BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           2295 (De La Torre)
          
          Hearing Date:  08/02/2010           Amended: 07/15/2010
          Consultant:  Jacqueline Wong-HernandezPolicy Vote: Public Safety  
          7-0
          _________________________________________________________________ 
          ____
          BILL SUMMARY: AB 2295 would require the Department of  
          Corrections and Rehabilitation (CDCR) to retain all files  
          prepared by the Division of Adult Parole Operations (DAPO)  
          regarding any person who was paroled who is required to register  
          as a sex offender, for 75 years from the date of release.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2010-11      2011-12       2012-13     Fund
                                                                  
          DAPO file retention                        $35                  
          $70                   $70             General  
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: This bill meets the criteria for referral to the  
          Suspense File.
          
          AB 2295 states that CDCR "shall retain all files, including  
          handwritten or typed files" prepared by DAPO regarding any  
          person released on parole who is required to register as a sex  
          offender, for 75 years. This bill requires the physical storage  
          of all files produced, as specified. CDCR will incur additional  
          costs detailed above for the physical storage of all files  
          related to the 9,000 registered sex offenders on parole (to the  
          extent they are still available) and every sex offender paroled  
          in the future. This bill does not indicate that copies,  
          electronic versions of specified information, or any new form of  
          replicating certain critical information from DAPO files would  
          be an acceptable alternative to the specific directive to retain  
          "all files, including handwritten or typed files".

          CDCR is in the process of developing an electronic based system  
          of records management, known as the Strategic Offender  
          Management System (SOMS), which would (in the absence of this  










          bill) likely address the intended retention requirements of this  
          measure, as scanned copies of all files would be kept  
          electronically on an indefinite basis. The development and  
          implementation of SOMS at the institution level is about three  
          years from completion.

          Staff recommends that if the author's intention is simply to  
          capture the contents of the files, that the bill be amended to  
          specify that CDCR may store the information in any form,  
          including electronically.