18290-18309.8
WELFARE AND INSTITUTIONS CODE
SECTION 18290-18309.8
18290. The Legislature hereby finds and declares that there is a
present and growing need to develop innovative strategies and
services to ameliorate and reduce the trauma of domestic violence.
There are hundreds of thousands of persons in California who are
regularly abused. In many cases, the acts of domestic violence lead
to the death of one of the involved parties. Victims of domestic
violence come from all socioeconomic classes and ethnic groups,
though it is the poor who suffer most from domestic violence, since
they have no immediate access to private counseling and shelter for
themselves and their children. Children, even when they are not
physically assaulted, very often suffer deep and lasting emotional
effects.
The Legislature further finds and declares that there is a high
incidence of death and injury sustained by law enforcement officers
in the handling of domestic disturbances. Police arrests for domestic
violence are low, and victims are reluctant to press charges or make
citizen's arrests. Furthermore, instances of domestic violence are
considered to be the single most unreported crime in the state.
It is the intent of the Legislature to begin to explore and
determine ways of achieving reductions in serious and fatal injuries
to the victims of domestic violence and begin to clarify the
problems, causes, and cures of domestic violence. In order to achieve
these results, it is the intent of the Legislature that the state
shall support projects in several areas throughout the state for the
purpose of aiding victims of domestic violence by providing them a
place to escape the destructive environment in an undisclosed and
secured location, on a 24-hour basis, where staff meet the
requirements set forth in Section 1037.1 of the Evidence Code.
It is further the intent of the Legislature to resolve conflicting
interpretations as to whether county boards of supervisors have
discretionary authority to fund nonshelter-based county domestic
violence programs that lack any emergency or transitional shelter
component, by restricting funding under this chapter to shelter-based
domestic violence programs, as described in Sections 18294 and
18295. These clarifying and conforming changes are intended to be
declaratory of existing law.
18291. For purposes of this chapter:
(a) "Domestic violence" means abuse committed against an adult or
a minor who is a spouse, former spouse, cohabitant, former
cohabitant, or person with whom the suspect has had a child or is
having or has had a dating or engagement relationship.
(b) "Cohabitant" means two unrelated adult persons living together
for a substantial period of time, resulting in some permanency of
relationship. Factors that may determine whether persons are
cohabiting include, but are not limited to, all of the following:
(1) Sexual relations between the parties while sharing the same
living quarters.
(2) Sharing of income or expenses.
(3) Joint use or ownership of property.
(4) Whether the parties hold themselves out as husband and wife.
(5) The continuity of the relationship.
(6) The length of the relationship.
(c) "Domestic violence shelter" means a shelter for domestic
violence victims that meets all of the following requirements:
(1) Provides shelter in an undisclosed and secured location.
(2) Provides staff that meet the requirements set forth in Section
1037.1 of the Evidence Code.
(3) Meets the requirements set forth in Section 18294.
(d) "Undisclosed" means a location that is not advertised or
publicized.
18293. (a) In order to be eligible for funding pursuant to this
chapter, a domestic violence shelter-based program shall demonstrate
its ability to receive and make use of any funds available from
governmental, voluntary, philanthropic, or other sources that may be
used to augment any state or county funds appropriated for the
purposes of this chapter. Each domestic violence shelter-based
program shall make every attempt to qualify the domestic violence
shelter-based program for any available federal funding.
(b) No provision of this section is intended to prohibit domestic
violence shelter-based programs receiving funds pursuant to this
chapter from receiving additional funds from any other public or
private source. Funds provided pursuant to this chapter shall not be
used to reduce the financial support from other public or private
sources.
(c) Proposed or existing domestic violence shelter-based programs
that meet the requirements set forth in Section 18294, shall receive
funding pursuant to this chapter upon the approval of the local board
of supervisors.
