BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          Bill No:    SB 753        Hearing Date:    April 21, 2015    
          
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          |Author:    |Nielsen                                              |
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          |Version:   |February 27, 2015                                    |
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          |Urgency:   |Yes                    |Fiscal:    |Yes              |
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          |Consultant:|AA                                                   |
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          Subject:  Criminal Justice Reinvestment Assessment Grant Program  
 
                                       of 2015



          HISTORY

          Source:   Author

          Prior Legislation:SB 1097 (Nielsen) - 2014, died in Senate  
          Appropriations

          Support:  Unknown

          Opposition:None Known

                                                


          PURPOSE

          The purpose of this bill is to establish funding and a  
          framework, established through the Board of State and Community  
          Corrections, for collecting and compiling data concerning  
          criminal offenders who were "realigned" pursuant to AB 109 in  
          2011, as specified.

          Under current law, "crimes and public offenses" include  








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          felonies, misdemeanors, and infractions.  (Penal Code § 16).   
          Under current law, a felony is a crime punishable by death, by  
          imprisonment in state prison, or by imprisonment in county jail,  
          as specified.  (See Penal Code §§ 190 et seq.; 1170); every  
          other crime or public offense is a misdemeanor "except those  
          offenses that are classified as infractions."  (Penal Code §  
          17(a).)

          Current law provides that the Attorney General is the head of  
          the Department of Justice ("DOJ").  (Government Code § 12510.)

          Current law requires DOJ "present to the Governor, on or before  
          July 1st, an annual report containing the criminal statistics of  
          the preceding calendar year and to present at other times as the  
          Attorney General may approve reports on special aspects of  
          criminal statistics.  A sufficient number of copies of all  
          reports shall be prepared to enable the Attorney General to send  
          a copy to all public officials in the state dealing with  
          criminals and to distribute them generally in channels where  
          they will add to the public enlightenment."  (Penal Code §  
          13010(g).)

          Current law requires this report to contain statistics showing  
          all of the following:

               (a)    The amount and the types of offenses known to the  
                 public authorities;

               (b)    The personal and social characteristics of criminals  
                 and delinquents;

               (c)    The administrative actions taken by law enforcement,  
                 judicial, penal, and correctional agencies or  
                 institutions, including those in the juvenile justice  
                 system, in dealing with criminals or delinquents;

               (d)    The administrative actions taken by law enforcement,  
                 prosecutorial, judicial, penal, and correctional  
                 agencies, including those in the juvenile justice system,  
                 in dealing with minors who are the subject of a petition  
                 or hearing in the juvenile court to transfer their case  
                 to the jurisdiction of an adult criminal court or whose  
                 cases are directly filed or otherwise initiated in an  









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                 adult criminal court; and

               (e)    The number of citizens' complaints received by law  
                 enforcement agencies under Section 832.5.  These  
                 statistics shall indicate the total number of these  
                 complaints, the number alleging criminal conduct of  
                 either a felony or misdemeanor, and the number sustained  
                 in each category.  The report shall not contain a  
                 reference to any individual agency but shall be by gross  
                 numbers only.

          It shall be the duty of the DOJ 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 of  
          those in charge of the apprehension, prosecution, and treatment  
          of the criminals and delinquents, or concerned with the  
          prevention of crime and delinquency.  The report shall also  
          include statistics which are comparable with national uniform  
          criminal statistics published by federal bureaus or departments  
          heretofore mentioned.  (Penal Code § 13012.)

          Current law establishes the "Board of State and Community  
          Corrections" ("BSCC"), with the following mission:    

               The mission of the board shall include providing  
               statewide leadership, coordination, and technical  
               assistance to promote effective state and local  
               efforts and partnerships in California's adult and  
               juvenile criminal justice system, including addressing  
               gang problems.  This mission shall reflect the  
               principle of aligning fiscal policy and correctional  
               practices, including, but not limited to prevention,  
               intervention, suppression, supervision, and  
               incapacitation, to promote a justice investment  
               strategy that fits each county and is consistent with  
               the integrated statewide goal of improved public  
               safety through cost-effective, promising, and  
               evidence-based strategies for managing criminal  
               justice populations.  (Penal Code § 6024(b).)

