BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2218
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          Date of Hearing:   April 20, 2010
          Counsel:                Meghan Masera


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                AB 2218 (Fuentes) - As Introduced:  February 18, 2010
                       As Proposed to be Amended in Committee
           
           
           SUMMARY  :   Provides that inmates who commit crimes involving a  
          direct victim shall receive priority placement in restitution  
          centers and expands the eligibility criteria for the placement  
          of an inmate into a restitution center.  Creates credit  
          reductions for an inmate in a county jail, city jail, industrial  
          farm, or road camp who participates in recidivism reduction  
          earned credit programming prior to sentencing.  Specifically,  
           this bill  :  

          1)Declares legislative intent to fight recidivism by using a  
            restitution center concept 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.  

          2)Provides that the purpose of a restitution center is to  
            provide a means for inmates to be able to pay their 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.  

          3)Stipulates that inmates who commit crimes involving a direct  
            victim shall receive priority placement in restitution  
            centers.

          4)Provides that a defendant is eligible for placement in a  
            restitution center if the defendant does not have a criminal  
            history of a conviction for the sale of drugs within the last  
            five years or for an offense requiring registration as a sex  
            offender, or a serious felony, or a violent felony, and the  
            defendant did not receive a sentence of more than 60 months  
            for the current offense(s).  In addition, the defendant must  
            pose no unacceptable risk to the community and must be  








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            employable.  

          5)Expands credit reductions to apply to prisoners in a county  
            jail, city jail, industrial farm, or road camp, for in-custody  
            participation in recidivism reduction earned credit  
            programming prior to sentencing. 

          6)Expands the maximum length of time a term of imprisonment can  
            be reduced by credits earned by a prisoner participating in  
            approved rehabilitative programming in a state prison from six  
            weeks during any 12-month period of continuous confinement, to  
            12 weeks during any 12-month period of continuous confinement.

          7)Allows a county sheriff or city chief of police to award  
            additional program credit reductions for in-custody program  
            participation.

          8)States that recidivism reduction earned credits will apply to  
            participation in both pre-conviction and post-custody  
            recidivism jail programs, and apply to inmates who  
            successfully complete specific program performance objectives.  
             The credit reductions for approved rehabilitative programming  
            shall range from not less than one week to not more than 16  
            weeks within a 12-month period of continuous confinement for  
            each performance milestone.  

          9)Defines "recidivism reduction earned credit programming" to  
            include academic programs, vocational programs, vocational  
            training, financial training, and core programs such as anger  
            management and social life skills, family and marital  
            relationships, and substance abuse programs.

           EXISTING LAW  :

          1)The purpose of restitution centers is to provide a means for  
            those sentenced to prison to be able to pay their victims  
            financial restitution as ordered by the sentencing court, or  
            as agreed upon by the defendant and his or her victims.   
            (Penal Code Section 6221.)

          2)The location for a restitution center or centers shall be  
            determined by the Director of Corrections with approval from  
            the county board of supervisors or city council in whose  
            jurisdiction the center will be located.  (Penal Code Section  
            6222.)








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          3)Restitution centers shall be located in areas which will  
            maximize the employment opportunities of persons sentenced to  
            the centers.  (Penal Code Section 6223.)

          4)The court may order the Department of Corrections to place an  
            eligible defendant in a restitution center if the court makes  
            a restitution order, or if a restitution agreement is entered  
            into by the victims and the defendant.  The Department of  
            Corrections may send a defendant to a reception center for  
            classification prior to placing the defendant in the  
            restitution center.   (Penal Code Section 6227.)

          5)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  
            or for a crime involving violence or sex, the defendant did  
            not receive a sentence of more than 36 months, the defendant  
            presents no unacceptable risk to the community, and the  
            defendant is employable.  (Penal Code Section 6228.)

          6)Provides that offenders shall perform all the labor necessary  
            to maintain the restitution center and meet the offenders'  
            needs unless the director finds that a particular task can be  
            better performed by other persons.  The Director may employ  
            and pay compensation to offenders to perform work at a center.  
             [Penal Code Section 6230(a) to (b).]

