BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 545 (Melendez) - Domestic violence ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 23, 2015 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 17, 2015 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 545 would impose a minimum period of incarceration in county jail of 48 hours for individuals convicted of domestic battery who also have a prior conviction for domestic violence (DV). Fiscal Impact: Ongoing increase in non-reimbursable local incarceration costs, potentially in excess of $50,000 (General Fund*) annually, to the extent future convictions for domestic battery result in additional county jail costs for individuals with prior DV convictions who otherwise would not have been subject to the minimum jail sentence. According to DOJ data, there are over 10,000 convictions under PC § 273.5 (DV) each year. It is unknown what portion of the 7,000 annual convictions for domestic battery would potentially be impacted by this measure, but for every 250 individuals (3.5 percent of domestic battery convictions) impacted, would result in increased county jail costs of about $50,000 based on an estimated daily jail AB 545 (Melendez) Page 1 of ? rate of $100 and the minimum period of 48 hours. *Proposition 30 (2012) provides that legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency, as specified, apply to local agencies only to the extent the State provides annual funding for the cost increase. Although legislation creating a new crime or revising the definition of an existing crime is exempt from Proposition 30 state funding requirements, legislation that changes the penalty for an existing crime is not similarly specifically exempt. As domestic battery and domestic violence are existing crimes, to the extent the provisions of this measure are determined to change the penalty for these crimes, any increase in costs to local agencies attributable to the provisions of this legislation could potentially require annual funding from the State. Background: Under existing law, when battery is committed against a spouse, a person with whom the defendant is cohabitating, a person who is the parent of the defendant's child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the offense is punishable by a fine not exceeding $2,000, or by imprisonment in county jail for up to one year, or by both the fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, the defendant is required to participate in and successfully complete a batterer's treatment program, as specified, or if none is available, another appropriate counseling program designated by the court. (Penal Code (PC) § 243(e)(1).) Upon a conviction for domestic battery as described above, if probation is granted or the execution or imposition of the sentence is suspended and the person has been previously convicted of battery under this provision, the person is required to be imprisoned for at least 48 hours in county jail. However, the court, upon a showing of good cause, may elect not to impose the mandatory minimum imprisonment as required and may, under these circumstances, grant probation or order the suspension of the execution or imposition of the sentence. (PC § 243(e)(3).) AB 545 (Melendez) Page 2 of ? Proposed Law: This bill would impose a minimum period of incarceration in county jail of 48 hours for individuals convicted of domestic battery under PC § 243(e), who also have a prior conviction for domestic violence (DV) pursuant to PC § 273.5. Prior Legislation: AB 2066 (Friedman) Chapter 421/1996 required that upon a second conviction for domestic battery, if probation was granted or sentence suspended, a person to be incarcerated for not less than 48 hours in addition to other provisions of law. Staff Comments: By increasing the penalty for the misdemeanor offense of domestic battery and indirectly increasing the penalty for domestic violence convictions, this bill could result in additional costs to local jails for new and/or lengthier jail terms. Staff notes that domestic battery and domestic violence are crimes under existing law. Pursuant to Proposition 30 (2012), legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation, including public safety services such as managing local jails and providing housing to juvenile and adult offenders, apply to local agencies only to the extent that the State provides annual funding for the cost increase. Although Proposition 30 specifies that legislation defining a new crime or changing the definition of an existing crime is not subject to this provision, changing the penalty for a crime is not specifically exempted and could potentially require a subvention of funds from the State. To the extent the provisions of this measure are determined to change the penalty for the existing crimes of domestic battery and domestic violence, any increase in costs to local agencies attributable to provisions of this legislation could potentially require annual funding from the State. Data from the DOJ indicates an average of over 7,000 convictions for domestic battery over the past three years, and over 10,000 convictions for DV each year. While the number of persons AB 545 (Melendez) Page 3 of ? potentially impacted by the provisions of this bill is unknown, to the extent even 250 of the 7,000 individuals (less than 4 percent) convicted of domestic battery each year also have prior DV convictions, would result in increased local jail costs of about $50,000. This estimate is based on an average daily jail rate of $100 and the minimum jail term of 48 hours. -- END --