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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