          Current law enumerates the duties of the BSCC, including the  
          following with respect to data collection and analysis:










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                 "Collect and maintain available information and data  
               about state and community correctional policies, practices,  
               capacities, and needs, including, but not limited to,  
               prevention, intervention, suppression, supervision, and  
               incapacitation, as they relate to both adult corrections,  
               juvenile justice, and gang problems.  "The board shall seek  
               to collect and make publicly available up-to-date data and  
               information reflecting the impact of state and community  
               correctional, juvenile justice, and gang-related policies  
               and practices enacted in the state, as well as information  
               and data concerning promising and evidence-based practices  
               from other jurisdictions;"

                 Develop recommendations for the improvement of criminal  
               justice and delinquency and gang prevention activity  
               throughout the state;

                 Identify, promote, and provide technical assistance  
               relating to evidence-based programs, practices, and  
               promising and innovative projects consistent with the  
               mission of the board;

                 Develop definitions of key terms, including, but not  
               limited to, "recidivism," "average daily population,"  
               "treatment program completion rates," and any other terms  
               deemed relevant in order to facilitate consistency in local  
               data collection, evaluation, and implementation of  
               evidence-based practices, promising evidence-based  
               practices, and evidence-based programs, as specified;   

                 Cooperate with and render technical assistance to the  
               Legislature, state agencies, units of general local  
               government, combinations of those units, or other public or  
               private agencies, organizations, or institutions in matters  
               relating to criminal justice and delinquency prevention;

                 Conduct evaluation studies of the programs and  
               activities assisted by the federal acts;

                 Identify and evaluate state, local, and federal gang and  
               youth violence suppression, intervention, and prevention  
               programs and strategies, along with funding for those  
               efforts, as specified; 









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                 Collect county realignment plans, as specified, and  
               analyze and report on "available data regarding the  
               implementation of the local plans and other outcome-based  
               measures," as specified; and,  

                 Support the development and implementation of first  
               phase baseline and ongoing data collection instruments to  
               reflect the local impact of realignment, specifically  
               related to dispositions for felony offenders and  
               postrelease community supervision, including making any  
               data collected in this regard available on the BSCC Web  
               site, as specified.  (Penal Code § 6027(a) and (b).)

          Current law additionally authorizes the BSCC to:

                 Collect, evaluate, publish, and disseminate statistics  
               and other information on the condition and progress of  
               criminal justice in the state; and

                 Perform other functions and duties as required by  
               federal acts, rules, regulations, or guidelines in acting  
               as the administrative office of the state planning agency  
               for distribution of federal grants.  (Penal Code §  
               6027(c).)

          This bill would establish the "Criminal Justice Reinvestment  
          Assessment Grant Program of 2015" ("Program"), with specified  
          purposes, requirements and features described below.

          Administration and Purpose

          This bill would require that the program be administered by  
          BSCC.

          This bill would provide that the purpose of the program is to  
          establish and implement "reporting systems to identify and  
          expand programs that provide proven, evidence-based, local  
          programming opportunities for the successful reintegration of  
          offenders into society."

          This bill would require BSCC to "award grants to assist counties  
          with the creation or expansion of infrastructure that allows  









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          each county to consistently collect and report criminal justice  
          information" enumerated by this bill.

          

          Local Information Collection and Reporting Requirements

          This bill would require that, on or before June 1, 2015, each  
          local community corrections partnership<1> shall report to BSCC  
          on the county's capacity to collect and report the data required  
          by this bill, as enumerated below.  

          This bill would require that this report "include a local plan  
          that identifies the additional resources necessary for that  
          county to consistently collect and report criminal justice  
          information" required by this bill.    

          BSCC Review and Granting Authority

          This bill would require BSCC to review each county's capacity  
          assessment, and "prioritize and award grants" pursuant to the  
          standards described below.  

          This bill would require BSCC to "establish minimum standards,  
          funding schedules, and procedures for awarding grants, which  
          shall take into consideration, but not be limited to, all of the  
          following:

          (a) Size of the county.

          (b) Demonstrated efforts to report data prior to January 1,  
          2017.

          (c) Demonstrated ability to report data prior to January 1,  
          2017." 

