BILL NUMBER: AB 2218	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fuentes

                        FEBRUARY 18, 2010

   An act to amend Sections 6221 and 6228 of the Penal Code, relating
to restitution centers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2218, as introduced, Fuentes. Restitution centers.
   Existing law establishes restitution centers for inmates to
provide a means for those sentenced to prison to be able to pay their
victims' financial restitution, as specified.
   This bill would revise what is included by the term "restitution"
for these purposes, and provide that inmates who commit crimes
involving a direct victim shall receive priority placement in
restitution centers.
   Existing law provides criteria for eligibility for placement in a
restitution center, including in part, that a defendant is eligible
for placement in a restitution center if he or she has not served a
prison term within the 5 years prior to the present conviction, does
not have a criminal history of a conviction for the sale of drugs or
for a crime involving violence or sex, and did not receive a sentence
of more than 36 months.
   This bill revises those criteria to provide, among other criteria,
that a defendant is eligible for placement in a restitution center
if he or she does not have a criminal history of a conviction for the
sale of drugs within the last 5 years, or for an offense requiring
registration as a sex offender, or for a serious or violent felony,
and the defendant did not receive a sentence of more than 60 months
for the current offense or offenses.
   The bill would also state findings and declarations by the
Legislature pertaining to restitution centers and inmates.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares the following:
   (a) Every year, more than 125,000 inmates are released from
California prisons. Of those released, more than half will return to
prison within two years, and more than 70 percent will return within
three years.
   (b) The cost of incarceration alone has risen to a staggering
$46,000 per inmate per year, which does not include the costs of
inmates participating in programming to address substance abuse,
mental health treatment, or educational and vocational training.
   (c) The vast majority of inmates housed in California prisons do
not participate in a single program while incarcerated, and the
majority of inmates will be unemployed at the time of release from
prison, with few, if any, job prospects.
   (d) Successful reentry models combine a continuity of services
before and after release from prison and real incentives to hold
former offenders accountable for using those services.
   (e) 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.
   (f) The restitution center concept is a model where inmates
serving time for nonviolent, nonserious offenses can fulfill
obligations to pay restitution and other court related fines and fees
in addition to obtaining and maintaining employment.
   (g) Being employed is a key factor ensuring a lower recidivism
rate and thus reducing taxpayer burdens.
  SEC. 2.  Section 6221 of the Penal Code is amended to read:
   6221.  The purpose of restitution centers is to provide a means
for those sentenced to prison to be able to pay their 
victims   victims'  financial restitution  ,
which includes direct restitution to victims as well as other
restitution fines and fees,  as ordered by the sentencing court
 ,  or as agreed upon by the defendant and his or
her victims.  Inmates who commit   crimes involving a
direct victim shall receive priority placement in restitution
centers. 
  SEC. 3.  Section 6228 of the Penal Code is amended to read:
   6228.  A defendant is 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,  the defendant
does not have a criminal history of a conviction for the sale of
drugs  within the last five years  or for  a crime
involving violence or sex   an offense requiring
registration pursuant to Section 290, or a serious felony, as listed
in Section 1192.7, or a violent felony, as listed in Section 
 667.5  , the defendant did not receive a sentence of more
than  36   60  months  for the current
offense or offenses  , the defendant presents no unacceptable
risk to the community, and the defendant is employable. The
provisions of Article 2.5 (commencing with Section 2930) of Chapter 7
of Title 1 of Part 3, are applicable to prisoners in restitution
centers.