Existing law requires criminal justice agencies to compile records and data, including a summary of arrests, pretrial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, rehabilitation, and release, about criminal offenders. Existing law requires admissions or releases from detention facilities to be reported by the detention agency to the Department of Justice within 30 days of that action.

This bill would clarify the requirement that both admission and release from detention facilities be reported by the detention agency to the department within 30 days. By increasing the duties of local detention facilities, 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 requires criminal justice agencies to compile records and data, including a summary of arrests, pretrial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, rehabilitation, and release, about criminal offenders. Existing law requires admissions or releases from detention facilities to be reported by the detention agency to the Department of Justice within 30 days of that action.

This bill would clarify the requirement that both admission and release from detention facilities be reported by the detention agency to the department within 30 days. By increasing the duties of local detention facilities, 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 requires criminal justice agencies to compile records and data, including a summary of arrests, pretrial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, rehabilitation, and release, about criminal offenders. Existing law requires admissions or releases from detention facilities to be reported by the detention agency to the Department of Justice within 30 days of that action.

This bill would clarify the requirement that both admission and release from detention facilities be reported by the detention agency to the department within 30 days. By increasing the duties of local detention facilities, 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.

 THIRD READING  

Bill No: AB 2080

Author:

:

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/12/18

AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18

AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Wiener

ASSEMBLY FLOOR: 68-0, 4/12/18 (Consent) - See last page for vote

SUBJECT:

SOURCE: Attorney General’s Office

DIGEST:

This bill specifies that detention facilities are required to report both inmate admissions and releases to the Department of Justice (DOJ) within 30 days of such an action.

ANALYSIS:

Existing law:

1. Provides that criminal justice agencies in the state require accurate and reasonably complete criminal offender record information to assist in the performance of their official duties. (Pen. Code, § 13100, subd. (a).)
2. Defines criminal justice agencies as those agencies at all levels of government which perform as their principal functions, activities which either relate to the apprehension, prosecution, adjudication, incarceration, or correction of criminal offenders, or relate to the collection, storage, dissemination or usage of criminal offender record information. (Pen. Code, § 13101.)
3. Defines criminal offender record information as records and data compiled by criminal justice agencies for purposes of identifying criminal offenders and of maintaining as to each such offender a summary of arrests, pretrial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, rehabilitation, and release. (Pen. Code, § 13102.)
4. Provides that criminal offender record information includes, among other things, the period and place of any confinement, including admission, release; and, where appropriate, readmission and rerelease dates. (Pen. Code, § 13102, subd. (e).)
5. Requires that detention agencies report admissions or releases to the DOJ within 30 days of such action. (Pen. Code, § 13152.)
6. Mandates that the Board of State and Community Corrections (BSCC) establish minimum standards for local correctional facilities. (Pen. Code, § 6030, subd. (a).)
7. Requires the sheriff, chief of police, or other official in charge of operating the adult detention system in a county or city to maintain data regarding jail admissions of sentenced and unsentenced inmates, booking charge, date and time of booking, date and time of release. (Pen. Code, § 6031.2, subd. (d)(2).)
8. Requires the California Department of Corrections and Rehabilitation (CDCR) to, among other things, keep a population estimate of the projected number of offenders as well as the actual number of offenders. (Pen. Code, § 5031, subds. (b)(2) & (3).)

This bill specifies that detention facilities are required to report both inmate admissions and releases to the DOJ within 30 days of such an action.

Background

AB 135 (Crown, Chapter 992, Statutes of 1973) established various procedures for recording, reporting, storing, disseminating, and using criminal offender record information. The Legislative findings and declarations of AB 135 are codified in Penal Code section 13100 and provide, among other things, that “the criminal justice agencies in this state require, for the performance of their official duties, accurate and reasonably complete criminal offender record information” and “in order to achieve [this], the recording, reporting, storage, analysis, and dissemination of criminal offender record information in this state must be made more uniform and efficient, and better controlled and coordinated.”

