AB 2839, as amended, Thurmond. 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.begin insert The bill would require the penalties and assessments imposed on the base fine, if an amount of the base fine is not satisfied by jail credits or community service, to be reduced by the percentage of the base fine that was satisfied.end insert
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.begin insert The bill would require the penalties and assessments imposed on the base fine, if an amount of the base fine is not satisfied by jail credits or community service, to be reduced by the percentage of the base fine that was satisfied.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1205 of the Penal Code is amended to
2read:
(a) A judgment that the defendant pay a fine, with or
4without other punishment, may also direct that he or she be
5imprisoned until the fine is satisfied and may further direct that
6the imprisonment begin at and continue after the expiration of any
7imprisonment imposed as a part of the punishment or of any other
8imprisonment to which the defendant may have been sentenced.
9The judgment shall specify the term of imprisonment for
10nonpayment of the fine, which shall not be more than one day for
11each one hundred twenty-five dollars ($125) of the base fine, nor
12exceed the term for which the defendant may be sentenced to
13imprisonment for the offense of which he or she has been
14convicted. A defendant held in custody for nonpayment of a fine
15shall be
entitled to credit on the fine for each day he or she is held
16in custody, at the rate specified in the judgment. When the
17defendant has been convicted of a misdemeanor, a judgment that
18the defendant pay a fine may also direct that he or she pay the fine
19within a limited time or in installments on specified dates, and that
20in default of payment as stipulated he or she be imprisoned in the
21discretion of the court either until the defaulted installment is
22satisfied or until the fine is satisfied in full; but unless the direction
23is given in the judgment, the fine shall be payable.begin insert If an amount
24of the base fine is not satisfied by jail credits, or by community
25service, the penalties and assessments imposed on the base fine
P3 1shall be reduced by the percentage of the base fine that was
2satisfied.end insert
3(b) Except as otherwise provided in case of fines imposed, as
4a condition of probation, the defendant shall pay the fine to the
5clerk of the court, or to the judge if there is no clerk, unless the
6defendant is taken into custody for nonpayment of the fine, in
7which event payments made while he or she is in custody shall be
8made to the officer who holds the defendant in custody, and all
9amounts paid shall be paid over by the officer to the court that
10rendered the judgment. The clerk shall report to the court every
11default in payment of a fine or any part of that fine, or if there is
12no clerk, the court shall take notice of the default. If time has been
13given for payment of a fine or it has been made payable in
14installments, the court shall, upon any default in payment,
15immediately order the arrest of the defendant and order him or her
16to show cause why he or she should not be imprisoned until the
17fine
or installment is satisfied in full. If the fine or installment is
18payable forthwith and it is not paid, the court shall, without further
19proceedings, immediately commit the defendant to the custody of
20the proper officer to be held in custody until the fine or installment
21is satisfied in full.
22(c) This section applies to any violation of any of the codes or
23statutes of this state punishable by a fine or by a fine and
24imprisonment.
25(d) Nothing in this section shall be construed to prohibit the
26clerk of the court, or the judge if there is no clerk, from turning
27these accounts over to another county department or a collecting
28agency for processing and collection.
29(e) The defendant shall pay to the clerk of the court or the
30collecting
agency a fee for the processing of installment accounts.
31This fee shall equal the administrative and clerical costs, as
32determined by the board of supervisors, or by the court, depending
33on which entity administers the account. The defendant shall pay
34to the clerk of the court or the collecting agency the fee established
35for the processing of the accounts receivable that are not to be paid
36in installments. The fee shall equal the administrative and clerical
37costs, as determined by the board of supervisors, or by the court,
38depending on which entity administers the account, except that
39the fee shall not exceed thirty dollars ($30).
P4 1(f) This section shall not apply to restitution fines and restitution
2orders.
Section 2900.5 of the Penal Code is amended to read:
(a) In all felony and misdemeanor convictions, either
5by plea or by verdict, when the defendant has been in custody,
6including, but not limited to, any time spent in a jail, camp, work
7furlough facility, halfway house, rehabilitation facility, hospital,
8prison, juvenile detention facility, or similar residential institution,
9all days of custody of the defendant, including days served as a
10condition of probation in compliance with a court order, credited
11to the period of confinement pursuant to Section 4019, and days
12served in home detention pursuant to Section 1203.016 or
131203.018, shall be credited upon his or her term of imprisonment,
14or credited to any
base fine that may be imposed, at the rate of not
15less than one hundred twenty-five dollars ($125) per day, or more,
16in the discretion of the court imposing the sentence. If the total
17number of days in custody exceeds the number of days of the term
18of imprisonment to be imposed, the entire term of imprisonment
19shall be deemed to have been served. In any case where the court
20has imposed both a prison or jail term of imprisonment and a fine,
21any days to be credited to the defendant shall first be applied to
22the term of imprisonment imposed, and thereafter the remaining
23days, if any, shall be applied to the
base fine.begin insert If an amount of the
24base fine is not satisfied by jail credits, or by community service,
25the penalties and assessments imposed on the base fine shall be
26reduced by the percentage of the base fine that was satisfied.end insert
27(b) For the purposes of this section, credit shall be given only
28where the custody to be credited is attributable to proceedings
29related to the same conduct for which the defendant has been
30convicted. Credit shall be given only once for a single period of
31custody attributable to multiple offenses for which a consecutive
32sentence is imposed.
33(c) For the purposes of this section, “term of imprisonment”
34includes any period of imprisonment imposed as a condition of
35probation
or otherwise ordered by a court in imposing or
36suspending the imposition of any sentence, and also includes any
37term of imprisonment, including any period of imprisonment prior
38to release on parole and any period of imprisonment and parole,
39prior to discharge, whether established or fixed by statute, by any
40court, or by any duly authorized administrative agency.
P5 1(d) It is the duty of the court imposing the sentence to determine
2the date or dates of any admission to, and release from, custody
3prior to sentencing and the total number of days to be credited
4pursuant to this section. The total number of days to be credited
5shall be contained in the abstract of judgment provided for in
6Section 1213.
7(e) It is the duty of any agency to which a person is committed
8to apply the credit
provided for in this section for the period
9between the date of sentencing and the date the person is delivered
10to the agency.
11(f) If a defendant serves time in a camp, work furlough facility,
12halfway house, rehabilitation facility, hospital, juvenile detention
13facility, similar residential facility, or home detention program
14pursuant to Section 1203.016, 1203.017, or 1203.018, in lieu of
15
imprisonment in a county jail, the time spent in these facilities or
16programs shall qualify as mandatory time in jail.
17(g) Notwithstanding any other provision of this code as it
18pertains to the sentencing of convicted offenders, this section does
19 not authorize the sentencing of convicted offenders to any of the
20facilities or programs mentioned herein.
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