BILL NUMBER: SB 1124	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Cannella

                        FEBRUARY 17, 2012

   An act to amend Section 1203.1m of the Penal Code, relating to
prisons.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1124, as introduced, Cannella. Prisons: cost of incarceration:
reimbursement.
   Existing law authorizes the court in a criminal case to make a
determination of a defendant's ability to pay all or a portion of the
reasonable costs of imprisonment if the defendant is convicted of an
offense and ordered to serve a period of imprisonment in the state
prison. Existing law authorizes the court, in its discretion before
any hearing, to order the defendant to file a statement setting forth
his or her assets, liability, and income under penalty of perjury.
If the court determines that the defendant has the ability to pay all
or a portion of the costs, existing law requires the court to set
the amount to be reimbursed and order the defendant to pay that sum
to the Department of Corrections and Rehabilitation in the manner in
which the court believes reasonable and compatible with the defendant'
s financial ability.
   This bill would require the court to make a determination of the
ability of the defendant to pay all or a portion of the reasonable
costs of imprisonment, and would require the court to order the
defendant to file a statement setting forth his or her assets,
liability, and income before a hearing on the matter.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1203.1m of the Penal Code is amended to read:
   1203.1m.  (a) If a defendant is convicted of an offense and
ordered to serve a period of imprisonment in the state prison, the
court  may   shall  , after a hearing, make
a determination of the ability of the defendant to pay all or a
portion of the reasonable costs of the imprisonment. The reasonable
costs of imprisonment shall not exceed the amount determined by the
 Director   Secretary  of  the
Department of  Corrections  and Rehabilitation  to be
the actual average cost of imprisonment in the state prison on a
per-day basis.
   (b) The court  may, in its discretion  
shall,  before any hearing, order the defendant to file a
statement setting forth his or her assets, liability, and income,
under penalty of perjury. At the hearing, the defendant shall have
the opportunity to be heard in person or through counsel, to present
witnesses and other evidence, and to confront and cross-examine
adverse witnesses. A defendant who is represented by counsel
appointed by the court in the criminal proceedings shall be entitled
to representation at any hearing held pursuant to this section. If
the court determines that the defendant has the ability to pay all or
a part of the costs, the court shall set the amount to be reimbursed
and order the defendant to pay that sum to the Department of
Corrections  and   Rehabilitation  for deposit in
the General Fund in the manner in which the court believes reasonable
and compatible with the defendant's financial ability. Execution may
be issued on the order in the same manner as on a judgment in a
civil action. The order to pay all or part of the costs shall not be
enforced by contempt.
   (c) At any time during the pendency of an order made under this
section, a person against whom the order has been made may petition
the court to modify or vacate its previous order on the grounds of a
change of circumstances with regard to the person's ability to pay.
The court shall advise the person of this right at the time of making
the order.
   (d) If the amount paid by the defendant for imprisonment exceeds
the actual average cost of the term of imprisonment actually served
by the defendant, the amount paid by the defendant in excess of the
actual average cost shall be returned to the defendant within 60 days
of his or her release from the state prison.
   (e) For the purposes of this section, in determining a defendant's
ability to pay, the court shall consider the overall ability of the
defendant to reimburse all or a portion of the costs of imprisonment
in light of the defendant's present and foreseeable financial
obligations, including family support obligations, restitution to the
victim, and fines, penalties, and other obligations to the court,
all of which shall take precedence over a reimbursement order made
pursuant to this section.
   (f) For the purposes of this section, in determining a defendant's
ability to pay, the court shall not consider the following:
   (1) The personal residence of the defendant, if any, up to a
maximum amount of the median home sales price in the county in which
the residence is located.
   (2) The personal motor vehicle of the defendant, if any, up to a
maximum amount of ten thousand dollars ($10,000).
   (3) Any other assets of the defendant up to a maximum amount of
the median annual income in California.