Criminal offender record information is defined as “records and data compiled by criminal justice agencies for purposes of identifying criminal offenders and of maintaining as to each such offender a summary of arrests, pretrial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, rehabilitation, and release.” (Pen. Code, § 13102.) Among the information considered to be criminal offender record information is “the period and place of any confinement, including admission, release; and, where appropriate, readmission and rerelease dates.” (Pen. Code § 13102, subd. (e).) Although Penal Code section 13152 provides that “[a]dmissions or releases from detention facilities shall be reported by the detention agency to the Department of Justice within 30 days of such action,” it appears that the Legislature intended for detention facilities to submit both pieces of information to the DOJ in order to aid the department in carrying out its duties.

Current Population Accounting Practices of Detention Facilities

CDCR maintains a variety of inmate admission and release information including, among other things, the average daily prison population, the percentage of felons paroled who are returned to prison, and the average time served by felons. (CDCR Office of Research, Offender Data Points (June 2017), <https://www.cdcr.ca.gov/Reports_Research/docs/Data-Points-Jun-2017.pdf ; CDCR Office of Research, Population Reports, <https://www.cdcr.ca.gov/Reports_Research/Offender_Information_Services_Branch/Population_Reports.html .)

Local detention facilities also maintain admissions and release data. Penal Code section 6031.2 requires the BSCC to submit an annual report to the Legislature that includes a variety of data, such as inmate accounting system data maintained by the sheriff, chief of police, or other official in charge of operating the adult detention system in a county or city. Inmate accounting system data includes the average daily population of sentenced and unsentenced inmates classified according to gender and juvenile status as well as jail admissions of sentenced and unsentenced inmates, booking charge, date and time of booking, and date and time of release. Local law enforcement agencies report this data to the BSCC which publishes this data in its Jail Profile Survey. The Jail Profile Survey data is searchable via an online database. (http://www.bscc.ca.gov/s _ fsojailprofilesurvey.php)

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• Local detention facilities: Unknown, potentially-reimbursable one-time over $50,000 in the aggregate for all fifty-eight county jail operators (primarily sheriffs) and city-owned and -operated detention facility operators to establish a process to report both admission and release dates to DOJ if that is not the current practice. Ongoing costs likely would be minor and absorbable. Local costs to comply with this measure would be subject to reimbursement by the state to the extent that the Commission on State Mandates determines that this bill imposes a state-mandated local program. (General Fund/local funds)
• CDCR: Negligible costs.

SUPPORT: (Verified 8/16/18)

Attorney General’s Office (source)

Crime Victims United of California

OPPOSITION: (Verified 8/16/18)

None received

ASSEMBLY FLOOR: 68-0, 4/12/18

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Grayson, Harper, Holden, Irwin, Kalra, Kiley, Lackey, Levine, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Bloom, Cristina Garcia, Gray, Jones-Sawyer, Limón, Low, Mullin, Santiago, Steinorth

Prepared by:

8/18/18 14:22:37

**** END ****

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2080 (Cervantes) - Criminal offender record information: reporting

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 2080 would require detention facilities to report to the Department of Justice (DOJ) both inmate admission and release dates within thirty days of such actions.

Fiscal Impact:

• Local detention facilities: Unknown, potentially-reimbursable one-time over $50,000 in the aggregate for all fifty-eight county jail operators (primarily sheriffs) and city-owned and -operated detention facility operators to establish a process to report both admission and release dates to DOJ if that is not the current practice. Ongoing costs likely would be minor and absorbable. Local costs to comply with this measure would be subject to reimbursement by the state to the extent that the Commission on State Mandates determines that this bill imposes a state-mandated local program. (General Fund/local funds)
• Department of Corrections and Rehabilitation: Negligible costs.

Background:

According to the analysis of this bill by the Senate Committee on Public Safety:

AB 135 (Crown, Chapter 992, Statutes of 1973) established various procedures for recording, reporting, storing, disseminating, and using criminal offender record information. The Legislative findings and declarations of AB 135 are codified in Penal Code section 13100 and provide, among other things, that “the criminal justice agencies in this state require, for the performance of their official duties, accurate and reasonably complete criminal offender record information” and “in order to achieve [this], the recording, reporting, storage, analysis, and dissemination of criminal offender record information in this state must be made more uniform and efficient, and better controlled and coordinated.”

Criminal offender record information is defined as “records and data compiled by criminal justice agencies for purposes of identifying criminal offenders and of maintaining as to each such offender a summary of arrests, pretrial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, rehabilitation, and release.” (Pen. Code, § 13102.) Among the information considered to be criminal offender record information is “the period and place of any confinement, including admission, release; and, where appropriate, readmission and rerelease dates.” (Pen. Code § 13102, subd. (e).)

