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SB-1088 Homelessness: domestic violence survivors.(2019-2020)

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Date Published: 04/02/2020 09:00 PM
SB1088:v98#DOCUMENT

Amended  IN  Senate  April 02, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1088


Introduced by Senator Rubio

February 19, 2020


An act relating to housing. An act to add Chapter 8 (commencing with Section 8265) to Division 8 of the Welfare and Institutions Code, relating to homelessness.


LEGISLATIVE COUNSEL'S DIGEST


SB 1088, as amended, Rubio. Housing: Homelessness: domestic violence survivors.
Existing law establishes the Homeless Housing, Assistance, and Prevention Program administered by the Business, Consumer Services, and Housing Agency for the purpose of providing jurisdictions, as defined, with one-time grant funds to support regional coordination and expand or develop local capacity to address homelessness challenges, as specified. Existing law provides that upon appropriation, the agency is required to distribute $650,000,000 among cities, counties, and continuum of care, as provided.
Existing law establishes the Department of Housing and Community Development in the Business, Consumer Services, and Housing Agency and makes the department responsible for administering various housing programs throughout the state, including, among others, the Multifamily Housing Program, the Housing for a Healthy California Program, and the California Emergency Solutions Grants Program.
Existing law defines “domestic violence,” for purposes of provisions relating to protective orders, law enforcement response, and domestic violence centers, as abuse perpetrated against, among others, a spouse, child, or cohabitant.

This bill would state the intent of the Legislature to enact legislation that would make a continuous appropriation of $10,000,000 in the Budget Act of 2020 dedicated to responding to the housing needs of domestic violence survivors, and would state the intent of the Legislature to enact legislation to make statutory changes to implement that appropriation.

This bill would require a city, county, or continuum of care to use at least 12% of specified homelessness prevention or support moneys for services for domestic violence survivors experiencing or at risk of homelessness. The bill would require local agencies, on or before January 1, 2022, to establish and submit to the Department of Housing and Community Development an actionable plan to address the needs of domestic violence survivors and their children experiencing homelessness. By placing new duties on cities, counties, and continuums of care, the bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 8 (commencing with Section 8265) is added to Division 8 of the Welfare and Institutions Code, to read:
CHAPTER  8. Domestic Violence Survivor Homelessness Prevention and Support Services

8265.
 The Legislature finds and declares the following:
(a) Women and men who experienced food and housing insecurity in the past 12 months reported a significantly higher 12-month prevalence of rape, physical violence, or stalking by an intimate partner compared to women and men who did not experience food and housing insecurity.
(b) Domestic violence survivors are especially vulnerable to homelessness due to the dynamics of power and control present in a domestic violence situation, economic instability resulting from the abuse, the effects of trauma, and the need for safety and confidentiality as well as housing.
(c) Domestic violence survivors face unique barriers to accessing shelter and affordable housing.
(d) Women who experienced interpersonal violence in the last year were almost four times as likely to report housing instability as women who did not experience interpersonal violence.
(e) Between 22 percent and 57 percent of all homeless women report that domestic violence was the immediate cause of their homelessness.
(f) Additionally, 38 percent of all survivors of domestic violence become homeless at some point in their lives.
(g) A survivor of domestic violence will often leave the person causing harm multiple times before finally escaping the violence, resulting in multiple periods of homelessness.
(h) The violence and experience of homelessness not only impacts the adult survivors of domestic violence, but also their children. Among mothers with children experiencing homelessness, more than 80 percent previously experienced domestic violence.
(i) Sheltering in place will slow the spread of COVID-19, but will increase rates of domestic violence and sexual assault. Staying at home is not safe for everyone, particularly for victims of domestic violence sheltering in place with the person who is harming them.
(j) China has reported increased incidents of domestic violence as a result of sheltering in place, and disasters like Hurricane Katrina that created social isolation, financial stress, and decreased access to services increased rates of domestic violence and sexual assault. Early data from domestic violence service providers and law enforcement already show an increase in calls to domestic violence hotlines and law enforcement as survivors seek safety and protection.
(k) On just one day in September 2019, 3,307 adult and child victims of domestic violence found refuge in emergency shelters, transitional housing, or other housing provided by local domestic violence programs in California. However on the same day, 630 survivor requests for shelter or safe housing went unmet due to lack of resources.
(l) Housing for domestic violence survivors was an already urgent issue, and has become even more so in the midst of the COVID-19 crisis. As more domestic violence shelters are full and cannot exit survivors during this crisis, programs are providing a range of alternative safe housing options for survivors in need, including the use of hotel stays.
(m) By requiring that a percentage of homelessness funding is dedicated to the needs of domestic violence survivors experiencing or at risk of homelessness, it is the intent of the Legislature to provide essential, lifesaving services to survivors.

8266.
 (a) (1) To the extent permissible under existing law, a city, county, or continuum of care shall use at least 12 percent of moneys allocated for homelessness prevention or support by the state to that city, county, or continuum of care for services for domestic violence survivors experiencing, or at risk of, homelessness.
(2) The services for domestic violence survivors specified in paragraph (1) shall include both housing and housing-related stabilization services for domestic violence survivors and shall be provided by programs already serving those survivors.
(b) On or before January 1, 2022, local agencies shall establish and submit to the Department of Housing and Community Development an actionable plan to address the needs of domestic violence survivors, and their children, experiencing homelessness. The plan shall be developed in collaboration with domestic violence victim service organizations.
(c) For purposes of this section, the following shall apply:
(1) “Continuum of care” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
(2) “Domestic violence” has the same meaning as in Section 1037.7 of the Evidence Code.
(3) “Domestic violence victim service organization” has the same meaning as in Section 1037.1 of the Evidence Code.

SEC. 2.

 The Legislature finds and declares that Section 1 of this act adding Chapter 8 (commencing with Section 8265) to Division 8 of the Welfare and Institutions Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.

It is the intent of the Legislature to enact legislation that would make a continuous appropriation of ten million dollars ($10,000,000) in the Budget Act of 2020 dedicated to responding to the housing needs of domestic violence survivors, and it is the intent of the Legislature to enact legislation that would make statutory changes to implement that appropriation.