BILL ANALYSIS                                                                                                                                                                                                    





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          GOVERNOR'S VETO
          AB 807 (Fuentes)
          As Amended  August 17, 2009
          2/3 vote

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          |ASSEMBLY:  |75-1 |(June 2, 2009)  |SENATE: |27-7 |(September 3,  |
          |           |     |                |        |     |2009)          |
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          |ASSEMBLY:  |76-1 |(September 9,   |        |     |               |
          |           |     |2009)           |        |     |               |
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          Original Committee Reference:    PUB. S.  

           SUMMARY  :   Revise the criteria for placement of inmates in  
          restitution centers by the California Department of Corrections  
          and Rehabilitation (CDCR).

           The Senate amendments  :  

           1)Delete references to the "Los Angeles County Central  
            Restitution Center" and the "Los Angeles County La Cienega  
            Restitution Center."
           
           2)Add that CDCR shall establish and operate two restitution  
            centers in Los Angeles County no later than June 30, 2011.   
            State, however, that this requirement shall not become  
            operative if the prison reforms proposed by the Governor as  
            part of the 2009 Budget revision are passed by the Legislature  
            and put into effect; and, as a result, the Secretary of CDCR  
            determines that there is an insufficient population of inmates  
            eligible for restitution center placement.
           
           3)State legislative intent that defendants eligible for  
            placement in a restitution center be placed as expeditiously  
            as possible.  Provide that CDCR shall work in concert with  
            other agencies, such as county sheriff and public defender  










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            offices, to share information in order to make screening,  
            classification, and placement more expeditious.
           
           4)State that the Legislature further intends that, in  
            implementing this bill, CDCR draw upon successful existing  
            pilot programs.
           
           5)Delete the requirement that a defendant sentenced to a  
            restitution center shall be sent directly to the restitution  
            center and provide, instead, that CDCR may send a defendant to  
            a reception center for classification prior to placing the  
            defendant in a restitution center.  
            
          AS PASSED BY THE ASSEMBLY  , this bill:

          1)Revised 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)Provided that inmates who commit crimes involving direct  
            victims shall receive priority placement in restitution  
            centers. 

          3)Provided 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,

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










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          4)Removed 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)Stated 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)Stated that the CDCR Secretary may establish and operate  
            facilities, known as "restitution centers".  Requires the  










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            Secretary to operate the Los Angeles County Central  
            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.
           
          GOVERNOR'S VETO MESSAGE  :

          "Existing law already provides the authority for CDCR to open  
          and maintain restitution centers.  The closings of the previous  
          centers were based on fiscal evaluation of the operations.  This  
          bill is an unnecessary and unwarranted interference in these  










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          operations, particularly in light of the State's fiscal crisis.   
          Additionally, this bill may be premature as ongoing litigation  
          and measures to address the prison population are being  
          developed."


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


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