BILL ANALYSIS AB 2011 Page 1 Date of Hearing: March 23, 2010 Counsel: Nicole J. Hanson ASSEMBLY COMMITTEE ON PUBLIC SAFETY Tom Ammiano, Chair AB 2011 (Arambula) - As Introduced: February 17, 2010 SUMMARY : Reinstates the $400 mandatory minimum fine imposed on persons granted probation for a domestic violence offense. Specifically, this bill : 1)Requires persons granted probation for a domestic violence offense to make a minimum payment of $400. If, after a hearing in court on the record, the court finds that the defendant does not have the ability to pay, the court may reduce or waive this fee. 2)Provides that grants to support the Domestic Violence Training and Education program shall be awarded on a competitive basis and be administered by the California Emergency Management Agency (CEMA), in consultation with the statewide domestic violence coalition. EXISTING LAW : 1)Requires persons granted probation for a domestic violence offense to pay a fee of $200. One-third of the moneys collected shall be used to fund domestic violence centers, and the remainder shall be deposited in equal amounts in the Domestic Violence Restraining Order Reimbursement Fund and the Domestic Violence Training and Education Fund. [Penal Code Section 1203.097(a)(5).] 2)Provides that grants to support the Domestic Violence Training and Education program shall be awarded on a competitive basis and be administered by the Department of Public Health (DPH), in consultation with the statewide domestic violence coalition, which is eligible to receive funding under this section. [Penal Code Section 1203.097(a)(5)(B).] 3)Waives the fee for the service of process of a protective order, restraining order, or injunction for a victim of AB 2011 Page 2 domestic violence, sexual assault, or stalking. [Code of Civil Procedure Section 527.6(p).] 4)Allows a sheriff, marshal, or constable to submit a billing to superior court for the payment of fees that were waived for the service of process for the victim of domestic violence, sexual assault, or stalking. [Penal Code Section 6103.2(b)(4).] 5)Provides for the waiver of the fee for the service of a domestic violence protective order for an indigent petitioner. [Penal Code Section 6222(b).] 6)Provides there is no filing fee for an application, responsive pleading, or an order to show cause that seeks to enforce a protective order or other order in a domestic violence case. [Family Code Section 6222(a).] 7)Authorizes the criminal court to issue a protective order upon a good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur. The court may also order that no communication or contact occur between the defendant and any victim or witness. (Penal Code Section 136.2.) 8)States that any intentional and knowing violation of a protective order, as defined, is a misdemeanor punishable by imprisonment in the county jail for not more than one year; by a fine of not more than $1,000; or by both a fine and imprisonment. [Penal Code Section 273.6(a).] 9)Provides that any person who willfully inflicts upon a person who is his or her spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years; in a county jail for not more than one year; by a fine of up to $6,000; or by both that fine and imprisonment. (Penal Code Section 273.5.) 10)Defines "domestic violence" as abuse perpetrated against any of the following persons: a) A spouse or former spouse; AB 2011 Page 3 b) A cohabitant or former cohabitant, as defined in Family Code Section 6209; c) A person with whom the respondent is having or has had a dating or engagement relationship; d) A person with whom the respondent has had a child; e) A child of a party; or, f) Any other person related by consanguinity or affinity within the second degree. (Family Code Section 6211.) FISCAL EFFECT : Unknown COMMENTS : 1)Author's Statement : According to the author, "While the state and local governments struggle to rebound from the economic recession and meet their existing obligations, it is premature to reduce an appropriate source of domestic violence funding. The fee collected from perpetrators allows victims, who escape abusive relationships, the opportunity to access programs and services that help guide them to a new start." 2)Background : According to information provided by the author, "Since 2003, domestic violence offenders on probation have been required to pay a fee, minimum of $400, unless the court found that he or she was unable to pay. However, last year no legislation was enacted to extend the sunset, so the fee reduced to $200. While the state and local governments struggle to rebound from the economic recession and meet their existing obligations, it is premature to reduce an appropriate source of domestic violence funding. The probation fee must be reinstated to its previous amount of $400. "Also, in the 2009-2010 budget, DPH's duties over domestic violence programs was removed due to the fiscal crisis. The funding for these programs was restored under SBx3 13 (2009); however, SBx3 13 shifted the responsibility for overseeing and providing domestic violence programs and services to CEMA. In order to ensure consistency and efficiency with the administration of state funds for domestic violence services, this bill would change the reference of DPH to CEMA." AB 2011 Page 4 3)CEMA : On July 28, 2009 the Governor vetoed all funding to the DPH's Domestic Violence Program. This line item veto had a strong impact on shelters' abilities to administer services to victims. According the California Partnership to End Domestic Violence and House of Ruth representatives (quoted in Reuters News on July 30, 2009): "On Tuesday, Governor Schwarzenegger line-item vetoed the Department of Public Health's Domestic Violence Program, which provides $20.4 million for 94 domestic violence shelters and centers. Services provided by these agencies include emergency shelter, transitional housing, legal advocacy, assistance with restraining orders, counseling and other vital support services. Last week, the Legislature approved a 20-percent reduction to the program but the Assembly left a deficit that the Governor filled with additional cuts. Shelters receiving money through this program will, on average, lose 30 percent of their budgets, and it is already clear that many programs will be forced to close. " 'State funding to domestic violence programs has been proven to save lives, and also millions of dollars in health care, law enforcement and other social costs,' Shabazz, Executive Director of The California Partnership to End Domestic Violence (CPEDV). 