Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2839

Introduced by Assembly Member Thurmond

February 19, 2016

An act to amend begin delete Section 1270 end delete begin insert Sections 1205 and 2900.5 end insert of the Penal Code, relating to criminal begin delete procedure. end delete begin insert penalties. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2839, as amended, Thurmond. begin delete Criminal procedure: release on defendant’s own recognizance. end delete begin insert Criminal penalties: nonpayment of fines. end insert

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Existing law permits a judgment against a criminal defendant that orders the defendant to pay a fine, other than a restitution fine or order, to also direct that he or she be imprisoned until the fine is satisfied. Existing law requires the judgment to specify the term of imprisonment for nonpayment of the fine, and prohibits that term from exceeding one day for each $125 of the fine, or exceeding the term for which the defendant may be sentenced for the offense of which he or she has been convicted.

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This bill would prohibit the term of imprisonment for nonpayment of a fine from exceeding one day for each $125 of the base fine or the term for which the defendant may be sentenced.

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Existing law also requires that in all felony and misdemeanor convictions, when the defendant has been in custody, that all days of custody of the defendant, as specified, are to be credited upon his or her term of imprisonment, or credited to any fine, on a proportional basis, that may be imposed, at the rate of not less than $125 per day, in the discretion of the court imposing the sentence.

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This bill would specify that the rate of credit under those provisions be credited to the term of imprisonment of the defendant or credited to the base fine that may be imposed.

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Existing law provides that a defendant who is in custody and arraigned for a misdemeanor offense, or who has been arrested upon an out-of-county warrant arising from a case involving only misdemeanors, is entitled to be released on his or her recognizance unless the court finds that the release will compromise public safety or will not reasonably ensure the appearance of the defendant, in which case the court is required to set bail and specify conditions, if any, for release.

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This bill would make technical, nonsubstantive changes to those provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 1205 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

1205.  

(a) A judgment that the defendant pay a fine, with or
without other punishment, may also direct that he or she be
imprisoned until the fine is satisfied and may further direct that
the imprisonment begin at and continue after the expiration of any
imprisonment imposed as a part of the punishment or of any other
imprisonment to which the defendant may have been sentenced.
The judgment shall specify the term of imprisonment for
nonpayment of the fine, which shall not be more than one day for
each one hundred begin delete twenty five end delete begin insert twenty-five end insert dollars ($125) of the
begin insert base end insert fine, nor exceed the term for which the defendant may be
sentenced to imprisonment for the offense of which he or she has
been convicted. A defendant held in custody for nonpayment of a
fine shall be entitled to credit on the fine for each day he or she is
held in custody, at the rate specified in the judgment. When the
defendant has been convicted of a misdemeanor, a judgment that
the defendant pay a fine may also direct that he or she pay the fine
within a limited time or in installments on specified dates, and that
in default of payment as stipulated he or she be imprisoned in the
discretion of the court either until the defaulted installment is
satisfied or until the fine is satisfied in full; but unless the direction
is given in the judgment, the fine shall be payable.

(b) Except as otherwise provided in case of fines imposed, as
a condition of probation, the defendant shall pay the fine to the
clerk of the court, or to the judge if there is no clerk, unless the
defendant is taken into custody for nonpayment of the fine, in
which event payments made while he or she is in custody shall be
made to the officer who holds the defendant in custody, and all
amounts paid shall be paid over by the officer to the court that
rendered the judgment. The clerk shall report to the court every
default in payment of a fine or any part of that fine, or if there is
no clerk, the court shall take notice of the default. If time has been
given for payment of a fine or it has been made payable in
installments, the court shall, upon any default in payment,
immediately order the arrest of the defendant and order him or her
to show cause why he or she should not be imprisoned until the
fine or installment is satisfied in full. If the fine or installment is
payable forthwith and it is not paid, the court shall, without further
proceedings, immediately commit the defendant to the custody of
the proper officer to be held in custody until the fine or installment
is satisfied in full.

(c) This section applies to any violation of any of the codes or
statutes of this state punishable by a fine or by a fine and
imprisonment.

(d) Nothing in this section shall be construed to prohibit the
clerk of the court, or the judge if there is no clerk, from turning
these accounts over to another county department or a collecting
agency for processing and collection.

