory.
(3) A baseline gonorrhea culture, and syphilis serology, shall be taken, if indicated by the history of contact. Specimens for a pregnancy test shall be taken, if indicated by the history of contact.
(4) (A) If indicated by the history of contact, a female victim of sexual assault shall be provided with the option of postcoital contraception by a physician or other health care provider.
(B) Postcoital contraception shall be dispensed by a physician or other health care provider upon the request of the victim.
(h) Preservation and disposition of physical evidence shall conform to the following procedures:
(1) All swabs and slides shall be air-dried prior to packaging.
(2) All items of evidence including laboratory specimens shall be clearly labeled as to the identity of the source and the identity of the person collecting them.
(3) The evidence shall have a form attached which documents its chain of custody and shall be properly sealed.
(4) The evidence shall be turned over to the proper law enforcement agency.
Failure to comply fully with Section 13823.11 or with the
protocol or guidelines, or to utilize the form established by the
Office of Emergency Services, shall not constitute grounds to exclude
evidence, nor shall the court instruct or comment to the trier of
fact in any case that less weight may be given to the evidence based
on the failure to comply.
(a) The Office of Emergency Services shall develop a
course of training for qualified health care professionals relating
to the examination and treatment of victims of sexual assault. In
developing the curriculum for the course, the Office of Emergency
Services shall consult with health care professionals and appropriate
law enforcement agencies. The Office of Emergency Services shall
also obtain recommendations from the same health care professionals
and appropriate law enforcement agencies on the best means to
disseminate the course of training on a statewide basis. The Office
of Emergency Services is encouraged to designate a course of training
for qualified health care professionals, as described in this
section, and shall partner with other allied professionals training
courses, such as sexual assault investigator training administered by
the Peace Officer Standards and Training (POST), sexual assault
prosecutor training as administered by the California District
Attorneys Association (CDAA), or sexual assault advocate training as
administered by the California Coalition Against Sexual Assault
(CalCASA).
(b) The training course developed pursuant to subdivision (a) shall be designed to train qualified health care professionals to do all of the following:
(1) Perform a health assessment of victims of sexual assault in accordance with any applicable minimum standards set forth in Section 13823.11.
(2) Collect and document physical and laboratory evidence in accordance with any applicable minimum standards set forth in Section 13823.11.
(3) Provide information and referrals to victims of sexual assault to enhance the continuity of care of victims.
(4) Present testimony in court.
(c) As used in this section, "qualified health care professional" means a physician and surgeon currently licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, or a nurse currently licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code who works in consultation with a physician and surgeon or who conducts examinations described in Section 13823.9 in a general acute care hospital or in the office of a physician and surgeon, a nurse practitioner currently licensed pursuant to Chapter 6 (commencing with Section 2834) of Division 2 of the Business and Professions Code, or a physician assistant licensed pursuant to Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code.
(d) As used in this section, "appropriate law enforcement agencies" may include, but shall not be limited to, the Attorney General of the State of California, any district attorney, and any agency of the State of California expressly authorized by statute to investigate or prosecute law violators.
(b) The training course developed pursuant to subdivision (a) shall be designed to train qualified health care professionals to do all of the following:
(1) Perform a health assessment of victims of sexual assault in accordance with any applicable minimum standards set forth in Section 13823.11.
(2) Collect and document physical and laboratory evidence in accordance with any applicable minimum standards set forth in Section 13823.11.
(3) Provide information and referrals to victims of sexual assault to enhance the continuity of care of victims.
(4) Present testimony in court.
(c) As used in this section, "qualified health care professional" means a physician and surgeon currently licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, or a nurse currently licensed pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code who works in consultation with a physician and surgeon or who conducts examinations described in Section 13823.9 in a general acute care hospital or in the office of a physician and surgeon, a nurse practitioner currently licensed pursuant to Chapter 6 (commencing with Section 2834) of Division 2 of the Business and Professions Code, or a physician assistant licensed pursuant to Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code.
(d) As used in this section, "appropriate law enforcement agencies" may include, but shall not be limited to, the Attorney General of the State of California, any district attorney, and any agency of the State of California expressly authorized by statute to investigate or prosecute law violators.
(a) The Legislature finds the problem of domestic
violence to be of serious and increasing magnitude. The Legislature
also finds that existing domestic violence services are underfunded
and that some areas of the state are unserved or underserved.
Therefore, it is the intent of the Legislature that a goal or purpose
of the Office of Emergency Services shall be to ensure that all
victims of domestic violence served by the Office of Emergency
Services Comprehensive Statewide Domestic Violence Program receive
comprehensive, quality services.
