NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

(Parenthesis ( ) Indicate Revenue Decreases)

Conflicts with HB 184

SOURCES OF INFORMATION

LFC Files

SUMMARY

Synopsis of Bill

SB 182 amends the Victims of Crime Act; adding certain agencies to those responsible for notification. The purpose of the bill is to add the Children, Youth and Families Department (CYFD) as being responsible for contacting the sentencing judge or the children's court judge and the District Attorney's office. Also, the bill adds the Adult and Juvenile Parole Boards in its procedures when a delinquent child is released from custody in which they become responsible for contacting the District Attorney's office, when the resident is eligible for parole (docket/agenda) in order for the District Attorney's office to notify any person known to reside in his district who was a victim of a criminal offense of which the inmate was incarcerated or the delinquent child was committed.

Significant Issues

SB 182 contains "clean-up" language affecting the Victims of Crime Act. The current statute covers victims of juvenile offenders in its definition of courts by including the Children's Courts, including the Children Youth and Families Department and the Juvenile Parole Board o the list of responsible agencies. This bill will include the Juvenile Parole Board and the Children, Youth and Families Department as responsible agencies.

There are three major issues related to the bill that would involve the Juvenile Parole Board: 1). Respective dockets (agendas) would be provided to each district attorney in the state at least ten working days before the docket is considered by the Board; 2). The Juvenile Parole Board shall provide a copy of a supplemental, addendum or special docket to each district attorney at least five working days before the docket is considered by the Board and 3.) The Juvenile Parole Board shall promptly notify each District Attorney of any recommendation adopted by the Board for release of an inmate from incarceration.

FISCAL IMPLICATIONS

The Juvenile Parole Board reports there will be a minimal recurring increase to the agency supplies and postal services and an increase in the agency budget is be needed.

ADMINISTRATIVE IMPLICATIONS

The Administrative office of the District Attorneys (AODA) & District Attorneys Offices reports the administrative impact would be minimal. Also, the Juvenile Parole Board indicates the additional workload could be absorbed by current staff.

CONFLICT/DUPLICATION/COMPANIONSHIP/RELATIONSHIP

The Administrative Office of the District Attorneys & District Attorneys Offices reports the bills conflicts with HB184 which appropriates funding for the AODA to contract out these duties and seems to expand the duties. Statute 31-26-11 would have to be amended to expand some of the notification duties now being performed by the District Attorney's offices. On the other hand, it would be nice to have this appropriation available to make information available for victims. Also, the existing statute deals with victims of certain enumerated, violent crimes and HB 184 does not seem to limit itself to those listed in the current statute.

OTHER SUBSTANTIVE ISSUES

The statute would continue to exist without the corrective measures proposed in the legislation.

LAT/njw