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 (More) AB 2011 (Arambula) PageB 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 (More) AB 2011 (Arambula) PageC -- 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 (More) AB 2011 (Arambula) PageD 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). (More) AB 2011 (Arambula) PageE 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. (More) 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 (More) AB 2011 (Arambula) PageG 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. .*************** AB 2011 (Arambula) PageH