BILL ANALYSIS                                                                                                                                                                                                    Ó




           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        AB 439|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 


                                      CONSENT 


          Bill No:  AB 439
          Author:   Bloom (D)
          Amended:  4/8/15 in Assembly
          Vote:     21  

           SENATE JUDICIARY COMMITTEE:  7-0, 6/9/15
           AYES:  Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,  
            Wieckowski

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  77-0, 4/30/15 (Consent) - See last page for  
            vote

           SUBJECT:   Protective orders:  batterer's program


          SOURCE:    Executive Committee of the Family Law Section of the  
          State Bar

          DIGEST:   This bill requires a restrained party, who has been  
          ordered to participate in a batterer's program, to register for  
          the program by the deadline ordered by the court, or within 30  
          days if no deadline is indicated.  This bill requires that at  
          the time of enrollment, the restrained party sign all necessary  
          program consent forms for the program to release specified  
          documents, including attendance records, to the court and the  
          protected party, and to provide the court and the protected  
          party with specified information regarding the program. This  
          bill additionally requires the Judicial Council, by July 1,  
          2016, revise or promulgate forms as necessary to effectuate the  
          above provisions.

          ANALYSIS:
               








                                                                     AB 439  
                                                                    Page  2



          Existing law: 

          1)Authorizes a court, under the Domestic Violence Prevention  
            Act, to issue and enforce a domestic violence restraining  
            order, including an emergency protective order, a temporary  
            restraining order, and a permanent restraining order.  (Fam.  
            Code Sec. 6300 et seq.)  
          2)Provides that after notice and a hearing, a court may require  
            a restrained party to participate in a batterer's program  
            approved by the probation department, as provided.  (Fam. Code  
            Sec. 6343.)

          This bill:

          1)Provides, commencing July 1, 2016, that if the court orders a  
            restrained party to participate in a batterer's program  
            pursuant, the restrained party shall do all of the following:

                 Register for the program by the deadline ordered by the  
               court, but if no deadline is ordered by the court, the  
               restrained party shall register no later than 30 days from  
               the date the order was issued;

                 At the time of enrollment, sign all necessary program  
               consent forms for the program to release proof of  
               enrollment, attendance records, and completion or  
               termination reports to the court and the protected party,  
               or his or her attorney; and

                 Provide the court and the protected party with the name,  
               address, and telephone number of the program.

          1)Requires, by July 1, 2016, the Judicial Council to revise or  
            promulgate forms as necessary to effectuate the provisions  
            above.

          Background
          
          With the establishment of pro-arrest policies in the 1980s,  
          increasing numbers of batterers were seen in criminal courts  
          across the country. Initially, many batterers were sentenced to  
          jail.  Many victims began complaining that while they wanted the  








                                                                     AB 439  
                                                                    Page  3



          domestic violence to stop, they did not want their partners  
          incarcerated.  Thus, today most District Attorneys prosecute  
          domestic violence cases as misdemeanors, rather than as  
          felonies.  In order to hold batterers accountable without  
          sentencing them to jail time, many batterers are ordered to  
          participate in batterer's intervention programs. These 52-week  
          programs are at the center of California's criminal justice  
          response to domestic violence.  

          Although early evaluations suggested that batterer's  
          intervention programs reduced domestic violence, subsequent  
          studies showed little to no reduction.  This is, in part,  
          because so many participants fail to complete their programs.   
          Estimates of non-completion offered by probation officers is  
          somewhere between 30% and 50%, and the only county that tracks  
          this data reported a non-completion rate of 89%. ("Reducing  
          Domestic Violence and Other Criminal Recidivism: Effectiveness  
          of multilevel batterers intervention program." Coulter, Martha;  
          VandeWeerd, Carla, Source: Violence and Victims, Volume 24,  
          Number 2, 2009, p. 6.)  However, when batterers complete the  
          assigned programs, the risk of arrest, for both domestic  
          violence and other crimes, is lowered. (Id. at 139-152.) 

          Accordingly, the law now requires, that when a defendant is  
          convicted of criminal domestic violence, the court and the  
          probation department are notified when the defendant enrolls in  
          a court-ordered batterer's intervention program and also  
          notified if the defendant fails to complete the program.   
          However, when courts issue civil domestic violence prevention  
          orders, there is no corresponding requirement that the court be  
          informed of the batterer's enrollment in, or completion of, the  
          program. To help ensure that batterers complete court-ordered  
          programs in a timely manner, this bill requires a restrained  
          party register for a court-ordered program by the deadline  
          provided by the court, or within 30 days if no deadline is  
          indicated.  This bill also aids in data collection by requiring  
          that the restrained party sign all necessary program consent  
          forms for the program to release information, including  
          attendance records, to the court and the protected party.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No








                                                                     AB 439  
                                                                    Page  4





          SUPPORT:   (Verified6/22/15)


          Executive Committee of the Family Law Section of the State Bar  
          (source)
          California Partnership to End Domestic Violence
          California Police Chiefs Association


          OPPOSITION:   (Verified6/22/15)


          None received


          ARGUMENTS IN SUPPORT:      The Executive Committee of the Family  
          Law Section of the State Bar, sponsor of this bill, writes: 


            Under existing law, the victim of domestic violence does not  
            have a way of monitoring the restrained party's enrollment and  
            progress in a court ordered batterer's program.  The victim  
            and his or her attorney does not have any way of ensuring that  
            the restrained party has timely enrolled and completed the  
            program successfully.  Due to confidentiality, the program  
            will not release confirmation of the restrained party's  
            enrollment, attendance and either successful completion or  
            termination of the program.  And yet, this information is  
            shared in a criminal domestic violence case. This information  
            is necessary and important as it enables the court and the  
            victim to ascertain if the restrained party is taking steps to  
            address the issues and actions that led to the issuance of a  
            restraining order, and whether the restrained party is making  
            progress in the program.  Such information is valuable to the  
            court and the victim as it can provide the court with  
            information to protect the victim and allow the court to  
            continue monitoring the restrained party's progress and any  
            threat to the victim, as well as address any continued  
            restrictions or modifications to a parenting plan, to ensure  
            the protection of the minor children.








                                                                     AB 439  
                                                                    Page  5





          ASSEMBLY FLOOR:  77-0, 4/30/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,  
            Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,  
            Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gonzalez, Gordon, Gray, Grove,  
            Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Campos, Chávez, Gomez


          Prepared by:Nichole Rapier / JUD. / (916) 651-4113
          6/23/15 11:35:10


                                   ****  END  ****