BILL ANALYSIS Ó AB 877 Page 1 Date of Hearing: April 26, 2011 Counsel: Stella Choe ASSEMBLY COMMITTEE ON PUBLIC SAFETY Tom Ammiano, Chair AB 877 (Skinner) - As Amended: March 25, 2011 SUMMARY : Expands existing provisions of law that allow for the dismissal of non-felony motor vehicle offenses pending at the time of a defendant's commitment to California Department of Corrections and Rehabilitation (CDCR) or the Division of Juvenile Facilities to also include persons sentenced to a county jail for six months or more. Specifically, this bill : 1)Expands existing law relating to the dismissal of non-felony motor vehicle offenses pending at the time of a defendant's commitment to state prison to provide the same relief to persons who are sentenced to a county jail for six months. 2)Exempts from prosecution non-felony offenses arising out of the operation of a motor vehicle or a Vehicle Code violation as a pedestrian against a person who has been incarcerated in county jail for 90 or more days in any consecutive 12-month period subsequent to the date of the offense or violation. 3)Prohibits the suspension, revocation, or refusal to issue or renew a driver's license as a result of a pending infraction occurring prior to the 90 or more days in any consecutive 12-month period of incarceration, or as a result of a notice received by the Department of Motor Vehicles (DMV) for notice of failure to appear in court after a written promise, or failure to pay a fine if the offense that gave rise to the notice occurred prior to incarceration. 4)Provides that non-felony offenses wherein the DMV is required by law to immediately suspend or revoke a person's driver's license upon notice of conviction of the offense will not be dismissed. 5)Provides that non-felony offenses for specified driving-under-the influence or specified reckless driving offenses will not be dismissed. AB 877 Page 2 6)Requires DMV to remove from its records notice received by it upon receipt of satisfactory evidence that a person was incarcerated in any correctional institute for a period of 90 or more days in a consecutive 12-month period. 7)Allows eligible persons to request relief directly from the DMV or the court. 8)Requires a court or the DMV that receives a valid request to search its records for eligible pending matters and dispose of each eligible non-felony offense pursuant to these provisions. 9)Requires the court, within 15 days of receipt of the request, to notify the DMV of the request and DMV to remove from its records any notice received by it from any county in California. EXISTING LAW : 1)Dismisses non-felony offenses arising out of the operation of a motor vehicle, or a violation of the vehicle code as a pedestrian, that are pending against a person at the time of his or her commitment to the custody of the Director of Corrections or the Department of the Youth Authority. (Vehicle Code Section 41500.) 2)Prohibits, notwithstanding any other law to the contrary, the suspension, revocation or refusal to issue or renew a driver's license due to a pending non-felony offense occurring prior to the time a person was committed to the custody of the Director of Corrections or the Department of the Youth Authority, or as a result of a notice received by the DMV from a court, a magistrate, or a clerk of that court, if the offense that gave rise to the notice occurred prior to the time a person was committed to the custody of the Director of Corrections or the Department of the Youth Authority. (Vehicle Code Section 41500.) 3)Allows the magistrate or clerk of a court to give notice to the DMV of a person's violation of any section under the Vehicle Code after that person's failure to appear in court after a written promise to appear or if that person willfully failed to pay a lawfully imposed fine for violation of the Vehicle Code within the time authorized by the court to pay AB 877 Page 3 the fine. If thereafter the fine is fully paid, the magistrate or the clerk of the court is to issue and file with the DMV a certificate showing that the fine has been paid. (Vehicle Code Section 40509.) 4)Requires the DMV to remove from its records any notice received by it pursuant to Vehicle Code Section 40509, upon receipt of satisfactory evidence that a person was committed to the custody of the Secretary of the Department of Corrections and Rehabilitation or the Division of Juvenile Facilities after the offense that gave rise to the notice occurred. (Vehicle Code Section 41500.) 