Proposed Law:

This bill would require detention facilities to report both inmate admission and release dates, as opposed to just one of the two, to DOJ within thirty days of that action.

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2017 - 2018 Regular

Bill No: AB 2080 Hearing Date: June 12, 2018

Subject: Criminal Offender Record Information: Reporting

HISTORY

Source: Attorney General’s Office

Prior Legislation: SB 930 (Deukmeijian), Ch. 152, Stats. of 1978

AB 135 (Crown), Ch. 992, Stats. of 1973

Support: Crime Victims United of California

Opposition: None known

Assembly Floor Vote: 68 - 0

PURPOSE

The purpose of this bill is to specify that detention facilities are required to report both inmate admissions and releases to the Department of Justice (DOJ) within 30 days of such an action.

Existing law provides that criminal justice agencies in the state require accurate and reasonably complete criminal offender record information to assist in the performance of their official duties. (Pen. Code, § 13100, subd. (a).)

Existing law defines criminal justice agencies as those agencies at all levels of government which perform as their principal functions, activities which either relate to the apprehension, prosecution, adjudication, incarceration, or correction of criminal offenders, or relate to the collection, storage, dissemination or usage of criminal offender record information. (Pen. Code, § 13101.)

Existing law defines criminal offender record information as records and data compiled by criminal justice agencies for purposes of identifying criminal offenders and of maintaining as to each such offender a summary of arrests, pretrial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, rehabilitation, and release. (Pen. Code, § 13102.)

Existing law provides that criminal offender record information includes, among other things, the period and place of any confinement, including admission, release; and, where appropriate, readmission and rerelease dates. (Pen. Code, § 13102, subd. (e).)

Existing law requires that detention agencies report admissions or releases to the DOJ within 30 days of such action. (Pen. Code, § 13152.)

Existing law mandates that the Board of State and Community Corrections (BSCC) establish minimum standards for local correctional facilities. (Pen. Code, § 6030, subd. (a).)

Existing law requires the sheriff, chief of police, or other official in charge of operating the adult detention system in a county or city to maintain data regarding jail admissions of sentenced and unsentenced inmates, booking charge, date and time of booking, date and time of release. (Pen. Code, § 6031.2, subd. (d)(2).)

Existing law requires the California Department of Corrections and Rehabilitation (CDCR) to, among other things, keep a population estimate of the projected number of offenders as well as the actual number of offenders. (Pen. Code, § 5031, subds. (b)(2) & (3).)

This bill specifies that detention facilities are required to report both inmate admissions and releases to the DOJ within 30 days of such an action.

COMMENTS

1. Need for This Bill

According to the author:

Under current law, state prisons and local county jails are only required to provide the Department of Justice (DOJ) with information regarding either the admission or release of criminal offenders. This often leaves DOJ with incomplete data regarding admission and release of criminal offenders. AB 2080 will rectify this problem by requiring state prisons and local county jails to provide both admission and detention data to DOJ. Having this additional data will provide DOJ with the information it needs to help keep our communities safe.

1. Background

AB 135 (Crown, Chapter 992, Statutes of 1973) established various procedures for recording, reporting, storing, disseminating, and using criminal offender record information. The Legislative findings and declarations of AB 135 are codified in Penal Code section 13100 and provide, among other things, that “the criminal justice agencies in this state require, for the performance of their official duties, accurate and reasonably complete criminal offender record information” and “in order to achieve [this], the recording, reporting, storage, analysis, and dissemination of criminal offender record information in this state must be made more uniform and efficient, and better controlled and coordinated.”

Criminal offender record information is defined as “records and data compiled by criminal justice agencies for purposes of identifying criminal offenders and of maintaining as to each such offender a summary of arrests, pretrial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, rehabilitation, and release.” (Pen. Code, § 13102.) Among the information considered to be criminal offender record information is “the period and place of any confinement, including admission, release; and, where appropriate, readmission and rerelease dates.” (Pen. Code § 13102, subd. (e).) Although Penal Code section 13152 provides that “[a]dmissions or releases from detention facilities shall be reported by the detention agency to the Department of Justice within 30 days of such action,” it appears that the Legislature intended for detention facilities to submit both pieces of information to the DOJ in order to aid the department in carrying out its duties.

