2009 California Penal Code - Section 13837-13838 :: Article 4. Rape Victim Counseling Centers

PENAL CODE
SECTION 13837-13838

13837.  (a) The California Emergency Management Agency (Cal EMA)
shall provide grants to proposed and existing child sexual
exploitation and child sexual abuse victim counseling centers and
prevention programs, including programs for minor victims of human
trafficking. Grant recipients shall provide appropriate in-person
counseling and referral services during normal business hours, and
maintain other standards or services which shall be determined to be
appropriate by the advisory committee established pursuant to Section
13836 as grant conditions. The advisory committee shall identify the
criteria to be utilized in awarding the grants provided by this
chapter before any funds are allocated.
   In order to be eligible for funding pursuant to this chapter, the
centers shall demonstrate an 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 funds appropriated
for purposes of this chapter. Each center receiving funds pursuant to
this chapter shall make every attempt to qualify for any available
federal funding.
   State funds provided to establish centers shall be utilized when
possible, as determined by the advisory committee, to expand the
program and shall not be expended to reduce fiscal support from other
public or private sources. The centers shall maintain quarterly and
final fiscal reports in a form to be prescribed by the administering
agency. In granting funds, the advisory committee shall give priority
to centers which are operated in close proximity to medical
treatment facilities.
   (b) (1) It is the intent of the Legislature that a goal or purpose
of the Cal EMA shall be to ensure that all victims of sexual assault
and rape receive comprehensive, quality services, and to decrease
the incidence of sexual assault through school and community
education and prevention programs.
   (2) The Cal EMA and the advisory committee established pursuant to
Section 13836 shall collaboratively administer sexual assault/rape
crisis center victim services programs and provide grants to proposed
and existing sexual assault services programs (SASPs) operating
local rape victim centers and prevention programs. All SASPs shall
provide the services in subparagraphs (A) to (G), inclusive, and to
the extent federal funding is made available, shall also provide the
service described in subparagraph (H). The Cal EMA shall provide
financial and technical assistance to SASPs in implementing the
following services:
   (A) Crisis intervention, 24 hours per day, seven days per week.
   (B) Followup counseling services.
   (C) In-person counseling, including group counseling.
   (D) Accompaniment services.
   (E) Advocacy services.
   (F) Information and referrals to victims and the general public.
   (G) Community education presentations.
   (H) Rape prevention presentations and self-defense programs.
   (3) The funding process for distributing grant awards to SASPs
shall be administered as follows:
   (A) The Cal EMA and the advisory committee established pursuant to
Section 13836 shall collaboratively adopt each of the following:
   (i) The process and standards for determining whether to grant,
renew, or deny funding to any SASP applying or reapplying for funding
under the terms of the program.
   (ii) For SASPs applying for grants under the RFP process described
in subparagraph (B), a system for grading grant applications in
relation to the standards established pursuant to clause (i), and an
appeal process for applications that are denied. A description of
this grading system and appeal process shall be provided to all SASPs
as part of the application required under the RFP process.
   (iii) For SASPs reapplying for funding under the RFA process
described in subparagraph (D), a system for grading the performance
of SASPs in relation to the standards established pursuant to clause
(i), 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 SASPs receiving grants under this program.
   (B) Grants for centers that have previously not been funded or
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
sexual assault/rape crisis center funding, and to the extent
possible, the response to the RFP shall not exceed 25 narrative
pages, excluding attachments.
   (C) Grants shall be awarded to SASPs that propose to maintain
services previously granted funding pursuant to this section, to
expand existing services or create new services, or to establish new
sexual assault/rape crisis centers in underserved or unserved areas.
Each grant shall be awarded for a three-year term.
   (D) SASPs reapplying for grants shall not be subject to a
competitive bidding grant process, but shall be subject to a request
for application (RFA) process. The RFA process for a SASP reapplying
for grant funds shall consist in part of an assessment of the past
performance history of the SASP in relation to the standards
established pursuant to subparagraph (A). The RFA process shall
comply with all applicable state and federal statutes for sexual
assault/rape crisis center funding, and to the extent possible, the
response to the RFA shall not exceed 10 narrative pages, excluding
attachments.
   (E) Any SASP funded through this program in the previous grant
cycle shall be funded upon reapplication, unless its past performance
history fails to meet the standards established pursuant to clause
(i) of subparagraph (A).
   (F) The Cal EMA shall conduct a minimum of one site visit every
three years for each agency funded to provide sexual assault/rape
crisis centers. The purpose of the site visit shall be to conduct a
performance assessment of, and provide subsequent technical
assistance for, each center visited. The performance assessment shall
include, but need not be limited to, a review of all of the
following:
   (i) Progress in meeting program goals and objectives.
   (ii) Agency organization and facilities.
   (iii) Personnel policies, files, and training.
   (iv) Recordkeeping, budgeting, and expenditures.
   (v) Documentation, data collection, and client confidentiality.
   (G) After each site visit conducted pursuant to subparagraph (F),
the Cal EMA shall provide a written report to the SASP summarizing
the performance of the SASP, any deficiencies noted, any 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 any corrective action required. The Cal EMA shall
submit its written report to the SASP no more than 60 days after the
site visit. No grant under the RFA process shall be denied if the
SASP did not receive a site visit during the previous three years,
unless the Cal EMA is aware of criminal violations relative to the
administration of grant funding.
   (H) SASPs 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
SASP 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 SASP should be reduced or denied altogether. If a SASP has been
determined to be deficient, the Cal EMA may, at any point during the
SASP's funding cycle following the expiration of the period for
corrective action, deny or reduce any further funding.
   (I) If a SASP 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 SASP, 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, any 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
SASP 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.
   (J) 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 SASPs 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 SASPs in order to provide
funding for currently funded, new, or previously unfunded SASPs that
will provide services in underserved or unserved areas. However, to
the extent reasonable, funding reductions shall be reduced
proportionately among all currently funded SASPs. After the amount of
funding reductions has been determined, SASPs 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.
   (K) Notwithstanding any other provision of this section, the Cal
EMA may reduce funding to a SASP 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.
   (L) 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.
   (M) As a condition of receiving funding pursuant to this section,
a SASP shall do each of the following:
   (i) Demonstrate an 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 funds appropriated for
purposes of this chapter.
   (ii) Make every attempt to qualify for any available federal
funding.
   (N) For the purposes of this paragraph, "sexual assault" means an
act or attempt made punishable by Section 220, 261, 261.5, 262,
264.1, 266c, 285, 286, 288, 288a, or 647.6.
   (O) For the purposes of this paragraph, "sexual assault services
program" or "SASP" means an agency operating a sexual assault/rape
crisis center.

13838.  "Peer counselor" means a provider of mental health
counseling services who has completed a specialized course in rape
crisis counseling skills development, participates in continuing
education in rape crisis counseling skills development, and provides
rape crisis counseling in consultation with a mental health
practitioner licensed within the State of California.


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