(d) Funding shall be given to agencies and organizations whose
primary function is to administer domestic violence shelter-based
programs. Any additional fees received by Alameda County, Contra
Costa County, Solano County, and the City of Berkeley at the time of
issuance of a marriage license pursuant to Sections 18308, 18309, and
18309.5, that are in excess of the twenty-three dollar ($23) fee
collected pursuant to this act, shall be available to that city or
county for funding domestic violence programs other than domestic
violence shelter-based programs.
(e) Prior to approving a domestic violence shelter-based program
or programs for this funding, the board shall consult with
individuals and groups that have expertise in the problems of
domestic violence and in the operation of domestic violence
shelter-based programs including operations of existing domestic
violence shelter-based programs.
(f) Upon approving one or more domestic violence shelter-based
programs for funding, the board shall direct the county treasurer to
disburse moneys from the county's domestic violence shelter-based
program special fund and for funding, the board shall designate a
local agency to monitor the domestic violence shelter-based program
or programs. This monitoring shall include information regarding the
number of persons requesting services, the number of persons
receiving services according to the type of services provided, and
the need, if any, for additional services or staffing.
(g) Programs that receive funding through this chapter shall, to
the extent feasible, provide services to persons with a physical
disability who are victims of domestic violence. If the program
cannot provide the services, then the program's staff, to the extent
feasible, shall assist in referring the person with a physical
disability to other programs and services in the community where
assistance may be obtained.
(h) The process to determine eligibility of a domestic violence
shelter-based program to receive funding pursuant to this chapter
shall have as its primary purpose to ascertain that the program meets
the service requirements of Section 18294. The process shall be
expedient and shall include a mechanism for annual recertification.
(i) Funding obtained pursuant to this chapter is for the
unrestricted use of a recipient domestic violence shelter-based
program, and may be used for direct and indirect costs.
18294. Domestic violence shelter-based programs shall provide all
of the following basic services to victims of domestic violence and
their children:
(a) Shelter on a 24 hours a day, seven days a week basis.
(b) A 24 hours a day, seven days a week telephone hotline for
crisis calls.
(c) Temporary housing and food facilities.
(d) Psychological support and peer counseling provided in
accordance with Section 1037.1 of the Evidence Code.
(e) Referrals to existing services in the community.
(f) A drop-in center that operates during normal business hours to
assist victims of domestic violence who have a need for support
services.
(g) Arrangements for schoolage children to continue their
education during their stay at the domestic violence shelter-based
program.
(h) Emergency transportation as feasible.
18295. In addition to the services required in Section 18294, to
the extent possible, and in conjunction with already existing
community services, the domestic violence shelter-based programs
shall provide a method of obtaining the following services for the
victims of domestic violence:
(a) Medical care.
(b) Legal assistance.
(c) Psychological support and counseling.
(d) Information regarding other available social services.
18296. The staff of the domestic violence shelter-based program
shall work with social service agencies, schools, and law enforcement
agencies in an advocacy capacity for those served by the domestic
violence shelter-based programs.
18297. The staff of each domestic violence shelter-based program
shall attempt to achieve community support and acceptance of the
program by advocating the program to community representatives and
groups within the community.
Volunteers shall be trained and used to maximum capacity in the
delivery of services. Staff and volunteers shall meet the training
requirements set forth in Section 1037.1 of the Evidence Code.
18298. Inasmuch as domestic violence shelter-based programs are to
serve a variety of cultural backgrounds, to the extent feasible, a
portion of the domestic violence shelter-based program's personnel
shall be bilingual. An effort shall be made to recruit formerly
battered persons as staff members.
18299. A domestic violence shelter-based program shall maintain
annual fiscal reports in a form to be prescribed by the Generally
Accepted Accounting Principles (GAAP).
18300. An annual report shall be prepared by each domestic violence
shelter-based program for submission to the county board of
supervisors. The report shall be made available to the public upon
request, and shall include all of the following elements:
(a) The total number of persons requesting services of the
domestic violence shelter-based programs.
(b) The number of persons served in the domestic violence
shelter-based program, by each type of service provided.
(c) A description of the social and economic characteristics of
persons receiving services, by type of service provided.