          7)Provides that [Penal Code Section 6231(a) to (b)(3)]: 

             a)   The offender's wages earned shall be paid directly to  
               the California Department of Corrections and Rehabilitation  
               (CDCR), less any tax deductions.

             b)   Wages received by the CDCR shall be used to reimburse  
               the offender for direct employment costs, such as  
               transportation, tools, clothing, meals, union dues, and  
               other employee-mandated costs.  Of the remaining wages:

               i)     One-third is paid to the CDCR for the costs of the  
                 restitution center;

               ii)    One-third first is paid to court-ordered or agreed  
                 upon restitution, and then the moneys are paid to the  








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                 prosecuting jurisdiction to defray court costs and  
                 attorney fees incurred in prosecution, and then the  
                 moneys are paid to the local jurisdiction for crime  
                 prevention; and,

               iii)   One-third is deposited into a savings account for  
                 the offender, which can be used to provide support for  
                 the offender's immediate family, purchase items necessary  
                 for employment, or given to the offender to purchase  
                 personal accessories.  Upon release, the remaining money  
                 in the savings account is paid to the offender.    

          8)Provides that an offender shall not leave a restitution center  
            except to go to work or when specifically authorized and shall  
            return to the restitution center immediately after work or  
            when required by the person in charge of the restitution  
            center.  An offender who violates this section is guilty of  
            escape.  [Penal Code Section 6233(a) to (b).]

          9)States that legislative intent that persons convicted of a  
            crime and sentenced to state prison serve the entire sentence  
            imposed by the court, except for a reduction in the time  
            served pursuant to current law.  [Penal Code Section 2933(a).]

          10)    Provides that for every six months of continuous  
            incarceration, a prisoner shall be awarded credit reductions  
            from his or her term of confinement of six months.  A lesser  
            amount of credit based on this ratio shall be awarded for any  
            lesser period of continuous incarceration.  Under no  
            circumstance shall any prisoner receive more than six months'  
            credit reduction for any six-month period.  [Penal Code  
            Section 2933(b).]  Credit is a privilege, not a right and must  
            be earned and may be forfeited pursuant to current law.   
            However, every eligible prisoner shall have a reasonable  
            opportunity to participate.  [Penal Code Section 2933(c).]

          11)    Requires the CDCR to promulgate regulations that state  
            that credit which has been previously forfeited may be  
            restored by the CDCR Secretary with proof that the inmate has  
            served not more than one year free of disciplinary  
            infractions.  The regulations shall provide for separate  
            classifications of serious disciplinary infractions as they  
            relate to restoration of credits, the time period required  
            before forfeited credits or a portion thereof may be restored,  
            and the percentage of forfeited credits that may be restored  








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            for these time periods.  No credits may be restored if they  
            were forfeited for a serious disciplinary infraction in which  
            the victim died or was permanently disabled.  Upon application  
            of the prisoner and following completion of the required time  
            period free of disciplinary offenses, forfeited credits  
            eligible for restoration under the regulations for  
            disciplinary offenses other than serious disciplinary  
            infractions shall be restored unless, at a hearing, it is  
            found that the prisoner refused to accept or failed to perform  
            in a credit qualifying assignment, or extraordinary  
            circumstances are present that require that credits not be  
            restored.  [Penal Code Section 2933(d).]

          12)    Provides that a prisoner sentenced to the state prison  
            shall receive one day of credit for every day served in a  
            county jail, city jail, industrial farm, or road camp after  
            the date he or she was sentenced to the state prison.  [Penal  
            Code Section 2933(e).]

          13)    Authorizes the CDCR to award program credit reductions to  
            inmates who successfully complete specific program performance  
            objectives for approved rehabilitative programming ranging  
            from credit reduction of not less than one week to credit  
            reduction of no more than six weeks for each performance  
            milestone.  However, a prisoner may not have his or her term  
            of imprisonment reduced more than six weeks for credits  
            awarded pursuant to this section during any 12-month period of  
            continuous confinement.  [Penal Code Section 2933.05(a).]  

          14)    "Approved rehabilitation programming" includes academic  
            programs, vocational programs, vocational training, and core  
            programs such as anger management and social life skills, and  
            substance abuse programs.  [Penal Code Section 2933.05(c).]

          15)    Disqualifies the following prisoners from eligibility for  
            program credits for approved rehabilitative programming [Penal  
            Code Section 2933.05(e)]:

             a)   Any person serving a term of imprisonment for a violent  
               offense;

             b)   Any person sentenced to state prison under the "Three  
               Strikes" Law;

             c)   Any person required to register as a sex offender; and,








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             d)   Any person serving a term of imprisonment as a result of  
               a violation of parole without a new term.

