BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1200 (Jackson) - Animal cruelty: training: criminal
statistics
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|Version: April 4, 2016 |Policy Vote: PUB. S. 6 - 0 |
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|Urgency: No |Mandate: Yes (see Staff |
| |Comments) |
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|Hearing Date: April 25, 2016 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: SB 1200 would require the Board of State and Community
Corrections (BSCC) to include a requirement for the training of
probation officers on domestic violence, including the nexus
between animal cruelty and violence against persons.
Additionally, this bill would require the Department of Justice
(DOJ) to include information concerning arrests for animal
cruelty in its annual report, as specified.
Fiscal
Impact:
BSCC training regulations : One-time minor costs (General
Fund) to revise training standards to add the specified
training to the minimum standards for training of probation
officers.
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Probation officer training : Potentially significant increase
in non-reimbursable local costs (Local Funds/General Fund*)
for domestic violence training, to the extent probation
departments elect to adhere to the revised training standards
established by the BSCC.
Data reporting : Likely minor non-reimbursable local costs
(Local Funds/General Fund*) for reporting. Staff notes prior
decisions issued by the Commission on State Mandates
(02-TC-04, 02-TC-11, 07-TC-10) determined the relevant code
sections applicable to the provisions of this bill do not
impose state-mandated requirements on local agencies, however,
these costs could potentially be subject to Proposition 30
funding requirements.
DOJ annual report : Minor, absorbable costs (General Fund) for
DOJ to include arrest data for animal cruelty in its annual
report.
*Proposition 30 (2012) exempts the State from mandate
reimbursement for realigned programs including the provision of
public safety services, including the employment and training of
law enforcement personnel, and the related reporting
responsibilities of local agencies. However, legislation enacted
after September 30, 2012, that has an overall effect of
increasing the costs already borne by a local agency for levels
of services mandated by 2011 Realignment Legislation, applies to
local agencies only to the extent that the State provides annual
funding for the cost increase.
Background: Existing law requires the BSCC to adopt, and may from time to
time amend, rules establishing minimum standards for the
selection and training of local corrections and probation
officers (Penal Code (PC) 6035 (a).)
Existing law provides that any city, county, or city and county
may adhere to the standards for selection and training
established by the BSCC. Minimum training standards may include
but are not limited to basic, entry, continuation, supervisory,
management, and specialized assignments. (PC 6035 (b)-(c).)
Existing law requires the DOJ to collect data from specified
local law enforcement agencies and to present an annual report
to the Governor containing the criminal statistics of the
preceding calendar year. Existing law requires those law
enforcement agencies to install and maintain records needed for
SB 1200 (Jackson) Page 2 of
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the correct reporting of statistical data and to report the data
to the Attorney General in the manner the Attorney General
prescribes. (PC §§ 13010, 13012, 13020.)
Proposed Law:
This bill requires the BSCC to, as part of the minimum
standards for training established, include a requirement for
the training of probation officers on domestic violence that
shall include, but not be limited to, training on the nexus
between animal cruelty and violence against persons. This bill
additionally requires the annual report published by the DOJ
pursuant to PC § 13010 to include information concerning arrests
for violations of animal cruelty (PC § 597).
Staff
Comments: The BSCC has indicated a minor, absorbable impact to
incorporate the specified training requirement into the minimum
standards of training for probation officers. As noted in the
Fiscal Impact section of this analysis, to the extent probation
departments adhere to the revised training standards and incur
additional training costs as a result of this measure, any
increased costs for training could potentially be subject to
annual funding from the State for the cost increase pursuant to
the provisions of Proposition 30 (2012), as Proposition 30 only
speaks to "legislation that has an overall effect of increasing
the costs already borne by a local agency," and not specifically
to legislation that mandates new activities or higher levels of
service.
The DOJ has indicated minor, absorbable costs to add arrest data
for animal cruelty to its annual report. Staff notes any
additional workload imposed on local agencies for reporting
arrest data for animal cruelty are estimated to be minor and
non-reimbursable, as the Commission on State Mandates (CSM)
noted the following comments in its prior decisions on law
enforcement reporting to the DOJ:
In its June 26, 2008 determination of 02-TC-04 and
02-TC-11, the Crime Statistics Reports for the Department of
Justice test claim, the CSM found that PC § 13012, by
itself, does not impose a state-mandated activity on a local
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government because it only specifies the contents of a DOJ
report, and imposes no requirements on a local agency.
In its determination of 07-TC-10, the CSM further found
that PC § 13020 is not a reimbursable state mandate within
the meaning of article XIII B, section 6 of the California
constitution because the statute existed before 1975, and
imposes no new activities on local agencies.
Staff notes that although the additional reporting by law
enforcement agencies may not constitute a reimbursable mandate,
to the extent the additional reporting requirements increase the
overall costs already borne by local agencies for reporting
activities, those costs could potentially be subject to annual
funding from the State for the cost increase pursuant to the
provisions of Proposition 30 (2012).
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