(b) There is in the Office of Emergency Services a Comprehensive Statewide Domestic Violence Program. The goals of the program shall be to provide local assistance to existing service providers, to maintain and expand services based on a demonstrated need, and to establish a targeted or directed program for the development and establishment of domestic violence services in currently unserved and underserved areas. The Office of Emergency Services shall provide financial and technical assistance to local domestic violence centers in implementing all of the following services:
(1) Twenty-four-hour crisis hotlines.
(2) Counseling.
(3) Business centers.
(4) Emergency "safe" homes or shelters for victims and families.
(5) Emergency food and clothing.
(6) Emergency response to calls from law enforcement.
(7) Hospital emergency room protocol and assistance.
(8) Emergency transportation.
(9) Supportive peer counseling.
(10) Counseling for children.
(11) Court and social service advocacy.
(12) Legal assistance with temporary restraining orders, devices, and custody disputes.
(13) Community resource and referral.
(14) Household establishment assistance. Priority for financial and technical assistance shall be given to emergency shelter programs and "safe" homes for victims of domestic violence and their children.
(c) Except as provided in subdivision (f), the Office of Emergency Services and the advisory committee established pursuant to Section 13823.16 shall collaboratively administer the Comprehensive Statewide Domestic Violence Program, and shall allocate funds to local centers meeting the criteria for funding. All organizations funded pursuant to this section shall utilize volunteers to the greatest extent possible. The centers may seek, receive, and make use of any funds which may be available from all public and private sources to augment state funds received pursuant to this section. Centers receiving funding shall provide cash or an in-kind match of at least 10 percent of the funds received pursuant to this section.
(d) The Office of Emergency Services shall conduct statewide training workshops on domestic violence for local centers, law enforcement, and other service providers designed to enhance service programs. The workshops shall be planned in conjunction with practitioners and experts in the field of domestic violence prevention. The workshops shall include a curriculum component on lesbian, gay, bisexual, and transgender specific domestic abuse.
(e) The Office of Emergency Services shall develop and disseminate throughout the state information and materials concerning domestic violence. The Office of Emergency Services shall also establish a resource center for the collection, retention, and distribution of educational materials related to domestic violence. The Office of Emergency Services may utilize and contract with existing domestic violence technical assistance centers in this state in complying with the requirements of this subdivision.
(f) The funding process for distributing grant awards to domestic violence shelter service providers (DVSSPs) shall be administered by the Office of Emergency Services as follows:
(1) The Office of Emergency Services shall establish each of the following:
(A) The process and standards for determining whether to grant, renew, or deny funding to any DVSSP applying or reapplying for funding under the terms of the program.
(B) For DVSSPs applying for grants under the request for proposal process described in paragraph (2), a system for grading grant applications in relation to the standards established pursuant to subparagraph (A), and an appeal process for applications that are denied. A description of this grading system and appeal process shall be provided to all DVSSPs as part of the application required under the RFP process.
(C) For DVSSPs reapplying for funding under the request for application process described in paragraph (4), a system for grading the performance of DVSSPs in relation to the standards established pursuant to subparagraph (A), and an appeal process for decisions to deny or reduce funding. A description of this grading system and appeal process shall be provided to all DVSSPs receiving grants under this program.
(2) Grants for shelters that were not funded in the previous cycle shall be awarded as a result of a competitive request for proposal (RFP) process. The RFP process shall comply with all applicable state and federal statutes for domestic violence shelter funding and, to the extent possible, the response to the RFP shall not exceed 25 narrative pages, excluding attachments.
(3) Grants shall be awarded to DVSSPs that propose to maintain shelters or services previously granted funding pursuant to this section, to expand existing services or create new services, or to establish new domestic violence shelters in underserved or unserved areas. Each grant shall be awarded for a three-year term.
(4) DVSSPs reapplying for grants shall not be subject to a competitive grant process, but shall be subject to a request for application (RFA) process. The RFA process shall consist in part of an assessment of the past performance history of the DVSSP in relation to the standards established pursuant to paragraph (1). The RFA process shall comply with all applicable state and federal statutes for domestic violence center funding and, to the extent possible, the response to the RFA shall not exceed 10 narrative pages, excluding attachments.
(5) A DVSSP funded through this program in the previous grant cycle, including a DVSSP funded by Chapter 707 of the Statutes of 2001, shall be funded upon reapplication, unless, pursuant to the assessment required under the RFA process, its past performance history fails to meet the standards established by the Office of Emergency Services pursuant to paragraph (1).
