BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2590


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          Date of Hearing:  May 4, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2590 (Weber) - As Amended April 12, 2016


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill:

          1)Deletes the existing legislative findings and declarations  
            that the purpose of imprisonment is punishment, and instead  
            finds and declares that the purpose of sentencing is public  
            safety achieved through accountability, rehabilitation, and  
            restorative justice.  It also finds that programs should be  
            available for inmates, including but not limited to,  








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            educational programs that are designed to prepare all, rather  
            than specifically non-violent felony offenders for successful  
            reentry into the community.  

          2)Encourages the development of policies and programs designed  
            to educate and rehabilitate all offenders, and the Department  
            of Corrections and Rehabilitation (CDCR) to allow all inmates  
            the opportunity to enroll in programs that promote successful  
            return to the community.  
           
          3)Deletes the sunset language of the statute that would have  
            made the statute in-operative on January 1, 2017, and  
            indefinitely extends the authority granting the court  
            discretion in determining the sentence, and replaces the word  
            "punishment" with the word "sentence" in this statute. 
          


          FISCAL EFFECT:


          No cost.


          COMMENTS:


          1)Background/Purpose This bill would find and declare that the  
            purpose of sentencing is public safety achieved through  
            accountability, rehabilitation, and restorative justice.    
            "Restorative justice" is a concept which gives priority to  
            repairing the harm done to victims and communities, and  
            offender accountability is defined in terms of assuming  
            responsibility and taking action to repair harm. Within that  
            general framework, programs involving restorative justice can  
            encompass a wide variety of approaches.


            According to the author, "[This bill] is a modest but  








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            important step to move California's criminal laws away from a  
            system that relies solely upon incarceration and punishment.   
            While current law assumes that punishment (i.e., prison) is  
            the only legitimate response to crime, AB 2590 recognizes that  
            alternatives to incarceration, including restorative justice  
            solutions, may sometimes be appropriate.  Restorative justice  
            provides an opportunity for the offender to accept  
            responsibility, acknowledge the harm, make agreements to  
            repair the damages as much as possible and clarify future  
            intentions.  This is similar to mediation, but has a broad  
            purpose, to address the needs of the victim as well as repair  
            the damaged relationship. Restorative justice agreements  
            include the development of a circle of support and  
            accountability to increase the likelihood that all agreements  
            are completed."

            In the wake of prison overcrowding and Criminal Justice  
            Realignment, there has been a focus at every level of the  
            criminal justice system on alternatives to custody and  
            evidence based practices to reduce recidivism.  To that end,  
            criminal courts are incorporating more sentencing options that  
            do not involve custody.  Frequently, such sentencing  
            approaches attempt to address the underlying issues connected  
            to the defendant's criminal behavior.  


          2)Support.  The California Public Defenders Association argues  
            that existing law provides legislative findings and  
            declarations that the purpose of imprisonment for crime is  
            punishment, and AB 2590 would instead provide legislative  
            findings and declarations that the purpose of sentencing is  
            public safety achieved through restorative justice.


          3)Opposition.   According to The California District Attorneys  
            Association, "California's current sentencing laws exist to  
            ensure that terms of imprisonment reflect the seriousness of  
            the offense and the offender's criminal history, and to  
            promote uniformity in sentencing such that similar conduct  








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            results in similar punishment.  AB 2590 turns that notion on  
            its head, suggesting courts should instead consider a variety  
            of factors that attempt to explain away someone's criminal  
            behavior and absolve them of full accountability if they  
            happen to have come from a less fortunate background.


          4)Prior Legislation:  

             a)   SB 463 (Pavley), Chapter 508, Statutes of 2013, extended  
               to January 1, 2017, the provisions of law that provide that  
               the court shall, in its discretion, impose the term or  
               enhancement that best serves the interests of justice.

             b)   AB 1849 (Carter), Legislative Session of 2011-2012,  
               would have authorized the juvenile court of a county to  
               adopt a restorative justice program to address the needs of  
               minors, victims, and the community. AB 1849 was held in the  
               Assembly Appropriations Committee.

             c)   AB 446 (Carter), Legislative Session of 2011-2012, would  
               have authorized a county to adopt a restorative justice  
               program to address the needs of minors, victims, and the  
               community.  AB 446 was vetoed by the governor, in part, he  
               stated, "the courts already have the authority to create  
               such programs. ? the decision to adopt this kind of program  
               is better left to the sound discretion of judges."



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















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