BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 2590 (Weber) - Sentencing: restorative justice ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: May 19, 2016 |Policy Vote: PUB. S. 5 - 2 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 1, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 2590 would revise existing law declaring "the purpose of imprisonment for crime is punishment" to instead declare that "the purpose of sentencing is public safety achieved through accountability, rehabilitation, and restorative justice." This bill would expand existing law declaring that programs should be available to prepare nonviolent felony offenders for reentry to instead declare that programs should be available for all offenders to prepare them for successful reentry into the community. Fiscal Impact: CDCR : No direct state costs. Potential major future cost pressure (General Fund) to the Department of Corrections and Rehabilitation (CDCR) to develop and implement policies and programs, allowing all offenders (extending beyond the existing reference to nonviolent felony offenders) the opportunity to enroll in programs that promote successful reentry into the community. Restorative justice : Potential major future cost pressure AB 2590 (Weber) Page 1 of ? (General Fund/Local Funds) to develop and implement strategies to provide alternatives to punitive justice through a victim-centered approach, including cooperative agreements between agencies, facilitators over planning sessions, and the provision of services both before and after incarceration. The revision to the overarching purpose of sentencing to include restorative justice, which is undefined in the bill, could potentially result in substantial future investments to various state and local agencies to develop and implement. Some states have even created a separate agency to oversee the restorative justice strategy and provide the services. Long-term impacts : Potential future cost savings to the courts, state/local law enforcement agencies and facilities through reduced recidivism to the extent "restorative justice" becomes successfully integrated into the criminal justice system. Background: Existing law provides that the legislature finds and declares that the purpose of imprisonment for crime is punishment and that this purpose is best served by terms that are proportionate to the seriousness of the offense while at the same time providing for uniformity in sentences of offenders committing the same offense under similar circumstances. (Penal Code (PC) § 1170(a)(1).) Existing law provides that, " . . . the Legislature further finds and declares that programs should be available for inmates, including, but not limited to, educational programs, that are designed to prepare nonviolent felony offenders for successful reentry into the community. The Legislature encourages the development of policies and programs designed to educate and rehabilitate nonviolent felony offenders. In implementing this section, the Department of Corrections and Rehabilitation is encouraged to give priority enrollment in programs to promote successful return to the community to an inmate with a short remaining term of commitment and a release date that would allow him or her adequate time to complete the program." (PC § 1170(a)(2).) Proposed Law: This bill would revise the existing legislative finding AB 2590 (Weber) Page 2 of ? and declaration that states, "the purpose of imprisonment for crime is punishment," as follows: Revises the existing legislative declaration to instead provide that the purpose of "sentencing is public safety achieved through accountability, rehabilitation, and restorative justice." Revises existing legislative declarations to state, "When a sentence includes incarceration, this purpose is best served by terms that are proportionate to the seriousness of the offense with provision for uniformity in the sentences of offenders committing the same offense under similar circumstances." Revises existing language to state that educational and rehabilitative programing shall apply to "all offenders," instead of restricted to nonviolent felony offenders. Deletes the paragraph's reference to CDCR being encouraged to "give priority enrollment in programs," and instead provides that CDCR is encouraged to "allow all inmates the opportunity to enroll in programs that promote successful return to the community." Deletes from existing law the reference to "an inmate with a short remaining term of commitment and a release date that would allow him or her adequate time to complete the program." Further removes the word "punishment" from this section, and replaces it with the word "sentence," as specified. Related Legislation: SB 1324 (Hancock) 2016 would revise existing legislative findings and declarations to state that the purposes of imprisonment for crime include rehabilitation in addition to punishment. This bill has been ordered to the inactive file in the Assembly. Staff Comments: This bill has no direct cost impact to the CDCR or other state or local agencies. However, revising the overarching legislatively stated purpose of sentencing to include "restorative justice," which is undefined, creates potential future cost pressure on the CDCR, as well as other state and local agencies that may potentially be impacted by the future development and implementation of a restorative justice AB 2590 (Weber) Page 3 of ? strategy, which is generally defined by the Center for Justice and Reconciliation as, "a theory of justice that emphasizes repairing the harm caused by criminal behavior. It is best accomplished through cooperative processes that include all stakeholders. This can lead to transformation of people, relationships and communities." Prior budget acts and the recently enacted 2016 Budget Act have included funding for programs that provide alternatives to incarceration such as pre-trial diversion programs, however, in the absence of a definition of "restorative justice," which can encompass a wide variety of approaches, it is unclear whether the programs and funding currently available and in place meet the revised and intended statement of purpose. As an example of varying approaches, in part one of a two-part series released by the PEW Charitable Trusts, "Victims and Offenders Come Together to Make Their Own Justice," (R. Beitsch, Stateline, July 20, 2016), restorative justice is described as follows: Boulder [Colorado] is one of many places around the country turning to restorative justice as an alternative to prosecution and possible imprisonment. Instead of fighting the charges in court, offenders selected for restorative justice agree to accept responsibility for their actions, meet face-to-face with victims and come up with a plan to repair the harm they've caused. Thirty-five states have adopted legislation encouraging the use of restorative justice for children and adults both before and after prison, though many local law enforcement departments have for years relied on local nonprofits to perform the sessions without an official blessing from the state. As states step back from mass incarceration, restorative justice is becoming more widespread and formalized. Last year West Virginia set aside funding AB 2590 (Weber) Page 4 of ? for restorative justice and other alternatives to incarceration in the juvenile justice system. Some states, such as Vermont and Colorado, have passed laws that encourage the use of the strategy statewide by creating agencies that oversee or even provide the service. In the second of the two-part series, "Can Restorative Justice Help Offenders Reintegrate Into Society?"(R. Beitsch, Stateline, July 22, 2016), different approaches to restorative justice are described as follows: Restorative justice is used in many jurisdictions before incarceration. This allows offenders to avoid jail time for low-level crimes by meeting with their victims to discuss the incident and how they can make things right. But prison and parole offices are increasingly adapting restorative justice programs to help those who have committed serious and violent crimes while they are in prison and as they reintegrate society - sometimes without the participation of victims or their families. In the late 1990s, Vermont began setting up community justice centers that hosted discussions between low-level offenders and their victims. In 2006 the centers began hosting "circles of support and accountability" for high-risk offenders who had committed serious crimes, such as sexual assault and domestic violence, to help with re-entry. About 60 circles meet every week in Vermont. They match recently released offenders with three or four people in the community. Victims do not participate in the circles. In Texas, which has one of the largest prison dialogue programs in the country, the focus is entirely on the victim rather than rehabilitating the offender. It must be a victim who initiates the process, and each has his or her own reasons for doing so, said Lauren Bledsoe, who supervises victim-offender dialogues for Texas. AB 2590 (Weber) Page 5 of ? Though courts typically allow victims to file a victim impact statement during trial, many say they leave the process unsatisfied. Setting up a dialogue takes months of work. Program staff meets with both sides separately to prepare them for the encounter. In Texas, participation is voluntary for inmates and it is confidential, which means prisoners cannot bring up their participation before the parole board. Recommended Amendments: For clarifying intent purposes, the author may wish to consider an amendment to include a definition of "restorative justice." -- END --