(6) The Office of Emergency Services shall conduct a minimum of one site visit every three years for each DVSSP funded pursuant to this subdivision. The purpose of the site visit shall be to conduct a performance assessment of, and provide subsequent technical assistance for, each shelter visited. The performance assessment shall include, but need not be limited to, a review of all of the following:
(A) Progress in meeting program goals and objectives.
(B) Agency organization and facilities.
(C) Personnel policies, files, and training.
(D) Recordkeeping, budgeting, and expenditures.
(E) Documentation, data collection, and client confidentiality.
(7) After each site visit conducted pursuant to paragraph (6), the Office of Emergency Services shall provide a written report to the DVSSP summarizing the performance of the DVSSP, deficiencies noted, corrective action needed, and a deadline for corrective action to be completed. The Office of Emergency Services shall also develop a corrective action plan for verifying the completion of corrective action required. The Office of Emergency Services shall submit its written report to the DVSSP no more than 60 days after the site visit. No grant under the RFA process shall be denied if the DVSSP has not received a site visit during the previous three years, unless the Office of Emergency Services is aware of criminal violations relative to the administration of grant funding.
(8) If an agency receives funding from both the Comprehensive Statewide Domestic Violence Program in the Office of Emergency Services and the Maternal, Child, and Adolescent Health Division of the State Department of Public Health during any grant cycle, the Comprehensive Statewide Domestic Violence Program and the Maternal, Child, and Adolescent Health Division shall, to the extent feasible, coordinate agency site visits and share performance assessment data with the goal of improving efficiency, eliminating duplication, and reducing administrative costs.
(9) DVSSPs receiving written reports of deficiencies or orders for corrective action after a site visit shall be given no less than six months' time to take corrective action before the deficiencies or failure to correct may be considered in the next RFA process. However, the Office of Emergency Services shall have the discretion to reduce the time to take corrective action in cases where the deficiencies present a significant health or safety risk or when other severe circumstances are found to exist. If corrective action is deemed necessary, and a DVSSP fails to comply, or if other deficiencies exist that, in the judgment of the Office of Emergency Services, cannot be corrected, the Office of Emergency Services shall determine, using its grading system, whether continued funding for the DVSSP should be reduced or denied altogether. If a DVSSP has been determined to be deficient, the Office of Emergency Services may, at any point during the DVSSP's funding cycle following the expiration of the period for corrective action, deny or reduce further funding.
(10) If a DVSSP applies or reapplies for funding pursuant to this section and that funding is denied or reduced, the decision to deny or reduce funding shall be provided in writing to the DVSSP, along with a written explanation of the reasons for the reduction or denial made in accordance with the grading system for the RFP or RFA process. Except as otherwise provided, an appeal of the decision to deny or reduce funding shall be made in accordance with the appeal process established by the Office of Emergency Services. The appeal process shall allow a DVSSP a minimum of 30 days to appeal after a decision to deny or reduce funding. All pending appeals shall be resolved before final funding decisions are reached.
(11) It is the intent of the Legislature that priority for additional funds that become available shall be given to currently funded, new, or previously unfunded DVSSPs for expansion of services. However, the Office of Emergency Services may determine when expansion is needed to accommodate underserved or unserved areas. If supplemental funding is unavailable, the Office of Emergency Services shall have the authority to lower the base level of grants to all currently funded DVSSPs in order to provide funding for currently funded, new, or previously unfunded DVSSPs that will provide services in underserved or unserved areas. However, to the extent reasonable, funding reductions shall be reduced proportionately among all currently funded DVSSPs. After the amount of funding reductions has been determined, DVSSPs that are currently funded and those applying for funding shall be notified of changes in the available level of funding prior to the next application process. Funding reductions made under this paragraph shall not be subject to appeal.
(12) Notwithstanding any other provision of this section, Office of Emergency Services may reduce funding to a DVSSP funded pursuant to this section if federal funding support is reduced. Funding reductions as a result of a reduction in federal funding shall not be subject to appeal.
(13) Nothing in this section shall be construed to supersede any function or duty required by federal acts, rules, regulations, or guidelines for the distribution of federal grants.
(14) As a condition of receiving funding pursuant to this section, DVSSPs shall do all of the following:
(A) Provide matching funds or in-kind contributions equivalent to not less than 10 percent of the grant they would receive. The matching funds or in-kind contributions may come from other governmental or private sources.
(B) Ensure that appropriate staff and volunteers having client contact meet the definition of "domestic violence counselor" as specified in subdivision (a) of Section 1037.1 of the Evidence Code. The minimum training specified in paragraph (2) of subdivision (a) of Section 1037.1 of the Evidence Code shall be provided to those staff and volunteers who do not meet the requirements of paragraph (1) of subdivision (a) of Section 1037.1 of the Evidence Code.
