BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 2524 (Irwin) - OpenJustice Data Act of 2016
          
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          |Version: May 31, 2016           |Policy Vote: PUB. S. 7 - 0      |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: August 1, 2016    |Consultant: Jolie Onodera       |
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          This bill meets the criteria for referral to the Suspense File. 

          Bill  
          Summary:  AB 2524 would require the Department of Justice (DOJ)  
          to make available to the public its mandatory criminal justice  
          statistics reports through the OpenJustice web portal, to be  
          updated quarterly. This bill would require the DOJ to, on or  
          before January 1, 2021, transition all of California's crime  
          data from summary crime reporting to incident-based crime  
          reporting, through electronic means, as specified. This bill  
          would additionally require state and local crime reporting  
          agencies, commencing January 1, 2021, to submit crime data to  
          the DOJ only through electronic means. 


          Fiscal  
          Impact:  
            OpenJustice web portal  :  Potentially significant one-time and  
            near-term costs in the hundreds of thousands of dollars  
            (General Fund) to the DOJ for programming and staffing to  
            transition to quarterly reporting. Potential future  
            administrative cost savings as a portion of the workload  
            formerly required to collect, summarize, and report statewide  
            data will instead shift from the DOJ to state and local crime  







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            reporting agencies. However, if the transition to  
            incident-based crime reporting by local agencies is  
            permissive, which is unclear, the DOJ would incur significant  
            ongoing costs for data entry and processing to comply with the  
            bill's mandate to transition all of California's crime data to  
            incident-based crime reporting. Further, it is unclear whether  
            the mandate to transition all crime data has a retroactive  
            effect, requiring a transition of all summary crime reporting  
            data collected to date to be transitioned to incident-based  
            crime reporting, which would incur substantial workload.
            Data analytics tools  :  Unknown; potentially significant  
            one-time and ongoing future costs (General Fund) to meet the  
            mandate for DOJ to "use the latest advances in data science"  
            to interpret statistical data. This provision could  
            potentially require continual upgrades to software/hardware as  
            well as necessitate staff training, without any assurances  
            that the "latest advances" are necessarily proven, necessary,  
            or cost-effective.  
            Local agency data reporting  :  Potentially major one-time and  
            ongoing costs to local law enforcement agencies potentially in  
            excess of millions of dollars statewide to report data solely  
            through electronic means and to transition data from summary  
            to incident-based crime reporting. Additional costs for  
            computer systems, training, and data management on the process  
            could be required for some agencies. There are 482 cities and  
            58 counties in California. To the extent local agency  
            expenditures qualify as a reimbursable state mandate, agencies  
            could claim reimbursement of those costs (General Fund). While  
            costs could vary widely, for context, the Commission on State  
            Mandates' statewide cost estimate for Crime Statistics Reports  
            for the DOJ reflects eligible reimbursement of over $13.6  
            million per year for slightly over 50 percent of local  
            agencies reporting. This mandate has been suspended in the  
            annual Budget Act, however, by creating a blanket mandate to  
            report all crime data electronically, this bill not only adds  
            to existing mandates that have been suspended, but also adds  
            to newly enacted mandates that have yet to be subject to claim  
            reimbursement. It is also unclear whether the transition to  
            incident-based crime reporting by agencies is mandated or  
            permissive. To the extent federal funds (Federal Funds) are  
            provided as an incentive to local agencies, a portion of the  
            costs could be defrayed. Staff notes, however, that  
            participation in NIBRS is voluntary by crime reporting  
            agencies.








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            California Highway Patrol (CHP)  :  One-time costs of $1.5  
            million (Special Fund*) to support additional limited-term  
            staffing to transition to the new electronic data reporting  
            process.  
            Department of Corrections and Rehabilitation (CDCR)  :  One-time  
            and ongoing costs of $100,000 (General Fund) to transition to  
            and maintain the fully electronic system of reporting for all  
            35 institutions.
           
           *Motor Vehicle Account


          Background:  Existing law requires the DOJ to collect certain criminal  
          justice data from specified persons and agencies, and to present  
          an annual report to the Governor (Penal Code § 13010.)
          Under recently enacted legislation (AB 71(Rodriguez) Chapter  
          462/2015), each state and local agency that employs peace  
          officers is required to annually report to the Attorney General,  
          commencing January 1, 2017, on specified instances when a peace  
          officer employed by that agency is involved in a shooting of a  
          civilian or peace officer, or use of force incident.


          Additionally, AB 953 (Weber) Chapter 466/2015, the Racial and  
          Identity Profiling Act of 2015, requires law enforcement  
          agencies to report, under a phased-in schedule based on the size  
          of the agency, to DOJ data on all stops, as defined, conducted  
          by the agency's peace officers, and require that data to include  
          specified information, including the time, date, and location of  
          the stop, and the reason for the stop. 


