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.