BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   THIRD READING 


          Bill No:  AB 2839
          Author:   Thurmond (D) 
          Amended:  4/13/16 in Assembly
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 6/28/16
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/11/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           ASSEMBLY FLOOR:  78-0, 5/12/16 (Consent) - See last page for  
            vote

           SUBJECT:   Criminal penalties:  nonpayment of fines


          SOURCE:    Conference of California Bar Associations
          
          DIGEST:   This bill clarifies that when a criminal defendant is  
          ordered imprisoned for non-payment of a non-restitution criminal  
          fine, only the base fine is used when determining the term of  
          imprisonment. 
          
          ANALYSIS:  

          Existing law:

          1)Authorizes the court to incarcerate a defendant until an  
            imposed criminal fine is satisfied, but limits such  
            imprisonment to the maximum term permitted for the particular  
            offense of conviction. (Penal Code § 1205 (a).) 









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          2)Requires that the time of imprisonment for failure to pay a  
            fine be calculated as no more than one day for every $125 of  
            the fine. (Penal Code § 1205 (a).) 

          3)States that this provision applies to any violation of any of  
            the codes or statutes of the state which are punishable by a  
            fine or by a fine and imprisonment, but that it does not apply  
            to restitution fines or restitution orders. (Penal Code § 1205  
            (c) & (f).) 

          4)Provides that all days spent in custody by the defendant must  
            first be applied to the term of imprisonment and then to any  
            fine including, but not limited to, base fines at the rate of  
            not less than $125 per day, or more, in the discretion of the  
            trial court. (Penal Code § 2900.5. (a).)

          This bill

          1)Prohibits 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. 

          2)Specifies that all days that a defendant is in custody shall  
            be credited upon the defendant's term of imprisonment or  
            credited proportionally to any criminal base fine, excluding  
            restitution or restitution orders, at a rate of not less than  
            $125 per day. 

          3)States that any fees and assessments imposed on the base fine  
            shall be reduced proportionally to the reduction of the base  
            fine awarded as a result of custody credits.

          Background
          
          The Conference of California Bar Associations, the sponsor  
          of this bill, states:

               AB 2839 is follow-up legislation to AB 1375 (Thurmond)  
               of 2015, reaffirming that bill's intent and  
               invalidating its mis-implementation by at least one  
               court.  AB 1375, which was approved unanimously by both  
               houses, amended Penal Code §§1205 and §2900.5 to  
               increase the minimum credit for incarceration towards  
               paying off a criminal fine from $30.00 per day to  







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               $125.00 per day.  The intent of the bill was to make it  
               easier for poor defendants charged with minor offenses  
               to ease the burden of paying off ever-increasing fines  
               by converting those fines to jail time at a more  
               reasonable rate, and to ease jail overcrowding by  
               enabling low-income defendants to satisfy their debt  
               more quickly.  The bill was also intended to reduce  
               incarceration costs, since counties end up paying  
               significant amounts of money to incarcerate  
               non-violent, poor defendants, jailed only for  
               non-payment of debt. 

               For forty years, California courts have calculated jail  
               credits against the base fine, with penalties and  
               assessments reduced proportionately. Unfortunately, in  
               response to the change made by AB 1375, some courts  
               have changed their method of calculating the fines  
               against which the jail time is applied by applying  
               credits only after penalties and assessments have been  
               added.  In these courts, indigent defendants now face  
               more jail time for the same minor fine than they did  
               before AB 1375, despite the legislation's clear intent.  
                This also increases jail overcrowding for minor  
               offenses, and costs counties more money in  
               incarceration costs. 

               AB 2839 would restore the "normal" calculation method  
               in place for the forty years before the passage of AB  
               1375, thereby ensuring that the Legislature's intent in  
               enacting the bill is given effect, jail overcrowding is  
               reduced, and local costs are kept low.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          According to the Senate Appropriations Committee analysis:

           County jails:  Potentially significant reduction in local  
            incarceration costs (Local Funds) due to shorter lengths of  
            stay required for persons incarcerated for the nonpayment of  
            fines.

           Penalty assessment/surcharge revenue:  Potentially significant  
            reduction in local penalty assessment, state penalty  







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            assessment, special fund assessment, and state surcharge  
            revenues (Local Fund/General Fund/Special Funds) due to the  
            mandated proportional reduction in penalties and assessments  
            applied against the amount of base fines that have been served  
            through time served. The magnitude of foregone revenue would  
            be dependent on numerous factors, including but not limited to  
            the number of defendants electing to serve time in lieu of  
            payment of fines, and the ability to collect the penalties and  
            assessments had they been imposed on the defendant in the  
            absence of this measure.


          SUPPORT:   (Verified8/12/16)


          Conference of California Bar Associations (source)
          Legal Services for Prisoners with Children
          California Public Defenders Association


          OPPOSITION:   (Verified8/12/16)


          None received


          ASSEMBLY FLOOR:  78-0, 5/12/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Calderon,  
            Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper,  
            Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines,  
            Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,  
            Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger  
            Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Burke, Jones-Sawyer

          Prepared by:Mary Kennedy / PUB. S. / 
          8/15/16 19:40:00








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