          The legislative findings and declarations of this measure, in  
          part, state as follows:

             In 2015, the Attorney General announced the launch of  
             OpenJustice, a criminal justice Web portal that features  
             both an interactive dashboard that provides data  
             visualization with accompanying analysis and an open  
             data portal that publishes raw data. Reinventing the  
             department's crime reports as an Internet Web site  
             within the OpenJustice Web portal will enable the public  
             to receive dynamic, customized information that will  
             significantly strengthen trust, enhance government  








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             accountability, and support real-time public policy  
             decision making.

             Despite the many advantages of electronic data  
             collection, only approximately 40 percent of local law  
             enforcement agencies currently submit required data sets  
             through electronic means, impeding the ability of the  
             state to implement a uniform reporting structure through  
             which information is made available to the public more  
             frequently and more effectively. There are significant  
             public benefits in modernizing how public agencies  
             engage with data and in encouraging the adoption of  
             contemporary electronic technologies to reduce the  
             inefficiencies and environmental impacts of paper  
             recordkeeping.


          Proposed Law:  
           This bill would enact the OpenJustice Data Act of 2016, and  
          would require the DOJ to make available to the public its  
          mandatory criminal justice statistics through the OpenJustice  
          web portal, to be updated at least quarterly. This bill:
                 Eliminates DOJ's requirement to annually present a  
               report on criminal justice statistics to the Governor and  
               the Legislature, but requires that a downloadable summary  
               of this information to be annually prepared so that the  
               Attorney General may send a copy to the Governor and other  
               public officials. 
                 Specifies that the provisions of this bill shall not be  
               construed to require more frequent reporting by local  
               agencies than what is required by any other law.


                 Requires DOJ to add prosecutorial administrative actions  
               to its criminal justice statistics collection and  
               summaries. 


                 States that, on or before January 1, 2021, it shall be  
               the duty of DOJ to transition all of California's crime  
               data from summary crime reporting to incident-based crime  
               reporting, through electronic means, in alignment with the  
               federal National Incident-Based Reporting System.









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                 Requires DOJ to evaluate, on an annual basis, the  
               probability of meeting the January 1, 2021, implementation  
               deadline and report its findings to the Legislature  
               annually through 2019. 


                 Provides that local and state agencies that are unable  
               to meet this implementation deadline and that have  
               committed to transitioning to incident-based crime  
               reporting shall collaborate with DOJ to develop a  
               transition plan with a timeline for the transition. 


                 States that, commencing January 1, 2021, it shall be the  
               duty of DOJ to accept the collection of crime data from  
               local and state crime reporting agencies only through  
               electronic means. 


                 Requires, commencing January 1, 2021, local and state  
               crime reporting agencies to submit crime data to DOJ only  
               through electronic means. 


                 States that, on or before January 1, 2022, it shall be  
               the duty of DOJ to ensure that the statistical systems of  
               DOJ are electronic, allowing for criminal justice  
               statistical data to be updated more frequently than  
               annually on the OpenJustice web portal.


                 Requires statistical data collected pertaining to the  
               juvenile justice system to be made available to the public  
               through the OpenJustice web portal.


                 States that it is the duty of the DOJ to "use the latest  
               advances in data science" to give adequate interpretation  
               of the statistics and so to present the information that it  
               may be of value in guiding the policies of the Legislature  
               and others.










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                 Increases the frequency of reporting of hate crimes from  
               annually in report format to the Legislature to quarterly  
               through the OpenJustice web portal, including a  
               downloadable summary provided annually to the Legislature. 




          Related  
          Legislation:  AB 71 (Rodriguez) Chapter 462/2015 requires each  
          law enforcement agency to annually furnish to the DOJ, in a  
          manner defined and prescribed by the Attorney General, a report  
          of specified instances when a peace officer employed by that  
          agency is involved in a shooting of a civilian by a peace  
          officer or a shooting of a peace officer by a civilian, or a use  
          of force incident.
          AB 953 (Weber) Chapter 466/2015, the Racial and Identity  
          Profiling Act of 2015, requires each law enforcement agency to  
          annually furnish to the DOJ, data on all stops, as defined,  
          conducted by the agency's peace officers, and require that data  
          to include specified information, including the time, date, and  
          location of the stop, and the reason for the stop. AB 953  
          additionally establishes the Racial and Identity Profiling Act  
          Advisory Board, to eliminate racial and identity profiling and  
          improve diversity and racial and identity sensitivity in law  
          enforcement. 




