AB 1344: Voting rights: inmates and persons formerly incarcerated.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-10-14
Existing law provides that a person is entitled to register to vote if he or she is a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election.
Existing law requires the Department of Corrections and Rehabilitation and county probation departments to either establish and maintain on its Internet Web site a hyperlink to the Internet Web site at which the Secretary of States voting rights guide for incarcerated persons may be found or post a notice that contains that Internet Web site address.
This bill would instead require the Department of Corrections and Rehabilitation and county probation departments to both establish and maintain on its Internet Web site a hyperlink to the Internet Web site at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found and to post a notice that contains that Internet Web site address. The bill would also require the Department of Corrections and Rehabilitation and county probation departments to provide certain voting rights information to persons under their jurisdiction upon the request of such a person. By imposing new duties on county probation departments, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides that a person is entitled to register to vote if he or she is a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election.
Existing law requires the Department of Corrections and Rehabilitation and county probation departments to either establish and maintain on its Internet Web site a hyperlink to the Internet Web site at which the Secretary of States voting rights guide for incarcerated persons may be found or post a notice that contains that Internet Web site address.
This bill would instead require the Department of Corrections and Rehabilitation and county probation departments to both establish and maintain on its Internet Web site a hyperlink to the Internet Web site at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found and to post a notice that contains that Internet Web site address. The bill would also require the Department of Corrections and Rehabilitation and county probation departments to provide certain voting rights information to persons under their jurisdiction upon the request of such a person. By imposing new duties on county probation departments, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides that a person is entitled to register to vote if he or she is a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election.
Existing law requires the Department of Corrections and Rehabilitation and county probation departments to either establish and maintain on its Internet Web site a hyperlink to the Internet Web site at which the Secretary of States voting rights guide for incarcerated persons may be found or post a notice that contains that Internet Web site address.
This bill would instead require the Department of Corrections and Rehabilitation and county probation departments to both establish and maintain on its Internet Web site a hyperlink to the Internet Web site at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found and to post a notice that contains that Internet Web site address. The bill would also require the Department of Corrections and Rehabilitation and county probation departments to provide certain voting rights information to persons under their jurisdiction upon the request of such a person. By imposing new duties on county probation departments, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides that a person is entitled to register to vote if he or she is a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election.
Existing law requires the Department of Corrections and Rehabilitation and county probation departments to either establish and maintain on its Internet Web site a hyperlink to the Internet Web site at which the Secretary of States voting rights guide for incarcerated persons may be found or post a notice that contains that Internet Web site address.
This bill would instead require the Department of Corrections and Rehabilitation and county probation departments to both establish and maintain on its Internet Web site a hyperlink to the Internet Web site at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found and to post a notice that contains that Internet Web site address. The bill would also require the Department of Corrections and Rehabilitation and county probation departments to provide certain voting rights information to persons under their jurisdiction upon the request of such a person. By imposing new duties on county probation departments, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides that a person is entitled to register to vote if he or she is a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election.
Existing law requires the Department of Corrections and Rehabilitation and county probation departments to either establish and maintain on its Internet Web site a hyperlink to the Internet Web site at which the Secretary of States voting rights guide for incarcerated persons may be found or post a notice that contains that Internet Web site address.
This bill would instead require the Department of Corrections and Rehabilitation and county probation departments to both establish and maintain on its Internet Web site a hyperlink to the Internet Web site at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found and to post a notice that contains that Internet Web site address. The bill would also require the Department of Corrections and Rehabilitation and county probation departments to provide certain voting rights information and affidavits of registration to persons under their jurisdiction. jurisdiction upon the request of such a person. By imposing new duties on county probation departments, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides that a person is entitled to register to vote if he or she is a United States citizen, a resident of California, not imprisoned or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election.
This bill would require the Department of Corrections and Rehabilitation and county probation departments to provide certain voting rights information and affidavits of registration to persons under their jurisdiction. By imposing new duties on county probation departments, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(a)The Department of Corrections and Rehabilitation shall do both of the following:
(1)Establish and maintain on the departments Internet Web site a hyperlink to the Internet Web site at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
(2)Post, in each parole office where parolees are seen, a notice that contains the Internet Web site address at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
(b)Each county probation department shall do both of the following:
(1)Establish and maintain on the county probation departments Internet Web site a hyperlink to the Internet Web site at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
(2)Post, in each probation office where probationers are seen, a notice that contains the Internet Web site address at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
SEC. 2.Section 2105.6 is added to the Elections Code, to read:2105.6.(a)The Department of Corrections and Rehabilitation shall provide each parolee under the jurisdiction of the department upon the completion of his or her parole, upon the parolees request, information provided by the Secretary of State regarding voting rights for persons with a criminal history.
(b)Each county probation department is encouraged to notify persons that a printed version of information regarding voting rights for persons with a criminal history who are under the departments supervision is available upon request.
(c)Each county probation department shall provide each person under the departments supervision, upon the persons request, information provided by the Secretary of State regarding voting rights for persons with a criminal history.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The Department of Corrections and Rehabilitation shall do both of the following:
(1)Establish and maintain on the departments Internet Web site a hyperlink to the Internet Web site at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
(2)Post, in each parole office where parolees are seen, a notice that contains the Internet Web site address at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
(b)Each county probation department shall do both of the following:
(1)Establish and maintain on the county probation departments Internet Web site a hyperlink to the Internet Web site at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
(2)Post, in each probation office where probationers are seen, a notice that contains the Internet Web site address at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
SEC. 2.Section 2105.6 is added to the Elections Code, to read:2105.6.(a)The Department of Corrections and Rehabilitation shall provide each parolee under the jurisdiction of the department upon the completion of his or her parole, upon the parolees request, information provided by the Secretary of State regarding voting rights for persons with a criminal history.
(b)Each county probation department is encouraged to notify persons that a printed version of information regarding voting rights for persons with a criminal history who are under the departments supervision is available upon request.
(c)Each county probation department shall provide each person under the departments supervision, upon the persons request, information provided by the Secretary of State regarding voting rights for persons with a criminal history.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The Department of Corrections and Rehabilitation shall do both of the following:
(1)Establish and maintain on the departments Internet Web site a hyperlink to the Internet Web site at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
(2)Post, in each parole office where parolees are seen, a notice that contains the Internet Web site address at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
(b)Each county probation department shall do both of the following:
(1)Establish and maintain on the county probation departments Internet Web site a hyperlink to the Internet Web site at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
(2)Post, in each probation office where probationers are seen, a notice that contains the Internet Web site address at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
SEC. 2.Section 2105.6 is added to the Elections Code, to read:2105.6.(a)The Department of Corrections and Rehabilitation shall provide each parolee under the jurisdiction of the department upon the completion of his or her parole, upon the parolees request, information provided by the Secretary of State regarding voting rights for persons with a criminal history.
(b)Each county probation department is encouraged to notify persons that a printed version of information regarding voter voting rights for persons with a criminal history who are under the departments supervision is available upon request.
