BILL NUMBER: AB 2839	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 17, 2016

INTRODUCED BY   Assembly Member Thurmond

                        FEBRUARY 19, 2016

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2839, as amended, Thurmond.  Criminal procedure:
release on defendant's own recognizance.   Criminal
penalties: nonpayment of fines.  
   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.  
   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.  
   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.
 
   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.  
   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.  
   This bill would make technical, nonsubstantive changes to those
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1205 of the   Penal
Code   is amended   to read: 
   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
 twenty five   twenty-five dollars ($125)
of the  base  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.
   SEC. 2.    Section 2900.5 of the   Penal
Code   is amended to read: 
   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  fine, including, but not limited to, base
fines, on a proportional basis,   base fine  that
may be imposed, at the rate of not less than one hundred 
twenty five   twenty-five  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  fine, including, but not
limited to, base fines, on a proportional basis.   base
fine. 
   (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. 
  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.