          This bill would require BSCC to "give preference to counties  
          that have demonstrated efforts to independently collect data on  
          a countywide basis."


          ---------------------------
          <1> Specifically, established pursuant to Penal Code Section  
          1230.









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          This bill would require that funding "shall be used to  
          supplement, rather than supplant, existing programs.  Grant  
          funds shall be used for programs that are identified in the  
          local plan . . . ." 

          BSCC Reporting

          This bill would require BSCC to "submit to the Legislature on or  
          before June 15, 2016, a report detailing the estimated need,  
          cost, and schedule for each county to consistently collect and  
          report criminal justice information as required by (this bill) .  
          . . .  "

          This bill would require BSCC to compile the local reports of the  
          data specified below concerning persons convicted of jail  
          felonies and, by May 15, 2016, and by May 15 of each year  
          thereafter, make a report to the Governor and the Legislature  
          that summarizes the data reported by the counties.  

          This bill would require BSCC to compile the local reports of the  
          data specified below concerning persons released from prison and  
          subject to Post release Community Supervision and, by May 15,  
          2016, and by May 15 of each year thereafter, make a report to  
          the Governor and the Legislature that summarizes the data  
          reported by the counties pursuant to subdivision (a).  

          Data To Be Reported

          This bill would require that on or before January 1, 2016, and  
          annually each year thereafter, each county shall report  
          specified data to BSCC in a format prescribed by BSCC. 

          This bill would require BSCC to "specify and define minimum  
          required reporting which shall include, but not be limited to,  
          the following for each individual sentenced" as a jail felon  
          (specifically, sentenced pursuant to Penal Code section  
          1170(h)):  

          (1) Individual identifiers;

          (2) County identifiers;

          (3) Date of birth;









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          (4) Gender;

          (5) Race or ethnicity;

          (6) Age at first arrest;

          (7) Conviction offense;

          (8) Sanction or sentence received;

          (9) Total jail time served;

          (10) Release status;

          (11) Violations of probation;

          (12) Rearrests;

          (13) Reconvictions;

          (14) Any other return to custody;

          (15) Use of flash incarceration;

          (16) Assessed risk level;

          (17) Participation in pretrial programs;

          (18) Participation in specialty court;

          (19) Participation in day reporting release programs;

          (20) Participation in electronic monitoring programs;

          (21) Participation in community service release programs;

          (22) Participation in work release programs;

          (23) Participation in intensive probation supervision;

          (24) Needs assessment;










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          (25) Any reentry programming provided;

          (26) Participation in cognitive behavioral therapy and whether  
          the individual has completed or failed to complete the therapy's  
          requirements;

          (27) Participation in mental health treatment and whether the  
          individual has completed or failed to complete the treatment's  
          requirements;

          (28) Participation in substance abuse treatment and whether the  
          individual has completed or failed to complete the treatment's  
          requirements;

          (29) Participation in gender-specific programming; 

          (30) Participation in family programming;

          (31) Any health care assistance provided;

          (32) Any housing assistance provided;

          (33) Any income support provided;

          (34) Any employment assistance provided;

          (35) Any vocational training assistance provided;

          (36) Any educational enrollment assistance provided;

          (37) Any mentoring programming provided; and,

          (38) Any peer support programming provided.

          This bill would require that, on or before January 1, 2016, and  
          annually each year thereafter, each county shall provide  
          specified data to BSCC in a format prescribed by BSCC.  This  
          bill would require BSCC to specify and define minimum required  
          reporting which shall include, but not be limited to, the  
          following for each individual released from prison who is  
          subject to local supervision (specifically, "Postrelease  
          Community Supervision," pursuant to Penal Code Section 3451):










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          (1) Violations of postrelease community supervision;

          (2) Rearrests;

          (3) Reconvictions;

          (4) Any other return to custody;

          (5) Use of flash incarceration;

          (6) Participation in intensive probation supervision;

          (7) Any reentry programming provided;

          (8) Participation in cognitive behavioral therapy and whether  
          the individual has completed or failed to complete the therapy's  
          requirements;

          (9) Participation in mental health treatment and whether the  
          individual has completed or failed to complete the treatment's  
          requirements;

          (10) Participation in substance abuse treatment and whether the  
          individual has completed or failed to complete the treatment's  
          requirements;

          (11) Participation in gender-specific programming;

          (12) Participation in family programming;

          (13) Any health care assistance provided;

          (14) Any housing assistance provided;

          (15) Any income support provided;

          (16) Any employment assistance provided;

          (17) Any vocational training assistance provided;

          (18) Any educational enrollment assistance provided;









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          (19) Any mentoring programming provided; and,

          (20) Any peer support programming provided.

