BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair AB 2467 (Hueso) - Protective orders: electronic monitoring. Amended: July 6, 2012 Policy Vote: Public Safety 7-0 Urgency: No Mandate: No Hearing Date: August 16, 2012 Consultant: Jolie Onodera SUSPENSE FILE. AS PROPOSED TO BE AMENDED. Bill Summary: AB 2467 would authorize courts with jurisdiction over a criminal matter to include electronic monitoring as part of a protective order, as specified. Fiscal Impact: Potential ongoing annual costs to the courts in the range of $433,000 to $0.9 million (General Fund) for every five to 10 percent of 78,000 protective order hearings impacted statewide. This estimate assumes an additional 10 minutes per hearing for the court to determine the appropriateness of electronic monitoring and the ability of the individual to pay. To the extent a greater percentage of cases are impacted, costs to the courts would be significantly higher. Potentially significant ongoing non-reimbursable costs to counties that have adopted a policy to authorize electronic monitoring to cover the costs of electronic monitoring to the extent the court determines an individual is unable to pay. Assuming an average daily cost for active electronic monitoring of $20, costs for one year could exceed $700,000 per 100 indigent defendants. Potential future cost savings to law enforcement and the courts to the extent the utilization of electronic monitoring of domestic violence defendants results in fewer protective order violations and/or deters the committal of additional criminal offenses. Background: Existing law generally authorizes a court with jurisdiction over a criminal matter to issue certain protective orders upon a good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur, as specified. Additionally, existing law authorizes a court to issue an order protecting victims of AB 2467 (Hueso) Page 1 violent crime from all contact by the defendant, or contact with the intent to annoy, harass, threaten, or commit acts of violence, by the defendant. Proposed Law: This bill, to be known and cited as "Kathy's Law," would authorize a court issuing a protective order to require electronic monitoring, as follows: A protective order may require the defendant to be placed on electronic monitoring if the local government, upon receiving the concurrence of the county sheriff, adopts a policy to authorize electronic monitoring of defendants for this purpose. If the court determines that the defendant has the ability to pay for the monitoring program, the court shall order the defendant to pay for the monitoring. If the court determines that the defendant does not have the ability to pay for the electronic monitoring, the court may order electronic monitoring to be paid for by the local government that adopted the policy to authorize electronic monitoring. The duration of electronic monitoring shall not exceed one year from the date the order is issued. At no time shall the electronic monitoring be in place if the protective order is not in place. Staff Comments: The provisions of this bill could create additional workload on the courts and result in lengthier court hearings than otherwise would have occurred under existing law for matters involving criminal protective orders. Costs would be dependent upon the number of local jurisdictions that elect to provide electronic monitoring, the number of protective orders issued within those jurisdictions, the number of cases in which electronic monitoring would be considered and whether the defendant has the ability to pay for the monitoring. The Judicial Council indicates the consideration of electronic monitoring and the ability of a defendant to pay would extend the length of court proceedings. Based on an average daily court cost of $4,000, an increased length in proceedings of 10 minutes would incur additional costs of $111 per hearing. Based on approximately 78,000 criminal protective orders issuances per year, a five to ten percent impact on protective orders would result in increased court costs of $433,000 to $0.9 million (General Fund) per year. AB 2467 (Hueso) Page 2 This bill authorizes a court issuing a protective order to require the defendant to be placed on electronic monitoring if the local government, upon receiving the concurrence of the county sheriff, adopts a policy to authorize electronic monitoring of defendants for this purpose. If the court determines that the defendant does not have the ability to pay for the electronic monitoring, the court may order electronic monitoring to be paid for by the local government that adopted the policy to authorize electronic monitoring. The provisions of this bill could result in significant ongoing costs to local agencies that have opted to offer electronic monitoring, as specified. Assuming a daily rate of $20 for active electronic monitoring, the cost to operate electronic monitoring for one year for 100 indigent defendants would cost local agencies in excess of $700,000 per year. To the extent the utilization of electronic monitoring of domestic violence defendants results in fewer protective order violations and deters the committal of additional criminal offenses, there could be future cost savings to law enforcement and the courts of an unknown, but potentially significant amount. Proposed Author Amendments: The proposed amendments would condition electronic monitoring of a defendant if the local government, with the concurrence of the county sheriff or the chief probation officer with jurisdiction, adopts a policy to authorize electronic monitoring of defendants and specifies the agency with jurisdiction.