Friday, January 8, 2016 The CSAC Bulletin
Administration of Justice

For more information, contact Darby Kernan at 916-327-7500, ext. 537, Stanicia Boatner at 916-327-7500, ext. 503 or Amalia Mejia at 916-327-7500, ext. 514.


Legislative Analyst’s Office Releases Improving California’s Fine and Fee System Report

The Legislative Analyst’s Office (LAO) released a report looking at California’s criminal fines and fees system. This report was requested by the State Senate, specifically by the pro tem, Senator Kevin de León. The report: Improving California’s Criminal Fine and Fee System looks at the complexities of the current system and makes recommendations on how the system can be improved.

Key issues with the current fine and fee system are:

  • Difficult for the Legislature to control the use of fines and fees;
  • Revenue distributions that are generally not based on need;
  • Difficulties in distributing the revenue accurately;
  • A lack of complete and accurate data.

The LAO’s recommendations in the report include increasing legislative control over the use of criminal fine and fee revenue to ensure that its uses are in line with legislative priorities by (1) requiring that most criminal fines and fees revenue be deposited in the state General Fund, (2) consolidating most fines and fees into a single, statewide charge, (3) evaluating the existing programs supported by fine and fee revenues, and (4) mitigating the impacts of potential changes to the fine and fee system on local governments. These recommendations are opportunities for the Legislature to make ongoing improvements to the current system.

California District Attorneys Association – 2016 National Body Cam Technology & Policy Summit and Expo

The California District Attorneys Association (CDAA) is hosting their 2016 National Body Cam Technology & Policy Summit and Expo February 22-24, 2016 at the Hyatt Regency in Anaheim, CA. The two and a half day summit is composed of panels, training, and roundtable discussions to provide unbiased information for policy makers and leadership. The goal is to develop coherent, current, and sensible policies related to technology being made available to law enforcement. Key participants include members of the legislature, law enforcement, technical experts, and community social advocates. Topics include data storage; body cam case law; drone technology; privacy issues; public record requests; and chain of custody evidence. Law enforcement, policy makers, deputy district attorneys, mayors, and police chiefs are encouraged to attend.

For additional details and registration information please visit: https://registrations.cdaa.org/CalDA/Event_Display.aspx?EventKey=NBC161302&WebsiteKey=6d235958-c66e-4899-ad63-691068eb13be

The following information reflects legislation that was introduced in the 2015 legislative session and did not pass out of the first policy committee. These bills need to pass out of the policy committee by January 15th and off the house of origin floor by January 30, 2016. The following are Administration of Justice bills CSAC is tracking.

Registered Sex Offenders: Local Ordinances

AB 201 (Brough) – Watch
As Amended April 21, 2015

AB 201 allows cities and counties to adopt ordinances, rules or regulations that are more restrictive than state law relating to the ability of people who are required to register as sex offenders to reside or be present at certain locations within the city or county. AB 201 also specifies that a local agency is not preempted by state law from doing so. AB 201 is set to be heard in the Assembly Public Safety Committee on January 12, 2016.

Forfeiture

AB 595 (Alejo) – Request for Comment
As Amended January 4, 2016

AB 595 would authorize the Attorney General or district attorney of any county to file a petition of forfeiture prior to the commencement of the underlying criminal proceeding if the value of the assets exceeds $100,000. AB 595 would also allow a person claiming an interest in the property or proceeds to move for return of the property on the grounds that there is not probable cause to believe that the property is subject to forfeiture.

Parole Suitability: Notice

AB 898 (Gonzalez) – Pending
As Amended January 4, 2016

AB 898 would require the Board of Parole Hearings, in the case of an inmate who was convicted of the murder of a firefighter, to provide notice of the parole suitability hearing to the fire department that employed the fire fighter. AB 898 is set be heard in the Assembly Public Safety Committee on January 12, 2016.

