BILL ANALYSIS AB 856 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 856 (Hertzberg) As Amended September 12, 1997 2/3 vote. Appropriation ASSEMBLY: 75-0 (May 27, 1997) SENATE: 36-0 (September 12, 1997) Original Committee Reference: PUB. S. SUMMARY : Establishes a statewide "Witness Protection Program" (WPP) to be run by the Attorney General's (AG) office. Appropriates $3 million from the Restitution Fund to the AG for the purposes of implementing the WPP. The Senate amendments : 1) Provide that the AG may reimburse local prosecutors for the costs of providing witness protection services. 2) Appropriate $3 million from the Restitution Fund to the AG for the purposes of implementing the WPP. 3) Add Legislative intent in the annual Budget Act that funds be appropriated to the AG, as specified. 4) Require the Governor's budget to specify the estimated amount in the Restitution Fund that is in excess of the amount needed to pay claims, administrative costs for increasing restitution funds and to maintain a prudent reserve, as specified. 5) Limit the administrative costs of the AG to 5% of all costs incurred. 6) Provide that the AG shall not be liable for any condition in the witness protection agreement that cannot be met because the witness commits a crime. 7) Define witnesses, for the purposes of the program, as victims because they may be victimized due to the testimony they may give. 8) Require the AG to coordinate the efforts of state and local agencies to secure witness protection services and then reimburse them as specified. 9) Give specificity to the guidelines issued by the AG. 10) Delete mental health counseling, as a reimbursable cost. 11) Require all information relating to any witness participating in the program to remain confidential, as specified. 12) Require the AG's office to establish a liaison with the U. S. Marshal's office and the United States Department of Justice. AB 856 Page 2 This bill also directs that the AG, with the Board of Control, establish procedures for maximizing federal funds for witness protection. EXISTING LAW provides no statutory or funding provisions applicable to the WPP. However, the DOJ is required to initiate and participate in the prosecution of individuals involved in organized crime activities. AS PASSED BY THE ASSEMBLY , this bill: 1) Established the WPP and required that the program be administered by the AG to provide for the relocation or other protection of a witness in a criminal proceeding where there was credible evidence, as defined, of substantial danger that the witness may suffer intimidation or retaliatory violence. 2) Authorized the AG to enter into an agreement with the witness in accordance with specified terms. 3) Allocated $149,000 from the General Fund (GF) to the AG to implement the WPP. 4) Required the AG to make an annual report to the Legislature on the fiscal and operational status of the WPP. FISCAL EFFECT : $3 million appropriation from the Restitution Fund surplus for 1997-1998 Fiscal Year. Future appropriations subject to budget act. Surplus is an amount in excess of funds needed to pay Board of Control Victim Restitution claims and provide a prudent reserve. Attorney General administrative costs capped at 5% of appropriation. COMMENTS : 1) According to the author, "AB 856 establishes a program administered by the AG to provide relocation and other protection services to witnesses in criminal proceedings where credible evidence exists of a substantial danger that a witness may suffer intimidation or retaliatory violence. "According to a recent LA Times series, more than a thousand gang killers are walking the streets of LA. More and more gang killers, responsible for about 40% of LA County's murders remain free. Witness intimidation helps keep them on the streets. Witnesses have been killed and many more threatened. Incidents of witness intimidation occur frequently enough to frighten potential witnesses from cooperating with prosecutors. Gang cases are the hardest to solve. "The Federal DOJ has found that prosecutors, police officers, judges and victim advocates agree that witness intimidation is widespread, increasing and having a serious impact on the prosecution of crimes across the entire country. Given these circumstances, a witness protection plan must be enacted." AB 856 Page 3 2) Please see the policy committee analysis for a more comprehensive discussion of this bill. Analysis prepared by : Judith M. Garvey / apubs / (916) 445-3268 FN 036664