BILL ANALYSIS                                                                                                                                                                                                    



              APPROPRIATIONS COMMITTEE FISCAL SUMMARY
                                         AB 856 (Hertzberg)
Hearing Date: 8/25/97                                 Amended:  
8/8/97          
Consultant:  Bob Franzoia                Policy Vote: Pub Safety   
8-0             
___________________________________________________________________ 

BILL SUMMARY: AB 856 would establish the Witness Protection  
Program to be administered by the Attorney General (AG) to provide  
for the relocation or other protection of a witness in a criminal  
proceeding where there is credible evidence of substantial danger  
that the witness may suffer intimidation or retaliatory violence.   
The bill would provide that a witness selected by the AG to  
receive services under the program because he or she has been or  
may be victimized due to the testimony he or she will give shall  
be deemed a victim.  The bill would require the AG to apply to the  
State Board of Control for reimbursement from the Restitution Fund  
for the costs incurred in providing services under the program and  
for grants allocated to district attorney's offices that elect to  
continue administering a preexisting witness protection program.
                         Fiscal Impact (in thousands)
  Major Provisions               1997-98       1998-99        1999-2000   Fund  
Witness protection           Unknown, potentially major costs; costs  
dependentSpecial*
program         upon the number and situations of witnesses receiving
                witness protection services.

* Restitution Fund                                    
STAFF COMMENTS:  This bill meets the criteria to be placed on the  
Suspense file.

The Los Angeles County District Attorney's Office, which operates  
a limited witness protection program provides the following in an  
effort to help identify the fiscal impact of such a program:

It is nearly impossible to predict the anticipated costs in any  
given case. When addressing the needs which arise in the case of  
witness relocation, there are a variety of variables: the number  
of family members, whether suitable alternate housing is  
immediately available, whether the witness and family require  
temporary (and generally more expensive) lodging, meals, and other  
expenses, the distance from present housing to protective housing,  
whether the circumstances of the danger faced by the witness  
require around-the-clock protection by law enforcement, etc.











If a witness is subject to significant and articulable danger, the  
witness will be provided safe housing, typically a motel, and  
meals will be provided until permanent relocation can be arranged.  
 In rare cases, around-the-clock protection is necessary.  These  
expenses are paid by court order disbursing county funds because  
they are not covered under the witness relocation fund  
administered by OCJP.
The witness relocation fund permits disbursements only for first  
and last month's rent.  Security deposits, moving expenses, and  
utility deposits are not included.  No other expenses may be paid  
from this fund.  The typical disbursement OCJP grant for first and  
last month's rent is $1,400.
The typical relocation of the witness and one family member is  
$4,680.

Because of the limited disbursement permitted, law enforcement  
relies on a variety of funding sources in order to pay for the  
costs of protecting witnesses.

STAFF NOTES the Restitution Fund has a zero balance.