(c)Each county probation department shall provide each person under the departments supervision, upon the persons request, information provided by the Secretary of State regarding voting rights for persons with a criminal history.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The Department of Corrections and Rehabilitation shall do both of the following:
(1)Establish and maintain on the departments Internet Web site a hyperlink to the Internet Web site at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
(2)Post, in each parole office where parolees are seen, a notice that contains the Internet Web site address at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
(b)Each county probation department shall do both of the following:
(1)Establish and maintain on the county probation departments Internet Web site a hyperlink to the Internet Web site at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
(2)Post, in each probation office where probationers are seen, a notice that contains the Internet Web site address at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
SEC. 2.Section 2105.6 is added to the Elections Code, to read:2105.6.(a)The Department of Corrections and Rehabilitation shall provide each parolee under the jurisdiction of the department upon the completion of his or her parole, upon the parolees request, information provided by the Secretary of State regarding voting rights for persons with a criminal history.
(b)Each county probation department is encouraged to notify persons that a printed version of information regarding voter rights for persons with a criminal history who are under the departments supervision is available upon request.
(c)Each county probation department shall provide each person under the departments supervision, upon the persons request, information provided by the Secretary of State regarding voting rights for persons with a criminal history.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The Department of Corrections and Rehabilitation shall do one both of the following:
(1)Establish and maintain on the departments Internet Web site a hyperlink to the Internet Web site at which the Secretary of States voting rights guide for incarcerated persons information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
(2)Post, in each parole office where parolees are seen, a notice that contains the Internet Web site address at which the Secretary of States voting rights guide for incarcerated persons information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
(b)Each county probation department shall do one both of the following:
(1)Establish and maintain on the county probation departments Internet Web site a hyperlink to the Internet Web site at which the Secretary of States voting rights guide for incarcerated persons information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
(2)Post, in each probation office where probationers are seen, a notice that contains the Internet Web site address at which the Secretary of States voting rights guide for incarcerated persons information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
SECTION 1.SEC. 2.Section 2105.6 is added to the Elections Code, to read:2105.6.(a)The Department of Corrections and Rehabilitation shall do all of the following for provide each parolee under the jurisdiction of the department upon the completion of his or her parole: parole, upon the parolees request, information provided by the Secretary of State regarding voting rights for persons with a criminal history.
(1)Provide the parolee the most recent version of the Secretary of States voting rights guide for incarcerated persons.(2)Inform the parolee, at the time the parolee is provided the guide described in paragraph (1), that he or she may be eligible to vote.(3)Provide the parolee an affidavit of registration.(b)(b)Each county probation department is encouraged to notify persons that a printed version of information regarding voter rights for persons with a criminal history is available upon request.
(c)Each county probation department shall do all of the following for provide each person under the departments supervision: supervision, upon the persons request, information provided by the Secretary of State regarding voting rights for persons with a criminal history.
(1)Provide the person the most recent version of the Secretary of States voting rights guide for incarcerated persons.(2)Inform the person, at the time the person is provided the guide described in paragraph (1), that he or she may be eligible to vote.(3)Provide the person, upon the persons request, an affidavit of registration if the person is eligible to register to vote.SEC. 2.SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The Department of Corrections and Rehabilitation shall do all of the following for each parolee under the jurisdiction of the department upon the completion of his or her parole:
(1)Provide the parolee the most recent version of the Secretary of States voting rights guide for incarcerated persons.
(2)Inform the parolee, at the time the parolee is provided the guide described in paragraph (1), that he or she may be eligible to vote.
(3)Provide the parolee an affidavit of registration.
(b)Each county probation department shall do all of the following for each person under the departments supervision:
(1)Provide the person the most recent version of the Secretary of States voting rights guide for incarcerated persons.
(2)Inform the person, at the time the person is provided the guide described in paragraph (1), that he or she may be eligible to vote.
(3)Provide the person, upon the persons request, an affidavit of registration if the person is eligible to register to vote.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
|
Date
|
Status
|
|---|---|
| Oct 14, 2017 | Chaptered by Secretary of State - Chapter 796, Statutes of 2017. |
| Oct 14, 2017 | Approved by the Governor. |
| Sep 19, 2017 | Enrolled and presented to the Governor at 3 p.m. |
| Sep 11, 2017 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 5, 2017 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 7 pursuant to Assembly Rule 77. |
| Sep 5, 2017 | Read third time. Passed. Ordered to the Assembly. |
| Aug 29, 2017 | Read second time. Ordered to third reading. |
| Aug 28, 2017 | Read third time and amended. Ordered to second reading. |
| Jul 11, 2017 | Read second time. Ordered to third reading. |
| Jul 10, 2017 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jun 20, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 20). Re-referred to Com. on APPR. |
| Jun 8, 2017 | Referred to Com. on PUB. S. |
| May 30, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 30, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 46. Noes 27. Page 1779.) |
| May 22, 2017 | Read third time and amended. Ordered to third reading. (Page 1659.) |
| May 18, 2017 | Read second time. Ordered to third reading. |
| May 17, 2017 | From committee: Do pass. (Ayes 12. Noes 5.) (May 17). |
| May 4, 2017 | Re-referred to Com. on APPR. |
| May 3, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended. |
| Apr 19, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 18). Re-referred to Com. on APPR. |
| Mar 28, 2017 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 13, 2017 | Referred to Com. on PUB. S. |
| Feb 19, 2017 | From printer. May be heard in committee March 21. |
| Feb 17, 2017 | Read first time. To print. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 11, 2017 | AB 1344 WEBER Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 5, 2017 | Assembly 3rd Reading AB1344 Weber et al. By Hertzberg | Senate Floor |
Passed |
|
| Jun 20, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
|
| May 30, 2017 | AB 1344 WEBER Assembly Third Reading | Assembly Floor |
Passed |
|
| May 17, 2017 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 18, 2017 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Alliance for Boys and Men of Color | ** Support | Aug 30, 2017 |
| American Civil Liberties Union of California | ** Support | Aug 30, 2017 |
| Anti-Recidivism Coalition | ** Support | Aug 30, 2017 |
| Assembly Floor Vote: 46 - 27 | ** Against | Jun 19, 2017 |
| Black American Political Association of California, Sacramento Chapter | ** Support | Apr 17, 2017 |
| Black Women Organized for Political Action | ** Support | Aug 30, 2017 |
| California Attorneys For Criminal Justice | ** Support | Aug 30, 2017 |
| California Elder Justice Coalition | * Support | Apr 18, 2017 |
| California Public Defenders Association | ** Support | Aug 30, 2017 |
| Californians for Safety and Justice | * Support | Apr 18, 2017 |
| Center on Juvenile and Criminal Justice | ** Support | Aug 30, 2017 |
| Chief Probation Officers Of California | ** Against | Aug 30, 2017 |
| Families of San Joaquin and Boys and Men of Color | * Support | Apr 18, 2017 |
| Fathers & Families of San Joaquin | ** Support | Aug 30, 2017 |
| Greenlining Institute | ** Support | Aug 30, 2017 |
| LA Voice | ** Support | Aug 30, 2017 |
| League Of Women Voters Of California | ** Support | Aug 30, 2017 |
| Legal Services for Prisoners with Children | ** Support | Apr 17, 2017 |
| National Association of Social Workers - California Chapter | ** Support | Aug 30, 2017 |
| NSAW | * Support | Apr 18, 2017 |
| PURPOSE | ** Against | Jun 19, 2017 |
| Urban Peace Institute | * Support | Apr 18, 2017 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1344
Author:(Weber)
As Amended Ver:August 28, 2017
Majority vote
ASSEMBLY: | 46-27 | (May 30, 2017) | SENATE: | 27-11 | (September 5, 2017) |
Original Committee Reference: PUB. S.
