BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 852| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED SB 852 Page 2 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 CONTINUED SB 852 Page 3 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 CONTINUED SB 852 Page 4 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 CONTINUED SB 852 Page 5 SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED