BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 2590 (Weber) - Sentencing:  restorative justice
          
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          |Version: May 19, 2016           |Policy Vote: PUB. S. 5 - 2      |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 1, 2016    |Consultant: Jolie Onodera       |
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          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  







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            (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  








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          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  








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          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  








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            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.  








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            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."  




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