BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           432 (Runner)
          
          Hearing Date:  05/18/2009           Amended: 05/05/2009
          Consultant:  Jacqueline Wong-HernandezPolicy Vote: Public Safety  
          7-0
          _________________________________________________________________ 
          ____
          BILL SUMMARY: SB 432 requires, when the court has ordered a  
          person to pay restitution to a victim, county probation officers  
          to provide CDCR with the restitution orders and victims' contact  
          information for the purpose of distributing the restitution  
          collected on behalf of the victim. The bill provides that the  
          victim must give consent before contact information is shared  
          with CDCR, and that information shall remain confidential.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11       2011-12     Fund
           State Mandated Local Program     Unknown, potentially  
          significant costs          General
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: This bill meets the criteria for referral to the  
          Suspense File.

          The workload increase to any individual probation officer should  
          be minimal. County probation officers already interview victims  
          to determine appropriate restitution order amounts. They have  
          ready access to both the victim's contact information and the  
          restitution order, and are already mandated to provide a report  
          to CDCR. However, in 2008 alone, there were 6,701 new direct  
          restitution orders statewide. It is unclear what the workload  
          would be for each county, and if the counties would have to  
          provide this information only for all cases after the enactment  
          date, or all previous direct restitution order cases for which  
          county probation departments may have victim contact  
          information.

          However, by specifically adding a new duty to probation  
          officers, this bill constitutes a reimbursable state mandate.  
          Counties are entitled to request reimbursement from the state  










          for any additional costs associated with this mandate. 

          Staff recommends that the bill be amended to authorize county  
          probation officers and departments to release victim contact  
          information, as specified, rather than requiring the reporting  
          of contact information. This would eliminate the mandate, and  
          the fiscal impact to the state.