BILL ANALYSIS Ó AB 1375 Page 1 Date of Hearing: April 22, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 1375 (Thurmond) - As Introduced February 27, 2015 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill increases the statutory rate for credit for fines through incarceration, in lieu of paying a fine, from not less than $30 per day to not less than $125 per day. AB 1375 Page 2 FISCAL EFFECT: 1)Unknown savings to counties by reducing the time served in county jail. For example, if the average cost to house someone in jail is $100/day, a $300 base fine could be paid in 3 days, instead of 10 days. 2)Unknown revenue loss to the state (GF) and local agencies if more individuals opt for jail time than to pay the base fine. Penalties, assessments, and restitutions are not impacted by AB 1375. COMMENTS: 1)Purpose. According to the author, "AB 1375 will bring equity to an unfair situation that has been getting worse with each passing year, by making the first increase in the dollar amount of credit incarcerated prisoners receive against fines imposed since the law was enacted in 1976. In that time, the minimum wage has increased by over 600% and the total fines, with penalties and assessments, of typical infractions has increased similarly - to over 475% for running a red light and more than 800% for travelling 15 miles over the speed limit. The failure to adjust the rate of credit hurts poor defendants far more than better-off defendants, increasing anger and resentment at the inequity. The inability of an increasing number of defendants to pay the fine outright also increases jail overcrowding and adds to the burden on the taxpayers, since the costs of incarceration are substantially more than the value of the fines imposed." 2)Background. Current law gives the court power to enforce payment of fine in criminal case by imprisonment. However, AB 1375 Page 3 imprisonment pending payment of a fine is unconstitutional as applied to a convicted indigent defendant if the failure to pay is due to indigence and not to willfulness. This law is also used by defendants as a vehicle to request that the trial court exercise its discretion to convert fines to jail time. However, the statute cannot be used to pay off restitution fines or victim restitution orders. 3)Argument in Support: According to the Conference of California Bar Associations, the sponsor of this bill, "Under existing law, a criminal defendant may choose or be ordered to serve jail time in lieu of paying a criminal fine, or he or she may be allowed to credit time spent incarcerated against the payment of a fine. The minimum rate of credit is $30.00 per day of incarceration - an amount that was set in 1976 and has not been adjusted since. In almost all California counties, this "minimum" has since become the actual amount credited. "When this law was enacted, $30.00 was equivalent to working 12 hours at a minimum wage job ($1.50/hour). On January 1, 2016, the minimum wage in California will increase to be $10.00/hour, meaning that the same 12-hour day should be worth $120 - essentially the amount provided by AB 1375. By another measure, $30.00 in 1976 had the same buying power as $125.00 in 2014, according to the Bureau of Labor Statistics. 4)Prior Legislation: SB 1371 (Anderson), Chapter 49, Statutes of 2012, prohibits a defendant from satisfying an order to pay direct restitution to a victim, a restitution fine, or both, through time spent in custody at the statutory rate of $30 per day. AB 1375 Page 4 Analysis Prepared by:Pedro R. Reyes / APPR. / (916) 319-2081