(15) The following definitions shall apply for purposes of this subdivision:
(A) "Domestic violence" means the infliction or threat of physical harm against past or present adult or adolescent intimate partners, including physical, sexual, and psychological abuse against the partner, and is a part of a pattern of assaultive, coercive, and controlling behaviors directed at achieving compliance from or control over that person.
(B) "Domestic violence shelter service provider" or "DVSSP" means a victim services provider that operates an established system of services providing safe and confidential emergency housing on a 24-hour basis for victims of domestic violence and their children, including, but not limited to, hotel or motel arrangements, haven, and safe houses.
(C) "Emergency shelter" means a confidential or safe location that provides emergency housing on a 24-hour basis for victims of domestic violence and their children.
(g) The Office of Emergency Services may hire the support staff and utilize all resources necessary to carry out the purposes of this section. The Office of Emergency Services shall not utilize more than 10 percent of funds appropriated for the purpose of the program established by this section for the administration of that program.
(b) There is in the Office of Emergency Services a Comprehensive Statewide Domestic Violence Program. The goals of the program shall be to provide local assistance to existing service providers, to maintain and expand services based on a demonstrated need, and to establish a targeted or directed program for the development and establishment of domestic violence services in currently unserved and underserved areas. The Office of Emergency Services shall provide financial and technical assistance to local domestic violence centers in implementing all of the following services:
(1) Twenty-four-hour crisis hotlines.
(2) Counseling.
(3) Business centers.
(4) Emergency "safe" homes or shelters for victims and families.
(5) Emergency food and clothing.
(6) Emergency response to calls from law enforcement.
(7) Hospital emergency room protocol and assistance.
(8) Emergency transportation.
(9) Supportive peer counseling.
(10) Counseling for children.
(11) Court and social service advocacy.
(12) Legal assistance with temporary restraining orders, devices, and custody disputes.
(13) Community resource and referral.
(14) Household establishment assistance. Priority for financial and technical assistance shall be given to emergency shelter programs and "safe" homes for victims of domestic violence and their children.
(c) Except as provided in subdivision (f), the Office of Emergency Services and the advisory committee established pursuant to Section 13823.16 shall collaboratively administer the Comprehensive Statewide Domestic Violence Program, and shall allocate funds to local centers meeting the criteria for funding. All organizations funded pursuant to this section shall utilize volunteers to the greatest extent possible. The centers may seek, receive, and make use of any funds which may be available from all public and private sources to augment state funds received pursuant to this section. Centers receiving funding shall provide cash or an in-kind match of at least 10 percent of the funds received pursuant to this section.
(d) The Office of Emergency Services shall conduct statewide training workshops on domestic violence for local centers, law enforcement, and other service providers designed to enhance service programs. The workshops shall be planned in conjunction with practitioners and experts in the field of domestic violence prevention. The workshops shall include a curriculum component on lesbian, gay, bisexual, and transgender specific domestic abuse.
(e) The Office of Emergency Services shall develop and disseminate throughout the state information and materials concerning domestic violence. The Office of Emergency Services shall also establish a resource center for the collection, retention, and distribution of educational materials related to domestic violence. The Office of Emergency Services may utilize and contract with existing domestic violence technical assistance centers in this state in complying with the requirements of this subdivision.
(f) The funding process for distributing grant awards to domestic violence shelter service providers (DVSSPs) shall be administered by the Office of Emergency Services as follows:
(1) The Office of Emergency Services shall establish each of the following:
(A) The process and standards for determining whether to grant, renew, or deny funding to any DVSSP applying or reapplying for funding under the terms of the program.
(B) For DVSSPs applying for grants under the request for proposal process described in paragraph (2), a system for grading grant applications in relation to the standards established pursuant to subparagraph (A), and an appeal process for applications that are denied. A description of this grading system and appeal process shall be provided to all DVSSPs as part of the application required under the RFP process.
(C) For DVSSPs reapplying for funding under the request for application process described in paragraph (4), a system for grading the performance of DVSSPs in relation to the standards established pursuant to subparagraph (A), and an appeal process for decisions to deny or reduce funding. A description of this grading system and appeal process shall be provided to all DVSSPs receiving grants under this program.
(2) Grants for shelters that were not funded in the previous cycle shall be awarded as a result of a competitive request for proposal (RFP) process. The RFP process shall comply with all applicable state and federal statutes for domestic violence shelter funding and, to the extent possible, the response to the RFP shall not exceed 25 narrative pages, excluding attachments.
(3) Grants shall be awarded to DVSSPs that propose to maintain shelters or services previously granted funding pursuant to this section, to expand existing services or create new services, or to establish new domestic violence shelters in underserved or unserved areas. Each grant shall be awarded for a three-year term.
