BILL ANALYSIS Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair 834 (Florez) Hearing Date: 05/27/2010 Amended: 04/13/2010 Consultant: Jacqueline Wong-HernandezPolicy Vote: Public Safety 7-0 _________________________________________________________________ ____ BILL SUMMARY: This bill specifically authorizes the court, upon convicting a defendant of a sexual offense against a minor, to prohibit the defendant from harassing, intimidating, or threatening the victim, victim's family members, spouse or coworkers, or from encouraging another to do so, for a period of up to 10 years. Violation of the court order would be punishable as a misdemeanor (criminal contempt). _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2010-11 2011-12 2012-13 Fund New misdemeanor Potentially significant local costs; non-reimbursable Local Loss of prison credits Potentially significant state costs General _________________________________________________________________ ____ STAFF COMMENTS: SUSPENSE FILE. This bill authorizes the court to issue an order prohibiting sex offenders whose victims were minors from harassing, intimidating, or threatening the victim, and specified others, and from "encouraging" another to do so. On its face, this law creates a new specific category of criminal contempt, punishable as a misdemeanor. Ordinarily, misdemeanors are under local jurisdiction and are not considered a state cost. The specific new misdemeanor authorized by this bill, however, applies only to specified sex offenders after conviction. A large number of these sex offenders would, upon conviction and issuance of the court order, be serving sentences in state prisons. To the extent that state prison inmates violate the court orders authorized by the bill, they will lose 90 days of "good time" credits against their sentences - three times the amount currently allowed for the same offense under current Department of Corrections and Rehabilitation (CDCR) regulations. Existing regulations consider "Harassment of another person, group, or entity either directly or indirectly through the use of the mail or by any other means," to be a "serious disciplinary infraction" punishable by 30 days of "good time" credit loss. By providing that this offense would be punishable by a misdemeanor, this bill would increase the credit loss and could contribute to lengthier prison sentences for violators who are in prison. (Inmates have an opportunity to earn credits back, but there is no guarantee). Moreover, sex offenders (and those convicted of certain other violent and/or serious crimes) can earn only up to two days of "good time" credits for every six days of their state prison sentences, instead of day-for-day credits earned by other inmates. If even ten inmates violated these court orders, the net cost of increased sentencing (60 days of additional credit loss over current penalties), this bill would result increased GF costs of more than $50,000.