1. Current Population Accounting Practices of Detention Facilities

CDCR maintains a variety of inmate admission and release information including, among other things, the average daily prison population, the percentage of felons paroled who are returned to prison, and the average time served by felons. (CDCR Office of Research, Offender Data Points (June 2017), <https://www.cdcr.ca.gov/Reports_Research/docs/Data-Points-Jun-2017.pdf>; CDCR Office of Research, Population Reports, <https://www.cdcr.ca.gov/Reports_Research/Offender_Information_Services_Branch/Population_Reports.html>.)

Local detention facilities also maintain admissions and release data. Penal Code section 6031.2 requires the BSCC to submit an annual report to the Legislature that includes a variety of data, such as inmate accounting system data maintained by the sheriff, chief of police, or other official in charge of operating the adult detention system in a county or city. Inmate accounting system data includes the average daily population of sentenced and unsentenced inmates classified according to gender and juvenile status as well as jail admissions of sentenced and unsentenced inmates, booking charge, date and time of booking, and date and time of release. Local law enforcement agencies report this data to the BSCC which publishes this data in its Jail Profile Survey. The Jail Profile Survey data is searchable via an online database. (http://www.bscc.ca.gov/s_fsojailprofilesurvey.php)

-- END --

Date of Hearing: April 4, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2080

Author:(Cervantes) – As Introduced Ver:February 7, 2018

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill specifies that detention facilities must report both inmate admissions and releases to the Department of Justice (DOJ) within 30 days of such actions.

FISCAL EFFECT:

1. Negligible fiscal effect to the California Department of Corrections and Rehabilitation.
2. Minor local costs, likely not reaching the threshold for a reimbursable state mandate.

COMMENTS:

1. Background. Under existing law, detention facilities, such as state prisons and local jails are required to report either the admission or release of offenders to DOJ within 30 days of receipt or release of the offender. This requirement was first enacted in 1973 and was subsequently amended to its current form in 1978. Due to the absence of information regarding the legislation, it is difficult to determine whether the Legislature at the time intended to create an option for detention facilities to choose to submit only admissions information or only release information to the DOJ.
2. Purpose. According to the author:

Under current law, state prisons and local county jails are only required to provide the Department of Justice (DOJ) with information regarding either the admission or release of criminal offenders. This often leaves DOJ with incomplete data regarding admission and release of criminal offenders. AB 2080 will rectify this problem by requiring state prisons and local county jails to provide both admission and detention data to DOJ. Having this additional data will provide DOJ with the information it needs to help keep our communities safe.

1. Related Legislation. AB 1994 (Cervantes) of the current legislative session, requires a state or local correctional facility to notify the DOJ of the change of address of a sex offender within fifteen days of the offender’s admittance or release from the facility. AB 1994 will be heard in this committee today.

Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081

Date of Hearing:

Consultant: Mureed Rasool

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 2080

Author:(Cervantes) – As Introduced Ver:

SUMMARY:

Specifies that detention facilities must report both inmate admissions and releases to the Department of Justice (DOJ) within 30 days of such an action.

EXISTING LAW:

1. Declares that criminal justice agencies must require accurate and reasonably complete criminal offender record information to assist in the performance of their official duties.
   (Pen. Code, § 13100, subd. (a).)
   
2. Defines, in part, “criminal justice agencies” as agencies at all levels of government whose principal activities relate to either the incarceration of criminal offenders or the collection, storage, or usage of criminal offender record information. (Pen. Code, § 13101.)
   
3. Defines “criminal offender record information” as, “records and data compiled by criminal justice agencies for purposes of identifying criminal offenders and of maintaining as to each such offender a summary of arrests, pretrial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, rehabilitation, and release.” (Pen. Code, § 13102.)
   
4. Requires “criminal offender record information” to include, “...the period and place of any confinement, including admission, release; and, where appropriate, readmission and rerelease dates.” (Pen. Code, § 13102, subd. (e).)
   
5. Provides that detention agencies must report admissions or releases to the DOJ within 30 days of such action. (Pen. Code, § 13152.)
   
