BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 934
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          Date of Hearing:   May 8, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                    AB 934 (Cooley) - As Amended:  March 21, 2013 

          Policy Committee:                              Local  
          GovernmentVote:9-0

          Urgency:     No                   State Mandated Local Program:  
          Reimbursable:Yes

           SUMMARY  

          This bill requires local agencies to document a reasonable  
          effort to locate victims to whom restitution is owed.   
          Specifically, this bill:

          1)Requires a local agency to document that it has made a  
            reasonable effort to locate the victim to whom restitution is  
            owed before depositing funds into the Restitution Fund or  
            using those funds for victim services.

          2)Provides that, if the Commission on State Mandates determines  
            that this bill contains costs mandated by the state,  
            reimbursement to local agencies and school districts for those  
            costs shall be made pursuant to current law governing  
            state-mandated local costs.

           FISCAL EFFECT  

          Possible state costs in the tens of thousands of dollars to  
          reimburse local governments, chiefly counties, for victim  
          location efforts.  However, existing law allows a portion of the  
          restitution to be used to pay for administrative costs by the  
          agency attempting to contact the victim, reducing possible state  
          reimbursements for the local mandate. 

           COMMENTS  

           1)Purpose  .  Restitution is a right under the California  
            Constitution and California statute.  The author notes, this  
            right was most recently strengthened by the passage of Marsy's  
            Law, Proposition 9 of 2008, and it is clear that the will of  








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            the people in this state favors restitution to a crime victim.  
             According to the author's office, in July of 2011, the CDCR  
            made the Los Angeles District Attorney's office aware of  
            $217,555.48 that had gone undisbursed to nearly 4,000 crime  
            victims in Los Angeles County who had not been located.  In  
            one case, one victim was owed approximately $18,000.  

           2)Support.   Los Angeles County District Attorney Jackie Lacey,  
            the bill's sponsor, notes money may be collected on behalf of  
            victims by probation departments and prosecutors as well as  
            the state.  Due to realignment of the prison population,  
            increasing numbers of crime victims will rely on local  
            government rather than CDCR to collect restitution.  She  
            argues it is important to update this law to assure that crime  
            victims will receive the money that is owed to them.

           3)Background  .  Last year, the Legislature approved SB 1210  
            (Lieu), Chapter 762, Statutes of 2012, which requires courts  
            to assess a mandatory-supervision revocation fine in the same  
            amount as that imposed for a restitution fine, and authorizes  
            local agencies to collect.  This was part of California's  
            corrections realignment plan, which shifted responsibility  
            from the state to counties for the custody, treatment, and  
            supervision of individuals convicted of specified nonviolent,  
            non-serious, non-sex crimes. This bill is a follow-up measure  
            that requires local agencies to make a reasonable effort to  
            locate victims of crime who are owed restitution before the  
            local agency transfers unclaimed restitution funds to the  
            Restitution Fund or uses the funds for victim services.

            Also last year, the Legislature approved AB 2251 (Feuer),  
            Chapter 124, Statutes of 2012, which authorizes prosecutors to  
            send victim contact information to CDCR without the victim's  
            consent for purposes of distributing restitution.

           4)There is no registered opposition to this bill  .




           Analysis Prepared by  :    Roger Dunstan / APPR. / (916) 319-2081 












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