BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    AB 2524       Hearing Date:    June 28, 2016    
          
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          |Author:    |Irwin                                                |
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          |Version:   |May 31, 2016                                         |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|ML                                                   |
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                       Subject:  OpenJustice Data Act of 2016



          HISTORY

          Source:   California Attorney General Kamala Harris

          Prior Legislation:SB 1075 (Runner), pending in Assembly Public  
          Safety
                         SB 1654 (Santiago), pending in Assembly  
          Appropriations Committee
                         AB 953 (Weber), Chapter 466, Statutes of 2015
                         AB 71 (Rodriguez), Chapter 462, Statutes of 2015

          Support:  Anti-Defamation League; Socrata

          Opposition:None Known

          Assembly Floor Vote:                 78 - 0


          PURPOSE

          The purpose of this bill is to require the Department of Justice  
          (DOJ) to make available to the public its mandatory criminal  
          justice statistics reports through the OpenJustice Web Portal,  
          which is to be updated at least quarterly. This bill also makes  
          conforming changes to existing provisions related to criminal  







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          statistics.  

          Existing law requires DOJ to annually interpret and present  
          crime statistics, required to be reported by law enforcement and  
          other agencies and information, to the Governor.  (Penal Code,  
          §§ 13010, subd. (g), 13020.)

          Existing law requires DOJ to interpret and present statistics  
          and information to the Legislature and to those in charge or  
          concerned with of the apprehension, prosecution, and treatment  
          of the criminals and delinquents.  (Penal Code, § 13012(b).)

          Existing law allows the Attorney General to issue special  
          reports on crime statistics.  (Penal Code, § 13010, subd. (g).)

          Existing law requires the Racial and Identity Profiling Board  
          (RIPA) to annually analyze and report to the Attorney General  
          statistics collected from law enforcement agencies regarding  
          citizen complaints.  (Penal Code, § 13012, subds.(a) and (c).)

          Existing law requires the Attorney General to make available a  
          sufficient number of copies of both the required annual report  
          on crime statistics and any special reports.  (Pen. Code, §  
          13010, subd. (g).)

          Existing law requires DOJ to prepare and distribute to any  
          person or agency required to submit crime statistics the cards,  
          forms, or electronic means used in reporting data to the  
          department. The cards, forms, or electronic means may, in  
          addition to other items, include items of information needed by  
          federal bureaus or departments engaged in the development of  
          national and uniform criminal statistics.  (Penal Code, § 13010,  
          subd. (b).)

          Existing law requires DOJ to periodically review the  
          requirements of units of government using criminal justice  
          statistics, and to make recommendations for changes it deems  
          necessary in the design of criminal justice statistics systems,  
          including new techniques of collection and processing made  
          possible by automation.  (Pen. Code, § 13010, subd. (h).)

          Existing law requires DOJ, beginning January 1, 2017, to issue  
          an annual summary of incidents reported by law enforcement  
          including:








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             a)   The shooting of a civilian by a peace officer;

             b)   The shooting of a peace officer by a civilian;

             c)   The use of force by a peace officer against a civilian  
               that results in serious bodily injury or death; and

             d)   The use of force by a civilian against a peace officer  
               that results in serious bodily injury or death; (Gov. Code,  
               § 12525.2, subds. (a) and (c).)

          Existing law requires DOJ's annual summary of shootings of and  
          by peace officers, and of use of force by or against peace  
          officers, to include the number and demographics of those  
          involved, if the civilian was armed, the type of force used, and  
          a description of the incident, as provided.   (Gov. Code, §  
          12525.2, subds. (a), (b) and (c).)

          Existing law requires DOJ to collect data pertaining to the  
          juvenile justice system for criminal history and statistical  
          purposes, including all of the following:

             a)   The amount and the types of offenses known to the public  
               authorities;

             b)   The personal and social characteristics of criminals and  
               delinquents;

             c)   The administrative actions taken by law enforcement,  
               judicial, penal, and correctional agencies or institutions,  
               including those in the juvenile justice system, in dealing  
               with criminals or delinquents;

             d)   The administrative actions taken by law enforcement,  
               prosecutorial, judicial, penal, and correctional agencies  
               including those in the juvenile justice system, in dealing  
               with minors who are the subject of a petition or hearing in  
               the juvenile court to transfer their case to the  
               jurisdiction of an adult criminal court or whose cases are  
               directly filed or otherwise initiated in an adult criminal  
               court; and

             e)   The total number of each of the following, disaggregated  








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               by individual law enforcement agency, including whether the  
               disposition of the complaints was sustained, not sustained,  
               exonerated or unfounded, as defined:

               i)     Citizen complaints received by law enforcement  
                 agencies;

               ii)    Citizen complaints alleging criminal conduct of  
                 either a felony or misdemeanor; and

               iii)   Citizen complaints alleging racial or identity  
                 profiling, as defined. These statistics shall be  
                 disaggregated by the specific type of racial or identity  
                 profiling alleged, such as based on a consideration of  
                 race, color, ethnicity, national origin, religion, gender  
                 identity or expression, sexual orientation, or mental or  
                 physical disability.  (Pen. Code, §§ 832.5, 13012(a),  
                 13519.4.)

          Existing law requires the annual report published by DOJ to  
          include information concerning arrests for identity theft.   
          (Penal Code, §§ 530.5, 13010, 13012.6.)

          Existing law requires DOJ to maintain a data set, updated  
          annually, that contains the number of crimes reported, number of  
          clearances and clearance rates in California as reported by  
          individual law enforcement agencies for required-to-be-reported  
          crimes. The data set shall be made available through a  
          prominently displayed hypertext link on the Department's  
          Internet Web site or through the Department's OpenJustice data  
          portal.  (Penal Code, §§ 13012, 13013.)

          Existing law requires DOJ to perform the following duties  
          concerning the investigation and prosecution of homicide cases:

             a)   Collect information on all persons who are the victims  
               of, and all persons who are charged with, homicide;

             b)   Adopt and distribute as a written form or by electronic  
               means to all state and governmental entities that are  
               responsible for the investigation and prosecution of  
               homicide cases forms that will include information to be  
               provided to the department; and 









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             c)   Compile, collate, index, and maintain an electronic file  
               of the information regarding victims of and those charged  
               with homicide into a report available to the public.   
               (Penal Code, §13014.)

          Existing law requires local law enforcement agencies to report  
          to DOJ, in a manner prescribed by the Attorney General, any  
          information that may be required relative to hate crimes so that  
          the Department can report, on or before July 1 of each year, the  
          Department's analysis to the Legislature.  (Pen. Code, §§  
          422.55, 13023.)

          This bill eliminates DOJ's requirement to annually present a  
          report on criminal justice statistics to the Governor and the  
          Legislature, but requires that a downloadable summary of this  
          information shall be annually prepared so that the Attorney  
          General may send a copy to the Governor and other entities.





          This bill specifies that the provisions of this bill shall not  
          be construed to require more frequent reporting by local  
          agencies than what is required by any other law.





          This bill requires DOJ to add prosecutorial administrative  
          actions to its criminal justice statistics collection and  
          summaries.





          This bill states that, on or before January 1, 2021, it shall be  
          the duty of DOJ to transition all of California's crime data  
          from summary crime reporting to incident-based crime reporting,  
          through electronic means, in alignment with the federal National  
          Incident-Based Reporting System.









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          This bill requires DOJ to evaluate, on an annual basis, the  
          probability of meeting the January 1, 2021, implementation  
          deadline and report its findings to the Legislature annually  
          through 2019.





          This bill provides that local and state agencies that are unable  
          to meet this implementation deadline and that have committed to  
          transitioning to incident-based crime reporting shall  
          collaborate with DOJ to develop a transition plan with a  
          timeline for the transition.





          This bill provides that local and state agencies that are unable  
          to meet this implementation deadline and that have committed to  
          transitioning to incident-based crime reporting shall  
          collaborate with DOJ to develop a transition plan with a  
          timeline for the transition.





          This bill states that, commencing January 1, 2021, it shall be  
          the duty of DOJ to accept the collection of crime data from  
          local and state crime reporting agencies only through electronic  
          means.





          This bill requires, commencing January 1, 2021, local and state  
          crime reporting agencies to submit crime data to DOJ only  








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          through electronic means.


          This bill states that, on or before January 1, 2022, it shall be  
          the duty of DOJ to ensure that the statistical systems of DOJ  
          are electronic, allowing for criminal justice statistical data  
          to be updated more frequently than annually on the OpenJustice  
          Web portal.

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past several years this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In December of 2015 the administration reported that as "of  
          December 9, 2015, 112,510 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.0% of design bed  
          capacity, and 5,264 inmates were housed in out-of-state  
          facilities.  The current population is 1,212 inmates below the  
          final court-ordered population benchmark of 137.5% of design bed  
          capacity, and has been under that benchmark since February  
          2015."  (Defendants' December 2015 Status Report in Response to  
          February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge  
          Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)  One  
          year ago, 115,826 inmates were housed in the State's 34 adult  
          institutions, which amounted to 140.0% of design bed capacity,  
          and 8,864 inmates were housed in out-of-state facilities.   
          (Defendants' December 2014 Status Report in Response to February  








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          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).)  
           
          While significant gains have been made in reducing the prison  
          population, the state must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.


          COMMENTS

          1.  Need for Legislation

          According to the author:

            AB 2524 modernizes the state's publication of criminal justice  
            data by replacing references to DOJ's "annual report" in code  
            with a directive to release all public crime statistics into  
            the OpenJustice Web portal.  This change would significantly  
            democratize access to data collected by the state, replacing  
            static print publications - relics of the pre-internet age -  
            with dynamic tools for Californians to perform their own  
            analysis of statistics significant to them.  Whereas DOJ's  
            current crime reports often lack important context, such as  








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            demographic information or yearly trends, information viewed  
            through OpenJustice will provide a complete picture of  
            criminal justice for the public.  AB 2524 also requires the  
            DOJ to update data on the website quarterly with new data that  
            is currently provided monthly from local law enforcement  
            agencies. The bill clarifies that these changes do not require  
            law enforcement agencies to report more frequently than  
            currently required. 

            AB 2524 would also modernize the way DOJ receives information  
            from local agencies.  Currently, despite significant advances  
            in digital technologies, as much as 60% of local law  
            enforcement agencies provide their statistics to DOJ on paper  
            cards, which must be then re-entered by DOJ's Criminal Justice  
            Statistics Center.  This bill would direct local law  
            enforcement to transition into providing their criminal  
            justice information electronically by January 1, 2021,  
            bringing this process into the 21st century and ensuring that  
            information compiled for public access is accurate,  
            economical, and timely. In 2021, the Federal Government will  
            implement the National Incident-Based Reporting System or  
            NIBRS in place of the current E-CARS system. AB 2524 aligns  
            the electronic submission requirement to match with the  
            rollout of NIBRS.

          2.  Background

          Various provisions of the Government and Penal Codes require DOJ  
          to collect, analyze, and report on criminal justice statistics.   
          Each individual law enforcement agency must report criminal  
          justice statistics to DOJ so that the agency can both aggregate  
          the data to present a statewide overview and to present data on  
          each individual law enforcement agency.  Currently, the agency's  
          statistics may be submitted by paper forms and cards.  The  
          statistics which agencies are required to report include:   
          officer involved incidents with the demographics of the  
          individuals involved and a description of the incident, case  
          clearance rates, juvenile delinquency, the disposition of  
          civilian complaints, the demographics of victims and individuals  
          charged in homicides, the incidents and demographics targeted by  
          hate crimes, the incidents and demographics of "stop and frisk"  
          detentions, the incidents and demographics of potential  
          profiling incidents, and other data leading to the apprehension,  
          prosecution, and treatment of the criminals and delinquents.  








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          Separate provisions require DOJ to prepare a summary of these  
          criminal justice statistics every year in reports, mainly the  
          Crime in California report, to the Governor and the Legislature,  
          and otherwise make the data and reports available to the public.  
           This bill requires law enforcement agencies to submit their  
          statistics by electronic means only, and require DOJ to post the  
          raw statistics and their summaries quarterly -rather than  
          annually- on the OpenJustice Web Portal, which is easily  
          accessible by the Governor, the Legislature and the public.  
          3. Statement of Support 

          California Attorney General Kamala Harris stated, in part: 

            The OpenJustice Data Act would revolutionize the public's  
            access to information about the criminal justice system by  
            reinventing the Attorney General's traditional printed reports  
            as datasets within the OpenJustice Data portal. The bill will  
            enable Californians to review the statistical information most  
            important to them in context, using dynamic, interactive  
            tools, rather than rely on preselected, prepackaged summaries.  
            AB 2524 will truly democratize public safety data,  
            significantly strengthening trust in law enforcement. 


            AB 2524 will also modernize the way the state collects this  
            information from locals. Despite the continuing development of  
            digital technologies, as many as 60% of local agencies still  
            report their criminal justice statistics to DOJ on paper; this  
            bill will direct those agencies to submit electronically. By  
            transitioning to an entirely digital reporting process,  
            statewide data collection will be more efficient, accurate,  
            and considerate of the environment.
                                      -- END -





          











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