          Appropriation, Local Mandate and Local Planning Grants

          This bill contains an unspecified General Fund appropriation to  
          BSCC for the 2015-16 fiscal year for the purposes of  
          implementing its provisions.

          This bill would authorize BSCC to award up to the amount of the  
          appropriation, less BSCC's "administrative costs, not to exceed  
          5 percent of the total grant funding awarded statewide, as  
          individual grants not exceeding ____to counties to assist in  
          establishing data reporting systems that will allow a county to  
          consistently collect and report criminal justice information as  
          required by (this bill) . . ."

          Legislative Findings and Declarations

          This bill contains legislative findings and declarations  
          generally concerning the Legislature's commitment to reducing  
          recidivism among criminal offenders and the 2011 criminal  
          justice realignment (AB 109), as specified. 

          This bill is an urgency bill, citing the following "facts  
          constituting the necessity":

          In order to ensure that relevant data pertaining to the 2011  
          Realignment Legislation addressing public safety are collected  
          and reported as soon as possible to allow stakeholders to  
          measure the effectiveness of this landmark change in public  
          safety policy, it is necessary that this bill go into immediate  
          effect.

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          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  









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          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 or criminal activity for which there is no other  
                 reasonable, appropriate remedy;









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                  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.Stated Need for This Bill

          The author states:

               This bill would enact the Criminal Justice  
               Reinvestment Assessment Grant Program of 2015, which  
               would enable counties to collect various pieces of  
               data, as specified, in order to track the progress and  
               impacts of the Criminal Justice Realignment Act of  
               2011 (AB 109) at the local level.  These data would be  
               available to the public and be useful to non-profit,  
               non-partisan organizations for asking complex policy  
               questions in order to empirically analyze the intended  
               progress of Realignment in California.

               The Bureau of State Audits (BSA) identified AB 109 as  
               a high-risk issue in California given the pressures it  
                                             places on local jail populations with virtually no way  
               to empirically evaluate the effectiveness of  
               realignment programs.  "The State does not currently  
               have access to reliable and meaningful realignment  
               data to ensure its ability to effectively monitor  
               progress toward achieving intended realignment goals".  
               (BSA 2013-601 report).

               Similarly, the Public Policy Institute of California  
               (PPIC) has pointed to the failure to establish a clear  









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               framework by which to evaluate realignment: "Because  
               AB 109 establishes no incentives, resources, or  
               standards for counties to measure outcomes, it will be  
               difficult to assess what California's most significant  
               justice reform in decades has achieved" (PPIC Jan 2014  
               "California's Future: Corrections" report). Without  
               uniform reporting of a wide set of crime data across  
               California, neither policymakers nor the public are  
               able to accurately analyze and track the development  
               of Realignment policies

               AB 109 was passed in 2011 as part of the Budget Act  
               with the intention of cutting costs and creating  
               budgetary savings by largely realigning much the  
               responsibilities for state inmates to the local county  
               level.  Counties and local governments are faced with  
               various challenges in complying with AB 109 while also  
               staying committed to both public safety and the  
               rehabilitative goals for offenders.

               Currently, there exists no uniform, statewide set of  
               metrics being collected by all 58 counties in order to  
               track and assess the progress being made with regards  
               to Realignment in California.  While counties do  
               report limited criminal data to the Department of  
               Justice, SB 1097 would call for various other  
               important data elements critical to the assessment of  
               Realignment at the local level.

               SB 753 seeks to provide for the collection and  
               reporting of a broad spectrum of offender and program  
               data, as specified, which will help ensure best  
               practices are developed at the local level to promote  
               public safety, reduce recidivism, and address  
               offenders' rehabilitative needs. 

