BILL ANALYSIS AB 807 Page 1 GOVERNOR'S VETO AB 807 (Fuentes) As Amended August 17, 2009 2/3 vote ----------------------------------------------------------------- |ASSEMBLY: |75-1 |(June 2, 2009) |SENATE: |27-7 |(September 3, | | | | | | |2009) | ----------------------------------------------------------------- ----------------------------------------------------------------- |ASSEMBLY: |76-1 |(September 9, | | | | | | |2009) | | | | ----------------------------------------------------------------- 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 AB 807 Page 2 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. AB 807 Page 3 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 AB 807 Page 4 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 AB 807 Page 5 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 FN: 0003366