BILL ANALYSIS �
AB 1120
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Date of Hearing: May 1, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1120 (Hagman) - As Amended: April 8, 2013
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill requires the Department of Justice (DOJ) to collect
the following data on persons charged with a felony and post it
on the DOJ website, absent personal identifiers.
1)The number released without being booked.
2)The number released on their own recognizance.
3)The number released on alternative custody prior to making
bail.
4)The code violation for each person arrested and released
pursuant to (1), (2) or (3).
FISCAL EFFECT
1)Significant one-time state costs, in excess of $1 million, to
the DOJ to establish the data base necessary to receive,
retain and report the required data. Ongoing costs would
likely be minor.
2)Presuming local law enforcement agencies agree to provide the
data to DOJ necessary to accomplish the requirements of this
bill, there would be significant ongoing nonreimbursable costs
to local law enforcement agencies, likely well in excess of $1
million, for staffing to track, compile and report data to the
DOJ.
Though this bill is not keyed a state mandate, it is not
likely to work unless local entities are required to compile
and report the data, which would make it a reimbursable
mandate.
AB 1120
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COMMENTS
1)Rationale . The author appears to be concerned that too many
persons charged with felonies are not being incarcerated or
not released on bail.
According to the author, "As a result of jail overcrowding,
many counties are increasing a practice known as citing and
releasing since they cannot hold them in their jails. By doing
this, individuals with felony charges are being released,
without supervision, back into the community. Currently, there
is no data or aggregate statistics collected by the Department
of Justice in regard to how many individuals are being cited
and released and for what crimes they are committing.
Therefore, this creates a serious problem in the ability to
properly evaluate the effectiveness of the prison realignment
plan?.
"This bill would increase transparency and public safety by
allowing individuals to see who is released in their counties.
Most importantly, this bill will provide a more comprehensive
perspective to the legislature while they evaluate the
effectiveness of the prison realignment plan."
2)The purpose of this bill is not clear , as it is not clear how
this aggregate information will be helpful, absent outcome
data related to disposition, sanction, and recidivism.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081