18301. In addition to any other provisions of law concerning the
confidentiality of personal information collected by domestic
violence shelters, a county shall not require a domestic violence
shelter-based program to provide any information not enumerated in
Section 18300, or require the disclosure of any information
pertaining to the confidential location of a domestic violence
shelter-based program or the location or identity of any shelter
resident, employee, or volunteer. A county shall not require a method
of data collection or recording, or impose any other requirement,
that is inconsistent with the federal Violence Against Women Act (18
U.S.C. Sec. 2261 et seq.).
18304. A county may establish a program for reducing the incidence
of domestic violence in the county by establishing or funding
domestic violence shelter-based programs that meet the requirements
of this chapter. Geographically adjacent counties may combine their
respective domestic violence shelter-based programs special funds in
order to establish one or more domestic violence shelter-based
programs meeting the requirements of this chapter, in order to
provide services to the clients of each county that combines its
funds with another county.
18305. (a) At the time of issuance of a marriage license pursuant
to Section 26840 of the Government Code, twenty-three dollars ($23)
of each fee paid shall be collected by the county clerk for deposit
into the county domestic violence shelter-based programs special
fund. The fees collected in this special fund shall be disbursed to
approved domestic violence shelter-based programs on a yearly or more
frequent basis commencing July 1, 1980. The funds shall be disbursed
using a request for qualification (RFQ) process.
(b) The board of supervisors shall direct the county clerk to
deposit twenty-three dollars ($23) of each fee into the county
domestic violence shelter-based programs special fund. The county
domestic violence shelter-based programs special fund shall fund
domestic violence shelter-based programs established pursuant to
Section 18304. Four dollars ($4) of each twenty-three dollars ($23)
deposited into the county domestic violence shelter-based programs
special fund shall be used, to the extent feasible, to support or
expand domestic violence shelter-based programs to target underserved
areas and populations. No more than 8 percent of the funds shall be
expended for the administrative costs associated with the collection
and segregation of the additional marriage license fees,
administration of the county domestic violence shelter-based programs
special fund, monitoring of the domestic violence shelter-based
programs, and meeting the other administrative requirements imposed
by this chapter. Counties that do not participate in the establishing
or funding of domestic violence shelter-based programs pursuant to
this chapter shall be entitled to retain up to 4 percent of the funds
for the administrative costs associated with the collection and
segregation of the additional marriage license fees and the deposit
of these fees in the county domestic violence shelter-based programs
special fund.
18305.5. Notwithstanding the availability of funds in either the
county domestic violence programs special fund, or the availability
of community resources, the county may finance domestic violence
shelter-based programs as described in Sections 18294 and 18295.
18306. The county board of supervisors shall consult with the local
regional domestic violence coalition, consisting of representatives
from existing domestic violence shelter-based programs, in planning
for the establishment of a new domestic violence shelter-based
program or for ongoing technical assistance for domestic violence
shelter-based programs already in the county.
18307. (a) Notwithstanding Section 18305, a county may carry over
funds deposited in a county domestic violence shelter-based programs
special fund until the time that a domestic violence shelter-based
program is established to serve the needs of domestic violence
victims of the county. Records of these funds shall be available for
public review upon request.
(b) Funds deposited in a county domestic violence shelter-based
programs special fund may be used only to finance all, or one or
more, basic services specified in Section 18294. This subdivision is
declaratory of existing law. These funds shall be used for shelter
services, and may be used for direct or indirect costs.
18308. The Contra Costa County Board of Supervisors shall direct
the local registrar, county recorder, and county clerk to deposit
fees collected pursuant to Section 103626 of the Health and Safety
Code into a special fund. The county may retain up to 4 percent of
the fund for administrative costs associated with the collection and
segregation of the additional fees and the deposit of these fees into
the special fund. Proceeds from the fund shall be used for
governmental oversight and coordination of domestic violence and
family violence prevention, intervention, and prosecution efforts
among the court system, the district attorney's office, the public
defender's office, law enforcement, the probation department, mental
health, substance abuse, child welfare services, adult protective
services, and community-based organizations and other agencies
working in Contra Costa County in order to increase the effectiveness
of prevention, early intervention, and prosecution of domestic and
family violence.
