BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 2524 (Irwin) - OpenJustice Data Act of 2016 ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: May 31, 2016 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 1, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- 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 AB 2524 (Irwin) Page 1 of ? 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. AB 2524 (Irwin) Page 2 of ? 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 AB 2524 (Irwin) Page 3 of ? 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. AB 2524 (Irwin) Page 4 of ? 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. AB 2524 (Irwin) Page 5 of ? 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 AB 2524 (Irwin) Page 6 of ? 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 AB 2524 (Irwin) Page 7 of ? 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. AB 2524 (Irwin) Page 8 of ? -- END --