SUMMARY: Requires the California Department of Corrections and Rehabilitation (CDCR) and county probation departments to provide specified voting rights information to persons under their jurisdiction upon request of such person.
The Senate amendment makes a non-substantive correction.
EXISTING LAW:
- Requires CDCR to do one of the following:
- Establish and maintain on the department's Internet Web site a hyperlink to the Internet Web site at which the Secretary of State's voting rights guide for incarcerated persons may be found; and,
- Post, in each parole office where parolees are seen, a notice that contains the Internet Web site address at which the Secretary of State's voting rights guide for incarcerated persons may be found.
- Requires each county probation department to do one of the following:
- Establish and maintain on the county probation department's Internet Web site a hyperlink to the Internet Web site at which the Secretary of State's voting rights guide for incarcerated persons may be found; and
- Post, in each county probation department where probationers are seen, a notice that contains the Internet Web site address at which the Secretary of State's voting rights guide for incarcerated persons may be found.
- Requires the Legislature to provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony.
- Requires that a person be a United States citizen, California resident, not in prison or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election to be entitled to register to vote in this state.
- Requires the facility administrator of a local detention facility to develop written policies and procedures whereby the county registrar of voters allows qualified voters to vote in local, state, and federal elections, pursuant to election codes.
AS PASSED BY THE ASSEMBLY, this bill:
- Required CDCR to do all of the following for each parolee under the jurisdiction of the department upon the completion of his or her parole:
- Establish and maintain on the departments Internet Web site a hyperlink to the Internet Web site at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found;
- Post in each parole office a notice that contains the Internet Web site address at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found; and,
- Upon request of the parolee, advise the parolee of information provided by the Secretary of State regarding voting rights for persons with a criminal history.
- Mandated each county probation department to do all of the following for each person under the department's jurisdiction:
- Establish and maintain on the departments Internet Web site a hyperlink to the Internet Web site at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found;
- Post in each parole office a notice that contains the Internet Web site address at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found; and,
- Upon request of a probationer, advise the probationer of information provided by the Secretary of State regarding voting rights for persons with a criminal history, who are under the department's supervision.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Minor cost to CDCR to a) print, upon request of a person on parole, a copy of information regarding voting rights of persons with a criminal history, and b) post the required information where it can be seen by individuals on parole.
- Reimbursable state-mandated costs for the probation office to print, upon request of a person on parole, a copy of information regarding voting rights of persons with a criminal history. It is doubtful that the cost to any county will exceed the $1,000 threshold to trigger a reimbursable mandate.
COMMENTS: According to the author, "Civic participation can be a critical aspect of re-entry and has been linked to reducing recidivism. However, many in California's criminal justice system are not accurately apprised of their voting rights and correct voting information is not readily accessible. To add to this confusion, almost every state handles voting rights for incarcerated and formerly incarcerated individuals differently. This leads to rumors and misinformation about an individual's voting eligibility. AB 1344 would provide additional information regarding voting rights for those who complete parole or are on probation."
Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0001511
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1344
: in Senate
SENATE PUBLIC SAFETY COMMITTEE: 5-2, 6/20/17
AYES: Skinner, Bradford, Jackson, Mitchell, Wiener
NOES: Anderson, Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 46-27, 5/30/17 - See last page for vote
DIGEST:
This bill requires the Department of Corrections and Rehabilitation, and each county probation department to provide additional information regarding voting rights to incarcerated and formerly incarcerated persons; and information authored by the Secretary of State regarding persons with a criminal history to each parolee, upon completion of their parole, and at the request of the parole.
Senate Floor Amendments of 8/28/17 add Senators Bradford and Weiner as co-authors.
- Requires the Legislature to provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony. (Cal. Const., Article II § 4.)
- Requires that a person be a U.S. citizen, California resident, not in prison or on parole for the conviction of a felony, and at least 18 years of age, at the time of the next election to be entitled to register to vote in this state. (Elec. Code § 2101)
- Declares that it is the intent of the Legislature that voter registration be maintained at the highest possible level. The Secretary of State shall adopt regulations requiring each county to design and implement programs intended to identify qualified electors who are not registered voters, and to register those persons to vote. (Elec. Code § 2105)
- Requires the facility administrator of a local detention facility to develop written policies and procedures whereby the county registrar of voters allows qualified voters to vote in local, state, and federal elections, pursuant to election codes. (Cal. Code Regs., Title 15, § 1071.)
- Requires the California Department of Corrections and Rehabilitation (CDCR) to do one of the following:
- Establish and maintain on the department’s Internet Web site a hyperlink to the Internet Web site at which the Secretary of State’s voting rights guide for incarcerated may be found.
- Post, in each parole office where paroles are seen, a notice that contains the Internet Web site address at which the Secretary of State’s voting rights guide for incarcerated persons may be found. (Elec. Code § 2105.5, subd. (a).)
- Requires each county probation department to do one of the following:
- Establish and maintain on the county probation department’s Internet Website a hyperlink to the Internet Web site at which the Secretary of State's voting rights guide for incarcerated persons may be found; or,
- Post, in each county probation department where probationers are seen, a notice that contains the Internet Web site address at which the Secretary of State's voting rights guide for incarcerated persons may be found. (Penal Code § 2101.5, subd. (b).
This bill:
- Requires the CDCR to do both of the following:
- Establish and maintain on the CDCR’s Internet Web site a hyperlink to the Internet Web site at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
- Post, in each parole office where paroles are seen, a notice that contains the Internet Web site address at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
- Requires each county probation department shall do both of the following:
- Establish and maintain on the county probation department’s Internet Web site hyperlink to the Internet Web site at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
- Post, in each probation office where probations are seen, a notice that contains the Internet Web site address at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
Background
According to the author:
Civic participation can be a critical aspect of re-entry and has been linked to reducing recidivism. However, many in California’s criminal justice system are not accurately apprised of their voting rights and correct voting information is not readily accessible. To add to this confusion, almost every state handles voting rights for incarcerated and formerly incarcerated individuals differently. This leads to rumors and misinformation about an individual’s voting eligibility.
