BILL ANALYSIS �
SB 852
Page 1
Date of Hearing: July 5, 2011
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 852 (Harman) - As Amended: May 31, 2011
SUMMARY : Authorizes a crime victim to request the option of
being notified of an offender's custody status by electronic
mail, if that method is available, and makes numerous conforming
changes.
EXISTING LAW :
1)Requires the Board of Parole Hearings (BPH), upon request, to
notify any victims of any crime committed by the prisoner, or
the next of kin if the victim has died, at least 90 days
before any hearing to review or consider the parole
suitability or the setting of a parole date for any prisoner
in a state prison. �Penal Code Section 3043(a)(1).]
2)States that, upon request, the victim of a domestic violence
crime, as specified, shall be notified of the release of the
parolee and the parolee's location and parole agent or
officer. �Penal Code Section 3053.2(f).]
3)States that the victim or next of kin to the victim is
entitled to be notified, upon request, of any parole
eligibility hearing and of the right to appear, either
personally or by other means specified, to reasonably express
his or her views, and to have his or her statements
considered. �Penal Code Section 679.02(a)(5).]
4)Requires the county district attorney, probation department
and victim-witness coordinator confer and establish an annual
policy to decide, for convictions involving a violent offense,
as specified, which one of their agencies shall inform each
witness who was threatened by the defendant following the
defendant's arrest, and each victim or next of kin of the
victim of that offense of the right to request and receive a
notice of any hearing to review or consider the parole
suitability or the setting of a parole date for any prisoner
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in a state prison. �Penal Code Section 679.03(a).]
5)Provides that the sheriff or the chief of police when notified
as to the pending release of a violent felon may notify an
appropriate person of a pending release. �Penal Code Section
3058.7(a).]
6)Requires the California Department of Corrections and
Rehabilitation (CDCR) to send a notice to a victim or witness
who has requested notification that a person convicted of a
violent felony is scheduled to be released. �Penal Code
Section 3058.8(a).]
7)Provides that CDCR, county sheriff, or director of the local
department of corrections shall give notice not less than 15
days prior to the release from the state prison or a county
jail of any person who is convicted of stalking or convicted
of a felony offense involving domestic violence, as specified,
or any change in the parole status or relevant change in the
parole location of the convicted person, or if the convicted
person either escapes or absconds from supervision while on
parole, to any person the court identifies as a victim of the
offense, a family member of the victim, or a witness to the
offense by telephone and certified mail at his or her last
known address, upon request. A victim, family member, or
witness shall keep the Department of Corrections or county
sheriff informed of his or her current mailing address and
telephone number to be entitled to receive notice. (Penal
Code section 646.92.)
FISCAL EFFECT : Unknown
COMMENTS : According to the author, "SB 852 would allow 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, SB 852 will ensure 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
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Information and Notification Everyday (VINE) application.
Existing law must be amended for CDCR to be able to implement
this system."
REGISTERED SUPPORT / OPPOSITION :
Support
Crime Victims United of California
California State Sheriffs' Association
California Coalition Against Sexual Assault
SEIU Local 1000
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744