5)Requires each county to establish a one-time infraction amnesty program for fines and bail providing relief to individuals who are financially unable to pay traffic bail or fines with due dates prior to January 1, 2009, thereby allowing courts and counties to resolve older delinquent cases and focus limited resources on collecting on more recent cases. Payment of a fine or bail under these amnesty programs shall be accepted beginning January 1, 2012, and ending June 30, 2012. The Judicial Council shall adopt guidelines for the amnesty program no later than November 1, 2011, and each program shall be conducted in accordance with Judicial Council guidelines. (Vehicle Code Section 42008.7.) FISCAL EFFECT : Unknown COMMENTS : 1)Author's Statement : According to the author, "One of the surest ways to assist defendants in reintegration in society is to assure that they are employable and able to care for themselves and their families. A defendant who is unable to obtain a driver's license is less employable, less likely to pay child support, apt to drive despite the lack of a license, unable to obtain insurance and even more troubling, inclined to return to a life of crime - putting the greater community at risk. "Not having the ability to legally drive is a major barrier to re-entry and becoming a productive member of society. Quite frequently, upon their release, these individuals often are arrested on a warrant relating to additional charges for the failure to appear in court for a hearing on non-felony Vehicle AB 877 Page 4 Code charges scheduled for a date on which the individual was in prison or jail and unable to appear. "The proposed legislation will remove this barrier for over 12,000 individuals in San Francisco alone. The community at large will be positively affected by this legislation. It is estimated that it will allow well over 80,000 formally incarcerated individuals to move toward successful reentry, resulting in a decrease in crime and a savings in associated court and incarceration costs. "Furthermore, it is in the public interest that courts not be burdened with the prosecution of minor cases where the defendant has already served a long county jail sentence/incarceration period regardless of ultimate conviction, or term in prison and the additional prosecution will neither substantially increase that term or facilitate the public safety or rehabilitative purpose of our criminal justice system. "AB 877 will expand VC 41500 to cover anyone sentenced to a county jail or jail alternative for a period of six or more consecutive months. In addition, the bill will add a new Vehicle Code section that will allow persons who have been incarcerated for 90 or more days in any consecutive 12 month period to have all vehicle code infractions (non-felony, non-misdemeanor) dismissed." 2)Background : According to the background provided by the author, "While current law provides relief to anyone who has been committed to CDCR with outstanding Vehicle Code violation, the code does not apply to persons sentenced to county jail unless they are also or subsequently sentenced to CDCR. "The current procedure for obtaining relief requires that a prisoner request assistance from CDCR staff via a CDC- GA 22. CDCR in turn determines if the GA 22 request contains the correct information and if so, fills out a CDC-1896 and forwards it to the DMV. The problem with this is that many prisoners are in housed in reception centers and/or are not in a CDCR facility long enough for the process to take place. Additionally, many of the violations which are covered by the current request may not have been submitted to the DMV pursuant to subdivision (a) of Section 40509 at the time they AB 877 Page 5 receive the CDC-1869 and will therefore not be dismissed. This will lead to an inability to obtain a California Driver's License (CDL) for the newly released individual. "Furthermore, Section 41500 does not apply to over the 80,000 county jail inmates currently incarcerated in California. In San Francisco County alone, with an inmate population which hovers around 2200 on any given day, many hundreds of inmates each year request quasi 41500 relief directly through the courts. This is achieved via a letter sent stating their date of arrest, current charges and expected release date and requesting either a dismissal in the interest of justice, or credit for time served based on the time spent incarcerated. The letter is signed by the Sheriff's staff verifying the information and forward to the respective counties. In the first 11 months of 2009, over 300 such requests were made directly to the courts. About one third were granted some sort of relief, a third were denied and the remainder ignored. As with the State prisoners who were unable to get through the process while in CDC, the two hundred San Francisco county inmates whose requests were denied or ignored are now unable to obtain a CDL and legally drive. (The potential number of affected county jail inmates throughout the state could be well over 12,000). "The proposed amendments to Section 41500 would address these issues by