               Furthermore, the data collected by SB 753 will  
               determine if available rehabilitative programs are  
               being utilized to their full effectiveness by  
               determining participant's program completion or  
               non-completion statistics.

          2.What This Bill Would Do  









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           As explained in detail above, this bill would enact a framework,  
          established through the BSCC, for collecting information  
          concerning criminal offenders who were "realigned" pursuant to  
          AB 109 in 2011 - specifically, persons who have been convicted  
          of jail felonies and persons who have been released from prison  
          and are subject to local supervision (probation), not parole.   
          The bill enumerates specific data to be included.  With respect  
          to jail felons, the data generally pertains to information about  
          the offender, the conviction offense, the sentence, what  
          happened to the person after sentencing, such as jail time,  
          programming and violation behavior.  For persons coming out of  
          prison on postrelease community supervision (probation, not  
          parole, supervision), the data generally concerns arrests,  
          violation behavior, sanctions for violations, and programming.  

          The bill proposes state grants, from a total General Fund amount  
          not specified in the bill, "to assist counties with the creation  
          or expansion of infrastructure that allows each county to  
          consistently collect and report criminal justice information"  
          required by this bill.  In addition, this bill would require  
          counties to report to BSCC the data described above.  The bill  
          also requires the BSCC to compile local data and make annual  
          reports. 

          3.Focus of this Bill: The 2011 Criminal Justice Realignment

          This bill pertains to data about two specific subgroups of  
          felony offenders - subclasses created by the "2011 Realignment  
          Legislation Addressing Public Safety" (AB 109)<2>.  These two  
          subgroups are: 1) felony offenders who, because of their  
          conviction offense and criminal history, are subject to serving  
          their terms in jail instead of prison ("jail" felonies); and 2)  
          felony offenders who, because of their conviction offense and  
          other factors, are subject to local supervision instead of state  
          supervision (essentially, probation instead of parole) upon  
          release from prison ("postrelease community supervision").
          ---------------------------

          <2>   AB 109 (Committee on Budget) (Ch. 15, Stats. 2011) is the  
          principal measure establishing the 2011 public safety  
          realignment.  Subsequent measures have revised AB 109 and  
          enacted additional provisions relating to certain aspects of  
          realignment. 








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          As noted by the Legislative Analyst's Office last year:

               When including all types of criminal cases-felony,  
               misdemeanor, traffic infractions, and juvenile  
               delinquency-there were over 8 million filings in  
               California trial courts in 2009-10.  Only a few  
               hundred thousand of these are for felony cases each  
               year.  Of adult felony cases brought by the district  
               attorney, 80 percent result in a guilty verdict, and  
               most of these offenders are sentenced to a combination  
               of jail and probation.<3> 

          During this same period, 58,700 felons were admitted to  
          prison.<4>  While the data supporting this snapshot predates  
          realignment, it illustrates a felony population broader than  
          what this bill would reach.  There are other felons who are  
          handled locally, such as felons who are put on felony probation,  
          and those subject to parole supervision but affected locally by  
          court parole violation and detention decisions, who are not  
          included in this bill.  Members and the author may wish to  
          discuss whether felony offenders and what happens to them should  
          be tracked and analyzed more fully, not just the subsets of  
          felony offenders created by realignment.    

          4.Data Collection

          The BSCC currently has responsibilities relating to data  
          collection.  As explained in the BSCC's 4th Quarterly Report  
          from 2013:

               The BSCC has the broad responsibility to collect and  
               maintain available information and data about state  
               and community correctional policies, practices,  
               capacities, and needs, including but not limited to  
               prevention, intervention, suppression, supervision,  
               and incapacitation as they relate to both adult  
               corrections, juvenile justice, and gang problems.  The  
               ----------------------

          <3>   California's Criminal Justice System: A Primer (Jan. 2013)  
           Legislative Analyst's Office.

          <4>   Id.








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               BSCC is also required to collect data and complete  
               reports related to public safety realignment,  
               including the development of first phase baseline and  
               ongoing data collection instruments and an annual  
               report on the implementation of local community  
               corrections plans. 

          HOW DOES THIS BILL COMPARE TO THE CURRENT DATA-RELATED  
          ACTIVITIES AND FUTURE PLANS OF THE BSCC?  

           

                                      -- END -