BILL ANALYSIS
AB 2218
Page 1
ASSEMBLY THIRD READING
AB 2218 (Fuentes)
As Introduced February 18, 2010
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 12-5
-----------------------------------------------------------------
|Ayes:|Ammiano, Hagman, Beall, |Ayes:|Fuentes, Ammiano, |
| |Gilmore, Hill, | |Bradford, |
| |Portantino, Skinner | |Charles Calderon, Coto, |
| | | |Davis, |
| | | |De Leon, Hall, Skinner, |
| | | |Solorio, Torlakson, |
| | | |Torrico |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Conway, Harkey, Miller, |
| | | |Nielsen, Norby |
| | | | |
-----------------------------------------------------------------
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
AB 2218
Page 2
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
employable.
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.
2)Restitution centers shall be located in areas which will
maximize the employment opportunities of persons sentenced to
the centers.
3)The court may order the California Department of Corrections
and Rehabilitation (CDCR) 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.
4)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.
5)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.
AB 2218
Page 3
6)Provides that:
a) The offender's wages earned shall be paid directly to
the 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
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.
7)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.
8)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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, no immediate practical effect as CDCR in
2008 closed down its two restitution centers - which had a
AB 2218
Page 4
combined 110 beds, but about a 30% vacancy rate - to avoid what
the department claimed were unnecessary costs (about $500,000 in
contract costs). This bill does not require CDCR to take any
specific action, other than revising inmate eligibility. If
CDCR eventually reopens a restitution center, this bill should
make it somewhat easier to fill more beds, and therefore result
in moderate per capita savings. Considering, however, the
competition for these non-violent, non-serious, non-sex offender
lower inmates between CDCR camps, community correctional
facilities, work details, furlough centers, etc., CDCR will
likely continue to have difficulty filling these types of beds.
COMMENTS : 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."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Meghan Masera / PUB. S. / (916)
319-3744
FN: 0004234