BILL ANALYSIS Ó AB 1654 Page 1 Date of Hearing: April 6, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 1654 (Santiago) - As Amended March 15, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill: 1)Requires the California Department of Justice (DOJ) to provide guidance to private and public institutions of higher learning regarding student safety state laws. AB 1654 Page 2 2)Requires the State Auditor (Auditor), when auditing at least six colleges regarding their compliance with reporting requirements for campus crime statistics and campus security policies under federal Clery Act requirements, to also audit compliance with state law governing crime reporting and safety policies. FISCAL EFFECT: 1)DOJ annual cost in the $300,000 range (GF) for two staff to provide the guidance required. 2)Auditor cost in the $50,000 to $100,000 range (GF) for the additional work required, in addition to the work associated when a Clery audit is performed. COMMENTS: 1)Background. Current law requires, under the federal Title IX and the Clery Act, colleges and universities, as a condition of federal student aid program participation, to: a) Publish annual campus security reports, maintain crime logs, provide timely warnings of crimes that present a public safety risk, and maintain ongoing crime statistics; and, b) Establish certain rights for victims of sexual assault, including notification to victims of legal rights, availability of counselling, safety options for victims, and offering prevention and awareness programs. Current law also requires the Auditor to audit at least six colleges every three years regarding those institutions' compliance with the Clery Act's crime statistics reporting AB 1654 Page 3 requirements, and requires the State Auditor to report the aforementioned audit results to the respective Chairs of the Assembly Committee on Higher Education and the Senate Committee on Education. AB 1654 Page 4 2)Purpose. According to the author, "The State Auditor recently reviewed six California postsecondary institutions, finding that none were in full compliance with federal laws (the Clery and Reauthorization Acts) that require disclosure of campus crime statistics and campus security policies. The Auditor also surveyed 79 campuses, determining most provide security policies and crime statistics online but some lack notification of availability. AB 1654 directs the Department of Justice (DOJ) to provide guidance to institutions of higher education regarding compliance with the federal Clery and state laws regarding campus safety. The bill also requires the State Auditor to extend its existing statutory mandate requiring monitoring of compliance with the Clery Act to include monitoring of compliance with state laws regarding campus safety. This bill ensures California postsecondary institutions better comply with federal and state campus safety laws and will help students, parents, and employees make more informed decisions about campus safety." State law crime statistics and security procedures largely overlap with the federal reporting requirements. However, the Governor signed into law an affirmative consent standard for sexual assault complaints made on campus or campus-controlled facilities for every college or university receiving state funds. 3)Related Legislation: AB 1653 (Weber) has been introduced and has similar provisions requiring DOJ to provide guidance on federal reporting requirements. This bill has been referred to the Committee on Higher Education. 4)Prior Legislation: a) AB 913 (Santiago), Chapter 701, Statutes of 2015, AB 1654 Page 5 provides for changes to the written jurisdictional agreements between postsecondary educational institutions and local law enforcement. b) AB 1433 (Gatto), Chapter 798, Statutes of 2014, requires the governing board of each public, private and independent postsecondary educational institution, which receives public funds for student financial assistance, to adopt and implement written policies and procedures governing the reporting of specified crimes to law enforcement agencies. c) SB 967 (De León), Chapter 748, Statutes of 2014, specifies policies involving sexual assault, domestic violence, dating violence, and stalking that covered higher education institutions must adopt in order to be eligible for student financial assistance. Analysis Prepared by:Pedro Reyes / APPR. / (916) 319-2081