BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    SB 735        Hearing Date:    April 28, 2015    
          
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          |Author:    |Galgiani                                             |
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          |Version:   |February 27, 2015                                    |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|JRD                                                  |
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          Subject:  Postretirement Law Enforcement Officer Cold Case Grant  
 
                                       Program



          HISTORY

          Source:   Author

          Prior Legislation:None known

          Support:  Association of Deputy District Attorneys; Association  
                    for Los Angeles Deputy Sheriffs; California  
                    Association of Code Enforcement Officers; California  
                    College and University Police Chiefs Association;  
                    California Narcotic Officers Association; Crime  
                    Victims United; Los Angeles Police Protective League;  
                    Riverside Sheriffs Association  

          Opposition:None known

                     
          PURPOSE

          This purpose of this bill is to create and fund the  
          Postretirement Law Enforcement Officer Cold Case Grant Program,  
          as specified. 









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          Existing law defines "peace officer," as specified. (Penal Code  
          § 830, et seq.)  

          Existing law states that a retired person cannot serve, be  
          employed by, or be employed through a contract directly by, a  
          public employer in the same public retirement system from which  
          the retiree receives the benefit without reinstatement from  
          retirement, except:

                 A person who retires from a public employer may serve  
               without reinstatement from retirement or loss or  
               interruption of benefits provided by the retirement system  
               upon appointment by the appointing power of a public  
               employer either during an emergency to prevent stoppage of  
               public business or because the retired person has skills  
               needed to perform work of limited duration. 

                 Appointments cannot exceed a total for all employers in  
               that public retirement system of 960 hours or other  
               equivalent limit, in a calendar or fiscal year, depending  
               on the administrator of the system, as specified.


                 Any retired person is not eligible to serve or be  
               employed by a public employer if, during the 12-month  
               period prior to an appointment described in this section,  
               the retired person received any unemployment insurance  
               compensation arising out of prior employment subject to  
               this section with a public employer, as specified.

                 A retired person is not eligible to be employed pursuant  
               for a period of 180 days following the date of retirement  
               unless he or she meets specified conditions.

          (Government Code § 7522.56.)  
             
          This bill codifies findings declaring that retired law  
          enforcement officers are an invaluable resource for the  
          investigation and solution of unsolved cases, but these officers  
          are frequently unable to serve in this capacity because of lack  
          of available funding for local law enforcement agencies for this  
          purpose and because of state limits on postretirement service by  
          public employees.










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          This bill establishes the Postretirement Law Enforcement Officer  
          Cold Case Grant Program and would allow a local law enforcement  
          agency to apply to the Department of Justice (DOJ) for a grant  
          to fund the hiring of a retired law enforcement officer or  
          officers dedicated to work on unsolved cases, including, but not  
          limited to, the following:

                 Collection and recovery of evidence, including DNA  
               samples;
                 Interviewing witnesses and people of interest;
                 Researching unsolved cases to determine potential  
               connections and leads;
                 Providing knowledge and expertise in evaluating criminal  
               behavior relevant to particular cases; or
                 Data entry and analysis.

          This bill requires the DOJ to administer the grant program  
          established in this legislation and to establish the guidelines  
          it deems necessary for the administration of the program.  The  
          guidelines must set forth the terms and conditions upon which  
          the department is prepared to offer grant of funds.  It also  
          requires all applications be reviewed and evaluated by the DOJ  
          and grants be awarded on the basis of need, consistency with the  
          requirements of this chapter, and department rules and  
          guidelines.

          This bill requires grant funds received by applicants be used to  
          fund officer positions and not to supplant local funds.   
          Administrative costs associated with a position funded by the  
          grant program shall be absorbed by the applicant.

          This bill appropriates funds from the General Fund to the DOJ  
          for the purpose of implementing the Postretirement Law  
          Enforcement Officer Cold Case Grant Program.<1>   

          This bill states that service, compensation, or any other limits  
          on a person receiving a pension benefit do not apply to a law  
          enforcement officer whose position is funded by a grant awarded  
          pursuant to this chapter.


                     RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION


                             ---------------------------
          <1> The legislation does not currently state the amount of  
          funding that will be appropriated.  








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          For the past eight years, this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In February of this year the administration reported that as "of  
          February 11, 2015, 112,993 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.6% of design bed  
          capacity, and 8,828 inmates were housed in out-of-state  
          facilities.  This current population is now below the  
          court-ordered reduction to 137.5% of design bed capacity."(  
          Defendants' February 2015 Status Report In Response To February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).

          While significant gains have been made in reducing the prison  
          population, the state now must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  









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               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.


          COMMENTS

          1.  Need for Legislation

          According to the Author: 

               Currently, nationwide there are as many as 100,000  
               active missing persons cases at any given time.   
               According to the National Missing and Unidentified  
               Persons System at the United States Department of  
               Justice, 4,400 unidentified remains are found every  
               year and over 1,000 of these remain unidentified  
               after one year. There are up to 40,000 human remains  
               that are unidentified at this time.  
               (http://www.namus.gov/about.htm).

               Senate Bill 735 would establish the Postretirement  
               Law Enforcement Officer Cold Case Grant Program for  
               the purpose of funding the hiring of retired law  
               enforcement officers whose employment would be  
               dedicated to work on unsolved cases. Retired officers  
               have a unique skill set with regards to these cases.  
               Many passionate members of law enforcement have  
               worked these cold cases for years and have an  
               in-depth understanding of the nuances involved in  
               this line of work.

               In order to assist in bringing lost loved ones home  
               to their families, California should look to maximize  
               the potential of using retired officers. 











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          2.  Effect of Legislation



          This legislation establishes the Postretirement Law Enforcement  
          Officer Cold Case Grant Program and would allow a local law  
          enforcement agency to apply to the DOJ for a grant to fund the  
          hiring of a retired law enforcement officer or officers  
          dedicated to work on unsolved cases.  While local law  
          enforcement agencies can currently employ retired peace  
          officers, there are limitations on when they can be hired and  
          these peace officers are only allowed to work 960 hours per  
          fiscal year.  This legislation exempts retired annuitants, who  
          are paid with grant money from the new program, from these  
          limitations. 





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