          16)    States that the maximum credit that may be earned against  
            a period of confinement in, or commitment to, a county jail,  
            industrial farm, or road camp, or a city jail, industrial  
            farm, or road camp, following arrest and prior to placement in  
            the custody of the Director of Corrections, shall not exceed  
            15% of the actual period of confinement for any person  
            convicted of a violent felony.  [Penal Code Section  
            2933.1(c).]

          17)    Provides that for each four-day period in which a  
            prisoner is confined in or committed to a county or city jail,  
            industrial farm, or road camp, one day shall be deducted from  
            his or her period of confinement.  This applies to [Penal Code  
            Section 4019(a) to (c)]:

             a)   All days of custody from the date of arrest to the date  
               on which the serving of the sentence commences, under a  
               judgment of imprisonment, or a fine and imprisonment until  
               the fine is paid in a criminal action or proceeding;

             b)   Confinement as a condition of probation after suspension  
               of imposition of a sentence or suspension of execution of  
               sentence, in a criminal action or proceeding;

             c)   Confinement for a definite period of time for contempt  
               pursuant to a proceeding, other than a criminal action or  
               proceeding; and, 

             d)   Confinement following arrest and prior to the imposition  
               of sentence for a felony conviction.

          18)    States that if a prisoner is required to register as a  
            sex offender, was committed for a serious felony, or has a  
            prior conviction for a serious felony, or a violent felony,  
            for each six-day period in which the prisoner is confined in,  
            or committed to, a county or city jail, industrial farm or  
            road camp, one day shall be deducted from his or her period of  
            confinement.  [Penal Code Section 4019(b) and (c).]

          19)    Declares the legislative intent that if all days are  
            earned under this section, a term of four days will be deemed  








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            to have been served for every two days spent in actual  
            custody, except that a term of six days will be deemed to have  
            been served for every four days spent in actual custody for  
            persons required to register as a sex offender, committed for  
            a serious felony, or having a prior conviction for a serious  
            felony, or a violent felony.  [Penal Code Section 4019(f).]
           
          FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "AB 2218  
            reinforces principles of individual accountability, public  
            safety and long-term cost savings to the taxpayers of  
            California by:  (a) re-opening Restitution Centers, where  
            eligible and suitable non-violent state prison inmates would  
            be required to obtain and maintain employment while also  
            paying direct victim restitution and other restitution fines  
            and fees owed; and (b) authorizing the creation of jail based  
            pre-conviction programming credits for counties offering  
            in-custody recidivism reduction programs. 

          "AB 2218 is an example of being smart on crime because offenders  
            who gain tangible life skills which include vocational  
            training and actual employment are much more likely to  
            successfully reintegrate into communities and contribute to  
            society instead of being a drain to taxpayers.  Restitution  
            Center participants often maintain the same employment upon  
            being released from state custody, thus providing a more  
            seamless transition."

           2)Prior Restitution Centers  :  In November 2008, CDCR closed the  
            two restitution centers, both in Los Angeles.  The purpose of  
            restitution centers is for non-serious, non-drug related  
            offenders to save the state money by being housed in group  
            homes instead of prison.  Offenders have jobs to pay rent and  
            restitution to their victims.  When the CDCR was ordered to  
            cut its budget by $800 million in 2008, CDCR announced that it  
            could no longer afford the restitution center program.

          The CDCR "pointed out that the centers had about three dozen  
            empty beds, and said the state could not afford to carry a  
            program not operating at full capacity.  The state could not  
            find enough eligible volunteers to fill all 110 beds.  Closing  
            the centers eliminated $500,000 in contract costs for the  








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            state."  [McGreevy, State Closes Restitution Centers for White  
            Collar Prisoners, Los Angeles Times (January 13, 2009).]

          To be eligible for admission into a restitution center, inmates  
            had to owe restitution to their victims and have sentences of  
            three years or less for nonviolent and nonsexual offenses.   
            One-third of an offender's earnings is paid to the State for  
            the offender's upkeep, one-third is paid to victims, and the  
            final one-third is deposited into an account to pay for  
            job-related costs such as transportation.

