BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 852|
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                                 THIRD READING


          Bill No:  SB 852
          Author:   Harman (R), et al
          Amended:  4/25/11
          Vote:     30 - Urgency

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 4/5/11
          AYES:  Hancock, Anderson, Calderon, Harman, Liu, Price, 
            Steinberg

           SENATE APPROPRIATIONS COMMITTEE  :  9-0, 5/26/11
          AYES:  Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley, 
            Price, Runner, Steinberg


           SUBJECT  :    Department of Corrections and Rehabilitation:  
          victim/ 
                      witness notification

           SOURCE  :     Author


           DIGEST  :    This bill amends several statutes as well as 
          Proposition 8 which was approved by the voters in June of 
          1982, to give crime victims the right to receive 
          notification of an offender's custody status by e-mail.

           ANALYSIS  :    Existing law requires the Department of 
          Corrections and Rehabilitation (CDCR), county sheriff, and 
          director of the local department of corrections, upon 
          request, to give notice, as specified, prior to the release 
          from state prison or county jail, of any person convicted 
          of specified offenses, or of any change in parole status or 
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          relevant change in parole location, or if the person 
          absconds from supervision while on parole, to a victim of 
          the offense and others, as specified.  Existing law 
          provides for this notice by telephone and certified mail, 
          and requires those persons requesting notice to provide 
          current address and telephone numbers, as specified.

          This bill authorizes, providing that notice by telephone, 
          certified mail, or electronic mail, as specified selected 
          by the requesting party, if that method is available.

          Existing law requires CDCR to supply a form to designated 
          agencies in order to enable persons to request and receive 
          notification from the department of the release, escape, 
          scheduled execution, or death of the violent offender.  
          Existing law requires the agency to give the form to the 
          victim, witness, or next of kin of the victim for 
          completion, explain to that person or persons the right to 
          be so notified, and forward the completed form to CDCR.

          This bill additionally requires CDCR to supply a form to 
          the designated agency in order to enable persons to request 
          and receive notification from the CDCR of the release, 
          escape, scheduled execution, or death or the violent 
          offender.  That agency shall give the form to the victim, 
          witness, or next of kin of the victim for completion, 
          explain to that person or persons the right to be so 
          notified, and forward the completed form to the department. 
           CDCR or the Board of Parole Hearings is responsible for 
          notifying all victims, witnesses, or next of kin of victims 
          who request to be notified of a violent offender's release 
          or scheduled execution, as provided by Sections 3058.8 and 
          3605.

          Existing law, added by Proposition 8, approved by the 
          voters at the June 8, 1982, statewide primary election and 
          amended by Proposition 9, approved by the voters at the 
          November 4, 2008, statewide general election, requires the 
          Board of Parole Hearings, upon request, to notify the 
          victim, or next of kin of the victim, of any crime 
          committed by a prisoner, of any hearing to review or 
          consider the parole suitability or the setting of a parole 
          date for that prisoner.  Proposition 8 provides that this 
          statutory provision shall not be amended by the Legislature 

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          except by a statute passed in each house by rollcall vote, 
          2/3 of the membership concurring or by a statute approved 
          by the voters. Proposition 9 provides that the statutory 
          provisions of that act shall not be amended by the 
          Legislature, except by a statute passed in each house by 
          rollcall vote, 3/4 of the membership of each house 
          concurring or by a statute approved by the voters.  
          However, the Legislature may amend those provisions by a 
          majority vote of the membership of each house to expand the 
          scope of those provisions or to further the rights of 
          victims of crimes.

          This bill permits the victim, or next of kin of the victim, 
          to receive that notice, upon request to CDCR and 
          verification of the identity of the requester, by 
          telephone, electronic mail, or certified mail, using the 
          method selected by the requester, if that method is 
          available.  The bill provides that this act furthers the 
          rights of victims of crimes for purposes of Proposition 9.  
          By amending this provision, the bill amends Proposition 8.  
          Because the bill requires the verification of the identity 
          of the requester as a condition to receiving notice, it 
          amends Proposition 9 in a manner requiring a 3/4 vote.

          Existing law provides that as soon as placement of an 
          inmate in any reentry or work furlough program is planned, 
          but in no case less than 60 days prior to that placement, 
          CDCR shall send written notice, if notice has been 
          requested, to specify requesting parties, to the last 
          address of the requesting party provided to CDCR.

          This bill authorizes the notice to be sent to a victim or 
          next of kin of a victim by telephone, certified mail, or 
          electronic mail, using the method of communication selected 
          by the requesting party, if that method is available, and 
          requires CDCR to send the notices to the last mailing 
          address, electronic mail address, or telephone number 
          provided to CDCR by the victim or next of kin of the 
          victim.

          This bill makes other conforming changes.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

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          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

           Major Provisions                2011-12     2012-13    
           2013-14   Fund  

          Electronic notification                      $250 annually 
          through 2014-15;                             Special*
                              $250 or greater future annual 
          costSpecial*/
                              Pressure; potential future cost savings 
           General

          *Restitution Administrative Fee Special Deposit Fund

           SUPPORT  :   (Verified  5/31/11)

          California State Sheriffs' Association
          Crime Victims United of California


           ARGUMENTS IN SUPPORT  :    According to the author's office, 
          this bill allows CDCR to provide crime victims the option 
          to be notified of an offender's status electronically in 
          addition to regular mail.  Existing law requires CDCR to 
          provide notification to victims and other individuals who 
          have requested to be notified regarding an adult offender's 
          status only via regular mail.

          By allowing victims the option to be notified of an 
          offender's status electronically, this bill ensures that 
          victims are provided with pertinent information as quickly 
          as possible. 

          CDCR has received a federal grant to develop and implement 
          an automated victim notification system through the Victim 
          Information and Notification Everyday application.  
          Existing law must be amended for CDCR to be able to 
          implement this system.


          RJG:do  5/31/11   Senate Floor Analyses 

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                         SUPPORT/OPPOSITION:  SEE ABOVE

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