BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2218| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 2218 Author: Fuentes (D) Amended: 8/2/10 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/22/10 AYES: Leno, Cedillo, Hancock, Huff, Steinberg, Wright NO VOTE RECORDED: Cogdill SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 62-5, 5/20/10 - See last page for vote SUBJECT : Restitution centers SOURCE : California Public Defenders Association DIGEST : This bill: (1) states legislative intent to reduce recidivism and assist in collection of restitution through the use of restitution centers in which inmates can maintain employment in the community to earn money to pay restitution, restitution fines and other fines; (2) broadens eligibility for restitution center placement to inmates with a sentence of up to 60 months or who have not had a conviction for sale of a controlled substance for five years - if the defendant meets the other eligibility rules; and (3) gives priority in placement for defendants who owe direct restitution to victims. ANALYSIS : Existing law authorizes the California CONTINUED AB 2218 Page 2 Department of Corrections and Rehabilitation (CDCR) to establish restitution centers for inmates to provide a means for those sentenced to prison to be able to pay their victims' financial restitution, as specified. (Penal Code Sections 6220 and 6221.) Existing law provides that a defendant is eligible for placement in a restitution center if he or she: 1. Has not served a prison term within the five years prior to the present conviction. 2. Does not have a criminal history of a conviction for the sale of drugs or for a crime involving violence or sex. 3. Did not receive a sentence of more than 36 months. 4. Presents no unacceptable risk to the community; and is employable. (Penal Code Section 6228.) Existing law provides that the court may order the 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. (Penal Code Section 6227.) Existing law provides that offenders shall perform all labor necessary to maintain the restitution center and meet the offenders' needs, unless the director finds that other persons can better perform a particular task. The director may employ and pay compensation to offenders to perform work at a center. (Penal Code Section 6230, subdivisions (a)-(b).) Existing law provides: 1. The offender's wages earned shall be paid directly to the CDCR, less any tax deductions. 2. 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: CONTINUED AB 2218 Page 3 A. One-third goes to the CDCR to pay the costs of the restitution center. B. One-third first goes to court ordered or agreed upon restitution, and the moneys are paid to the prosecuting jurisdiction to defray court costs and attorney fees incurred in prosecution and paid to the local jurisdiction for crime prevention C. One-third goes in 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. (Penal Code Section 6231, subdivisions (a) and (b)(3).) Existing law 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, subdivisions (a)-(b).) Existing law establishes the Sex Offender Registration Act, which requires all persons convicted in California, federal, or military court, of specifically enumerated sex crimes to register with the chief of police of the city in which he or she is residing. (Penal Code Section 290.) Existing law provides that a "serious felony" includes manslaughter, flight from a peace officer, reckless driving, and driving under the influence, when any of these offenses involve the personal infliction of great bodily injury in any person other than an accomplice, or the personal use of a dangerous or deadly weapon. (Penal Code Section 1192.7.) Existing law provides that a "violent felony" includes murder, mayhem, rape, robbery, arson, attempted murder, kidnapping, carjacking, extortion, and more. (Penal Code Section 667.5, subdivision (c).) CONTINUED AB 2218 Page 4 This bill declares legislative intent to address 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, as specified. This bill provides that the purpose of a restitution center is to allow inmates to pay their victims' financial restitution, including direct restitution to victims as well as restitution fines and fees. This bill stipulates that inmates who commit crimes involving a direct victim shall receive priority placement in restitution centers. This bill expands eligibility for placement in a restitution center to a defendant who does not have a conviction for the sale of a controlled substance within the last five years, if the defendant meets other eligibility requirements. This bill expands eligibility for restitution center placement to a defendant who was sentenced to a term of no more than 60 months, if other eligibility requirements are met. Prior Legislation AB 807 (Fuentes), 2009-10 Session, passed the Senate Floor with a vote of 27-7 on September 3, 2009 but was vetoed. AB 807 (Fuentes) would have revised the criteria for placement of inmates in restitution centers by the CDCR. AB 807 directed CDCR to open two specific restitution centers in Los Angeles. In discussions with Committees staff, CDCR representatives expressed concerns about being given such a mandate. 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. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No CONTINUED AB 2218 Page 5 SUPPORT : (Verified 8/3/10) California Public Defenders Association (source) California Attorneys for Criminal Justice Drug Policy Alliance Taxpayers for Improving Public Safety ARGUMENTS IN SUPPORT : According to the author's office, this bill reinforces principles of individual accountability, public safety and long-term cost savings to the taxpayers of California. The bill states legislative intent to re-open 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. This bill 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. The California Public Defenders Association argues, "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." ASSEMBLY FLOOR : AYES: Adams, Ammiano, Arambula, Bass, Beall, Blakeslee, Block, Blumenfield, Bradford, Brownley, Buchanan, CONTINUED AB 2218 Page 6 Caballero, Charles Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De Leon, DeVore, Emmerson, Eng, Feuer, Fong, Fuentes, Fuller, Furutani, Galgiani, Garrick, Gilmore, Hagman, Hall, Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight, Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning, Nestande, Niello, V. Manuel Perez, Ruskin, Salas, Saldana, Skinner, Smyth, Solorio, Audra Strickland, Swanson, Torlakson, Torres, Torrico, Tran, Yamada NOES: Anderson, Tom Berryhill, Gaines, Miller, Nielsen NO VOTE RECORDED: Bill Berryhill, De La Torre, Evans, Fletcher, Harkey, Logue, Nava, Norby, Portantino, Silva, Villines, John A. Perez, Vacancy RJG:do 8/3/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED