Bills Being Followed
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Signed
BILL NUMBER: A.B. 1368
INTRODUCED BY Assemblymember Anthony Adams (R-Hesperia)
Child day care: safety.
BILL NUMBER: SB 788
INTRODUCED BY Senator Mark Wyland (R-Carlsbad)
Licensed professional clinical counselors.
The Governor had this to say about the bill - "I believe these professionals will help provide greater access to much-needed mental health services to Californians."
BILL NUMBER: SB 33
By Senator Lou Correa (D-Santa Ana)
Marriage and family therapy: licensure and registration.
BILL NUMBER: AB 1113
By Assemblymember Bonnie Lowenthal (D-Long Beach)
Prisoners: professional mental health providers: marriage and family therapists.
BILL NUMBER: AB 1086
By Assemblymember Jeff Miller (R-Corona)
Public contracts: bids
BILL NUMBER: SB 669
By Senator Dennis Hollingsworth (R-Murrieta)
Provides that a sexually violent predator’s refusal to participate in treatment may be considered evidence in a jury trial to show that his or her condition has not changed.
BILL NUMBER: SBX3 14
By Senator Denise Moreno Ducheny (D-San Diego)
Prison facilities: construction.
Vetoed
BILL NUMBER: AB 845Assembly Speaker Karen Bass (D-Los Angeles)
Corrections: Reentry Advisory Committee.
BILL NUMBER: SBX3 17
By Senator Denise Moreno Ducheny (D-San Diego)
Veto Message
June 30, 2009
To the Members of the California State Senate:
I am returning Senate Bill X3 17 without my signature.
I have been very clear that the Legislature must solve the entire deficit, must make the hard decisions now, and must not push the problem off to tomorrow. This bill and its companion measure, SB X3 16, do not meet any of those criteria. For these reasons, I am returning this bill without my signature.
Sincerely,
Arnold Schwarzenegger
Other
BILL NUMBER: AB 1362By Assemblymember Solorio
held in suspense
BILL NUMBER: AB 1531
By Assemblymember Portantino
pulled to allow author to use number for another bill. Agreed to author bill next year that allows CDCR to easily turn a contractor position into a state position with attached funding so conversion to state service is simple and seamless.
Bills Sponsored by AFSCME Local 2620 - 2009-2010
BILL NUMBER: AB 1362
INTRODUCED BY Assembly Member Solorio
California Rehabilitation Oversight Board: advisory committee.
Existing law establishes the California Rehabilitation Oversight Board.
This bill would establish the California Rehabilitation Oversight Board Advisory Committee and charge it with providing assistance and advice on strategies for accomplishing the rehabilitation goals of the various mental health, substance abuse, educational, and employment programs for inmates and parolees operated by the Department of Corrections and Rehabilitation.
The committee shall consist of nine members as follows:
(1) A clinical psychologist appointed by the Speaker of the
Assembly.
(2) A social worker appointed by the Governor.
(3) Two correctional peace officers, one appointed by the
Governor, and one appointed by the Speaker of the Assembly.
(4) A chaplain appointed by the Governor.
(5) A rehabilitation therapist appointed by the Governor.
(6) A teacher appointed by the Governor.
(7) A warden appointed by the Senate President pro Tempore.
(8) A clinician with expertise in behavioral health who works with
parolees, appointed by the Senate President pro Tempore.
BILL NUMBER: AB 1531
INTRODUCED BY Assembly Member Portantino
State contracts: employment clauses.
This bill would additionally require that a public contract entered into between the state and another person or entity for services, goods, or materials include a clause stating that a person or entity that contracts with the state is prohibited from imposing a condition in the contract that would prohibit or penalize an employee subject to the contract or personal services contractor from seeking or accepting employment with the state.
Other Bills and Initiatives of Interest to AFSCME Local 2620
Initiative in Circulation as of May 4, 2009.
1350. (08-0018, Amdt. #1S)
Renegotiation of Public Employee Pension Contracts. Initiative Constitutional Amendment.
Summary Date: 01/21/09 Circulation Deadline: 06/22/09
Signatures Required: 694,354
Proponent: Paul McCauley
Eliminates certain state constitutional restrictions on renegotiating public employee pension contracts. Allows vested pension benefits to be reduced for existing and prospective public-sector retirees. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Possible reduction in pension costs for state and local governments, depending on future actions by state and local governments and courts. Any such reduction likely would be largely or entirely offset by negotiated increases in other costs, such as employee salaries and wages. (08-0018, Amdt. #1S.) (Full Text can be found here)
BILL NUMBER: AB 1113
INTRODUCED BY Assembly Member Bonnie Lowenthal
(Principal coauthor: Assembly Member Anderson)
Existing law requires any person employed or under contract to provide mental health diagnostic or treatment or other mental health services in the state correctional system to be a physician and surgeon, psychologist, or other health professional, licensed to practice in this state, except as specified. This licensure requirement may be waived in order for a person to gain qualifying experience for licensure as a psychologist or clinical social worker in this state.
This bill would also authorize the waiver for a person to gain qualifying experience for licensure as a marriage and family therapist. The bill would provide that a person gaining qualifying experience for licensure as a marriage and family therapist is limited to working within his or her scope of practice.
BILL NUMBER: AB 845
INTRODUCED BY Assembly Member Bass
Corrections: Reentry Advisory Committee.
Existing law requires the Secretary of the Department of Corrections and Rehabilitation to establish a Reentry Advisory Committee, comprised as specified, to advise the secretary on matters related to the successful planning, implementation, and outcomes of all reentry programs and services in the department, with the goal of reducing recidivism. Existing law repeals these provisions on January 1, 2011.
This bill would impose additional requirements on the committee, including that the committee seek and apply for federal funds, develop a comprehensive strategic reentry plan seeking to reduce the recidivism rate, and submit a report to the Legislature, as specified. The bill would extend the repeal date on these provisions until January 1, 2014.
BILL NUMBER: AB 785
INTRODUCED BY Assembly Member Bass
Community sanctions: parole violators.
This bill would state the Legislature's intent that community sanctions be instituted for parole violators who present a lower risk to public safety, as specified. The bill would require the Department of Corrections and Rehabilitation to implement a "parole violation decision-making instrument" to provide guidelines for use by parole agents and the Board of Parole Hearings to determine the most appropriate sanctions for parole violators, as specified. The bill would require the department to adopt regulations to implement these provisions. The bill would provide that its provisions do not limit the authority of counties to prosecute parolees who commit new crimes.
BILL NUMBER: AB 777
INTRODUCED BY Assembly Member Bass
Inmates: identification cards.
This bill would require the Department of Corrections and Rehabilitation, in collaboration with the DMV, to allow the DMV to make biannual visits to the department's facilities to provide state-issued identification cards to inmates upon their release and to inmates who are eligible to be released or released on parole within 6 months.
This bill would specify the department's duties in providing and obtaining the information necessary for eligible inmates to obtain identification cards.
This bill would make its provisions operative on January 1, 2011.
BILL NUMBER: AB 777
INTRODUCED BY Senator Ducheny
Corrections: Department of Community Corrections.
This bill would express the intent of the Legislature to enact legislation that would create the Department of Community Corrections and that would transfer parole and probation programs and services to that department.
BILL NUMBER: SB 379
INTRODUCED BY Senator Huff
Child care: licensure requirements.
The California Child Day Care Facilities Act prescribes licensure requirements for the operation of child day care facilities, day care centers, and family day care homes. The act exempts specified facilities and arrangements from its provisions.
This bill, in addition, would exempt heritage schools, as defined, from the provisions of the act.
BILL NUMBER: AB 884
INTRODUCED BY Assembly Member Swanson
Probation and parole.
Existing law provides for the granting of probation and parole to specified offenders under specified circumstances.
This bill would provide that it is the intent of the Legislature to craft legislation that will amend the Penal Code to reduce unnecessary probation, parole, and jail time arising from certain probation and parole violations by nonviolent offenders.
BILL NUMBER: AB 1113
INTRODUCED BY Assembly Member Lowenthal Co-Author: Assembly Member Anderson
Prisoners: professional mental health providers: marriage and family therapists.
