BILL ANALYSIS                                                                                                                                                                                                    







                      SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Mark Leno, Chair                A
                             2009-2010 Regular Session               B

                                                                     2
                                                                     0
                                                                     1
          AB 2011 (Arambula)                                         1
          As Amended April 15, 2010 
          Hearing date:  June 15, 2010
          Penal Code (URGENCY)
          AA:mc

                                  DOMESTIC VIOLENCE: 

                               MANDATORY MINIMUM FINE  


                                       HISTORY

          Source:  Governor's Office of Planning and Research

          Prior Legislation: AB  2695 (Goldberg) - Ch. 476, Stats. 2006
                       AB 352 (Goldberg) - Ch. 431, Stats. 2003

          Support: Crime Victims United of California; State Public  
          Affairs Committee, Junior                    Leagues of  
          California; California District Attorneys Association; National  
          Association of Social Workers - California Chapter; Crime  
          Victims Action Alliance; California Partnership to End Domestic  
          Violence
                    
          Opposition:California Public Defenders Association

          Assembly Floor Vote:  Ayes  74 - Noes  0



                                         KEY ISSUE
           




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                                                         AB 2011 (Arambula)
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          SHOULD THE MANDATORY MINIMUM FINE IMPOSED ON PERSONS GRANTED  
          PROBATION FOR A DOMESTIC VIOLENCE OFFENSE BE INCREASED FROM $200  
          TO $400, AS SPECIFIED?




                                       PURPOSE

          The purpose of this bill is to increase the mandatory minimum  
          fine imposed on persons granted probation for a domestic  
          violence offense from $200 to $400. 

           Current law  imposes mandatory terms of probation on persons  
          convicted of domestic violence, as specified.  (Penal Code   
          1203.097.)


           Current law  provides that one of these mandatory terms of  
          probation is a minimum payment by the defendant of $200, to be  
          disbursed as specified.  Current law further provides that 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.  (Penal Code  1203.097(a)(5).)



           This bill  would increase this minimum payment from $200 to $400.


              RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION IMPLICATIONS
          
          The severe prison overcrowding problem California has  
          experienced for the last several years has not been solved.  In  
          December of 2006 plaintiffs in two federal lawsuits against the  
          Department of Corrections and Rehabilitation sought a  
          court-ordered limit on the prison population pursuant to the  
          federal Prison Litigation Reform Act.  On January 12, 2010, a  
          federal three-judge panel issued an order requiring the state to  
          reduce its inmate population to 137.5 percent of design capacity  




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          -- a reduction of roughly 40,000 inmates -- within two years.   
          In a prior, related 184-page Opinion and Order dated August 4,  
          2009, that court stated in part:

               "California's correctional system is in a tailspin,"  
               the state's independent oversight agency has reported.  
               . . .  (Jan. 2007 Little Hoover Commission Report,  
               "Solving California's Corrections Crisis: Time Is  
               Running Out").  Tough-on-crime politics have increased  
               the population of California's prisons dramatically  
               while making necessary reforms impossible. . . .  As a  
               result, the state's prisons have become places "of  
               extreme peril to the safety of persons" they house, .  
               . .  (Governor Schwarzenegger's Oct. 4, 2006 Prison  
               Overcrowding State of Emergency Declaration), while  
               contributing little to the safety of California's  
               residents, . . . .   California "spends more on  
               corrections than most countries in the world," but the  
               state "reaps fewer public safety benefits." . . .  .   
               Although California's existing prison system serves  
               neither the public nor the inmates well, the state has  
               for years been unable or unwilling to implement the  
               reforms necessary to reverse its continuing  
               deterioration.  (Some citations omitted.)

               . . .