(e) The defendant shall pay to the clerk of the court or the
collecting agency a fee for the processing of installment accounts.
This fee shall equal the administrative and clerical costs, as
determined by the board of supervisors, or by the court, depending
on which entity administers the account. The defendant shall pay
to the clerk of the court or the collecting agency the fee established
for the processing of the accounts receivable that are not to be paid
in installments. The fee shall equal the administrative and clerical
costs, as determined by the board of supervisors, or by the court,
depending on which entity administers the account, except that
the fee shall not exceed thirty dollars ($30).

(f) This section shall not apply to restitution fines and restitution
orders.

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begin insert SEC. 2. end insert   

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begin insert Section 2900.5 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

2900.5.  

(a) In all felony and misdemeanor convictions, either
by plea or by verdict, when the defendant has been in custody,
including, but not limited to, any time spent in a jail, camp, work
furlough facility, halfway house, rehabilitation facility, hospital,
prison, juvenile detention facility, or similar residential institution,
all days of custody of the defendant, including days served as a
condition of probation in compliance with a court order, credited
to the period of confinement pursuant to Section 4019, and days
served in home detention pursuant to Section 1203.016 or
1203.018, shall be credited upon his or her term of imprisonment,
or credited to any begin delete fine, including, but not limited to, base fines, on
a proportional basis, end delete begin insert base fine end insert that may be imposed, at the rate of
not less than one hundred begin delete twenty five end delete begin insert twenty-five end insert dollars ($125)
per day, or more, in the discretion of the court imposing the
sentence. If the total number of days in custody exceeds the number
of days of the term of imprisonment to be imposed, the entire term
of imprisonment shall be deemed to have been served. In any case
where the court has imposed both a prison or jail term of
imprisonment and a fine, any days to be credited to the defendant
shall first be applied to the term of imprisonment imposed, and
thereafter the remaining days, if any, shall be applied to the begin delete fine,
including, but not limited to, base fines, on a proportional basis. end delete
begin insert base fine. end insert

(b) For the purposes of this section, credit shall be given only
where the custody to be credited is attributable to proceedings
related to the same conduct for which the defendant has been
convicted. Credit shall be given only once for a single period of
custody attributable to multiple offenses for which a consecutive
sentence is imposed.

(c) For the purposes of this section, “term of imprisonment”
includes any period of imprisonment imposed as a condition of
probation or otherwise ordered by a court in imposing or
suspending the imposition of any sentence, and also includes any
term of imprisonment, including any period of imprisonment prior
to release on parole and any period of imprisonment and parole,
prior to discharge, whether established or fixed by statute, by any
court, or by any duly authorized administrative agency.

(d) It is the duty of the court imposing the sentence to determine
the date or dates of any admission to, and release from, custody
prior to sentencing and the total number of days to be credited
pursuant to this section. The total number of days to be credited
shall be contained in the abstract of judgment provided for in
Section 1213.

(e) It is the duty of any agency to which a person is committed
to apply the credit provided for in this section for the period
between the date of sentencing and the date the person is delivered
to the agency.

(f) If a defendant serves time in a camp, work furlough facility,
halfway house, rehabilitation facility, hospital, juvenile detention
facility, similar residential facility, or home detention program
pursuant to Section 1203.016, 1203.017, or 1203.018, in lieu of
imprisonment in a county jail, the time spent in these facilities or
programs shall qualify as mandatory time in jail.

(g) Notwithstanding any other provision of this code as it
pertains to the sentencing of convicted offenders, this section does
not authorize the sentencing of convicted offenders to any of the
facilities or programs mentioned herein.

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SECTION 1.  

Section 1270 of the Penal Code is amended to
read:

1270.  

(a) Any person who has been arrested for, or charged
with, an offense other than a capital offense may be released on
his or her own recognizance by a court or magistrate who could
release a defendant from custody upon the defendant giving bail,
including a defendant arrested upon an out-of-county warrant. A
defendant who is in custody and is arraigned on a complaint
alleging an offense that is a misdemeanor, and a defendant who
appears before a court or magistrate upon an out-of-county warrant
arising out of a case involving only misdemeanors, shall be entitled
to an own recognizance release unless the court makes a finding
on the record, in accordance with Section 1275, that an own
recognizance release will compromise public safety or will not
reasonably ensure the appearance of the defendant as required.
Public safety shall be the primary consideration. If the court makes
one of those findings, the court shall then set bail and specify the
conditions, if any, whereunder the defendant shall be released.

(b) Article 9 (commencing with Section 1318) shall apply to a
person who is released pursuant to this section.

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