The result is thousands of eligible voters remain unregistered to vote. These individuals are effectively deprived of the opportunity to exercise their fundamental right to vote on issues critical to them and their families. At every level of government, elected officials have a direct impact on their constituents, and having a voice in that process contributes to the well-being of the entire community. AB 1344 provides information to clarify any misconceptions about voter eligibility for individuals returning to society.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Alliance for Boys and Men of Color
American Civil Liberties Union of California
Anti-Recidivism Coalition
Black American Political Association of California – Sacramento Chapter
Black Women Organized for Political Action
California Attorneys for Criminal Justice
California State Conference of the National Association for the Advancement of Colored People
California Public Defenders Association
Center on Juvenile and Criminal Justice
Fathers & Families of San Joaquin
Greenlining Institute
LA Voice
League of Women Voters of California
National Association of Social Workers – California Chapter
OPPOSITION: (Verified 7/10/17)
Chief Probation Officers of California
ARGUMENT IN SUPPORT: According to the California State Conference of the National Association for the Advancement of Colored People:
Civic participation can be a critical aspect of re-entry and has been linked to reducing recidivism. However, many in California’s criminal justice system are not accurately apprised of their voting rights and correct voting information in not readily accessible. In California, there are thousands of unregistered voters who mistakenly believe they are permanently ineligible to vote due to a criminal charge or conviction. To add to this confusion, almost every state handles voting rights for incarcerated and formerly incarcerated individuals differently. This leads to rumors and misinformation about an individual’s voting eligibility.
The result is thousands of eligible voters remain unregistered to vote. These individuals are effectively deprived of the opportunity to exercise their fundamental right to vote on issues critical to them and the lives of their families. At every level of government, elected officials have a direct impact on their constituents, and having a voice in that process contributes to the well-being of the entire community. Finally, since the vast majority of those incarcerated are people of color, the lack of accurate voter registration information has a particularly disparate impact on communities of color in California.
AB 1344 will help eliminate misinformation and provide accurate voter information by:
- Requiring CDCR and county probation departments to establish and maintain a hyperlink on their respective websites regarding information provided by the Secretary of State regarding voting rights for persons with a criminal history.
- Requiring CDCR and county probation departments to post a notice contacting that Internet Web site address regarding information provided by the Secretary of State regarding voting rights for persons with a criminal history.
- Requiring CDCR and county probation departments, upon request, to provide information provided by the Secretary of State regarding voting rights for persons with a criminal history.
ARGUMENT IN OPPOSITION: According to the Chief Probation Officers of California (CPOC):
Probation supports fostering pro-social activities and recognizes the role of civic engagement in a person’s rehabilitation. Toward this end, CPOC worked closely with [Dr. Weber’s] office to find resolution on language in AB 149 (Weber, Chapter 508, Statues of 2014) which required probation to include a link on their department website to the Secretary of State’s voting rights guide or post, in each probation office where probationers are seen, a notice that contains the internet we address for the voting guide.
AB 1344 would require probation to obtain or print these voting guides for each person under our supervision which is a significant cost and workload. For example, as of June 30, 2015, there were 387,057 adults with supervision cases with California’s county probation departments. Probation remains extremely committed to our core mission and the supervision and rehabilitative work we do in our communities. However, the work mandated within this legislation has been, and should be, the responsibility of county elections personnel.
Adding the additional mandates to probation to provide voting guides and affidavits to persons add workload and costs to departments who are actively working to assist the persons that we supervise with a myriad of services and treatment. For these reasons, we must respectfully oppose AB 1344.
ASSEMBLY FLOOR: 46-27, 5/30/17
AYES: Aguiar-Curry, Berman, Bloom, Bocanegra, Bonta, Burke, Caballero, Calderon, Chiu, Chu, Dababneh, Daly, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Holden, Jones-Sawyer, Kalra, Levine, Limón, Low, McCarty, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon
NOES: Acosta, Travis Allen, Arambula, Baker, Bigelow, Brough, Cervantes, Chávez, Chen, Cunningham, Dahle, Flora, Fong, Gallagher, Harper, Irwin, Kiley, Lackey, Maienschein, Mathis, Mayes, Melendez, Obernolte, Patterson, Steinorth, Voepel, Waldron
NO VOTE RECORDED: Chau, Choi, Cooley, Cooper, Eggman, Frazier, Medina
Prepared by: Nico Galván / PUB. S. /
8/30/17 17:19:50
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1344
:
SENATE PUBLIC SAFETY COMMITTEE: 5-2, 6/20/17
AYES: Skinner, Bradford, Jackson, Mitchell, Wiener
NOES: Anderson, Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 46-27, 5/30/17 - See last page for vote
DIGEST:
This bill requires the Department of Corrections and Rehabilitation, and each county probation department to provide additional information regarding voting rights to incarcerated and formerly incarcerated persons; and information authored by the Secretary of State regarding persons with a criminal history to each parolee, upon completion of their parole, and at the request of the parole.
- Requires the Legislature to provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony. (Cal. Const., Article II § 4.)
- Requires that a person be a U.S. citizen, California resident, not in prison or on parole for the conviction of a felony, and at least 18 years of age, at the time of the next election to be entitled to register to vote in this state. (Elec. Code § 2101)
- Declares that it is the intent of the Legislature that voter registration be maintained at the highest possible level. The Secretary of State shall adopt regulations requiring each county to design and implement programs intended to identify qualified electors who are not registered voters, and to register those persons to vote. (Elec. Code § 2105)
- Requires the facility administrator of a local detention facility to develop written policies and procedures whereby the county registrar of voters allows qualified voters to vote in local, state, and federal elections, pursuant to election codes. (Cal. Code Regs., Title 15, § 1071.)
- Requires the California Department of Corrections and Rehabilitation (CDCR) to do one of the following:
- Establish and maintain on the department’s Internet Web site a hyperlink to the Internet Web site at which the Secretary of State’s voting rights guide for incarcerated may be found.
- Post, in each parole office where paroles are seen, a notice that contains the Internet Web site address at which the Secretary of State’s voting rights guide for incarcerated persons may be found. (Elec. Code § 2105.5, subd. (a).)
- Requires each county probation department to do one of the following:
- Establish and maintain on the county probation department’s Internet Website a hyperlink to the Internet Website at which the Secretary of State's voting rights guide for incarcerated persons may be found; or,
- Post, in each county probation department where probationers are seen, a notice that contains the Internet Website address at which the Secretary of State's voting rights guide for incarcerated persons may be found. (Penal Code § 2101.5, subd. (b).)
This bill:
- Requires the CDCR to do both of the following:
- Establish and maintain on the CDCR’s Internet Web site a hyperlink to the Internet Web site at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
- Post, in each parole office where paroles are seen, a notice that contains the Internet Website address at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
- Requires each county probation department shall do both of the following:
- Establish and maintain on the county probation department’s Internet Web site hyperlink to the Internet Web site at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
- Post, in each probation office where probations are seen, a notice that contains the Internet Web site address at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
Background
According to the author:
Civic participation can be a critical aspect of re-entry and has been linked to reducing recidivism. However, many in California’s criminal justice system are not accurately apprised of their voting rights and correct voting information is not readily accessible. To add to this confusion, almost every state handles voting rights for incarcerated and formerly incarcerated individuals differently. This leads to rumors and misinformation about an individual’s voting eligibility.
