BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 2218|
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                                 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  
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          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:


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             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).)

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          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

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          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,  

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            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

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