BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2417 (Cooley) - Child abuse reporting
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|Version: March 15, 2016 |Policy Vote: PUB. S. 7 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 1, 2016 |Consultant: Jolie Onodera |
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This bill does not meet the criteria for referral to the
Suspense File.
Bill
Summary: AB 2417 would prohibit the Department of Justice (DOJ)
from charging a fee to a Court Appointed Special Advocate (CASA)
program for state-level criminal offender record information.
Fiscal
Impact: Annual loss of revenue to the DOJ of about $100,000
(Special Fund*). Based on data indicating 3,244 submissions by
CASAs for background checks in 2015, the estimated fee revenue
loss would be $104,000 due to the prohibition from charging the
$32 fee.
*Fingerprint Fees Account - staff notes the Fingerprint Fees
Account has experienced an increasing reserve balance of several
million dollars each year over the past three years, with a
projected ending reserve balance of $46.4 million in FY 2016-17.
AB 2417 (Cooley) Page 1 of
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Background: Existing law provides that a designated CASA program is a
local court-appointed special advocate program that has adopted
and adheres to the guidelines established by the Judicial
Council and which has been designated by the local presiding
juvenile court judge to recruit, screen, select, train,
supervise, and support volunteers to be appointed by the court
to help define the best interests of children in juvenile court
dependency and wardship proceedings. Existing law provides there
shall be only one designated CASA program in each county. (PC §
11105.04 (e).)
Under existing law, a designated CASA program may submit to the
DOJ fingerprint images and related information of employment and
volunteer candidates for the purpose of obtaining information as
to the existence and nature of any record of child abuse
investigations contained in the Child Abuse Central Index,
state- or federal-level convictions, or state- or federal-level
arrests for which the DOJ establishes that the applicant was
released on bail or on his or her own recognizance pending
trial. (PC § 11105.04 (a).)
Under existing law, the DOJ is required to charge a fee
sufficient to cover the cost of processing the CASA requests for
state- and federal-level criminal offender record information.
(PC § 11105.4 (d).) However, existing law prohibits the DOJ from
charging a fee for fingerprint background checks for volunteer
mentors of children in the foster care system. (Health and
Safety Code § 1522.06.)
Proposed
Law: This bill would prohibit the DOJ from charging a fee to a
CASA program for state-level criminal offender record
information.
Prior
Legislation: AB 424 (B. Gaines) Chapter 71/2015 authorizes the
appointment of a CASA in a juvenile delinquency proceeding, and
provides that a CASA shall be considered court personnel for
purposes of inspecting the case file of a dependent child or
ward of the juvenile court.
Staff Comments: By prohibiting the DOJ from charging a fee to a
CASA program for state-level criminal offender record
information, this bill could result in an ongoing reduction in
fee revenue. Based on caseload information from the DOJ
AB 2417 (Cooley) Page 2 of
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indicating 3,244 submissions for fingerprints by CASAs in 2015,
the estimated fee revenue loss to the Fingerprint Fees Account
is about $100,000 annually based on the $32 fee per submission.
To the extent the imposition of the fee has been a barrier to
obtaining state-level criminal offender record information, the
volume of CASA submissions could increase in future years,
however, the extent of the potential increase is unknown. The
volume of submissions would have to increase by 50 percent
annually in order for the estimated revenue loss to exceed the
Suspense threshold of $150,000 annually (Special Funds).
Staff notes the Fingerprint Fees Account has experienced an
increasing reserve balance of several million dollars each year
over the past three years, with a projected ending reserve
balance of $46.4 million in FY 2016-17.
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