The result is thousands of eligible voters remain unregistered to vote. These individuals are effectively deprived of the opportunity to exercise their fundamental right to vote on issues critical to them and their families. At every level of government, elected officials have a direct impact on their constituents, and having a voice in that process contributes to the well-being of the entire community. AB 1344 provides information to clarify any misconceptions about voter eligibility for individuals returning to society.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Alliance for Boys and Men of Color
American Civil Liberties Union of California
Anti-Recidivism Coalition
Black American Political Association of California – Sacramento Chapter
Black Women Organized for Political Action
California Attorneys for Criminal Justice
California State Conference of the National Association for the Advancement of Colored People
California Public Defenders Association
Center on Juvenile and Criminal Justice
Fathers & Families of San Joaquin
Greenlining Institute
LA Voice
League of Women Voters of California
National Association of Social Workers – California Chapter
OPPOSITION: (Verified 7/10/17)
Chief Probation Officers of California
ARGUMENT IN SUPPORT: According to the California State Conference of the National Association for the Advancement of Colored People:
Civic participation can be a critical aspect of re-entry and has been linked to reducing recidivism. However, many in California’s criminal justice system are not accurately apprised of their voting rights and correct voting information in not readily accessible. In California, there are thousands of unregistered voters who mistakenly believe they are permanently ineligible to vote due to a criminal charge or conviction. To add to this confusion, almost every state handles voting rights for incarcerated and formerly incarcerated individuals differently. This leads to rumors and misinformation about an individual’s voting eligibility.
The result is thousands of eligible voters remain unregistered to vote. These individuals are effectively deprived of the opportunity to exercise their fundamental right to vote on issues critical to them and the lives of their families. At every level of government, elected officials have a direct impact on their constituents, and having a voice in that process contributes to the well-being of the entire community. Finally, since the vast majority of those incarcerated are people of color, the lack of accurate voter registration information has a particularly disparate impact on communities of color in California.
AB 1344 will help eliminate misinformation and provide accurate voter information by:
- Requiring CDCR and county probation departments to establish and maintain a hyperlink on their respective websites regarding information provided by the Secretary of State regarding voting rights for persons with a criminal history.
- Requiring CDCR and county probation departments to post a notice contacting that Internet Web site address regarding information provided by the Secretary of State regarding voting rights for persons with a criminal history.
- Requiring CDCR and county probation departments, upon request, to provide information provided by the Secretary of State regarding voting rights for persons with a criminal history.
ARGUMENT IN OPPOSITION: According to the Chief Probation Officers of California (CPOC):
Probation supports fostering pro-social activities and recognizes the role of civic engagement in a person’s rehabilitation. Toward this end, CPOC worked closely with [Dr. Weber’s] office to find resolution on language in AB 149 (Weber, Chapter 508, Statues of 2014) which required probation to include a link on their department website to the Secretary of State’s voting rights guide or post, in each probation office where probationers are seen, a notice that contains the internet we address for the voting guide.
AB 1344 would require probation to obtain or print these voting guides for each person under our supervision which is a significant cost and workload. For example, as of June 30, 2015, there were 387,057 adults with supervision cases with California’s county probation departments. Probation remains extremely committed to our core mission and the supervision and rehabilitative work we do in our communities. However, the work mandated within this legislation has been, and should be, the responsibility of county elections personnel.
Adding the additional mandates to probation to provide voting guides and affidavits to persons add workload and costs to departments who are actively working to assist the persons that we supervise with a myriad of services and treatment. For these reasons, we must respectfully oppose AB 1344.
ASSEMBLY FLOOR: 46-27, 5/30/17
AYES: Aguiar-Curry, Berman, Bloom, Bocanegra, Bonta, Burke, Caballero, Calderon, Chiu, Chu, Dababneh, Daly, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Holden, Jones-Sawyer, Kalra, Levine, Limón, Low, McCarty, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon
NOES: Acosta, Travis Allen, Arambula, Baker, Bigelow, Brough, Cervantes, Chávez, Chen, Cunningham, Dahle, Flora, Fong, Gallagher, Harper, Irwin, Kiley, Lackey, Maienschein, Mathis, Mayes, Melendez, Obernolte, Patterson, Steinorth, Voepel, Waldron
NO VOTE RECORDED: Chau, Choi, Cooley, Cooper, Eggman, Frazier, Medina
Prepared by: Nico Galván / PUB. S. /
7/12/17 11:32:20
**** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: AB 1344 Hearing Date: June 20, 2017
Author: | Weber | ||
Version: | May 22, 2017 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | NG | ||
Subject: Voting Rights: Inmates and Persons Formerly Incarcerated
HISTORY
Source: Author
Prior Legislation: AB 2243 (Weber) Chapter 899, Statues of 2014
AB 821 (Ridley-Thomas) failed in Senate Elections and Constitutional Amendments, 2006
AB 149 (Weber) Chapter 580, Statues of 2013
Support: Alliance for Boys and Men of Color; American Civil Liberties Union of California; Anti-Recidivism Coalition; Black American Political Association of California – Sacramento Chapter; Black Women Organized for Political Action; California Public Defenders Association; Center on Juvenile and Criminal Justice; Fathers & Families of San Joaquin; Greenlining Institute; LA Voice; League of Women Voters of California; National Association of Social Workers – California Chapter
Opposition: Chief Probation Officers of California
Assembly Floor Vote: 46 - 27
PURPOSE
The purpose of this bill is to require the Department of Corrections and Rehabilitation, and each county probation department to provide additional information regarding voting rights to incarcerated and formerly incarcerated persons; and information authored by the Secretary of State regarding persons with a criminal history to each parolee, upon completion of their parole, and at the request of the parole.
Existing law requires the Legislature to provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony. (Cal. Const., Article II § 4.)
Existing law requires that a person be a U.S. citizen, California resident, not in prison or on parole for the conviction of a felony, and at least 18 years of age, at the time of the next election to be entitled to register to vote in this state. (Elec. Code § 2101)
Existing law declares that it is the intent of the Legislature that voter registration be maintained at the highest possible level. The Secretary of State shall adopt regulations requiring each county to design and implement programs intended to identify qualified electors who are not registered voters, and to register those persons to vote. (Elec. Code § 2105)
Existing law requires the facility administrator of a local detention facility to develop written policies and procedures whereby the county registrar of voters allows qualified voters to vote in local, state, and federal elections, pursuant to election codes. (Cal. Code Regs., Title 15, § 1071.)
Existing law requires the California Department of Corrections and Rehabilitation (CDCR) to do one of the following:
- Establish and maintain on the department’s Internet Web site a hyperlink to the Internet Web site at which the Secretary of State’s voting rights guide for incarcerated may be found.
- Post, in each parole office where paroles are seen, a notice that contains the Internet Web site address at which the Secretary of State’s voting rights guide for incarcerated persons may be found. (Elec. Code § 2105.5, subd. (a).)
Existing law requires each county probation department to do one of the following:
- Establish and maintain on the county probation department’s Internet Website a hyperlink to the Internet Website at which the Secretary of State's voting rights guide for incarcerated persons may be found; or,
- Post, in each county probation department where probationers are seen, a notice that contains the Internet Website address at which the Secretary of State's voting rights guide for incarcerated persons may be found. (Penal Code § 2101.5, subd. (b).)
This bill would require the CDCR to do both of the following:
- Establish and maintain on the department’s Internet Web site a hyperlink to the Internet Web site at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
- Post, in each parole office where paroles are seen, a notice that contains the Internet Website address a t which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
This bill would require each county probation department shall do both of the following:
- Establish and maintain on the county probation department’s Internet Web site hyperlink to the Internet Web site at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
- Post, in each probation office where probations are seen, a notice that contains the Internet Web site address at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found.
