BILL ANALYSIS Ó AB 239 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 239 (Ammiano) As Amended August 30, 2011 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |79-0 |(May 31, 2011) |SENATE: |38-0 |(September 7, | | | | | | |2011) | ----------------------------------------------------------------- Original Committee Reference: PUB. S. SUMMARY : Requires the Crime Laboratory Review Task Force (CLRTF) to reconvene to prepare a supplemental report, to be submitted to the Legislature by July 1, 2013, that includes a recommendation regarding the composition of a statewide body to oversee crime laboratories, as specified. The Senate amendments remove the requirement that the office of the President pro Tempore of the Senate sit on the task force, and instead requires a representative from the Senate Committee on Rules and specify that data shall be collected to determine the root causes of laboratory errors. EXISTING LAW : 1)Requires the California Department of Justice (DOJ) to establish and chair the CLRTF, comprised of representatives from DOJ, the California Association of Crime Laboratory Directors; the California Association of Criminalists; the International Association for Identification; the American Society of Crime Laboratory Directors; the Department of the California Highway Patrol; the California State Sheriffs' Association, from a department with a crime laboratory; the California District Attorneys Association, from an office with a crime laboratory; the California Police Chiefs Association, from a department with a crime laboratory; the California Peace Officers' Association; the California Public Defenders Association; a private criminal defense attorney organization; the Judicial Council, to be appointed by the Chief Justice; the Office of the Speaker of the Assembly; the Office of the President pro Tempore of the Senate; and, two representatives to be appointed by the Governor. 2)Requires the CLRTF to review and make recommendations as to AB 239 Page 2 best configure, fund, and improve the delivery of state and local crime laboratory services in the future. To the extent feasible, the review and recommendations shall include, but are not limited to, the following issues: a) With respect to organization and management of crime laboratory services, consideration of whether the existing mix of state and local crime laboratories is the most effective and efficient means to meet California's future needs; whether laboratories should be further consolidated, and who should have oversight; if some management for some laboratories should be transferred; whether all laboratories should provide similar services; and, how other states have addressed similar issues; b) With respect to staff and training, consideration of how to address recruiting and retention problems of laboratory staff; whether educational and training opportunities are adequate to supply the needs of fully trained forensic criminalists in the future; whether continuing education is available to ensure that forensic science personnel are up to date in their field of expertise; if crime laboratory personnel should be certified and if so, the appropriate agency to assume this responsibility; and, the future educational role if any for the University of California or the California State University; c) With respect to funding, consideration of whether the current method of funding laboratories is predictable, stable, and adequate to meet future growth demands and to provide timely and accurate testing results and the adequacy of salary structures to attract and retain competent analyst and examiners; and, d) With respect to performance standards and equipment, consideration of whether workload demands are being prioritized properly and whether there are important workload issues not being addressed; if existing laboratories have necessary capabilities, staffing and equipment; and, if statewide standards should be developed for the accreditation of forensic laboratories, including minimum staffing levels, and if so, a determination regarding what entity should serve as the sanctioning body. 3)Requires the CLRTF to seek input from specialized law AB 239 Page 3 enforcement disciplines, other state and local agencies, relevant advocacy groups, and the public. The final report also shall include a complete inventory of existing California crime laboratories. This inventory shall contain sufficient details on staffing, workload, budget, major instrumentation, and organizational placement within the controlling agency. 4)Requires the CLRTF to submit a final report of its findings to the Department of Finance and the Budget and Public Safety Committees of both houses of the Legislature. AS PASSED BY THE ASSEMBLY , this bill required the Crime Laboratory Review Task Force (CLRTF) to reconvene to prepare a supplemental report, to be submitted to the Legislature by July 1, 2013, that includes a recommendation regarding the composition of a statewide body to oversee crime laboratories, as specified. Specifically, this bill : 1)Provided that the oversight body shall perform the following tasks: a) Implement federal legislation or guidelines imposed directly on crime laboratories or imposed indirectly as a requirement for receiving a grant; b) Oversee investigations into acts of misconduct or negligence committed by any employee or contractor of a crime laboratory; c) Collect data generated by investigations in order to determine the root causes of crime; d) Identify systemic failures and make recommendations for preventing future problems; e) Study methods to facilitate communication between laboratories and stakeholders and draft guidelines for disclosure and discovery of crime laboratory documents; and, f) Make recommendations to the Legislature and local governmental entities regarding the allocation of resources to crime laboratories throughout the state to ensure that taxpayers' funds are maximized and distributed in a more AB 239 Page 4 equitable manner. 2)Stated that the reporting requirements, as specified, are to be inoperative by July 1, 2017, and that the report shall be submitted to the Legislature in compliance with provisions of the Government Code, as specified. FISCAL EFFECT : According to the Senate Appropriations Committee: Fiscal Impact (in thousands) Major Provisions 2011-12 2012-13 2013-14 Fund DOJ to reconvene CLRTF $34 $68 $0 General CLRTF member Potential state-reimbursable costs toGeneral participation local agency participants Supplemental report Substantial future cost pressure ifGeneral/Federal oversight body convened COMMENTS : According to the author, "In 2010, San Francisco's criminal laboratory was hit with a scandal involving stolen drug evidence, contaminated DNA samples, destroyed records, and sample switching. This scandal alone prompted hundreds of narcotics cases to be thrown out or not charged because of possible evidence tampering, and the review of over 1,400 more for possible dismissal. "While the charges of misconduct are shocking, they are not unique to San Francisco. In recent years, laboratories in Santa Clara and the Central Valley have had similar problems of stolen drug evidence, and misconduct. These cases raise serious red flags about the management, and integrity of criminal laboratories, which not only effects public's perception of the criminal justice system, but also the numerous people who potentially might be wrongfully convicted due to serious neglect. "In a 2007 bi-partisan effort, the Legislature created the CLRTF to review and make recommendations as to how to improve the delivery of state and local crime laboratory services for the future (Pen. Code, Section 1106(c)). In November 2009, the CLRTF issued an initial report that called for the creation of a state AB 239 Page 5 oversight or advisory body to review forensic science and crime laboratory issues, and that the specifics of this proposal, including the composition and functions of this body, would be described in a supplemental report published in one year of the initial report. Despite the growing problems in San Francisco, Santa Clara and San Joaquin Counties' crime labs, the CLRTF voted to terminate itself, and consequently a follow up report was never produced. "According to the CLRTF's initial report, states across the nation, as many as 16 such as New York, Texas, Washington State, have created an entity charged with some degree of oversight responsibility over crime laboratories. While the scope of these entities ranges from make up to the purpose, they all are concerned about the challenges facing crime laboratories, and believe that crime laboratory oversight is essential in creating high quality forensics testing and just criminal justice system. California must follow in suit. "Criminal laboratories play an integral role in the criminal justice system, however cases of serious misconduct, neglect, and poor practices cast doubt and mistrust in criminal cases and the justice system. AB 239 seeks to address the critical need of statewide crime laboratory oversight in California to ensure that all criminal cases are handled fairly and appropriately." Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Milena Nelson / PUB. S. / (916) 319-3744 FN: 0002475