(4) DVSSPs reapplying for grants shall not be subject to a competitive grant process, but shall be subject to a request for application (RFA) process. The RFA process shall consist in part of an assessment of the past performance history of the DVSSP in relation to the standards established pursuant to paragraph (1). The RFA process shall comply with all applicable state and federal statutes for domestic violence center funding and, to the extent possible, the response to the RFA shall not exceed 10 narrative pages, excluding attachments.
(5) A DVSSP funded through this program in the previous grant cycle, including a DVSSP funded by Chapter 707 of the Statutes of 2001, shall be funded upon reapplication, unless, pursuant to the assessment required under the RFA process, its past performance history fails to meet the standards established by the Office of Emergency Services pursuant to paragraph (1).
(6) The Office of Emergency Services shall conduct a minimum of one site visit every three years for each DVSSP funded pursuant to this subdivision. The purpose of the site visit shall be to conduct a performance assessment of, and provide subsequent technical assistance for, each shelter visited. The performance assessment shall include, but need not be limited to, a review of all of the following:
(A) Progress in meeting program goals and objectives.
(B) Agency organization and facilities.
(C) Personnel policies, files, and training.
(D) Recordkeeping, budgeting, and expenditures.
(E) Documentation, data collection, and client confidentiality.
(7) After each site visit conducted pursuant to paragraph (6), the Office of Emergency Services shall provide a written report to the DVSSP summarizing the performance of the DVSSP, deficiencies noted, corrective action needed, and a deadline for corrective action to be completed. The Office of Emergency Services shall also develop a corrective action plan for verifying the completion of corrective action required. The Office of Emergency Services shall submit its written report to the DVSSP no more than 60 days after the site visit. No grant under the RFA process shall be denied if the DVSSP has not received a site visit during the previous three years, unless the Office of Emergency Services is aware of criminal violations relative to the administration of grant funding.
(8) If an agency receives funding from both the Comprehensive Statewide Domestic Violence Program in the Office of Emergency Services and the Maternal, Child, and Adolescent Health Division of the State Department of Public Health during any grant cycle, the Comprehensive Statewide Domestic Violence Program and the Maternal, Child, and Adolescent Health Division shall, to the extent feasible, coordinate agency site visits and share performance assessment data with the goal of improving efficiency, eliminating duplication, and reducing administrative costs.
(9) DVSSPs receiving written reports of deficiencies or orders for corrective action after a site visit shall be given no less than six months' time to take corrective action before the deficiencies or failure to correct may be considered in the next RFA process. However, the Office of Emergency Services shall have the discretion to reduce the time to take corrective action in cases where the deficiencies present a significant health or safety risk or when other severe circumstances are found to exist. If corrective action is deemed necessary, and a DVSSP fails to comply, or if other deficiencies exist that, in the judgment of the Office of Emergency Services, cannot be corrected, the Office of Emergency Services shall determine, using its grading system, whether continued funding for the DVSSP should be reduced or denied altogether. If a DVSSP has been determined to be deficient, the Office of Emergency Services may, at any point during the DVSSP's funding cycle following the expiration of the period for corrective action, deny or reduce further funding.
(10) If a DVSSP applies or reapplies for funding pursuant to this section and that funding is denied or reduced, the decision to deny or reduce funding shall be provided in writing to the DVSSP, along with a written explanation of the reasons for the reduction or denial made in accordance with the grading system for the RFP or RFA process. Except as otherwise provided, an appeal of the decision to deny or reduce funding shall be made in accordance with the appeal process established by the Office of Emergency Services. The appeal process shall allow a DVSSP a minimum of 30 days to appeal after a decision to deny or reduce funding. All pending appeals shall be resolved before final funding decisions are reached.
(11) It is the intent of the Legislature that priority for additional funds that become available shall be given to currently funded, new, or previously unfunded DVSSPs for expansion of services. However, the Office of Emergency Services may determine when expansion is needed to accommodate underserved or unserved areas. If supplemental funding is unavailable, the Office of Emergency Services shall have the authority to lower the base level of grants to all currently funded DVSSPs in order to provide funding for currently funded, new, or previously unfunded DVSSPs that will provide services in underserved or unserved areas. However, to the extent reasonable, funding reductions shall be reduced proportionately among all currently funded DVSSPs. After the amount of funding reductions has been determined, DVSSPs that are currently funded and those applying for funding shall be notified of changes in the available level of funding prior to the next application process. Funding reductions made under this paragraph shall not be subject to appeal.
(12) Notwithstanding any other provision of this section, Office of Emergency Services may reduce funding to a DVSSP funded pursuant to this section if federal funding support is reduced. Funding reductions as a result of a reduction in federal funding shall not be subject to appeal.
(13) Nothing in this section shall be construed to supersede any function or duty required by federal acts, rules, regulations, or guidelines for the distribution of federal grants.
(14) As a condition of receiving funding pursuant to this section, DVSSPs shall do all of the following:
(A) Provide matching funds or in-kind contributions equivalent to not less than 10 percent of the grant they would receive. The matching funds or in-kind contributions may come from other governmental or private sources.
(B) Ensure that appropriate staff and volunteers having client contact meet the definition of "domestic violence counselor" as specified in subdivision (a) of Section 1037.1 of the Evidence Code. The minimum training specified in paragraph (2) of subdivision (a) of Section 1037.1 of the Evidence Code shall be provided to those staff and volunteers who do not meet the requirements of paragraph (1) of subdivision (a) of Section 1037.1 of the Evidence Code.
(15) The following definitions shall apply for purposes of this subdivision:
(A) "Domestic violence" means the infliction or threat of physical harm against past or present adult or adolescent intimate partners, including physical, sexual, and psychological abuse against the partner, and is a part of a pattern of assaultive, coercive, and controlling behaviors directed at achieving compliance from or control over that person.
(B) "Domestic violence shelter service provider" or "DVSSP" means a victim services provider that operates an established system of services providing safe and confidential emergency housing on a 24-hour basis for victims of domestic violence and their children, including, but not limited to, hotel or motel arrangements, haven, and safe houses.
(C) "Emergency shelter" means a confidential or safe location that provides emergency housing on a 24-hour basis for victims of domestic violence and their children.
(g) The Office of Emergency Services may hire the support staff and utilize all resources necessary to carry out the purposes of this section. The Office of Emergency Services shall not utilize more than 10 percent of funds appropriated for the purpose of the program established by this section for the administration of that program.
(a) The Comprehensive Statewide Domestic Violence Program
established pursuant to Section 13823.15 shall be collaboratively
administered by the Office of Emergency Services and an advisory
council. The membership of the Office of Emergency Services Domestic
Violence Advisory Council shall consist of experts in the provision
of either direct or intervention services to victims of domestic
violence and their children, within the scope and intention of the
Comprehensive Statewide Domestic Violence Assistance Program.
(b) The membership of the council shall consist of domestic violence victims' advocates, battered women service providers, at least one representative of service providers serving the lesbian, gay, bisexual, and transgender community in connection with domestic violence, and representatives of women's organizations, law enforcement, and other groups involved with domestic violence. At least one-half of the council membership shall consist of domestic violence victims' advocates or battered women service providers. It is the intent of the Legislature that the council membership reflect the ethnic, racial, cultural, and geographic diversity of the state, including people with disabilities. The council shall be composed of no more than 13 voting members and two nonvoting ex officio members who shall be appointed, as follows:
(1) Seven voting members shall be appointed by the Governor, including at least one person recommended by the federally recognized state domestic violence coalition.
(2) Three voting members shall be appointed by the Speaker of the Assembly.
(3) Three voting members shall be appointed by the Senate Committee on Rules.
(4) Two nonvoting ex officio members shall be Members of the Legislature, one appointed by the Speaker of the Assembly and one appointed by the Senate Committee on Rules. Any Member of the Legislature appointed to the council shall meet with the council and participate in its activities to the extent that participation is not incompatible with his or her position as a Member of the Legislature.
(c) The Office of Emergency Services shall collaborate closely with the council in developing funding priorities, framing the request for proposals, and soliciting proposals.
(b) The membership of the council shall consist of domestic violence victims' advocates, battered women service providers, at least one representative of service providers serving the lesbian, gay, bisexual, and transgender community in connection with domestic violence, and representatives of women's organizations, law enforcement, and other groups involved with domestic violence. At least one-half of the council membership shall consist of domestic violence victims' advocates or battered women service providers. It is the intent of the Legislature that the council membership reflect the ethnic, racial, cultural, and geographic diversity of the state, including people with disabilities. The council shall be composed of no more than 13 voting members and two nonvoting ex officio members who shall be appointed, as follows:
(1) Seven voting members shall be appointed by the Governor, including at least one person recommended by the federally recognized state domestic violence coalition.
(2) Three voting members shall be appointed by the Speaker of the Assembly.
(3) Three voting members shall be appointed by the Senate Committee on Rules.
(4) Two nonvoting ex officio members shall be Members of the Legislature, one appointed by the Speaker of the Assembly and one appointed by the Senate Committee on Rules. Any Member of the Legislature appointed to the council shall meet with the council and participate in its activities to the extent that participation is not incompatible with his or her position as a Member of the Legislature.
(c) The Office of Emergency Services shall collaborate closely with the council in developing funding priorities, framing the request for proposals, and soliciting proposals.
(a) The Legislature finds the problem of domestic
violence in the gay, lesbian, bisexual, and transgender community to
be of serious and increasing magnitude. The Legislature also finds
that existing domestic violence services for this population are
underfunded and that members of this population are unserved or
underserved in the state. Therefore, it is the intent of the
Legislature that a goal of the Office of Emergency Services shall be
to increase access to domestic violence education, prevention, and
services specifically for the gay, lesbian, bisexual, and transgender
community.
(b) The goal of this section is to establish a targeted or directed grant program for the development and support of domestic violence programs and services for the gay, lesbian, bisexual, and transgender community. The Office of Emergency Services shall use funds from the Equality in Prevention and Services for Domestic Abuse Fund to award grants annually to qualifying organizations, with at least one in southern California and one in northern California, to fund domestic violence programs and services that are specific to the lesbian, gay, bisexual, and transgender community, including, but not limited to, any of the following:
(1) Counseling.
(2) Legal assistance with temporary restraining orders, devices, and custody disputes.
(3) Court and social service advocacy.
(4) Batterers intervention.
(5) Educational workshops and publications.
(6) Community resource and referral.
(7) Emergency housing.
(8) Hotline or warmline.
(9) Household establishment assistance.
(c) Each grant shall be awarded for a three-year term, as funds are available, for the purposes of this section.
(d) In order to be eligible to receive funds under this section, qualified organizations shall provide matching funds of at least 10 percent of the funds to be received under the section unless this requirement is waived by the Director of Emergency Services, at his or her discretion.
(e) As a condition of receiving funding pursuant to this section, grant recipients shall ensure that appropriate staff and volunteers having client contact meet the definition of "domestic violence counselor," as specified in subdivision (a) of Section 1037.1 of the Evidence Code. The minimum training specified in paragraph (2) of subdivision (a) of Section 1037.1 of the Evidence Code shall be provided to those staff and volunteers who do not meet the requirements of paragraph (1) of subdivision (a) of Section 1037.1 of the Evidence Code.
(f) In order to qualify for a grant award under this section, the recipient shall be a California nonprofit organization with a demonstrated history of working in the area of domestic violence intervention, education, and prevention and serving the lesbian, gay, bisexual, and transgender community.
(g) The funding process for distributing grant awards to qualifying organizations shall be administered by the Office of Emergency Services as follows:
(1) Grant funds shall be awarded to qualifying organizations as a result of a competitive request for proposal (RFP) process. The RFP process shall comply with all applicable state and federal statutes and to the extent possible, the response to the RFP shall not exceed 15 narrative pages, excluding attachments.
(2) The following criteria shall be used to evaluate grant proposals:
(A) Whether the proposed program or services would further the purpose of promoting healthy, nonviolent relationships in the lesbian, gay, bisexual, and transgender community.
(B) Whether the proposed program or services would reach a significant number of people in, and have the support of, the lesbian, gay, bisexual, and transgender community.
(C) Whether the proposed program or services are grounded in a firm understanding of lesbian, gay, bisexual, and transgender domestic violence and represent an innovative approach to addressing the issue.
(D) Whether the proposed program or services would reach unique and underserved sectors of the lesbian, gay, bisexual, and transgender community, such as youth, people of color, immigrants, and transgender persons.
(3) Grant funds shall not be used to support any of the following:
(A) Scholarships.
(B) Awards to individuals.
(C) Out-of-state travel.
(D) Projects that are substantially completed before the anticipated date of the grant award.
(E) Fundraising activities.
(h) Grant recipients may seek, receive, and make use of any funds that may be available from all public and private sources to augment any funds received pursuant to this section.
(i) The Office of Emergency Services may adopt rules as necessary to implement the grant program created under this section.
(j) The Office of Emergency Services may hire the support staff and utilize all resources necessary to carry out the purposes of this section.
(k) The Office of Emergency Services shall consult with the State Department of Public Health to consider the consolidation of their respective domestic violence programs and report conclusions to the Legislature no later than June 30, 2011.
(l) For purposes of this section, "domestic violence" means the infliction or threat of physical harm against past or present adult or adolescent intimate partners, including physical, sexual, and psychological abuse against the person, and is a part of a pattern of assaultive, coercive, and controlling behavior directed at achieving compliance from or control over that person.
