BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 807
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 807 (Fuentes)
          As Introduced  June 1, 2009
          Majority vote 

           PUBLIC SAFETY       7-0         APPROPRIATIONS      13-0        
           
           ------------------------------------------------------------------ 
          |Ayes:|Solorio, Hagman,          |Ayes:|De Leon, Ammiano, Charles  |
          |     |Furutani, Gilmore, Hill,  |     |Calderon, Davis, Fuentes,  |
          |     |Ma, Skinner               |     |Hall, John A. Perez,       |
          |     |                          |     |Price, Skinner, Solorio,   |
          |     |                          |     |Audra Strickland,          |
          |     |                          |     |Torlakson, Krekorian       |
           ------------------------------------------------------------------ 

           SUMMARY  :   Revises the criteria for placement by the California  
          Department of Corrections and Rehabilitation (CDCR) in a  
          restitution center.  Specifically,  this bill  : 

          1)Revises what is included by the term "restitution" for the  
            purposes of restitution centers to include direct restitution  
            to victims as well as other restitution fines and fees.

          2)Provides that inmates who commit crimes involving direct  
            victims shall receive priority placement in restitution  
            centers. 

          3)Provides that a defendant is eligible for placement in a  
            restitution center if he or she does not have a criminal  
            conviction for:

             a)   The sale of drugs within the last five years; or, 

             b)   For an offense requiring registration as a sex offender  
               pursuant to the Sex Offender Registration Act; or, 

             c)   For a serious felony, as defined; or, 

             d)   For a violent felony, as defined; or,

             e)   The defendant did not receive a sentence of more than 60  
               months for the current offense or offenses; and,









                                                                  AB 807
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             f)   The defendant presents no unacceptable risk to the  
               community and the defendant is employable.

          4)Removes the requirement that a defendant is only eligible for  
            placement in a restitution center if he or she has not served  
            a prison term within the five years prior to the present  
            conviction.  

          5)States findings and declarations pertaining to restitution  
            centers and inmates that:

             a)   Of the 125,000 inmates annually released from California  
               prisons, more than one-half will return to prison within  
               two years and more than 70% will return within three years;

             b)   Incarceration costs have risen to $46,000 per inmate per  
               year, not including the costs of programming for substance  
               abuse, mental health, or educational and vocational  
               training;

             c)   The vast majority of California prisons inmates do not  
               participate in any prison programs. The majority of  
               released inmates will be unemployed with few job prospects;

             d)   The most successful models for preventing recidivism  
               include public-private partnerships among law enforcement,  
               government agencies, business and labor associations,  
               private employers, and community-based organizations formed  
               to create living wage employment opportunities for eligible  
               former offenders and to take advantage of existing programs  
               and incentives for hiring former offenders;

             e)   The restitution center concept is a model where inmates  
               serving time for non-violent, non-serious offenses can  
               fulfill obligations to pay restitution and other  
               court-related fines and fees in addition to obtaining and  
               maintaining employment; and,

             f)   Being employed is a key factor ensuring a lower  
               recidivism rate and thus reducing taxpayer burdens.

          6)States that the CDCR Secretary may establish and operate  
            facilities, known as "restitution centers".  Requires the  
            Secretary to operate the Los Angeles County Central  








                                                                  AB 807
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            Restitution Center and the Los Angles County La Cienaga  
            Restitution Center.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, no immediate practical effect as CDCR closed down its  
          two restitution centers - which had a combined 110 beds, but 36  
          vacancies - last November to avoid what CDCR claimed were  
          unnecessary costs.  This bill does not require CDCR to take any  
          immediate action, other than revising inmate eligibility.

          When CDCR reopens a restitution center, this bill should make it  
          somewhat easier to fill more beds, and therefore result in  
          moderate and ongoing per capita General Fund savings.

           COMMENTS  :   According to the author, "The cost per day of  
          housing a CDCR inmate in a Restitution Center is approximately  
          $50 compared to $97 per day to house in state prison, which  
          saves at least $17,000 per inmate per year.  The Restitution  
          Centers provide an avenue for inmates to be housed in a less  
          costly community setting while still fulfilling their  
          obligations to pay restitution. 

          "AB 807 would expand eligibility to those charged with  
          non-violent, and non-Section 290 registerable offenses facing a  
          maximum five-year sentence.  AB 807 would further clarify that  
          persons who owe restitution fines and fees to the courts are  
          eligible for placement in Restitution Centers, but would  
          prioritize admission to those who owe restitution to individual  
          victims.  The goal of AB 807 is to ensure that bed capacity is  
          always filled at 100%."

          Please see the policy committee for a full discussion of this  
          bill.
           

          Analysis Prepared by  :    Kathleen Ragan / PUB. S. / (916)  
          319-3744 
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