6. Requires any official in charge of operating the adult detention system in a county or city to maintain data regarding jail admissions and the date and time of release. (Pen. Code, § 6031.2, subd. (d)(2).)
   
7. Mandates the Board of State and Community Corrections (BSCC) to establish minimum standards for local correctional facilities. (Pen. Code, § 6030, subd. (a).)
   
8. Requires the California Department of Corrections and Rehabilitation (CDCR), among other things, to keep a population estimate of the projected number of offenders as well as the actual number of offenders. (Pen. Code, § 5031, subds. (b)(2) & (3).)
   

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "Under current law, state prisons and local county jails are only required to provide the Department of Justice (DOJ) with information regarding either the admission or release of criminal offenders. This often leaves DOJ with incomplete data regarding admission and release of criminal offenders. AB 2080 will rectify this problem by requiring state prisons and local county jails to provide both admission and detention data to DOJ. Having this additional data will provide DOJ with the information it needs to help keep our communities safe.”
   
2. Background: The requirement for detention facilities to report admissions or releases to the DOJ was first enacted in 1973 and was subsequently amended to its current form in 1978. (Stats. 1973, ch. 992, § 1, p. 1913; Stats. 1978, ch. 152, § 13, p. 379.) Due to the absence of information regarding the legislation, it is difficult to determine whether the legislature had intended to create an option for detention facilities to choose to submit only admissions information or release information to the DOJ.
   

However, the Legislative findings and declarations from the time clearly state that, in order to perform their official duties, criminal justice agencies require accurate and reasonably complete criminal offender record information. (Stats. 1973, ch. 992, § 1, p. 1909.) The findings then go on to define “criminal offender record information” as any records and data compiled by criminal justice agencies and requires such information to include the period and place of any confinement including admission and release. (Stats. 1973, ch. 992, §1, p. 1910.)

The Legislative findings also state that a criminal justice agency includes an agency at any level of government in which the primary function relates to, among other things, the incarceration of correction of criminal offenders. (Stats. 1973, ch. 992, § 1, p. 1909.) Under these legislative findings and declarations, it is likely that the Legislature intended for detention facilities to submit both pieces of information to the DOJ.

1. Current Population Accounting Practices of Detention Facilities: It seems that detention facilities have both admissions and release data readily available. The CDCR keeps a wide variety of inmate admission and release information including, among other things; a report of the percentage of felons released to parole who are returned to prison, a report of the average daily prison population, and a report of the average time served by felons. (CDCR Office of Research, Offender Information Reports, <http://www.cdcr.ca.gov/Reports_Research/Offender_Information_Services_Branch/Offender_Information_Reports.html> [Mar. 9, 2018].)
   

Local detention facilities keep such admissions and release data as well. The BSCC requires all local detention facilities to “maintain an inmate demographics accounting system” designed to reflect the average daily population of all inmates, including juveniles; this information is required to be submitted as prescribed by the Jail Profile Survey form. (BSCC, Title 15 Minimum Standards For Local Detention Facilities, <http://www.bscc.ca.gov/s_fsoresources> [Mar. 9, 2018].)

1. Related Legislation:
   
   1. AB 1994 (Cervantes), would require that a state or local correctional facility notify the DOJ of the change of address of a sex offender within fifteen days of the offender’s admittance or release from the facility. AB 1994 will be heard in this Committee today.
      
   2. AB 1973 (Gallagher), would require BSCC to collect and analyze data regarding recidivism of all persons who receive a felony sentence punishable by imprisonment in a county jail or who are placed on post-release community supervision. AB 1973 has been held in this Committee.
      
2. Prior Legislation:
   
   1. SB 92 (Committee on Budget and Fiscal Review), Chapter 36, Statutes of 2011, reestablished BSCC and mandated it to collect and maintain available information about “state and community correctional policies, practices, capacities, and needs.”
      
   2. SB 1021 (Committee on Budget and Fiscal Review), Chapter 41, Statutes of 2012, required CDCR to keep detailed population statistics including capacity level, projected inmate population estimates, and actual offender statistics.
      

REGISTERED SUPPORT / OPPOSITION:

Support

None

Opposition

None

Analysis Prepared by:

Mureed Rasool / PUB. S. / (916) 319-3744