BILL ANALYSIS Ó
AB 2590
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ASSEMBLY THIRD READING
AB
2590 (Weber)
As Amended April 12, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |5-2 |Jones-Sawyer, Lopez, |Melendez, Lackey |
| | |Low, Quirk, Santiago | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |14-5 |Gonzalez, Bloom, |Bigelow, Gallagher, |
| | |Bonilla, Bonta, |Jones, Obernolte, |
| | |Calderon, Daly, |Wagner |
| | |Eggman, Eduardo | |
| | |Garcia, McCarty, | |
| | |Holden, Quirk, | |
| | |Santiago, Weber, Wood | |
| | | | |
| | | | |
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SUMMARY: Finds and declares that the purpose of sentencing is
public safety achieved through accountability, rehabilitation,
and restorative justice. Specifically, this bill:
1)Finds and declares that the purpose of sentencing is public
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safety achieved through accountability, rehabilitation and
restorative justice.
2)Finds that programs should be available for inmates, including
but not limited to, educational programs that are designed to
prepare all offenders for successful reentry into the
community.
3)Encourages the development of policies and programs designed
to educate and rehabilitate all offenders.
4)Encourages the Department of Corrections and Rehabilitation to
allow all inmates the opportunity to enroll in programs that
promote successful return to the community.
5)Replaces the word "punishment" with the word "sentence" in the
statute that the bill amends.
6)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.
EXISTING LAW:
1)Finds and declares that the purpose of imprisonment for crime
is punishment.
2)Finds and declares that this purpose is best served by terms
proportionate to the seriousness of the offense with provision
for uniformity in the sentences of offenders committing the
same offense under similar circumstances.
3)Finds and declares that the elimination of disparity and the
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provision of uniformity of sentences can best be achieved by
determinate sentences fixed by statute in proportion to the
seriousness of the offense as determined by the Legislature to
be imposed by the court with specified discretion.
4)Specifies that in any case in which the punishment prescribed
by statute for a person convicted of a public offense is a
term of imprisonment in the state prison or a county jail term
under Realignment, the court shall sentence the defendant to
one of the terms of imprisonment specified unless the
convicted person is given any other disposition provided by
law, including a fine, jail, probation, or the suspension of
imposition or execution of sentence.
5)States that when a judgment of imprisonment is to be imposed
and the statute specifies three possible terms, the choice of
the appropriate term shall rest within the sound discretion of
the court.
6)Species that in determining the appropriate term, the court
may consider the record in the case, the probation officer's
report, other reports, including reports received, as
specified, and statements in aggravation or mitigation
submitted by the prosecution, the defendant, or the victim, or
the family of the victim if the victim is deceased, and any
further evidence introduced at the sentencing hearing.
7)States that the court shall select the term which, in the
court's discretion, best serves the interests of justice.
8)Provides that the statute authorizing discretion of courts to
sentence to different terms remain in effect only until
January 1, 2017, and as of that date is repealed, unless a
later enacted statute, that is enacted before that date,
deletes or extends that date.
9)Finds and declares that the provision of probation services is
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an essential element in the administration of criminal
justice. The safety of the public, which shall be a primary
goal through the enforcement of court-ordered conditions of
probation; the nature of the offense; the interests of
justice, including punishment, reintegration of the offender
into the community, and enforcement of conditions of
probation; the loss to the victim; and the needs of the
defendant shall be the primary considerations in the granting
of probation.
10)Specifies that "probation" means "the suspension of the
imposition or execution of a sentence and the order of
conditional and revocable release in the community under the
supervision of a probation officer."
11)Specifies that "conditional sentence" means "the suspension
of the imposition or execution of a sentence and the order of
revocable release in the community subject to conditions
established by the court without the supervision of a
probation officer."
12)Provides that the court, in granting probation, may suspend
the imposing or the execution of the sentence and may direct
that the suspension may continue for a period of time not
exceeding the maximum possible term of the sentence, except as
specified, and upon those terms and conditions as it shall
determine.
13)States that the court may impose and require any or all of
the terms of imprisonment, fine, and conditions, and other
reasonable conditions, as it may determine are fitting and
proper to the end that justice may be done and for the
rehabilitation of the probationer, and that should the
probationer violate any of the terms or conditions imposed by
the court in the matter, it shall have authority to modify and
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change any and all the terms and conditions and to reimprison
the probationer in the county jail, as specified.
FISCAL
EFFECT: According to the Assembly Appropriations Committee, no
cost
COMMENTS: According to the author, "AB 2590 (Weber), the Restorative
Justice Act, which is a modest but 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."
Analysis Prepared by:
David Billingsley/ PUB. S. / (916) 319-3744 FN:
0002884
AB 2590
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