          Crime victims' advocates argued that a group home costs the  
            state $50 per inmate per day whereas those same inmates are  
            now costing the state at least $97 per day in prison  
            (according to prison officials).  Based on the number of  
            inmates, the difference of having inmates placed in group  
            homes versus prison is about $1.2 million per year.   
            [McGreevy, State Closes Restitution Centers for White Collar  
            Prisoners, Los Angeles Times (January 13, 2009).]

           3)Little Hoover Commission Recommendations Relating to  
            Restitution Centers  :  In its report, "Solving California's  
            Corrections Crisis:  Time is Running Out," (Jan. 2007) the  
            Little Hoover Commission recommended that the Governor and the  
            Legislature enact legislation to promote the utilization of  
            intermediate or community based sanctions, like restitution  
            centers in order to reduce prison costs.  [Little Hoover  
            Commission, Solving California's Corrections Crisis:  Time is  
            Running Out (Jan. 2007) p. 31.]  This reiterated  
            recommendations made by the Little Hoover Commission in 1998.

          In 1998, the Little Hoover Commission stated, "Researchers have  
            estimated that diverting low-level offenders from state prison  
            to community-based alternative sanctions could save a  
            significant portion of the State's current prison costs.   
            University of California criminologists calculate that  
            diverting offenders convicted of using or possessing drugs to  
            community-based programs would cut state prison costs by 17  
            percent.  Including all of those convicted of drug crimes  
            would boost the savings to 26 percent.  And diverting  
            offenders serving sentences shorter than nine months - which  
            takes in 44 percent of all prison inmates - would also lower  
            prison costs by about 25 percent.  [Little Hoover Commission,  
            Behind Bars:  Correctional Reforms to Lower Prison Costs and  
            Reduce Crime (Jan. 1998) p. 50.]








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          "The Legislative Analyst's Office also has identified potential  
            savings.  In 1997, the LAO estimated that the demand for  
            additional prisons over the next decade could be reduced by  
            30,000 beds if certain categories of offenders received  
            state-funded and locally administered intermediate sanctions.   
            The proposal estimated an annual state savings of $670 million  
            plus $1.36 billion in one-time capital outlay savings.   
            [Little Hoover Commission, Behind Bars: Correctional Reforms  
            to Lower Prison Costs and Reduce Crime (Jan. 1998) p. 50.] 

          "While the potential for direct savings is compelling, the issue  
            is controversial because of the difficulties in estimating the  
            indirect costs.  Some correctional officials assert that many  
            offenders sentenced for nonviolent crimes are violent people,  
            and that the most effective way to combat crime is  
            incapacitation.  Others argue that locking criminals up is  
            'the only way to make them pay' for crimes and to express  
            public condemnation of criminal acts.  And because  
            intermediate sanctions divert offenders into non-incarcerating  
            programs, critics say public safety is compromised.  [Little  
            Hoover Commission, Behind Bars:  Correctional Reforms to Lower  
            Prison Costs and Reduce Crime (Jan. 1998) p. 50.] 

          "Despite these concerns from opponents, the Little Hoover  
            Commission recommended that the Governor and the Legislature  
            enact legislation funding community-based punishments like  
            restitution center programs that improve public safety over  
            the long term by reducing recidivism and that minimize the  
            short-term added risks to the public when compared with  
            incarceration in state prison."  [Little Hoover Commission,  
            Behind Bars: Correctional Reforms to Lower Prison Costs and  
            Reduce Crime (Jan. 1998) p. 56.] 

           4)LAO:  SBx3 18 (Ducheny), Chapter 28, Statutes of 2009) Makes  
            Smaller Impact than Expected  :  In its recent analysis of the  
            Governor's proposed 2010-11 budget, the Legislative Analyst's  
            Office (LAO) stated, "The 2009-10 budget assumed about $1.2  
            billion in savings in the budget of the California Department  
            of Corrections and Rehabilitation (CDCR).  These were to  
            result from various administrative and programmatic changes  
            (such as reductions to inmate and parolee rehabilitation  
            programs), as well as from various policy changes to reduce  
            the inmate and parole populations (as specified in Chapter 28,  
            Statutes of 2009 [SBX3 18, Ducheny]).  Some of these changes  