'It is fiscally irresponsible to propose such cuts.' " 'Domestic violence shelters are often the only thing standing between victims and grave physical danger. California's communities cannot sustain their loss,' says Sue Aebischer, Executive Director of House of Ruth. 'Our programs provide safety and shelter, but our end goal is much broader: to break the cycle of violence. Domestic violence is intergenerational; the potential impact of these cuts on future generations is enormous.' "When the resources do not exist for victims to receive domestic violence services, they are left with no choice but to return to their abusers. According to a national census of domestic violence services, in just one day 7,707 requests for services went unmet due to lack of resources." [Reuters News (July 30, 2009), retrieved at www.reuters.com/article.] 4)Argument in Support : According to the Governor's Office of AB 2011 Page 5 Planning and Research (OPR) , "Previously under Penal Code section 1203.097 when a domestic violence offender received probation, he or she was required to pay a minimum amount of $400 unless he or she was unable to pay. As of January 1, 2010, this amount sunset to $200. This fee is allotted between the county and state, where it is used among other things to improve the scope and quality of domestic violence service to victims. "Last year, when funding for domestic violence programs was at risk due to the budget crisis facing the state, the resulting coverage highlighted the continuing need for existing and additional financial support for these much needed services. While state and local governments struggle to rebound from the economic recession and meet their existing obligations, it is premature to reduce an appropriate source of domestic violence funding. Accordingly, OPR has sponsored AB 2011 in order to reinstate the probation fee domestic violence offenders must pay to $400, which would help fund vital domestic violence services. It would also continue to bring into alignment the responsibility for overseeing and delivering state funds for domestic violence programs with CEMA." 5)Argument in Opposition : According to the California Public Defenders Association, "Currently, defendants in domestic violence cases are already subject to the mandatory 52-week batterers intervention program, which they must pay for or face violation of the court's orders. Defendants must also report to court and to their probation officer for regular progress reports and must pay for the cost of supervised probation, which can total well over $1,000. These obligations have the practical effect of limiting employment income and hours. Such batterers intervention programs offer limited fee reduced slots. For example, in Los Angeles County, Batterer Intervention Programs are only required to set aside 10% of their slots for fee reduction and fee waiver. The mandatory minimum fine of $200 pursuant to Penal Code Section 1203.097(a)(5) can only be reduced or waived if after a hearing in court on the record where the court makes a finding that the defendant does not have the ability to pay. "Increasing fines to be paid by defendants in domestic violence cases will have the unintended but predictable consequence of less overall fines being paid, current program funding being depleted, and less completion of batterers intervention AB 2011 Page 6 programs. AB 2011 presupposes a wealthy clientele with bottomless funding reserves instead of acknowledging the reality, that many defendants in domestic violence cases are struggling financially to meet the already numerous obligations imposed in every domestic violence case." 6)Related Legislation : a) SBx3 13 (Alquist), Chapter 29, Statutes of 2009, required CEMA to be responsible for the administration of shelter-based services for victims of domestic violence rather than the Maternal and Child Health Branch of DPH. b) AB 503 (Furutani) would have extended the January 1, 2015 sunset date of an advisory council which provides consultation to DPH Domestic Violence Program, and would have required DPH and CEMA to consider consolidation of their respective domestic programs. AB 503 was vetoed. In his veto message, the Governor stated: " . . . California's fiscal crisis required tough choices in our state budget. One of the most difficult choices was to eliminate funding for DPH's domestic violence program. Since that Department no longer receives funding for this program, extending the sunset date for the advisory committee is also unnecessary . . . " 7)Prior Legislation : a) AB 2405 (Arambula), Chapter 241, Statutes of 2008, allowed counties to authorize an additional fee up to $250 upon every fine, penalty, or forfeiture imposed and collected by the courts for specified crimes involving domestic violence and directed the funds to domestic violence programs that focus on assisting immigrants, refugees, and persons residing in rural communities. b) AB 2695 (Goldberg), Chapter 476, Statutes of 2006, extended the sunset date from 2007 to 2010 on the $400 minimum mandatory fine an individual granted probation for a domestic violence crime may have imposed. AB 2695 also eliminated the 2007 sunset date on the waiving of fees associated with service of process for specified restraining orders and injunctions. AB 2011 Page 7 c) AB 2084 (Karnette), Chapter 857, Statutes of 2006, repealed the "Domestic Violence Centers Act" and replaced it with the "Domestic Violence Shelter-Based Programs Act". d) AB 352 (Goldberg), Chapter 431, Statutes of 2003, among other things, increased the mandatory minimum fine imposed on persons granted probation for a domestic violence crime from $200 to $400 until 2007. e) ABx1 93 (Burton), Chapter 28, Statutes of 1993, required a person who is granted probation for a domestic-violence crime to make a minimum payment of $200. Two-thirds of the money must be retained by counties and deposited in the domestic violence programs special fund. The remainder shall be transferred to the State Controller for deposit in the Domestic Violence Restraining Order Reimbursement Fund and the Domestic Violence Training and Education Fund. REGISTERED SUPPORT / OPPOSITION : Support Crime Victims United of California Governor's Office of Planning and Research Opposition California Public Defenders Association Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916) 319-3744