BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1375


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          Date of Hearing:   April 22, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          1375 (Thurmond) - As Introduced February 27, 2015


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          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


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          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


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            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


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          Analysis Prepared by:Pedro R. Reyes / APPR. / (916)  
          319-2081