Probable Cause Determination Pilot

AB 1106 (Jones-Sawyer) - Watch
As Amended January 4, 2016

AB 1106 would establish a 5-year pilot in six counties that would require a court to issue prompt probable cause determination hearings for out of custody defendants charged with a misdemeanor. AB 1106 is set to be heard in the Assembly Public Safety Committee January 12, 2016.

Child Witnesses: Human Trafficking

AB 1276 (Santiago) – Watch
As Amended January 4, 2016

AB 1276 adds human trafficking to the list of offenses which permits a child witness to testify at trial out of the presence of the defendant and jury by way of closed-circuit television and increases the permissible age of the child witness from 13 years old and under to 17 years old and under. AB 1276 is set to be heard in the Assembly Public Safety Committee on January 12, 2016.

Victims Compensation: Claims: Appeals

AB 1563 (Rodriguez) – Request for Comment
As Introduced January 4, 2016

AB 1563 would require decisions of the California Victim Compensation and Government Claims Board to be made within 6 months of the date the board receives an application that contests a staff recommendation to deny compensation in whole or part. AB 1563 additionally would require the board to notify the applicant in writing, within 6 months of the date the board received the application, if the board determines that there was insufficient information to make a decision.

Vehicles: Driving Under the Influence: Alcohol Abuse Programs

AB 1571 (Lackey) – Request for Comment
As Introduced January 4, 2016

AB 1571 would require that enrollment in an approved driving-under-the-influence program take place within 30 days of a DUI conviction. AB 1571 would also require the court to refer a first offender whose blood contained a blood-alcohol concentration of 0.15% or more and a controlled substance to the 9-month DUI program.

Employment: Human Trafficking Training: Mass Transportation Employers

AB 1595 (Campos) – Request for Comment
As Introduced January 6, 2016

AB 1595 would require a private or public employer that provides mass transportation services in the state to train its new and existing employees in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency by January 1, 2018.

County Jail Inmates: Involuntary Transfer

SB 171 (Gaines) - Watch
As Amended April 15, 2015

SB 171 would, with the approval of the county board of supervisors, authorize sheriffs with a jail capacity of over 80% to transfer sentenced inmates to another state , county or private facility with or without the consent of the inmate, and for the state to reimburse the county for all costs to house and transfer said inmates. SB 171 is set to be heard in the Senate Public Safety Committee on January 12, 2016.

Crimes

SB 617 (Block) - Watch
As Amended April 29, 2015

SB 617 would allow a crime punishable as a misdemeanor, to be charged as a misdemeanor or an infraction at the discretion of the prosecuting attorney. SB 617 is set to be heard in the Senate Public Safety Committee on January 12, 2016.

Unmanned Aircraft Systems

SB 807 (Gaines) – Watch
As Introduced January 4, 2016

SB 807 would further limit the exposure to civil liability of an emergency responder for damages to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the emergency responder was performing specific emergency services and the unmanned aircraft or unmanned aircraft system was interfering with the provision of those emergency services.

SB 810 (Gaines) - Request for Comment.
As Introduced January 4, 2016

SB 810 would make it unlawful to knowingly, intentionally, or recklessly operate an unmanned aircraft or unmanned aircraft system in a manner that prevents or delays the extinguishment of a fire or in any way interferes with the efforts of firefighters to control, contain, or extinguish a fire. SB 810 would additionally make a violation of this prohibition punishable by imprisonment in a county jail not to exceed 6 months, by a fine not to exceed $5,000, or by both that imprisonment and fine.

Criminal Procedure: Human Trafficking

SB 823 (Block) – Request for Comment
As Introduced January 6, 2016

SB 823 would create a presumption that if a defendant or person who has been arrested, convicted, or adjudicated a ward of the juvenile court for committing any offense while he or she was a victim of human trafficking shows evidence that the arrest, conviction, or adjudication was the result of his or her status as a victim of human trafficking, the defendant or person has met the requirements for relief.