BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 852
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          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        
           
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          |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.  








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          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.








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          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  
           








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