(b) The goal of this section is to establish a targeted or directed grant program for the development and support of domestic violence programs and services for the gay, lesbian, bisexual, and transgender community. The Office of Emergency Services shall use funds from the Equality in Prevention and Services for Domestic Abuse Fund to award grants annually to qualifying organizations, with at least one in southern California and one in northern California, to fund domestic violence programs and services that are specific to the lesbian, gay, bisexual, and transgender community, including, but not limited to, any of the following:
(1) Counseling.
(2) Legal assistance with temporary restraining orders, devices, and custody disputes.
(3) Court and social service advocacy.
(4) Batterers intervention.
(5) Educational workshops and publications.
(6) Community resource and referral.
(7) Emergency housing.
(8) Hotline or warmline.
(9) Household establishment assistance.
(c) Each grant shall be awarded for a three-year term, as funds are available, for the purposes of this section.
(d) In order to be eligible to receive funds under this section, qualified organizations shall provide matching funds of at least 10 percent of the funds to be received under the section unless this requirement is waived by the Director of Emergency Services, at his or her discretion.
(e) As a condition of receiving funding pursuant to this section, grant recipients shall ensure that appropriate staff and volunteers having client contact meet the definition of "domestic violence counselor," as specified in subdivision (a) of Section 1037.1 of the Evidence Code. The minimum training specified in paragraph (2) of subdivision (a) of Section 1037.1 of the Evidence Code shall be provided to those staff and volunteers who do not meet the requirements of paragraph (1) of subdivision (a) of Section 1037.1 of the Evidence Code.
(f) In order to qualify for a grant award under this section, the recipient shall be a California nonprofit organization with a demonstrated history of working in the area of domestic violence intervention, education, and prevention and serving the lesbian, gay, bisexual, and transgender community.
(g) The funding process for distributing grant awards to qualifying organizations shall be administered by the Office of Emergency Services as follows:
(1) Grant funds shall be awarded to qualifying organizations as a result of a competitive request for proposal (RFP) process. The RFP process shall comply with all applicable state and federal statutes and to the extent possible, the response to the RFP shall not exceed 15 narrative pages, excluding attachments.
(2) The following criteria shall be used to evaluate grant proposals:
(A) Whether the proposed program or services would further the purpose of promoting healthy, nonviolent relationships in the lesbian, gay, bisexual, and transgender community.
(B) Whether the proposed program or services would reach a significant number of people in, and have the support of, the lesbian, gay, bisexual, and transgender community.
(C) Whether the proposed program or services are grounded in a firm understanding of lesbian, gay, bisexual, and transgender domestic violence and represent an innovative approach to addressing the issue.
(D) Whether the proposed program or services would reach unique and underserved sectors of the lesbian, gay, bisexual, and transgender community, such as youth, people of color, immigrants, and transgender persons.
(3) Grant funds shall not be used to support any of the following:
(A) Scholarships.
(B) Awards to individuals.
(C) Out-of-state travel.
(D) Projects that are substantially completed before the anticipated date of the grant award.
(E) Fundraising activities.
(h) Grant recipients may seek, receive, and make use of any funds that may be available from all public and private sources to augment any funds received pursuant to this section.
(i) The Office of Emergency Services may adopt rules as necessary to implement the grant program created under this section.
(j) The Office of Emergency Services may hire the support staff and utilize all resources necessary to carry out the purposes of this section.
(k) The Office of Emergency Services shall consult with the State Department of Public Health to consider the consolidation of their respective domestic violence programs and report conclusions to the Legislature no later than June 30, 2011.
(l) For purposes of this section, "domestic violence" means the infliction or threat of physical harm against past or present adult or adolescent intimate partners, including physical, sexual, and psychological abuse against the person, and is a part of a pattern of assaultive, coercive, and controlling behavior directed at achieving compliance from or control over that person.
A brief description of all projects eligible for a
commitment of council funds shall be made available to the public
through a publication of the council having statewide circulation at
least 30 days in advance of the meeting at which funds for such
project can be committed by vote of the council.
The State Graffiti Clearinghouse is hereby created in the
Office of Emergency Services. The State Graffiti Clearinghouse shall
do all of the following, subject to federal funding:
(a) Assess and estimate the present costs to state and local agencies for graffiti abatement.
(b) Award grants to state and local agencies that have demonstrated implementation of effective graffiti reduction and abatement programs.
(c) Receive and disburse funds to effectuate the purposes of the clearinghouse.
(a) Assess and estimate the present costs to state and local agencies for graffiti abatement.
(b) Award grants to state and local agencies that have demonstrated implementation of effective graffiti reduction and abatement programs.
(c) Receive and disburse funds to effectuate the purposes of the clearinghouse.
