BILL ANALYSIS Ó AB 2590 Page 1 Date of Hearing: May 4, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2590 (Weber) - As Amended April 12, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|5 - 2 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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, AB 2590 Page 2 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 AB 2590 Page 3 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 AB 2590 Page 4 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 AB 2590 Page 5