18309. (a) The Alameda County Board of Supervisors shall direct
the local registrar, county recorder, and county clerk to deposit
fees collected pursuant to Section 26840.10 of the Government Code
and Section 103627 of the Health and Safety Code into a special fund.
The county may retain up to 4 percent of the fund for administrative
costs associated with the collection and segregation of the
additional fees and the deposit of these fees into the special fund.
Proceeds from the fund shall be used for governmental oversight and
coordination of domestic violence and family violence prevention,
intervention, and prosecution efforts among the court system, the
district attorney's office, the public defender's office, law
enforcement, the probation department, mental health, substance
abuse, child welfare services, adult protective services, and
community-based organizations and other agencies working in Alameda
County in order to increase the effectiveness of prevention, early
intervention, and prosecution of domestic and family violence.
(b) The City Council of the City of Berkeley shall direct the
local registrar to deposit fees collected pursuant to Section 103627
of the Health and Safety Code into a special fund. The city may
retain up to 4 percent of the fund for administrative costs
associated with the collection and segregation of the additional fees
and the deposit of these fees into the special fund. Proceeds from
the fund shall be used for governmental oversight and coordination of
domestic violence and family violence prevention and intervention
efforts, including law enforcement, mental health, public health,
substance abuse, victim advocacy, community education, and housing,
in order to increase the effectiveness of prevention, early
intervention, and prosecution of domestic and family violence.
18309.5. (a) The Solano County Board of Supervisors shall direct
the local registrar, county recorder, and county clerk to deposit
fees collected pursuant to Section 26840.11 of the Government Code
and Section 103628 of the Health and Safety Code into a special fund.
The county may retain up to 4 percent of the fund for
administrative costs associated with the collection and segregation
of the additional fees and the deposit of these fees into the special
fund. Proceeds from the fund shall be used for governmental
oversight and coordination of domestic violence and family violence
prevention, intervention, and prosecution efforts among the court
system, the district attorney's office, the public defender's office,
law enforcement, the probation department, mental health, substance
abuse, child welfare services, adult protective services, and
community-based organizations and other agencies working in Solano
County in order to increase the effectiveness of prevention, early
intervention, and prosecution of domestic and family violence.
(b) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
18309.6. (a) The Sonoma County Board of Supervisors shall direct
the local registrar, county recorder, and county clerk to deposit
fees collected pursuant to Section 26840.12 of the Government Code
and Section 103628.2 of the Health and Safety Code into a special
fund.
The county may retain up to 4 percent of the fund for
administrative costs associated with the collection and segregation
of the additional fees and the deposit of these fees into the special
fund. Proceeds from the fund shall be used for governmental
oversight and coordination of domestic violence and family violence
prevention, intervention, and prosecution efforts among the court
system, the district attorney's office, the public defender's office,
law enforcement, the probation department, mental health, substance
abuse, child welfare services, adult protective services, and
community-based organizations and other agencies working in Sonoma
County in order to increase the effectiveness of prevention, early
intervention, and prosecution of domestic and family violence.
(b) 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.
18309.8. (a) The Stanislaus County Board of Supervisors shall
direct the local registrar, county recorder, and county clerk to
deposit fees collected pursuant to Section 103628.6 of the Health and
Safety Code into a special fund. Proceeds from the fund shall be
used for governmental oversight and coordination of domestic violence
and family violence prevention, intervention, and prosecution
efforts among the court system, the district attorney's office, the
public defender's office, law enforcement, the probation department,
mental health, substance abuse, child welfare services, adult
protective services, and community-based organizations and other
agencies working in Stanislaus County in order to increase the
effectiveness of prevention, early intervention, and prosecution of
domestic and family violence.
(b) The county may retain up to 4 percent of the fund for
administrative costs associated with the collection and segregation
of the additional fees and the deposit of these fees into the special
fund.
(c) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.