This bill would also authorize the waiver for a person to gain qualifying experience for licensure as a marriage and family therapist. The bill would provide that a person gaining qualifying experience for licensure as a marriage and family therapist is limited to working within his or her scope of practice.
BILL NUMBER: SB 292
INTRODUCED BY Senator Hancock
Prisoners: alternative incarceration.
This bill would state findings and declarations of the Legislature relative to alternative incarceration for nonviolent inmates. The bill would authorize the Secretary of the Department of Corrections and Rehabilitation to enter into contracts with Alternative Incarceration Facilities, as defined, for housing certain nonviolent inmates who meet certain criteria. The bill would authorize the secretary to adopt regulations to implement those purposes, set forth criteria for inmates to meet in order to be transferred to an Alternative Incarceration Facility, and establish a compensation scheme for owners of those facilities. The bill would require a retired, correctional officer with certain experience to always be present at each facility.
BILL NUMBER: SB 788
INTRODUCED BY Senator Wyland
Licensed Professional Counselors.
Existing law provides for the licensure and regulation of marriage and family therapists, educational psychologists, and clinical social workers by the Board of Behavioral Sciences, in the Department of Consumer Affairs. Under existing law, the board consists of 11 members. This bill would prohibit a person from holding himself or herself out to the public by any title or description of mental health services not authorized by law or licensed by that board, except as specified. There is a growing need in this state for additional mental health professionals to provide counseling and other mental health services to California's citizens in a variety of settings. That need continues to grow due to economic conditions and the need to provide counseling services resulting from natural disasters, and services to California's veterans. There exists in the state a substantial number of mental health professionals who possess appropriate master's degree education, training, and experience to fulfill the need but who cannot avail themselves of licensure under the current mental health professional framework for licensure existing in the state.
To: Vocational Rehabilitation Counselors
From: Elaina Jannell, Ph.D., Chair, Government Affairs Committee, AFSCME Local 2620
Re: SB 788 Licensed Professional Clinical Counselors
AFSCME 2620 has observed some controversy and confusion regarding the intent of SB 788 and the group(s) it is intended to promote. We have conducted an analysis of the bill, including identifying the role of the Licensed Professional Clinical Counselor, the intent of the bill’s sponsor, the academic and supervision requirements to obtain licensure, and the position of the Licensed Professional Clinical Counselor in other states.
This bill is clearly designed to address mental health services in California. It is not designed to allow those providing vocational rehabilitation services in California to obtain licensure under the requirements identified. The coursework required is focused on mental health services, and the supervision required must take place in a clinical mental health setting. The California Department of Rehabilitation is not considered a mental health treatment setting. The purpose of the Department of Rehabilitation is to provide vocational services to disabled Californians. Though SVRC’s conduct assessments and make referrals for treatment, they do not act as mental health counselors. The following information was taken from the bill analysis found at HYPERLINK "http://www.leginfo.ca.gov" www.leginfo.ca.gov.
The Relationship between Licensing and Pay in State Service
The Department of Rehabilitation in California does not require certification or licensure of the SVRC’s or the SVRC/QRP's. In all settings, the state does not recognize a relationship between academic achievement, licensure, and salary improvement. The state does not have a history of improving salaries for state employees who perform the same tasks as their community counterparts, much less those who are not performing the same tasks, but who now hold professional licenses which are not required. SB 788 will not improve the salaries of the SVRC's or the SVRC/QRP's.
Definition of Licensed Professional Clinical Counselor
The application of clinical counseling interventions and psychotherapeutic techniques to identify and remediate behavioral, cognitive, mental, and emotional issues, including personal growth, adjustment to disability, crisis intervention, and psychosocial and environmental problems. Professional clinical counseling includes conducting assessments for the purpose of establishing treatment goals, and objectives to empower individuals to deal adequately with life situations, reduce stress, experience growth and make well informed, rational decisions.
Intent of SB 788
According to the bills sponsor, California Coalition of Counselor Licensure, the intent of the bill is to:
1.) address mental health workforce shortages and their impact on the implementation of Proposition 63. Enacting the LPCC licensure would be a step to help meet the needs of the mental health system in the coming years.
