BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 852|
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THIRD READING
Bill No: SB 852
Author: Harman (R), et al
Amended: 4/25/11
Vote: 30 - Urgency
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/5/11
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : 9-0, 5/26/11
AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley,
Price, Runner, Steinberg
SUBJECT : Department of Corrections and Rehabilitation:
victim/
witness notification
SOURCE : Author
DIGEST : This bill amends several statutes as well as
Proposition 8 which was approved by the voters in June of
1982, to give crime victims the right to receive
notification of an offender's custody status by e-mail.
ANALYSIS : Existing law requires the Department of
Corrections and Rehabilitation (CDCR), county sheriff, and
director of the local department of corrections, upon
request, to give notice, as specified, prior to the release
from state prison or county jail, of any person convicted
of specified offenses, or of any change in parole status or
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relevant change in parole location, or if the person
absconds from supervision while on parole, to a victim of
the offense and others, as specified. Existing law
provides for this notice by telephone and certified mail,
and requires those persons requesting notice to provide
current address and telephone numbers, as specified.
This bill authorizes, providing that notice by telephone,
certified mail, or electronic mail, as specified selected
by the requesting party, if that method is available.
Existing law requires CDCR to supply a form to designated
agencies in order to enable persons to request and receive
notification from the department of the release, escape,
scheduled execution, or death of the violent offender.
Existing law requires the agency to give the form to the
victim, witness, or next of kin of the victim for
completion, explain to that person or persons the right to
be so notified, and forward the completed form to CDCR.
This bill additionally requires CDCR to supply a form to
the designated agency in order to enable persons to request
and receive notification from the CDCR of the release,
escape, scheduled execution, or death or the violent
offender. That agency shall give the form to the victim,
witness, or next of kin of the victim for completion,
explain to that person or persons the right to be so
notified, and forward the completed form to the department.
CDCR or the Board of Parole Hearings is responsible for
notifying all victims, witnesses, or next of kin of victims
who request to be notified of a violent offender's release
or scheduled execution, as provided by Sections 3058.8 and
3605.
Existing law, added by Proposition 8, approved by the
voters at the June 8, 1982, statewide primary election and
amended by Proposition 9, approved by the voters at the
November 4, 2008, statewide general election, requires the
Board of Parole Hearings, upon request, to notify the
victim, or next of kin of the victim, of any crime
committed by a prisoner, of any hearing to review or
consider the parole suitability or the setting of a parole
date for that prisoner. Proposition 8 provides that this
statutory provision shall not be amended by the Legislature
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except by a statute passed in each house by rollcall vote,
2/3 of the membership concurring or by a statute approved
by the voters. Proposition 9 provides that the statutory
provisions of that act shall not be amended by the
Legislature, except by a statute passed in each house by
rollcall vote, 3/4 of the membership of each house
concurring or by a statute approved by the voters.
However, the Legislature may amend those provisions by a
majority vote of the membership of each house to expand the
scope of those provisions or to further the rights of
victims of crimes.
This bill permits the victim, or next of kin of the victim,
to receive that notice, upon request to CDCR and
verification of the identity of the requester, by
telephone, electronic mail, or certified mail, using the
method selected by the requester, if that method is
available. The bill provides that this act furthers the
rights of victims of crimes for purposes of Proposition 9.
By amending this provision, the bill amends Proposition 8.
Because the bill requires the verification of the identity
of the requester as a condition to receiving notice, it
amends Proposition 9 in a manner requiring a 3/4 vote.
Existing law provides that as soon as placement of an
inmate in any reentry or work furlough program is planned,
but in no case less than 60 days prior to that placement,
CDCR shall send written notice, if notice has been
requested, to specify requesting parties, to the last
address of the requesting party provided to CDCR.
This bill authorizes the notice to be sent to a victim or
next of kin of a victim by telephone, certified mail, or
electronic mail, using the method of communication selected
by the requesting party, if that method is available, and
requires CDCR to send the notices to the last mailing
address, electronic mail address, or telephone number
provided to CDCR by the victim or next of kin of the
victim.
This bill makes other conforming changes.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
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According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
Electronic notification $250 annually
through 2014-15; Special*
$250 or greater future annual
costSpecial*/
Pressure; potential future cost savings
General
*Restitution Administrative Fee Special Deposit Fund
SUPPORT : (Verified 5/31/11)
California State Sheriffs' Association
Crime Victims United of California
ARGUMENTS IN SUPPORT : According to the author's office,
this bill allows CDCR to provide crime victims the option
to be notified of an offender's status electronically in
addition to regular mail. Existing law requires CDCR to
provide notification to victims and other individuals who
have requested to be notified regarding an adult offender's
status only via regular mail.
By allowing victims the option to be notified of an
offender's status electronically, this bill ensures that
victims are provided with pertinent information as quickly
as possible.
CDCR has received a federal grant to develop and implement
an automated victim notification system through the Victim
Information and Notification Everyday application.
Existing law must be amended for CDCR to be able to
implement this system.
RJG:do 5/31/11 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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