BILL ANALYSIS Ó
AB 2590
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
2590 (Weber)
As Amended August 19, 2016
Majority vote
--------------------------------------------------------------------
|ASSEMBLY: |47-24 |(May 27, 2016) |SENATE: |26-13 |(August 25, |
| | | | | |2016) |
| | | | | | |
| | | | | | |
--------------------------------------------------------------------
Original Committee Reference: PUB. S.
SUMMARY: Finds and declares that the purpose of sentencing is
public safety achieved through punishment, rehabilitation, and
restorative justice and directs the Department of Corrections
and Rehabilitation (CDCR) to develop a mission statement
consistent with this bill's findings and declarations.
Encourages CDCR to develop programs and policies to educate and
rehabilitate eligible inmates. Extends until January 1, 2022,
the authority of the court to, in its discretion, impose the
appropriate term that best serves the interests of justice.
The Senate amendments:
1)Find and declare that the purpose of sentencing is public
safety achieved through punishment, as well as rehabilitation
and restorative justice.
AB 2590
Page 2
2)Encourage the development of policies and programs designed to
educate and rehabilitate eligible offenders, rather than all
offenders.
3)Find and declare that programs should be available for
inmates, including, but not limited to, educational,
rehabilitative, and restorative justice programs that are
designed to promote behavior change and to prepare all
eligible offenders for successful reentry into the community.
4)Direct the Department of Corrections and Rehabilitation to
establish a mission statement consistent with the findings and
declarations of this bill.
5)Extend until January 1, 2022, the authority of the court to,
in its discretion, impose the appropriate term that best
serves the interests of justice. The bill would, on and after
January 1, 2022, require the court to impose the middle term,
unless there are circumstances in aggravation or mitigation of
the crime.
6)Eliminate language which found and declared that the
elimination of disparity and the 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.
7)Double join this bill with SB 1084 (Hancock) of the current
legislative session to avoid chaptering issues.
AS PASSED BY THE ASSEMBLY, this bill:
1)Found and declared that the purpose of sentencing is public
AB 2590
Page 3
safety achieved through accountability, rehabilitation and
restorative justice.
2)Found 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)Encouraged the development of policies and programs designed
to educate and rehabilitate all offenders.
4)Encouraged the Department of Corrections and Rehabilitation to
allow all inmates the opportunity to enroll in programs that
promote successful return to the community.
5)Replaced the word "punishment" with the word "sentence" in the
statute that the bill amends.
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
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.
AB 2590
Page 4
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)Specifies 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
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
AB 2590
Page 5
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
change any and all the terms and conditions and to reimprison
the probationer in the county jail, as specified.
FISCAL EFFECT: According to the Senate Appropriations
Committee:
AB 2590
Page 6
1)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 eligible offenders (potentially extending
beyond the existing reference to nonviolent felony offenders)
the opportunity to enroll in programs that promote successful
reentry into the community.
2)Restorative justice: Potential major future cost pressure
(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.
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.
AB 2590
Page 7
Restorative justice agreements include the development of a
circle of support and accountability to increase the likelihood
that all agreements are completed."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by:
David Billingsley / PUB. S. / (916) 319-3744
FN: 0004808