2005 California Welfare and Institutions Code Sections 18290-18309.5 CHAPTER 5. THE DOMESTIC VIOLENCE CENTERS ACT

18290.  The Legislature hereby finds and declares that there is a
present and growing need to develop innovative strategies and
services which will ameliorate and reduce the trauma of domestic
violence.  There are hundreds of thousands of persons in this state
who are regularly beaten.  In many such 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 marital 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, and it is most often the children of those parents who
commit domestic violence that continue the cycle and abuse their
spouses.
   The Legislature further finds and declares that there is a high
incidence of deaths and injuries 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 citizens arrests.  Furthermore, instances of domestic
violence are considered to be the single most unreported crime in
the state.
   It is the intention 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 intention 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.
18291.  Definitions.
   (a) "Domestic violence" means abuse perpetrated by and committed
against a family or household member.
   (b) "Family or household member" means spouse, former spouse, or
any other adult person who regularly resides in the household and has
sexual relations with another family or household member residing in
the household, or who within the last six months regularly resided
in the household during which time he or she had sexual relations
with another family or household member presently residing in the
household.
18293.  In order to be eligible for funding pursuant to this
chapter, the programs shall demonstrate their ability to receive and
make use of any funds available from governmental, voluntary,
philanthropic, or other sources which may be used to augment any
state or county funds appropriated for the purposes of this chapter.
Each program shall make every attempt to qualify the program for any
available federal funding.
   No provision of this section is intended to prohibit 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.
   Proposed or existing programs which meet the requirements set
forth in Section 18294, shall receive funding pursuant to this
chapter upon the approval of the local board of supervisors.
Priority for funding shall be given to agencies and organizations
whose primary function is to administer domestic violence programs.
Prior to approving a program or programs for such funding, the board
shall consult with individuals and groups which have expertise in the
problems of domestic violence and in the operation of domestic
violence programs including operations of existing domestic violence
programs.  Upon  approving one or more programs for funding, the
board shall direct the county treasurer to disburse moneys from the
county's domestic violence program special fund and for funding, the
board shall designate a local agency to monitor the  program or
programs.  Such 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.
   Programs which receive funding from the provisions of this chapter
shall, to the extent feasible, provide services to physically
handicapped 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 handicapped person to other
programs and services in the community where assistance may be
obtained.
18294.  Such programs shall be designed to provide 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 switchboard for crisis
calls.
   (c) Temporary housing and food facilities.
   (d) Psychological support and peer counseling.
   (e) Referrals to existing services in the community and followup
on the outcome of the referrals.
   (f) A drop-in center to assist victims of domestic violence who
have not yet made the decision to leave their homes, or who have
found other shelter but who have a need for support services.
   (g) Arrangements for school age children to continue their
education during their stay at the center.
   (h) Emergency transportation to the shelter, and when appropriate,
arrangements with local law enforcement for assistance in providing
such transportation.
18295.  In addition to the services required in Section 18294, to
the extent possible, and in conjunction with already existing
community services, the centers 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 reeducation, marriage and family
counseling, job counseling and training programs, housing referrals
and other available social services.
18296.  The staff of the programs shall work with social service
agencies, schools, and law enforcement agencies in an advocacy
capacity for those served by the programs.
18297.  The staff of each 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.
18298.  Inasmuch as the programs are to serve a variety of cultural
backgrounds, to the extent feasible, a portion of the program's
personnel shall be bilingual.  An effort shall be made to recruit
formerly battered spouses as staff members.
18299.  The centers shall maintain annual fiscal reports in a form
to be prescribed by the county auditor and controller.
18300.  An annual report shall be prepared by each center for
submission to the county board of supervisors.  The report shall
include, but not be limited to, the total number of persons
requesting services of the centers, the number of persons served in
the center by each type of service provided, and a description of the
social and economic characteristics of persons receiving services by
type of service provided.  The report shall be made available to the
public on request.
18304.  Any county may establish a program for reducing the
incidence of domestic violence in the county by establishing or
funding domestic violence programs which meet the requirements of
this chapter.
   Geographically adjacent counties may combine their respective
domestic violence programs special funds in order to establish one or
more 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.  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 programs special fund.  The fees
collected in this special fund shall be disbursed to approved
programs on a yearly or more frequent basis commencing July 1, 1980.
   The board of supervisors shall direct the county clerk to deposit
twenty-three dollars ($23) of each fee into the county domestic
violence programs special fund.  The county domestic violence
programs special fund shall fund programs established pursuant to
Section 18304.  Four dollars ($4) of each twenty-three dollars ($23)
deposited into the county domestic violence programs special fund
shall be used, to the extent feasible, to develop or expand domestic
violence centers 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 programs special fund, monitoring of the programs,
and meeting the other administrative requirements imposed by this
chapter.  Counties which do not participate in the establishing or
funding of domestic violence 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 programs special fund.
18305.3.  The county board of supervisors shall consult with the
local regional domestic violence coalition, consisting of
representatives from existing domestic violence programs, in planning
for the establishment of a new domestic violence center or for
ongoing technical assistance for domestic violence centers already in
the county.
18306.  In the event that a county does not have sufficient funds in
the county domestic violence programs special fund to finance all
the basic services specified in Section 18294 and community resources
are not available to finance such basic services, the county may
finance one or more of such basic services.
18307.  (a) Notwithstanding Section 18305, a county may carry over
funds deposited in a county domestic violence programs special fund
until such time as a domestic violence 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 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.
18308.  (a) The Contra Costa County Board of Supervisors shall
direct the local registrar, county recorder, and county clerk to
deposit fees collected pursuant to Section 26840.9 of the Government
Code and 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.
   (b) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted statute
deletes or extends that date.
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 funds 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 funds 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.
   (c) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted statute
deletes or extends that date.
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,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.