               The massive 750% increase in the California prison  
               population since the mid-1970s is the result of  
               political decisions made over three decades, including  
               the shift to inflexible determinate sentencing and the  
               passage of harsh mandatory minimum and three-strikes  
               laws, as well as the state's counterproductive parole  
               system.  Unfortunately, as California's prison  
               population has grown, California's political  
               decision-makers have failed to provide the resources  
               and facilities required to meet the additional need  
               for space and for other necessities of prison  
               existence.  Likewise, although state-appointed experts  
               have repeatedly provided numerous methods by which the  




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               state could safely reduce its prison population, their  
               recommendations have been ignored, underfunded, or  
               postponed indefinitely.  The convergence of  
               tough-on-crime policies and an unwillingness to expend  
               the necessary funds to support the population growth  
               has brought California's prisons to the breaking  
               point.  The state of emergency declared by Governor  
               Schwarzenegger almost three years ago continues to  
               this day, California's prisons remain severely  
               overcrowded, and inmates in the California prison  
               system continue to languish without constitutionally  
               adequate medical and mental health care.<1>

          The court stayed implementation of its January 12, 2010, ruling  
          pending the state's appeal of the decision to the U.S. Supreme  
          Court.  That appeal, and the final outcome of this litigation,  
          is not anticipated until later this year or 2011.

           This bill  does not aggravate the prison overcrowding crisis  
          described above.


                                      COMMENTS

          1.  Stated Need for This Bill

           The author states:

               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.

               ----------------------
          <1>   Three Judge Court Opinion and Order, Coleman v.  
          Schwarzenegger, Plata v. Schwarzenegger, in the United States  
          District Courts for the Eastern District of California and the  
          Northern District of California United States District Court  
          composed of three judges pursuant to Section 2284, Title 28  
          United States Code (August 4, 2009).



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               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. 

               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. 

               Domestic violence programs provide victims a support  
               system that assures them it is acceptable to abandon  
               an abusive relationship for the sake of themselves and  
               their children.  It is important to decrease domestic  
               violence, especially in the presence of children who  
               can grow up to continue with the cycle.






















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          2.  What This Bill Would Do; Background

           This bill would reinstate the $400 mandatory minimum fine  
          applicable to persons granted probation for a domestic violence  
          offense for the last several years.  The $400 fine was reduced  
          to $200 effective January 1, 2010.  The fine was increased to  
          $400 in 2003 by AB 352 (Goldberg), and the sunset on the $400  
          was extended to Jan. 1, 2010, in 2007 by AB 2695 (Goldberg).   
          This bill restores the $400 fine, with no sunset.  Current law,  
          which would apply to the increased fine in this bill, authorizes  
          the court to reduce or waive this fee if the court finds that  
          the defendant lacks the ability to pay.
           
          One-third of the fine proceeds fund domestic violence centers;  
          the remainder is deposited in equal amounts in the Domestic  
          Violence Restraining Order Reimbursement Fund, within the  
          Department of Justice, and the Domestic Violence Training and  
          Education Fund, within the Department of Public Health. 

          The analysis of this bill prepared by the Assembly  
          Appropriations Committee noted the following fiscal effect of  
          this bill:

               Ongoing additional fine revenues in the range of $1.7  
               million. 

               Initial estimates from the State Controller's Office  
               regarding the fine collections for January 2010 at the  
               reduced level of $200 indicate fine remittances are  
               coming in at less than half of the level collected  
               under the $400 fine, which would result in a total  
               collection of about $1.3 million annually at the $200  
               level, compared with about $3 million 2009. 

               Even at the $400 level, total collections are down  
               significantly in recent years, presumably due to the  
               economy and offenders' inability to pay.

          Criminal fines are subject to mandatory penalty assessments  




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          which generally are about 280% of the base fine, although the  
          exact amount varies from county to county.  A defendant subject  
          to the $400 mandated by this bill would actually be required to  
          pay a fine of approximately $1120 with those penalties applied,  
          compared to the $560 under current law.

          SHOULD THE $400 MANDATORY MINIMUM FINE IMPOSED FOR DOMESTIC  
          VIOLENCE PROBATIONERS BE RESTORED?

          3.  Opposition  

          The California Public Defenders Association, which opposes this  
          bill, argues in part:

               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.  . . .   

               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 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.


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