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            include:  (1) commuting the sentences of and deporting certain  
            undocumented inmates currently incarcerated in prison; (2)  
            making ineligible for revocation to prison parole violations  
            by certain parolees with no serious, violent, or sex offenses;  
            (3) increasing the credits that inmates can earn to reduce  
            their stay in prison; (4) increasing the dollar threshold for  
            certain property crimes to be considered a felony, thus making  
            fewer offenders eligible for prison; and (5) providing fiscal  
            incentives to counties to reduce the number of revocations of  
            persons on probation to state prison.  The budget plan assumed  
            that the various changes would reduce the inmate population by  
            roughly 18,500 inmates in 2009-10 and 25,000 inmates in  
            2010-11 from a base of about 168,000 inmates. 

          "However, the actual reduction in the inmate population from the  
            above policy changes is now estimated to be significantly less  
            than initially planned-about 1,600 inmates in 2009-10 and  
            11,800 inmates in 2010-11.  This is primarily due to delays  
            and changes in the implementation of the new policies.  For  
                                                        example, the Governor's budget assumes only 200 sentence  
            commutations in 2009-10, which is significantly less than the  
            8,500 assumed in the enacted 2009-10 budget."

          This bill helps decrease the prison population by expanding  
            sentence reduction credits to inmates who participate in  
            recidivism reduction programs in county jails prior to being  
            sentenced to state prison.  

           5)Arguments in Support  :  According to the  California Public  
            Defenders Association  (the sponsor of this bill), "Instead of  
            serving their sentences in state prison, eligible and suitable  
            prisoners would serve their time at the Restitution Centers,  
            where CDCR staff was present.  The Restitution Centers provide  
            an avenue for inmates to be housed in a less costly community  
            setting while fulfilling their obligations to pay restitution.  
             The cost per day of housing a CDCR inmate in a restitution  
            center would be approximately $50 per day compared to $131 per  
            day to house in state prison, saving approximately $29,000 per  
            inmate per year in addition to the savings generated by the  
            percentage of wages allocated toward operating expenses."

          In addition, "Pre-conviction earned program credit in jail will  
            provide an incentive for participation that will enhance  
            public safety.  The CDCR Expert Panel in 2007 emphasized the  
            importance, through legislation, of expanding its system of  








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            positive reinforcements for offenders who successfully  
            complete their rehabilitation program requirements.  The  
            Expert Panel recommended awarding earned credits to offenders  
            who complete any rehabilitation program in prison and on  
            parole."

           6)Related Legislation  :  AB 807 (Fuentes) would have revised the  
            criteria for placement of inmates in restitution centers by  
            the CDCR.  AB 807 was vetoed by the Governor for interfering  
            with CDCR operations and because of uncertainty surrounding  
            the prison reform measures that are currently being litigated.  
             

           7)Prior Legislation : 

             a)   SBx3 18 (Ducheny), Chapter 28, Statutes of 2009,  
               provided that certain prisoners shall earn one day of  
               credit for every one day served either in the state prison  
               or in a local facility prior to delivery to the state  
               prison.  SBx3 18 provides for up to six weeks of additional  
               credit for the successful completion of certain programs  
               offered by the department, as specified.  SBx3 18 also  
               expands an existing program for extra time credits for  
               inmates assigned to conservation camps to apply to inmates  
               who are assigned to correctional institutions as inmate  
               firefighters and to inmates who have completed the training  
               for either of those assignments, as specified.  SBx3 18  
               also revises the time credits for certain prisoners  
               confined or committed to a county jail or other specified  
               facilities, as provided.

             b)   AB 543 (Houston), of the 2005-06 Legislative Session,  
               would have established a pilot program in Contra Costa  
               County whereby inmates in the county jail shall have their  
               sentences reduced for successfully participating in basic  
               education and vocational training programs.  AB 543 was  
               held at the Senate Desk.

             c)   AB 2586 (Houston), of the 2003-04 Legislative Session,  
               would have established a pilot program in Contra Costa  
               County whereby inmates in the county jail shall have their  
               sentences reduced for successfully participating in basic  
               education and vocational training programs.  AB 2586 died  
               on the Senate Inactive File.









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           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Public Defenders Association (Sponsor)
          California Attorneys for Criminal Justice

           Opposition 
           
          None
           

          Analysis Prepared by  :    Meghan Masera / PUB. S. / (916)  
          319-3744