2.) enable California to participate in federally funded programs serving those with mental health needs.
3.) obtain third party reimbursement for mental health services currently being provided by unlicensed providers. The sponsor identifies the state will need 13,000 to 20,000 mental health professionals by the year 2010.
4.) allow masters level mental health providers to obtain equal status with marriage and family therapists and licensed clinical social workers.
5.) provide mental health services in rural areas.
Academic and Post Graduate Requirements of the LPCC
Master's or doctoral degrees in counseling or psychotherapy as specified by an accredited school.
Complete 48 graduate semester units to include: 1.) a minimum 3 semester units in each of the nine core areas, 5 of which contain strong psychotherapeutic content, 2.) a minimum of six semester units supervised practicum or field study experience that includes specified areas, which contain strong psychotherapeutic content.
Complete 3000 hours of supervised experience in the practice of professional counseling. Clinical supervision would have to be completed in a mental health setting. The Department of Rehabilitation is not considered a mental health treatment setting, nor does it employ licensed clinical professionals (psychologists, social workers, psychiatrist or marriage and family therapists) who could provide the clinical supervision.
Pass the examination approved by the Board of Behavioral Sciences.
Who would be grandfathered into the LPCC
Licensed Clinical Social Workers and Licensed Marriage and Family Therapists. The California Psychological Association is opposed to the lenient allowance of previous licensure as criteria for the LPCC.
The SVRC's and the SVRC/QRP's will not qualify for the grandfather provision as they do not currently meet the existing requirements for LCSW and LMFT.
The LPCC in other states
Other states generally license four mental health professions: psychologists, clinical social workers, professional counselors, and marriage and family therapists.
The LPCC is identified as a mental health service provider. They are grouped with other mental health professions in similar treatment settings providing similar services.
LPCC's are not vocational rehabilitation counselors. A distinction between the SVRC and the LPCC in other states is that the LPCC acts as the clinician providing the necessary mental health intervention and treatment needed to address the patients issues, including those related to being or becoming disabled, and the accompanying vocational challenges, but as a part of an overall mental health wellness treatment objective.
AFSCME's role in representing SVRC's
It is the role of the union to promote harmonious labor relations between the State and the Union, establish timely, equitable, and peaceful procedures for the resolution of differences, and establish rates of pay, hours of work, and other conditions of employment.
SB 788 is not related to the SVRC's employment in the Department of Rehabilitation. Even if the LPCC group becomes licensed, their employment will be outside of state service, as the target areas are rural county locations. The LPCC will be a mental health counselor, not a vocational rehabilitation counselor.
SVRC and SVRC/QRP Licensure
The VROC (Vocational Rehabilitation Occupational Committee) held a meeting on June 16th, the day before a very successful VROC Lobby Days. The Vocational Rehabilitation Counselor members of the VROC decided not to support SB 788 as it does not relate to the work currently performed by the SVRC's and SVRC/QRP's. Further, the existing language and requirements of SB 788 would alienate a large portion of the counselors currently employed by the DoR. Instead the group decided to devote the next meeting, and more if necessary, to crafting a bill for next year's legislative session that would allow vocational counselors to become licensed based on the qualifications and academic achievement held as the current standard by the department. AFSCME 2620 has committed to sponsoring the bill next year and will make it a legislative priority of our union.
BILL NUMBER: AB 181
INTRODUCED BY Assemblymember Bass Co-Authors: Assemblymember De La Torre and Senator Steinberg
An act to amend and suppliment the Budget Act of 2009 This bill would reduce those amounts to $1,052,917,000 from General Fund items and $658,058,000 from items relating to other funds. In addition, the bill would authorize the Director of Finance to reduce, with specified exceptions, items of appropriation for state operations in the total amounts of $425,000,000 from General Fund items and $315,000,000 from items relating to other funds. The bill would make the director’s authority to make those reductions contingent on the imposition of no more than 2 furlough days per month on state employees. This bill would declare that it is to take effect immediately as an urgency statute.