This bill would require CDCR to provide each parolee, upon the completion of his or her parole, upon the parolee’s request, information provided by the Secretary of State regarding voting rights for persons with a criminal history.
This bill would encourage each county probation department to notify persons that a printed version of information regarding voter rights for persons with a criminal history, who are under the department’s supervision, is available upon request.
This bill would require each county probation department to provide each person under the department’s supervision, upon the person’s request, information provided by the Secretary of State regarding voting rights for persons with a criminal history.
COMMENTS
1. Need for This Bill
According to the author:
Civic participation can be a critical aspect of re-entry and has been linked to reducing recidivism. However, many in California’s criminal justice system are not accurately apprised of their voting rights and correct voting information is not readily accessible. To add to this confusion, almost every state handles voting rights for incarcerated and formerly incarcerated individuals differently. This leads to rumors and misinformation about an individual’s voting eligibility.
The result is thousands of eligible voters remain unregistered to vote. These individuals are effectively deprived of the opportunity to exercise their fundamental right to vote on issues critical to them and their families. At every level of government, elected officials have a direct impact on their constituents, and having a voice in that process contributes to the well-being of the entire community. AB 1344 provides information to clarify any misconceptions about voter eligibility for individuals returning to society.
2. What This Bill Does
a. Expansion of Existing Services Provided by the Department of Corrections and Rehabilitation (CDCR)
As stated above, existing law requires CDCR is to provide one of two following services in regards to voting information:
- Establish and maintain on the department’s Internet Web site a hyperlink to the Internet Web site at which the Secretary of State’s voting rights guide for incarcerated may be found; or,
- Post, in each parole office where paroles are seen, a notice that contains the Internet Web site address at which the Secretary of State’s voting rights guide for incarcerated persons may be found.
This bill requires CDCR to provide both of the services stated above. This bill additionally expands these services by providing general information regarding voting rights for persons with a criminal history, instead of only providing the voting rights guide for incarcerated persons.
This bill also requires CDCR to provide to parolees, upon the completion of their parole, and upon request of the parolee, additional information authored by the Secretary of State regarding voting rights for persons with a criminal history.
b. Expansion of Existing Services Provided by County Probation Departments.
As stated above, existing law requires each county probation department to provide one of the two following services in regards to voting information:
- Establish and maintain on the county probation department’s Internet Website a hyperlink to the Internet Website at which the Secretary of State's voting rights guide for incarcerated persons may be found; or,
- Post, in each county probation department where probationers are seen, a notice that contains the Internet Website address at which the Secretary of State's voting rights guide for incarcerated persons may be found.
This bill requires county probation department to provide both of the services stated above. This bill additionally expands these services by providing general information regarding voting rights for persons with a criminal history, instead of only providing the voting rights guide for incarcerated persons.
This bill also encourages each county probation department to notify persons who are under the department’s supervision that a printed version of information regarding voter rights for persons with a criminal history is available upon request. If such request is made upon the completion of parole, this bill requires each county probation department to provide information authored by the Secretary of State regarding voting rights for persons with a criminal history.
3. Argument in Support
The American Civil Liberties Union (ACLU) states, in support:
Civic participation is a critical aspect of re-entry and has been linked to reducing recidivism. At every level of government, elected officials have a direct impact on their constituents, and having a voice in that process contributes to the well-being of the entire community. However, due to a lack of accurate information, there may be thousands of unregistered Californ[ians] who mistakenly believe they are permanently ineligible to vote due to a criminal charge or conviction.
This situation is exacerbated by the fact that the laws regarding the voting rights for incarcerated and formerly incarcerated individuals vary widely from state to state, and that the law has changed several times in California over the past five years. Since people of color are incarcerated at disproportionate rates to their white counterparts, this lack of accurate voter registration information has a particularly disparate impact on communities of color in California.
AB 1344 will help eliminate misinformation and provide accurate voter information:
- Require the Department of Corrections and Rehabilitation to provide parolees with the most recent version of the Secretary of State’s voting rights guide and an affidavit or registration upon completion of their parole.
- Require the county probation departments to provide probationers with the most recent version of the Secretary of State’s voting rights guide, and, upon request, an affidavit of registration.
5. Argument in Opposition
The Chief Probation Officers of California (CPOC) states, in opposition:
Probation supports fostering pro-social activities and recognizes the role of civic engagement in a person’s rehabilitation. Toward this end, CPOC worked closely with [Dr. Weber’s] office to find resolution on language in AB 149 (Weber, Chapter 508, Statues of 2014) which required probation to include a link on their department website to the Secretary of State’s voting rights guide or post, in each probation office where probationers are seen, a notice that contains the internet we address for the voting guide.
AB 1344 would require probation to obtain or print these voting guides for each person under our supervision which is a significant cost and workload. For example, as of June 30, 2015, there were 387,057 adults with supervision cases with California’s county probation departments. Probation remains extremely committed to our core mission and the supervision and rehabilitative work we do in our communities. However, the work mandated within this legislation has been, and should be, the responsibility of county elections personnel.
Adding the additional mandates to probation to provide voting guides and affidavits to persons add workload and costs to departments who are actively working to assist the persons that we supervise with a myriad of services and treatment. For these reasons, we must respectfully oppose AB 1344.
– END –
ASSEMBLY THIRD READING
ATR Bill Id:AB 1344
Author:(Weber)
As Amended Ver:May 22, 2017
Majority vote
Committee | Votes | Ayes | Noes |
Public Safety | 5-2 | Jones-Sawyer, Gonzalez Fletcher, Quirk, Rubio, Santiago | Lackey, Flora |
Appropriations | 12-5 | Gonzalez Fletcher, Bloom, Levine, Bonta, Calderon, Quirk, Eggman, Thurmond, Eduardo Garcia, Gray, Muratsuchi, Reyes | Bigelow, Brough, Fong, Gallagher, Obernolte |
SUMMARY: Requires the California Department of Corrections and Rehabilitation (CDCR) and county probation departments to provide specified voting rights information to persons under their jurisdiction upon request of such person. Specifically, this bill:
- Requires CDCR to do all of the following for each parolee under the jurisdiction of the department upon the completion of his or her parole:
- Establish and maintain on the departments Internet Web site a hyperlink to the Internet Web site at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found;
- Post in each parole office a notice that contains the Internet Web site address at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found; and,
- Upon request of the parolee, advise the parolee of information provided by the Secretary of State regarding voting rights for persons with a criminal history.
- Mandates each county probation department to do all of the following for each person under the department's jurisdiction:
- Establish and maintain on the departments Internet Web site a hyperlink to the Internet Web site at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found;
- Post in each parole office a notice that contains the Internet Web site address at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found; and,
- Upon request of a probationer, advise the probationer of information provided by the Secretary of State regarding voting rights for persons with a criminal history, who are under the department's supervision.