extending present Section 41500 relief to inmates sentenced to six months or more in the county jail and allowing individuals to request relief directly from the courts. Section 41500.5 would extend partial Section 41500 relief to county jail inmate removing one of the number one barriers to successful reentry. "Many inmates/prisoners serving time often face other charges or proceedings when his or her term of incarceration is completed. These are sometimes referred to as 'detainers' or 'holds.' They can render the incarcerated's final date of release into the community uncertain, often adversely affect his security classification thereby preventing his participation in various programs otherwise available to other inmates/prisoners in the same facility and can negatively affect his probation and parole periods as well as his reentry into society. The policy of providing relief from such detainers is reflected not only in Vehicle Code section 41500, which is the subject of this amendment, but also in Penal Code AB 877 Page 6 section 858.5 (misdemeanors serving sentence-pending misdemeanor Vehicle Code violation in another county); Penal Code section 1203.2a (revocation of probation on second conviction-time limit); Penal Code section 1381 (time for trial after conviction for another offense); Penal Code section 1381.5 (asking for release of federal prisoner to stand trial on pending state charge); and Penal Code sections 1389 through 1389.8 (interstate agreement on detainers)." 3)Governor Brown's Re-Alignment Plan : As part of the budget, Governor Brown will transfer responsibility for specified state programs and services to local governments. One of the first transfers will take place in the prison and juvenile justice systems; certain low-level offenders, adult parolees, and juvenile offenders will be realigned from state to local jurisdictions. Inmates convicted of serious or violent felonies or convicted of specified sex offenses will continue to serve their sentences in state prisons. ÝSB 109 (Assembly Budget Committee), Chapter 15, Statutes of 2011.] Under the realignment plan, defendants who would normally serve their sentences in state prisons will serve their sentences in county jails instead. This bill allows those individuals serving time in county jail to apply for the same type of relief those in state prisons are afforded. 4)Arguments in Support : a) According to East Bay Community Law Center , "AB 877 will reduce barriers to employment for eligible workers by amending Section 41500 and adding Section 41500.5 to the Vehicle Code in order to expand relief available therein to inmates of county jails. Obtaining a valid California Driver's License is often a first and essential step in successful reentry from jails and prisons. Many jobs our clients are qualified for require a valid driver's license as part of the employment duties or even as part of the application process. The additional protections included in AB 877 will allow greater access to employment opportunities. Increased employment has a direct impact on reducing recidivism. Accordingly AB 877 will make our communities safer and stronger." b) According to the California Public Defenders' Association , "Existing law is burdensome in that eligible AB 877 Page 7 persons in the custody of CDCR or DJJ now must enlist the help of CDCR and DJJ staff to obtain and submit to DMV the appropriate form for relief. AB 877 would streamline the operations and increase efficiency by allowing eligible incarcerated persons completing a 180-day sentence in county jail or treatment alternative to incarceration, to request relief directly from the DMV or from the court. A court receiving such a request would be able to search its own computer records and identify qualify non-felony Vehicle Code offenses and then request that DMV remove such violations from its records." 5)Prior Legislation : SB 857 (Committee on Budget and Fiscal Review), Chapter 720, Statutes of 2010, established a mandatory one-time amnesty program for fines and bail meeting certain requirements to accept, in full satisfaction of any eligible fine or bail, 50% of the fine or bail amount, between January 1, 2012, and June 30, 2012. SB 857 required the Judicial Council to adopt guidelines for the amnesty program no later than November 1, 2011. REGISTERED SUPPORT / OPPOSITION : Support California Public Defender's Association California United for a Responsible Budget Community Works East Bay Community Law Center Equal Justice Society Fathers and Families Lawyers' Committee for Civil Rights of the San Francisco Bay Office of the Sheriff, San Francisco Recovery Survival Network Rosen, Bien & Galvan, LLP Taxpayers for Improving Public Safety Opposition None Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744 AB 877 Page 8