SECTIONS 13820-13825 - California Statutes

PENAL CODE

SECTION 13820-13825

13820. (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 agency.
(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 agency. Any reference to the
executive director of the Office of Criminal Justice Planning in this
code shall be construed to mean the secretary.

13821. (a) Of the amount deposited in the Local Safety and
Protection Account in the Transportation Fund authorized by Section
10752.2 of the Revenue and Taxation Code, the Controller shall
allocate 12.68 percent in the 2008-09 fiscal year and 11.42 percent
in the 2009-10 fiscal year, and each fiscal year thereafter, to the
California Emergency Management Agency. The Controller shall allocate
these funds on a quarterly basis beginning April 1, 2009.
(b) These funds shall be allocated by the California Emergency
Management Agency according to the agency's existing programmatic
guidelines and consistent with the programs approved in the Budget
Act of 2008. Of the amount allocated pursuant to subdivision (a), the
California Emergency Management Agency shall distribute these funds
according to the following percentages:
(1) The California Multi-Jurisdictional Methamphetamine
Enforcement Teams shall receive 33.95 percent in the 2008-09 fiscal
year and each fiscal year thereafter.
(2) The Multi-Agency Gang Enforcement Consortium shall receive
0.15 percent in the 2008-09 fiscal year, and each fiscal year
thereafter.
(3) The CALGANG program administered by the Department of Justice
shall receive 0.47 percent in the 2008-09 fiscal year, and each
fiscal year thereafter.
(4) The Evidentiary Medical Training Program shall receive 1.02
percent in the 2008-09 fiscal year and each fiscal year thereafter.
(5) The Public Prosecutors and Public Defenders Legal Training
program shall receive 0.01 percent in the 2008-09 fiscal year and
each fiscal year thereafter.
(6) The Sexual Assault Felony Enforcement Teams, authorized by
Section 13887, shall receive 8.93 percent in the 2008-09 fiscal year
and each fiscal year thereafter.
(7) The Vertical Prosecution Block Grant Program shall receive
25.35 percent in the 2008-09 fiscal year and each fiscal year
thereafter.
(8) The High Technology Theft Apprehension and Prosecution
Program, authorized by Section 13848.2, shall receive 20.84 percent
in the 2008-09 fiscal year, and each fiscal year thereafter.
(9) The Gang Violence Suppression Program authorized by Section
13826.1, shall receive 2.8 percent in the 2008-09 fiscal year and
each fiscal year thereafter.
(10) The Central Valley and Central Coast Rural Crime Prevention
Programs, authorized by Sections 14170 and 14180, shall receive 6.49
percent in the 2008-09 fiscal year and each fiscal year thereafter.
(c) Beginning in the 2009-10 fiscal year and each fiscal year
thereafter, the California Emergency Management Agency may retain up
to 3 percent of the funds allocated in subdivision (a) for program
administrative costs.

13823. (a) In cooperation with local boards, the agency shall:
(1) Develop with the advice and approval of the council, the
comprehensive statewide plan for the improvement of criminal justice
and delinquency prevention activity throughout the state.
(2) Define, develop, and correlate programs and projects for the
state criminal justice agencies.
(3) Receive and disburse federal funds, perform all necessary and
appropriate staff services required by the council, and otherwise
assist the council in the performance of its duties as established by
federal acts.
(4) Develop comprehensive, unified, and orderly procedures to
ensure that all local plans and all state and local projects are in
accord with the comprehensive state plan, and that all applications
for grants are processed efficiently.
(5) Cooperate with and render technical assistance to the
Legislature, state agencies, units of general local government,
combinations of those units, or other public or private agencies,
organizations, or institutions in matters relating to criminal
justice and delinquency prevention.
(6) Conduct evaluation studies of the programs and activities
assisted by the federal acts.
(b) The agency may:
(1) Collect, evaluate, publish, and disseminate statistics and
other information on the condition and progress of criminal justice
in the state.
(2) Perform other functions and duties as required by federal
acts, rules, regulations, or guidelines in acting as the
administrative office of the state planning agency for distribution
of federal grants.