EXISTING LAW:
- Requires CDCR to do one of the following:
- Establish and maintain on the department's Internet Web site a hyperlink to the Internet Web site at which the Secretary of State's voting rights guide for incarcerated persons may be found; and,
- Post, in each parole office where parolees are seen, a notice that contains the Internet Web site address at which the Secretary of State's voting rights guide for incarcerated persons may be found.
- Requires each county probation department to do one of the following:
- Establish and maintain on the county probation department's Internet Web site a hyperlink to the Internet Web site at which the Secretary of State's voting rights guide for incarcerated persons may be found; and
- Post, in each county probation department where probationers are seen, a notice that contains the Internet Web site address at which the Secretary of State's voting rights guide for incarcerated persons may be found.
- Requires the Legislature to provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony.
- Requires that a person be a United States citizen, California resident, not in prison or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election to be entitled to register to vote in this state.
- Requires the facility administrator of a local detention facility to develop written policies and procedures whereby the county registrar of voters allows qualified voters to vote in local, state, and federal elections, pursuant to election codes.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Minor cost to CDCR to a) print, upon request of a person on parole, a copy of information regarding voting rights of persons with a criminal history, and b) post the required information where it can be seen by individuals on parole.
- Reimbursable state-mandated costs for the probation office to print, upon request of a person on parole, a copy of information regarding voting rights of persons with a criminal history. It is doubtful that the cost to any county will exceed the $1,000 threshold to trigger a reimbursable mandate.
COMMENTS: According to the author, "Civic participation can be a critical aspect of re-entry and has been linked to reducing recidivism. However, many in California's criminal justice system are not accurately apprised of their voting rights and correct voting information is not readily accessible. To add to this confusion, almost every state handles voting rights for incarcerated and formerly incarcerated individuals differently. This leads to rumors and misinformation about an individual's voting eligibility. AB 1344 would provide additional information regarding voting rights for those who complete parole or are on probation."
Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0000463
ASSEMBLY THIRD READING
ATR Bill Id:AB 1344
Author:(Weber)
As Amended Ver:May 3, 2017
Majority vote
Committee | Votes | Ayes | Noes |
Public Safety | 5-2 | Jones-Sawyer, Gonzalez Fletcher, Quirk, Rubio, Santiago | Lackey, Flora |
Appropriations | 12-5 | Gonzalez Fletcher, Bloom, Levine, Bonta, Calderon, Quirk, Eggman, Thurmond, Eduardo Garcia, Gray, Muratsuchi, Reyes | Bigelow, Brough, Fong, Gallagher, Obernolte |
SUMMARY: Requires the California Department of Corrections and Rehabilitation (CDCR) and county probation departments to provide specified voting rights information to persons under their jurisdiction upon request of such person. Specifically, this bill:
- Requires CDCR to do all of the following for each parolee under the jurisdiction of the department upon the completion of his or her parole:
- Establish and maintain on the departments Internet Web site a hyperlink to the Internet Web site at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found;
- Post in each parole office a notice that contains the Internet Web site address at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found; and,
- Upon request of the parolee, advise the parolee of information provided by the Secretary of State regarding voting rights for persons with a criminal history.
- Mandates each county probation department to do all of the following for each person under the department's jurisdiction:
- Establish and maintain on the departments Internet Web site a hyperlink to the Internet Web site at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found;
- Post in each parole office a notice that contains the Internet Web site address at which information provided by the Secretary of State regarding voting rights for persons with a criminal history may be found; and,
- Upon request of a probationer, advise the probationer of information provided by the Secretary of State regarding voting rights for persons with a criminal history.
EXISTING LAW:
- Requires CDCR to do one of the following:
- Establish and maintain on the department's Internet Web site a hyperlink to the Internet Web site at which the Secretary of State's voting rights guide for incarcerated persons may be found; and,
- Post, in each parole office where parolees are seen, a notice that contains the Internet Web site address at which the Secretary of State's voting rights guide for incarcerated persons may be found.
- Requires each county probation department to do one of the following:
- Establish and maintain on the county probation department's Internet Web site a hyperlink to the Internet Web site at which the Secretary of State's voting rights guide for incarcerated persons may be found; and
- Post, in each county probation department where probationers are seen, a notice that contains the Internet Web site address at which the Secretary of State's voting rights guide for incarcerated persons may be found.
- Requires the Legislature to provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony.
- Requires that a person be a United States citizen, California resident, not in prison or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election to be entitled to register to vote in this state.
- Requires the facility administrator of a local detention facility to develop written policies and procedures whereby the county registrar of voters allows qualified voters to vote in local, state, and federal elections, pursuant to election codes.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Minor cost to CDCR to a) print, upon request of a person on parole, a copy of information regarding voting rights of persons with a criminal history, and b) post the required information where it can be seen by individuals on parole.
- Reimbursable state-mandated costs for the probation office to print, upon request of a person on parole, a copy of information regarding voting rights of persons with a criminal history. It is doubtful that the cost to any county will exceed the $1,000 threshold to trigger a reimbursable mandate.
COMMENTS: According to the author, "Civic participation can be a critical aspect of re-entry and has been linked to reducing recidivism. However, many in California's criminal justice system are not accurately apprised of their voting rights and correct voting information is not readily accessible. To add to this confusion, almost every state handles voting rights for incarcerated and formerly incarcerated individuals differently. This leads to rumors and misinformation about an individual's voting eligibility. AB 1344 would provide additional information regarding voting rights for those who complete parole or are on probation."
Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0000450
Date of Hearing: May 17, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 1344
Author:(Weber) – As Amended Ver:May 3, 2017
Policy Committee: | Public Safety | Vote: | 5 - 2 |
|
| ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill requires the California Department of Corrections and Rehabilitation (CDCR) and county probation departments to provide voting rights information to persons under their jurisdiction.
FISCAL EFFECT:
- Minor cost to CDCR to a) print, upon request of a person on parole, a copy of information regarding voting rights of persons with a criminal history, and b) post the required information where it can be seen by individuals on parole.
- Reimbursable state-mandated costs for the probation office to print, upon request of a person on parole, a copy of information regarding voting rights of persons with a criminal history. It is doubtful that the cost to any county will exceed the $1,000 threshold to trigger a reimbursable mandate.
COMMENTS:
- Purpose. According to the author, "Civic participation can be a critical aspect of re-entry and has been linked to reducing recidivism. However, many in California’s criminal justice system are not accurately apprised of their voting rights and correct voting information is not readily accessible.” There are many rumors and misinformation about the voting rights of those who complete parole or are on probation.
- Background. AB 149 (Weber), Chapter 580, Statutes of 2014, requires county probation to include a link on their department website to the Secretary of State's voting rights guide or post, in each probation office where probationers are seen, a notice that contains the internet web address of the voting rights guide.
AB 2243 (Weber), Chapter 899, Statutes of 2014, requires the CDCR to establish and maintain on the department's Internet Website a hyperlink to the Internet Website at which the Secretary of State's voting rights guide for incarcerated persons may be found; or post, in each parole office where parolees are seen, a notice that contains the Internet Website address at which the Secretary of State's voting rights guide for incarcerated persons may be found. Parolees currently receive a card with the Website information.
This bill requires CDCR and county probation offices to do both, meet the internet requirements and to post the information regarding votings rights. AB 1344 also requires the two agencies to provide printed material, upon request of the individual on parole or probation.
