BILL ANALYSIS Ó SB 852 Page 1 SENATE THIRD READING SB 852 (Harman) As Amended May 31, 2011 3/4 vote. Urgency SENATE VOTE :39-0 PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Ammiano, Knight, Cedillo, |Ayes:|Fuentes, Harkey, | | |Hagman, Hill, Mitchell, | |Blumenfield, Bradford, | | |Skinner | |Charles Calderon, Campos, | | | | |Davis, Donnelly, Gatto, | | | | |Hall, Hill, Lara, | | | | |Mitchell, Nielsen, Norby, | | | | |Solorio, Wagner | ----------------------------------------------------------------- SUMMARY : Authorizes a crime victim to request the option of being notified of an offender's custody status by electronic mail, if that method is available, and makes numerous conforming changes. EXISTING LAW : 1)Requires the Board of Parole Hearings (BPH), upon request, to notify any victims of any crime committed by the prisoner, or the next of kin if the victim has died, at least 90 days before any hearing to review or consider the parole suitability or the setting of a parole date for any prisoner in a state prison. 2)States that, upon request, the victim of a domestic violence crime, as specified, shall be notified of the release of the parolee and the parolee's location and parole agent or officer. 3)States that the victim or next of kin to the victim is entitled to be notified, upon request, of any parole eligibility hearing and of the right to appear, either personally or by other means specified, to reasonably express his or her views, and to have his or her statements considered. SB 852 Page 2 4)Requires the county district attorney, probation department and victim-witness coordinator confer and establish an annual policy to decide, for convictions involving a violent offense, as specified, which one of their agencies shall inform each witness who was threatened by the defendant following the defendant's arrest, and each victim or next of kin of the victim of that offense of the right to request and receive a notice of any hearing to review or consider the parole suitability or the setting of a parole date for any prisoner in a state prison. 5)Provides that the sheriff or the chief of police when notified as to the pending release of a violent felon may notify an appropriate person of a pending release. 6)Requires the California Department of Corrections and Rehabilitation (CDCR) to send a notice to a victim or witness who has requested notification that a person convicted of a violent felony is scheduled to be released. 7)Provides that CDCR, county sheriff, or director of the local department of corrections shall give notice not less than 15 days prior to the release from the state prison or a county jail of any person who is convicted of stalking or convicted of a felony offense involving domestic violence, as specified, or any change in the parole status or relevant change in the parole location of the convicted person, or if the convicted person either escapes or absconds from supervision while on parole, to any person the court identifies as a victim of the offense, a family member of the victim, or a witness to the offense by telephone and certified mail at his or her last known address, upon request. A victim, family member, or witness shall keep the Department of Corrections or county sheriff informed of his or her current mailing address and telephone number to be entitled to receive notice. FISCAL EFFECT : According to the Assembly Appropriations Committee: 1)Annual costs of about $275,000 to cover the cost of the contract CDCR has entered into with Appriss, Inc., to provide the Statewide Automated Victim Information & Notification System (SAVIN) to CDCR. SB 852 Page 3 CDCR indicates these costs are to be paid from the Restitution Fee Special Deposit Fund (SDF), which is currently used to offset CDCR's administrative costs related to restitution collection. According to CDCR, the SDF balance is about $2.5 million and the redirection of this amount from the SDF is expected to assist CDCR's restitution efforts as victims contact information will be stored via the new data system. CDCR received a $500,000 federal grant, matched by CDCR, in 2009 for development and installation of the California Victim Information and Notification Everyday (VINE) program. Subsequent ongoing costs, beginning this fiscal year, will be paid from the SDF. 2)Unknown potential moderate General Fund savings to the extent that a more automated victim notification system reduces personnel costs and increases efficiencies. COMMENTS : According to the author, "SB 852 would allow 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, SB 852 will ensure 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 VINE application. Existing law must be amended for CDCR to be able to implement this system." Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744 SB 852 Page 4 FN: 0002203