          Staff  
          Comments:  The DOJ could potentially incur one-time and  
          near-term significant costs for programming and staffing to  
          transition from annual to quarterly reporting. To the extent the  
          submission of crime data electronically by state and local  
          agencies serves to alleviate in part the workload currently  
          imposed on the DOJ for data submitted by paper forms/cards,  
          future administrative cost savings could result.
          This bill requires each state and local crime reporting agency  
          to submit its crime data to the DOJ only through electronic  
          means commencing January 1, 2021. To the extent this requirement  
          is determined to create a higher level of service on local  
          agencies, local agencies could claim reimbursement from the  
          state for the increased costs. There are currently 482 cities  








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          and 58 counties in the State. While statewide costs cannot be  
          estimated with certainty, given the large number of local  
          agencies and the numerous types of data required to be reported  
          and retained electronically, these activities could result in  
          major one-time and ongoing costs, potentially in the millions of  
          dollars annually.

          The costs to individual agencies would vary widely and depend on  
          various factors, including but not limited to the size of the  
          agency, the volume of data to be reported electronically by the  
          agency, the current method of reporting the data (whether  
          currently electronic or paper), the workload involved to  
          transition to electronic reporting of the data, the extent of  
          training conducted by each agency, and the electronic storage  
          requirements for each agency. For example, while the workload  
          involved for an agency that already has an electronic data  
          collection and reporting process in place may only require  
          revisions to its existing process and minor training to its  
          officers on the changes, the workload  required for an agency  
          that submits data via paper forms would not only potentially  
          incur the costs of development of a new electronic system to  
          collect and report the information, the costs of which would be  
          dependent on how the agency decides to collect the data (whether  
          manually or electronically), but would also incur substantial  
          costs to test the system and train its officers. Whether through  
          manual or electronic collection, agencies at a minimum would  
          likely require the development of a central database and other  
          system enhancements to aggregate the data, report to the DOJ,  
          and retain the information.

          Additionally, this bill states it is the duty of the DOJ to  
          transition  all  of California's crime data from summary crime  
          reporting to incident-based crime reporting through electronic  
          means on or before January 1, 2021, and provides that agencies  
          that are unable to meet this timeline and have committed to  
          transition to incident-based crime reporting shall collaborate  
          with the DOJ to develop a transition plan. It is unclear whether  
          the transition to incident-based crime reporting is required or  
          permissive on the part of state and local crime reporting  
          agencies, although the mandate to fully transition to  
          incident-based crime reporting on the part of the DOJ is clear.  
          To the extent state and local agencies are required to  
          transition to incident-based crime reporting, the additional  
          workload to local agencies would potentially be subject to  








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          reimbursement by the state. Alternatively, if permissive to  
          local agencies, the additional workload would be  
          non-reimbursable for those local agencies that elect to  
          transition to incident-based crime reporting, or the workload  
          would fall to the DOJ for state and local agencies that elect  
          not to transition to incident-based crime reporting.   

          According to the Federal Bureau of Investigations (FBI) fact  
          sheet on the National Incident-Based Reporting System (NIBRS),  
          which is voluntary, incident-based versus summary uniform crime  
          reporting (UCR) differs in that incident-based reporting has  
          much more detailed, accurate, and meaningful information in the  
          system than the traditional summary reporting system. For  
          example, the summary system does not differentiate between  
          attempted and completed offenses, whereas the incident-based  
          system does. Additionally, in the case of multiple offenses  
          committed, under the summary reporting system only the most  
          serious offense is reported, whereas all of the offenses are  
          reported within the same incident under the incident-based  
          reporting system. Based on 2013 data submissions, the FBI had  
          certified 33 states to report data via NIBRS.

          Although participation in an incident-based crime reporting  
          system should not place a significant new burden on officers  
          preparing incident and arrest reports, because the data to be  
          extracted from the reports are more detailed than under the  
          summary reporting system, significant increased data entry and  
          data processing burdens are involved. As noted in the FBI  
          information on NIBRS, "Therefore, agencies wishing to  
          participate should have sufficient data processing and other  
          resources to fulfill all of the reporting requirements ?" 

          Recommended Amendments:  To the extent the mandate to transition  
          all of California's crime data from summary crime reporting to  
          incident-based crime reporting is intended to impact crime data  
          reported on a prospective basis only, the author may wish to  
          consider an amendment to clarify this intent.


          To reduce costs, the author may wish to consider amendments to  
          remove the mandate on the DOJ to "use the latest advances in  
          data science" to interpret statistical data," as well as clarify  
          that the transition to incident-based crime reporting on the  
          part of state and local crime reporting agencies is voluntary.








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