- Support. According to the California Attorneys for Criminal Justice, "Currently, there is no law requiring voter registration information or services to be provided to parolees or probationers once probation is completed. AB 1344 will help eliminate barriers to Californians who are eligible to vote."
- Opposition. According to the Chief Probation Officers of California, “Probation remains extremely committed to our core mission and the supervision and rehabilitative work we do in our communities. However, the work mandated within this legislation has been and should continue to be, the responsibility of county elections personnel."
Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081
Date of Hearing:
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:AB 1344
Author:(Weber) – As Introduced Ver:February 17, 2017
SUMMARY:
Requires the California Department of Corrections and Rehabilitation (CDCR) and county probation departments to provide voting rights information, and affidavits of registration to persons under their jurisdiction. Specifically, this bill:
- Requires CDCR to do all of the following for each parolee under the jurisdiction of the department upon the completion of his or her parole:
- Provide the parolee the most recent version of the Secretary of State's voting rights guide for incarcerated persons;
- Inform the parolee, at the time the parolee is provided the voting guide, that he or she may be eligible to vote; and,
- Provide the parolee an affidavit of registration.
- Provide the parolee the most recent version of the Secretary of State's voting rights guide for incarcerated persons;
- Mandates each county probation department to do all of the following for each person under the department's jurisdiction:
- Provide the person the most recent version of the Secretary of State's voting rights guide for incarcerated persons;
- Inform the person, at the time the person is provided the voting guide, that he or she may be eligible to vote; and,
- Provide the person, upon the person's request, an affidavit of registration if the person is eligible to vote.
- Provide the person the most recent version of the Secretary of State's voting rights guide for incarcerated persons;
EXISTING LAW:
- Requires CDCR to do one of the following:
- Establish and maintain on the department's Internet Website a hyperlink to the Internet Website at which the Secretary of State's voting rights guide for incarcerated persons may be found; and,
- Post, in each parole office where parolees are seen, a notice that contains the Internet Website address at which the Secretary of State's voting rights guide for incarcerated persons may be found. (Elec. Code, § 2105.5, subd. (a).)
- Establish and maintain on the department's Internet Website a hyperlink to the Internet Website at which the Secretary of State's voting rights guide for incarcerated persons may be found; and,
- Requires each county probation department to do one of the following:
- Establish and maintain on the county probation department's Internet Web site a hyperlink to the Internet Web site at which the Secretary of State's voting rights guide for incarcerated persons may be found; and
- Post, in each county probation department where probationers are seen, a notice that contains the Internet Website address at which the Secretary of State's voting rights guide for incarcerated persons may be found. (Elec. Code, § 2105.5, subd. (b).)
- Establish and maintain on the county probation department's Internet Web site a hyperlink to the Internet Web site at which the Secretary of State's voting rights guide for incarcerated persons may be found; and
- Requires the Legislature to provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony. (Cal. Const., Article II, § 4.)
- Requires that a person be a U.S. citizen, California resident, not in prison or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election to be entitled to register to vote in this state. (Elec. Code, § 2101.)
- Requires the facility administrator of a local detention facility to develop written policies and procedures whereby the county registrar of voters allows qualified voters to vote in local, state, and federal elections, pursuant to election codes. (Cal. Code of Regulations, Title 15, § 1071.)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, "Civic participation can be a critical aspect of re-entry and has been linked to reducing recidivism. However, many in California’s criminal justice system are not accurately apprised of their voting rights and correct voting information is not readily accessible. To add to this confusion, almost every state handles voting rights for incarcerated and formerly incarcerated individuals differently. This leads to rumors and misinformation about an individual’s voting eligibility. AB 1344 would provide additional information regarding voting rights for those who complete parole or are on probation.”
- Argument in Support: According to the California Attorneys for Criminal Justice, "This bill provides individuals that complete parole or probation certain voting rights information. Participation in civic duties such as voting is a critical component of reentry and recidivism reduction for individuals released from prison. Currently, there are thousands of unregistered voters in California due to the assumption that they are permanently ineligible to vote because of a criminal conviction. Furthermore, those individuals are not properly apprised of their voting rights and accurate voting information is not readily available. This results in many individuals being deprived of their fundamental rights to vote on issues and candidates that directly impact their lives.
"Although prior legislation was passed to better educate and assist formerly incarcerated individuals on their voting rights. Currently, there is no law requiring voter registration information or services to be provided to parolees or probationers once probation is completed. AB 1344 will help eliminate barriers to Californians who are eligible to vote." - Argument in Opposition: According to the Chief Probation Officers of California, "I write to inform you of our opposition to AB 1344 which would require county probation offices and the California Department of Corrections and Rehabilitation (CDCR) to provide each person under are supervision with the Secretary of State's voting rights guide, inform them that they are eligible to vote."
"Probation supports fostering pro-social activities and recognizes the role of civic engagements in a person's rehabilitation. Toward this end the Chief Probation Officers of California (CPOC) worked closely with the author to find resolution on AB 149 (Weber), Chapter 580, Statutes of 2014, which required probation to include a link on their department website to the Secretary of State's voting rights guide or post, in each probation office where probationers are seen, a notice that contains the internet web address of the voting rights guide.
"AB 1344 would require probation to obtain or print these voting rights guides for each person under our supervision which is a significant cost and workload. For example, as of June 30, 2015, there were 387,059 adults with supervision cases with California's county probation departments. Probation remains extremely committed to our core mission and the supervision and rehabilitative work we do in our communities. However, the work mandated within this legislation has been and should continue to be, the responsibility of county elections personnel." - Prior Legislation:
- AB 2243 (Weber), Chapter 899, Statutes of 2014, requires the CDCR to make specified information relating to voting rights of incarcerated persons available to the public, and parolees under their jurisdiction.
- AB 149 (Weber), Chapter 580, Statutes of 2013, required each county probation department to either establish and maintain on the department’s Web site a hyperlink to the Secretary of State’s voting rights guide for incarcerated persons or post a notice with the Web site address that contains the Secretary of State’s voting rights guide for incarcerated persons in each probation office where probationers are seen.
- AB 2243 (Weber), Chapter 899, Statutes of 2014, requires the CDCR to make specified information relating to voting rights of incarcerated persons available to the public, and parolees under their jurisdiction.
REGISTERED SUPPORT / OPPOSITION:
Support
Alliance for Boys and Men of Color
American Civil Liberties Union
Black American Political Association of California, Sacramento Chapter
Black Women Organized for Action
California Attorneys for Criminal Justice
California Public Defenders Association
Center on Juvenile and Criminal Justice
Fathers & Families of San Joaquin
Greenlining Institute
Legal Services for Prisoners with Children
National Association of Social Workers, California Chapter
Opposition
Chief Probation Officers of California
Analysis Prepared by:
Gregory Pagan / PUB. S. /
Discussed in Hearing
Assembly Floor
Senate Floor
Senate Standing Committee on Public Safety
Assembly Floor
Assembly Floor
Assembly Standing Committee on Appropriations
Assembly Standing Committee on Public Safety
Bill Author
Bill Co-Author(s):