BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
AB 2467 (Hueso) - Protective orders: electronic monitoring.
Amended: July 6, 2012 Policy Vote: Public Safety 7-0
Urgency: No Mandate: No
Hearing Date: August 6, 2012
Consultant: Jolie Onodera
This bill meets the criteria for referral to the Suspense File.
Bill Summary: AB 2467 would authorize courts with jurisdiction
over a criminal matter to include electronic monitoring as part
of a protective order, as specified.
Fiscal Impact:
Potential ongoing annual costs to the courts in the range of
$433,000 to $0.9 million (General Fund) for every five to 10
percent of 78,000 protective order hearings impacted
statewide. This estimate assumes an additional 10 minutes per
hearing for the court to determine the appropriateness of
electronic monitoring and the ability of the individual to
pay. To the extent a greater percentage of cases are impacted,
costs to the courts would be significantly higher.
Potentially significant ongoing non-reimbursable costs to
counties that have adopted a policy to authorize electronic
monitoring to cover the costs of electronic monitoring to the
extent the court determines an individual is unable to pay.
Assuming an average daily cost for active electronic
monitoring of $20, costs for one year could exceed $700,000
per 100 indigent defendants.
Potential future cost savings to law enforcement and the
courts to the extent the utilization of electronic monitoring
of domestic violence defendants results in fewer protective
order violations and/or deters the committal of additional
criminal offenses.
Background: Existing law generally authorizes a court with
jurisdiction over a criminal matter to issue certain protective
orders upon a good cause belief that harm to, or intimidation or
dissuasion of, a victim or witness has occurred or is reasonably
likely to occur, as specified. Additionally, existing law
authorizes a court to issue an order protecting victims of
AB 2467 (Hueso)
Page 1
violent crime from all contact by the defendant, or contact with
the intent to annoy, harass, threaten, or commit acts of
violence, by the defendant.
Proposed Law: This bill, to be known and cited as "Kathy's Law,"
would authorize a court issuing a protective order to require
electronic monitoring, as follows:
A protective order may require the defendant to be placed on
electronic monitoring if the local government, upon receiving
the concurrence of the county sheriff, adopts a policy to
authorize electronic monitoring of defendants for this
purpose.
If the court determines that the defendant has the ability to
pay for the monitoring program, the court shall order the
defendant to pay for the monitoring.
If the court determines that the defendant does not have the
ability to pay for the electronic monitoring, the court may
order electronic monitoring to be paid for by the local
government that adopted the policy to authorize electronic
monitoring.
The duration of electronic monitoring shall not exceed one
year from the date the order is issued.
At no time shall the electronic monitoring be in place if the
protective order is not in place.
Staff Comments: The provisions of this bill could create
additional workload on the courts and result in lengthier court
hearings than otherwise would have occurred under existing law
for matters involving criminal protective orders. Costs would be
dependent upon the number of local jurisdictions that elect to
provide electronic monitoring, the number of protective orders
issued within those jurisdictions, the number of cases in which
electronic monitoring would be considered and whether the
defendant has the ability to pay for the monitoring.
The Judicial Council indicates the consideration of electronic
monitoring and the ability of a defendant to pay would extend
the length of court proceedings. Based on an average daily court
cost of $4,000, an increased length in proceedings of 10 minutes
would incur additional costs of $111 per hearing. Based on
approximately 78,000 criminal protective orders issuances per
year, a five to ten percent impact on protective orders would
result in increased court costs of $433,000 to $0.9 million
(General Fund) per year.
AB 2467 (Hueso)
Page 2
This bill authorizes a court issuing a protective order to
require the defendant to be placed on electronic monitoring if
the local government, upon receiving the concurrence of the
county sheriff, adopts a policy to authorize electronic
monitoring of defendants for this purpose. If the court
determines that the defendant does not have the ability to pay
for the electronic monitoring, the court may order electronic
monitoring to be paid for by the local government that adopted
the policy to authorize electronic monitoring. The provisions of
this bill could result in significant ongoing costs to local
agencies that have opted to offer electronic monitoring, as
specified. Assuming a daily rate of $20 for active electronic
monitoring, the cost to operate electronic monitoring for one
year for 100 indigent defendants would cost local agencies in
excess of $700,000 per year.
To the extent the utilization of electronic monitoring of
domestic violence defendants results in fewer protective order
violations and deters the committal of additional criminal
offenses, there could be future cost savings to law enforcement
and the courts of an unknown, but potentially significant
amount.