BILL ANALYSIS Ó SENATE COMMITTEE ON PUBLIC SAFETY Senator Loni Hancock, Chair A 2013-2014 Regular Session B 1 5 1 AB 1511 (Beth Gaines) 1 As Amended June 3, 2014 Hearing date: June 10, 2014 Penal Code MK:sl CRIMINAL HISTORY INFORMATION: ANIMAL CONTROL OFFICERS HISTORY Source: Charlotte Marcum-Rush Prior Legislation: None Support: American Society for the Prevention of Cruelty to Animals; Los Angeles District Attorney's Office; City of Sacramento Opposition:None known Assembly Floor Vote: Ayes 78 - Noes 0 KEY ISSUE SHOULD THE DOJ AND LOCAL CRIMINAL JUSTICE AGENCIES BE PERMITTED TO FURNISH STATE AND LOCAL SUMMARY CRIMINAL HISTORY INFORMATION TO AN ANIMAL CONTROL OFFICER UPON A SHOWING OF A COMPELLING NEED? PURPOSE (More) AB 1511 (Beth Gaines) Page 2 The purpose of this bill is to allow the Department of Justice (DOJ) and local criminal justice agencies to furnish state and local summary criminal history information to an animal control officer (ACO) upon a showing of a compelling need. Existing law requires the Department of Justice (DOJ) to maintain state summary criminal history information. (Penal Code § 11105(a).) Existing law authorizes DOJ to furnish state summary criminal history information to the following specified entities: the courts of California; peace officers, as defined; district attorneys of California; prosecuting city attorneys; city attorneys pursuing civil gang injunctions or drug abatement actions; probation officers of California; parole officers of California; a public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon; a public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension proceeding, and if authorized access by statutory or decisional law; any agency, officer, or official of the state if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct; any city or county, city and county, district, or any (More) AB 1511 (Beth Gaines) Page 3 officer or official thereof if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the criminal history information is required to implement a statute, ordinance, or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct; the subject of the state summary criminal history information; any person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct; Health officers of a city, county, city and county, or district when in the performance of their official duties preventing the spread of communicable diseases; any managing or supervising correctional officer of a county jail or other county correctional facility; any humane society, or society for the prevention of cruelty to animals for the appointment of humane officers; local child support agencies; county child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information for the specified purposes; the court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state as specified; child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state as specified; an officer providing conservatorship investigations; a person authorized to conduct a guardianship (More) AB 1511 (Beth Gaines) Page 4 investigation; and, a humane officer for the purposes of performing his or her duties. (Penal Code § 11105 (b).) Existing law states that DOJ may furnish state summary criminal history information, when specifically authorized, and federal-level criminal history information upon a showing of compelling need to any of the specified agencies, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, the employer must follow restrictions listed in the Labor Code. (Penal Code § 11105(c).) Existing law states, notwithstanding any other law, a human resource agency or an employer may request from DOJ records of all convictions or any arrest pending adjudication involving the offenses specified of a person who applies for a license, employment, or volunteer position, in which he or she would have supervisory or disciplinary power over a minor or any person under his or her care. Requires DOJ to furnish the information to the requesting employer and also send a copy of the information to the applicant. (Penal Code § 11105.3(a).) Existing law authorizes any local criminal justice agency as defined to compile local summary criminal history information and requires the local criminal justice agency to furnish this information to any of the specified entities. (Penal Code § 13300.) This bill allows the DOJ or local criminal justice agencies to supply criminal history information to an animal control officer, as defined, for the purpose of performing his or her duties and upon a showing of a compelling need. RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION For the last several years, severe overcrowding in California's prisons has been the focus of evolving and expensive litigation (More) AB 1511 (Beth Gaines) Page 5 relating to conditions of confinement. On May 23, 2011, the United States Supreme Court ordered California to reduce its prison population to 137.5 percent of design capacity within two years from the date of its ruling, subject to the right of the state to seek modifications in appropriate circumstances. Beginning in early 2007, Senate leadership initiated a policy to hold legislative proposals which could further aggravate the prison overcrowding crisis through new or expanded felony prosecutions. Under the resulting policy, known as "ROCA" (which stands for "Receivership/ Overcrowding Crisis Aggravation"), the Committee held measures that created a new felony, expanded the scope or penalty of an existing felony, or otherwise increased the application of a felony in a manner which could exacerbate the prison overcrowding crisis. Under these principles, ROCA was applied as a content-neutral, provisional measure necessary to ensure that the Legislature did not erode progress towards reducing prison overcrowding by passing legislation, which would increase the prison population. In January of 2013, just over a year after the enactment of the historic Public Safety Realignment Act of 2011, the State of California filed court documents seeking to vacate or modify the federal court order requiring the state to reduce its prison population to 137.5 percent of design capacity. The State submitted that the, ". . . population in the State's 33 prisons has been reduced by over 24,000 inmates since October 2011 when public safety realignment went into effect, by more than 36,000 inmates compared to the 2008 population . . . , and by nearly 42,000 inmates since 2006 . . . ." Plaintiffs opposed the state's motion, arguing that, "California prisons, which currently average 150% of capacity, and reach as high as 185% of capacity at one prison, continue to deliver health care that is constitutionally deficient." In an order dated January 29, 2013, the federal court granted the state a six-month extension to achieve the 137.5 % inmate population cap by December 31, 2013. The Three-Judge Court then ordered, on April 11, 2013, the state of California to "immediately take all steps necessary to comply (More) AB 1511 (Beth Gaines) Page 6 with this Court's . . . Order . . . requiring defendants to reduce overall prison population to 137.5% design capacity by December 31, 2013." On September 16, 2013, the State asked the Court to extend that deadline to December 31, 2016. In response, the Court extended the deadline first to January 27, 2014 and then February 24, 2014, and ordered the parties to enter into a meet-and-confer process to "explore how defendants can comply with this Court's June 20, 2013 Order, including means and dates by which such compliance can be expedited or accomplished and how this Court can ensure a durable solution to the prison crowding problem." The parties were not able to reach an agreement during the meet-and-confer process. As a result, the Court ordered briefing on the State's requested extension and, on February 10, 2014, issued an order extending the deadline to reduce the in-state adult institution population to 137.5% design capacity to February 28, 2016. The order requires the state to meet the following interim and final population reduction benchmarks: 143% of design bed capacity by June 30, 2014; 141.5% of design bed capacity by February 28, 2015; and, 137.5% of design bed capacity by February 28, 2016. If a benchmark is missed the Compliance Officer (a position created by the February 10, 2016 order) can order the release of inmates to bring the State into compliance with that benchmark. In a status report to the Court dated May 15, 2014, the state reported that as of May 14, 2014, 116,428 inmates were housed in the State's 34 adult institutions, which amounts to 140.8% of design bed capacity, and 8,650 inmates were housed in out-of-state facilities. The ongoing prison overcrowding litigation indicates that prison capacity and related issues concerning conditions of confinement remain unresolved. While real gains in reducing the prison population have been made, even greater reductions may be required to meet the orders of the federal court. Therefore, the Committee's consideration of ROCA bills -bills that may (More) AB 1511 (Beth Gaines) Page 7 impact the prison population - will be informed by the following questions: Whether a measure erodes realignment and impacts the prison population; Whether a measure addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction; Whether a bill corrects a constitutional infirmity or legislative drafting error; Whether a measure proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy; and, Whether a bill addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy. COMMENTS 1. Need for The bill According to the author: In today's society, owning pets is almost universal. In performing their duties, animal control officers interact with members of the community from every background and walk of life much like peace officers. Unfortunately not all those they interact with on a day to day basis are upstanding citizens. They often work on complex criminal cases alone or in concert with local law enforcement. Animal control officers, however, lacking status as traditional peace officers, often do not have the same protections. Under current law, animal control officers are not afforded access to detailed criminal histories as traditional law enforcement officers, even though they are often encountering the same individuals. Most ACOs do not carry firearms, stun guns, batons or other personal protection devices. (More) AB 1511 (Beth Gaines) Page 8 AB 1511 would amend existing law to allow Animal Control Officers the ability to request local and state criminal history summaries from the Department of Justice and local agencies based upon showing a compelling need. By affording this information to ACOs, law enforcement can then prioritize their resources to accompany ACOs to the most dangerous areas. (More) The bill would also permit the agencies to charge a reasonable fee to sufficiently cover the costs associated with providing such information. 2. Access to Criminal History Information by Animal Control Officer Existing law sets forth who is authorized to receive criminal history information compiled by the DOJ or by local agencies. Those authorized to receive the information include humane officers. This bill would give animal control officers the right to receive that information to be used in the performance of their duties when they show a compelling need. Supporters argue that animal control officers and humane officers are similarly situated and since current law authorizes humane officers access to state and local summary criminal history information, animal control officers should be provided that same access. Animal control officers' duties are not prescribed by state law, they are tasked, generally speaking, with animal control and compliance functions. Alternatively, humane officers are employed by a humane society or a society for the prevention of cruelty to animals and are statutorily tasked to prevent animal cruelty, using reasonable force if necessary to accomplish their duties. (Corp. Code, §14502, subds. (a) & (h).) To be appointed a humane officer, a person must undergo a criminal background check, file a petition for order confirming the appointment that must be served to the local police department, local sheriff's department, Department of California Highway Patrol, State Humane Association of California, local animal control agency, and DOJ, all of who have the right to oppose the petition, and take and subscribe the oath of office prescribed for peace officers. (Corp. Code, § 14502, subd. (b).) Additionally, state law requires that all humane officers furnish a set of fingerprints to DOJ and the Federal Bureau of Investigation to be kept on file and "[b]e of good moral (More) AB 1511 (Beth Gaines) Page 10 character, as determined by a thorough background check." (Corp. Code, § 14502, subd. (h); Gov. Code, §§ 1030 & 1031.) Humane officers also must be removed from their position upon the occurrence of any one of a list of specified condition, such as the conviction of a felony or finding that the person is mentally incompetent or being adjudged addicted or in danger of becoming addicted to narcotics. (Corp. Code, § 14502, subd. (h); Gov. Code, § 1029.) No such similar requirements are placed on animal control officers. This bill distinguishes animal control officers from humane officers by requiring the animal control officers make a showing of compelling need before accessing state criminal history information from the DOJ. 3. Argument in Support The American Society for the Prevention of Cruelty to Animals supports this bill stating: AB 1511 recognizes the dangers animal control officers face by authorizing the Department of Justice and local criminal justice organizations to provide access to criminal background information to ACOs. Knowing this information is critical in keeping animal control officers safe as they seek to enforce the animal welfare laws throughout their communities. ***************