13823.2. (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 agency shall include, consistent with available resources,
specialized components that respond to the diverse needs of elderly
citizens residing in the state.

13823.3. The agency may expend funds for local domestic violence
programs, subject to the availability of funds therefor.

13823.4. (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 agency, 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 secretary shall allocate funds to local centers meeting
the criteria for funding that shall be established by the agency 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 agency 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 agency 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 agency shall also establish a resource center for the
collection, retention, and distribution of educational materials
related to family violence and its prevention.

13823.5. (a) The agency, 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 agency 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
agency 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 agency, in cooperation with the State Department of Health
Services 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 agency 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 agency 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.

13823.6. The agency 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.

13823.7. The protocol adopted pursuant to Section 13823.5 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 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.

13823.9. (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 agency 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 agency 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.

13823.93. (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.

13823.95. No costs incurred by a qualified health care
professional, hospital, or other emergency medical facility for 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, for the
purposes of gathering evidence for possible prosecution, shall be
charged directly or indirectly to the victim of the assault. Those
costs shall be treated as local costs and charged to the local
governmental agency in whose jurisdiction the alleged offense was
committed.
Bills for these costs shall be submitted to the law enforcement
agency in the jurisdiction in which the alleged offense was committed
which requests the examination.
The law enforcement agency in the jurisdiction in which the
alleged offense was committed which requests the examination has the
option of determining whether or not the examination will be
performed in the office of a physician and surgeon.

13823.11. 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.

13823.12. Failure to comply fully with Section 13823.11 or with the
protocol or guidelines, or to utilize the form established by the
agency, 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.

13823.13. (a) The agency 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 agency shall consult with health care
professionals and appropriate law enforcement agencies. The agency
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.
(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.
(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.

13823.15. (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 California Emergency Management Agency (Cal EMA) shall be to
ensure that all victims of domestic violence served by the Cal EMA
Comprehensive Statewide Domestic Violence Program receive
comprehensive, quality services.
(b) There is in the Cal EMA 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
Cal EMA 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 Cal EMA 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 Cal EMA 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 Cal EMA shall develop and disseminate throughout the state
information and materials concerning domestic violence. The Cal EMA
shall also establish a resource center for the collection, retention,
and distribution of educational materials related to domestic
violence. The Cal EMA 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 Cal EMA as follows:
(1) The Cal EMA 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 Cal EMA
pursuant to paragraph (1).
(6) The Cal EMA 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
Cal EMA 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 Cal
EMA shall also develop a corrective action plan for verifying the
completion of corrective action required. The Cal EMA 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 Cal EMA 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 California Emergency
Management Agency 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 Cal EMA 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 Cal EMA, cannot be corrected, the Cal EMA 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 Cal EMA 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 Cal EMA. 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 Cal EMA may determine when expansion is needed to
accommodate underserved or unserved areas. If supplemental funding is
unavailable, the Cal EMA 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, Cal EMA
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 Cal EMA may hire the support staff and utilize all
resources necessary to carry out the purposes of this section. The
Cal EMA 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.

13823.16. (a) The Comprehensive Statewide Domestic Violence Program
established pursuant to Section 13823.15 shall be collaboratively
administered by the California Emergency Management Agency (Cal EMA)
and an advisory council. The membership of the (Cal EMA) 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 Cal EMA shall collaborate closely with the council in
developing funding priorities, framing the request for proposals, and
soliciting proposals.
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.

13823.17. (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 California Emergency Management Agency
(Cal EMA) 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 Cal EMA 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 Secretary of Cal EMA, 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 Cal EMA 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 Cal EMA may adopt rules as necessary to implement the
grant program created under this section.
(j) The Cal EMA may hire the support staff and utilize all
resources necessary to carry out the purposes of this section.
(k) The Cal EMA 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.

13824. 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.

13825. The State Graffiti Clearinghouse is hereby created in the
agency. 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.